[Rev. 10/24/2013 8:06:13 PM--2013]

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CHAPTER 360, AB 363

Assembly Bill No. 363–Assemblyman Carrillo

 

CHAPTER 360

 

[Approved: June 2, 2013]

 

AN ACT relating to local governments; authorizing boards of county commissioners to abate public nuisances involving litter, garbage, abandoned or junk vehicles and junk appliances; authorizing certain local governments to abate public nuisances and conditions involving abandoned or junk vehicles by requesting the operator of a tow car to abate the public nuisance or condition; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a board of county commissioners of a county or the governing body of a city may adopt by ordinance procedures pursuant to which the board or governing body, or a designee thereof, may order an owner of property to abate a public nuisance or condition on the property, including the clearing of certain debris, to protect the public health, safety and welfare of the residents of the county or city. (NRS 244.3605, 268.4122) Existing law further provides that if, after the provision of notice about the nuisance or condition and an opportunity for a hearing, the property owner does not abate the nuisance or condition, the county or city may abate the nuisance or condition and recover from the property owner the amount expended by the county or city for the labor and materials used to abate the nuisance or condition.

      Section 2 of this bill adds litter, garbage, abandoned or junk vehicles and junk appliances to the list of conditions that constitute a public nuisance for the purposes of an ordinance adopted by a board of county commissioners. Section 2 also provides that, in a county whose population is 700,000 or more (currently only Clark County), such an ordinance may authorize the county to request the operator of a tow car to abate a public nuisance by towing an abandoned or junk vehicle that is not concealed from ordinary public view if certain requirements relating to notice and the opportunity for a hearing are satisfied. Similarly, section 3 of this bill, for the purposes of an ordinance adopted by the governing body of a city in any county whose population is 700,000 or more (currently only Clark County), provides that such an ordinance may authorize the city to request the operator of a tow car to abate such a condition by towing an abandoned or junk vehicle that is not concealed from ordinary public view if certain requirements relating to notice and the opportunity for a hearing are satisfied.

      Existing law provides for the regulation of tow cars and the operators of tow cars. (NRS 706.445-706.453) Sections 2 and 3 provide that the operator of a tow car who is requested by a county or city to tow a vehicle to abate a public nuisance or condition must comply with those provisions. Section 4 of this bill provides that the registered owner of a vehicle towed pursuant to a request by a county or a city to abate a public nuisance or condition is responsible for the cost of removal and storage of the vehicle.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 244.3601 is hereby amended to read as follows:

      244.3601  1.  Notwithstanding the abatement procedures set forth in NRS 244.360 or 244.3605, a board of county commissioners may, by ordinance, provide for a reasonable means to secure or summarily abate a dangerous structure or condition that at least three persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department, determine in a signed, written statement to be an imminent danger.

 


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ordinance, provide for a reasonable means to secure or summarily abate a dangerous structure or condition that at least three persons who enforce building codes, housing codes, zoning ordinances or local health regulations, or who are members of a local law enforcement agency or fire department, determine in a signed, written statement to be an imminent danger.

      2.  Except as otherwise provided in subsection 3, the owner of the property on which the structure or condition is located must be given reasonable written notice that is:

      (a) If practicable, hand-delivered or sent prepaid by United States mail to the owner of the property; or

      (b) Posted on the property,

Ê before the structure or condition is so secured. The notice must state clearly that the owner of the property may challenge the action to secure or summarily abate the structure or condition and must provide a telephone number and address at which the owner may obtain additional information.

      3.  If it is determined in the signed, written statement provided pursuant to subsection 1 that the structure or condition is an imminent danger and the result of the imminent danger is likely to occur before the notice and an opportunity to challenge the action can be provided pursuant to subsection 2, then the structure or condition which poses such an imminent danger that presents an immediate hazard may be summarily abated. A structure or condition summarily abated pursuant to this section may only be abated to the extent necessary to remove the imminent danger that presents an immediate hazard. The owner of the structure or condition which is summarily abated must be given written notice of the abatement after its completion. The notice must state clearly that the owner of the property may seek judicial review of the summary abatement and must provide an address and telephone number at which the owner may obtain additional information concerning the summary abatement.

      4.  The costs of securing or summarily abating the structure or condition may be made a special assessment against the real property on which the structure or condition is located and may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      5.  As used in this section:

      (a) “Dangerous structure or condition” has the meaning ascribed to it in subsection [6] 7 of NRS 244.3605.

      (b) “Imminent danger” means the existence of any structure or condition that could reasonably be expected to cause injury or endanger the life, safety, health or property of:

             (1) The occupants, if any, of the real property on which the structure or condition is located; or

             (2) The general public.

      Sec. 2. NRS 244.3605 is hereby amended to read as follows:

      244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may, to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish , [and] refuse , litter, garbage, abandoned or junk vehicles or junk appliances which [is] are not subject to the provisions of chapter 459 of NRS;

      (c) Clear weeds and noxious plant growth; or

 


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      (d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,

Ê to protect the public health, safety and welfare of the residents of the county.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, of the existence on the owner’s property of a public nuisance set forth in subsection 1 and the date by which the owner must abate the public nuisance.

             (2) If the public nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the public nuisance.

             (3) Afforded an opportunity for a hearing before the designee of the board and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

      (b) Provide that the date specified in the notice by which the owner must abate the public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended to abate the public nuisance on the property if the owner fails to abate the public nuisance.

      (d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.

      3.  In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the county to request the operator of a tow car to abate a public nuisance by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the conditions of subsection 4 are satisfied. The operator of a tow car requested to tow a vehicle pursuant to this section must comply with the provisions of NRS 706.445 to 706.453, inclusive.

      4.  The county may abate the public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance or request abatement by the operator of a tow car pursuant to subsection 3 if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance on the owner’s property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order; or

      (c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the public nuisance within the period specified in the order.

      [4.]5.  In addition to any other reasonable means for recovering money expended by the county to abate the public nuisance and, except as otherwise provided in subsection [5,] 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the expense and civil penalties are a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

 


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to the ordinance adopted pursuant to subsection 1, the expense and civil penalties are a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      [5.]6.  Any civil penalties that have not been collected from the owner of the property are not a special assessment against the property pursuant to subsection [4] 5 unless:

      (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the public nuisance or the date specified in the order of the board or court by which the owner must abate the public nuisance, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      [6.]7.  As used in this section, “dangerous structure or condition” means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

      Sec. 3. NRS 268.4122 is hereby amended to read as follows:

      268.4122  1.  The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

Ê to protect the public health, safety and welfare of the residents of the city.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.

             (2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.

             (3) Afforded an opportunity for a hearing before the designee of the governing body and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

 


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      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

      (e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

      3.  In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the city to request the operator of a tow car to abate a condition by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the governing body or its designee has directed the abatement of the condition pursuant to subsection 4. The operator of a tow car requested to tow a vehicle by a city pursuant to this section must comply with the provisions of NRS 706.445 to 706.453, inclusive.

      4.  The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition or request abatement by the operator of a tow car pursuant to subsection 3 if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

      (c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      [4.]5.  In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection [5,] 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      [5.]6.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection [4] 5 by the governing body unless:

      (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;

 


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      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      [6.]7.  As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

      Sec. 4. NRS 706.4477 is hereby amended to read as follows:

      706.4477  1.  If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer:

      (a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or an authorized agent of the owner of the real property and must sign a specific request for the towing. For the purposes of this section, the operator is not an authorized agent of the owner of the real property.

      (b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.

      (c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (d) The operator may be directed to terminate the towing by a law enforcement officer.

      2.  If towing is requested by a county or city pursuant to NRS 244.3605 or 268.4122, as applicable:

      (a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (b) The operator may be directed to terminate the towing by a law enforcement officer.

      3.  The registered owner of a motor vehicle towed pursuant to the provisions of subsection 1 [:] or 2:

      (a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and

      (b) Is responsible for the cost of removal and storage of the motor vehicle.

      [3.]4.  The registered owner may rebut the presumption in subsection [2] 3 by showing that:

      (a) The registered owner transferred the registered owner’s interest in the motor vehicle:

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the registered owner; or

 


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      (b) The vehicle is stolen, if the registered owner submits evidence that, before the discovery of the vehicle, the registered owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      Sec. 5. (Deleted by amendment.)

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CHAPTER 361, AB 386

Assembly Bill No. 386–Assemblymen Woodbury, Ohrenschall; and Stewart

 

CHAPTER 361

 

[Approved: June 2, 2013]

 

AN ACT relating to education; establishing a pilot program in the Clark County School District and the Washoe County School District for the administration of mental health screenings to pupils enrolled in selected secondary schools within each school district; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill establishes a pilot program in the Clark County School District and the Washoe County School District for the administration of mental health screenings to pupils enrolled in at least one secondary school within each school district.

 

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.  There is hereby established a pilot program in the Clark County School District and the Washoe County School District. For purposes of the pilot program, the board of trustees of the Clark County School District and the board of trustees of the Washoe County School District shall each:

      (a) Identify and coordinate with interested stakeholders in the community to implement the pilot program.

      (b) With the input and coordination of the interested stakeholders identified pursuant to paragraph (a), provide for the administration of mental health screenings to pupils enrolled in at least one secondary school within the school district, as selected by the school district.

      (c) With the input and coordination of the interested stakeholders identified pursuant to paragraph (a), provide an age-appropriate, professionally recognized mental health screening for administration to the pupils enrolled in each secondary school selected for the pilot program.

      (d) Assist the principal of each secondary school selected for the pilot program with identifying professionally qualified persons, including the interested stakeholders identified pursuant to paragraph (a), to administer the mental health screenings to pupils and to conduct follow-up screenings if a pupil scores in a range which indicates that he or she may have a mental health issue.

 


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      2.  Except as otherwise provided in subsection 3, each secondary school selected for the pilot program shall provide for the administration of the mental health screening selected by the school district by qualified persons, including the interested stakeholders identified pursuant to paragraph (a) of subsection 1, to the pupils enrolled in the secondary school or to pupils enrolled in selected grades at the secondary school, as determined by the school district. The school district shall ensure that if a pupil is absent or otherwise not available on the day scheduled for administration of the mental health screenings, a make-up administration is scheduled for the pupil within a reasonable time period.

      3.  Before administration of the mental health screening to a pupil pursuant to subsection 2, the principal of the secondary school shall provide advance written notice of the screening to the parent or guardian of the pupil, including a form for consent or exemption. The notice must inform the parent or guardian of his or her right to consent to the screening or exempt the pupil from the screening and contain a form for the signature of the parent or guardian to consent to the screening or exempt the pupil from the screening. If a form exempting a pupil from the screening is signed by the parent or guardian and returned to the school, the principal must exempt the pupil and the pupil must not undergo the mental health screening. If a form is not returned on behalf of a pupil, the principal of the school must exempt the pupil and the pupil must not undergo the mental health screening.

      4.  If a pupil scores on a mental health screening administered pursuant to subsection 2 in a range which indicates the pupil may have a mental health issue, the school district shall provide the parent or guardian of the pupil with the results of the mental health screening, to the extent feasible, and a list of resources available in the county to assist the parent or guardian with obtaining appropriate further professional diagnosis and, if necessary, treatment for the pupil. The school district is not responsible for providing to such a pupil, or ensuring that such a pupil receives, further professional diagnosis or treatment.

      Sec. 2.  1.  On or before April 1, 2014, the Clark County School District and the Washoe County School District shall provide a report to the Legislative Committee on Education concerning the status of the implementation of the pilot program for mental health screenings required by section 1 of this act.

      2.  On or before December 1, 2014, the Clark County School District and the Washoe County School District shall each submit a report to the Department of Education which includes, without limitation, and except as otherwise provided in subsection 3:

      (a) The number of secondary schools in the school district selected for the pilot program;

      (b) The number of pupils in each grade level of the secondary school selected for the pilot program and the actual number of pupils who underwent mental health screenings pursuant to the pilot program;

      (c) The number of pupils who did not undergo a mental health screening based upon the number of pupils whose parents or guardians opted out of administering the mental health screening to the pupil and the number of pupils for whom a form was not returned pursuant to subsection 3 of section 1 of this act;

 


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      (d) The number of pupils who scored in a range indicating that the pupil may have a mental health issue and a description of the types of resources which were referred to the parent or guardian of the pupil;

      (e) If available, an indication of how many parents and guardians followed up by seeking professional help for further diagnosis and, if necessary, treatment for the pupil; and

      (f) An evaluation of whether the pilot program was useful in identifying pupils with possible mental health issues and assisting the parents and guardians of those pupils with obtaining appropriate professional diagnosis and treatment.

      3.  The information required by the report pursuant to subsection 2 must be provided in an aggregated format and if any of the information would reveal the individual identity of a pupil, the school district shall not include that information in the report.

      4.  On or before January 1, 2015, the Department of Education shall compile each report received pursuant to subsection 2 and submit the written compilation, including, without limitation, recommendations for continuing and expanding the pilot program for mental health screenings to pupils, to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature.

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

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CHAPTER 362, AB 422

Assembly Bill No. 422–Committee on Judiciary

 

CHAPTER 362

 

[Approved: June 2, 2013]

 

AN ACT relating to offenders; requiring an autopsy upon the death of an offender under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing regulations provide that when an offender committed to the custody of the Department of Corrections dies, the coroner is required to determine the necessity of an autopsy where the death may be suspicious or unnatural. (NDOC AR 420.09) This bill requires the Director of the Department to request an autopsy upon the death of an offender where the next of kin of the offender consents or fails to object to the autopsy within 72 hours after the death.

 

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:

      The Director, in consultation with the designated medical director and the Inspector General of the Department, shall request the coroner, or any other person so authorized, to conduct an autopsy of any offender who dies while in the custody of the Department, if the next of kin:

 


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      1.  Consents to the autopsy; or

      2.  Does not notify the Director of any objection to the autopsy within 72 hours after the death.

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

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CHAPTER 363, AB 445

Assembly Bill No. 445–Committee on Government Affairs

 

CHAPTER 363

 

[Approved: June 2, 2013]

 

AN ACT relating to public bodies; requiring that notices of public meetings by public bodies be posted on the official website of the State; requiring the Department of Administration to establish a clear and conspicuous location on the official website of the State for such postings; requiring the Department to establish a directory of public bodies and to include the directory on the official website of the State in a clear and conspicuous location; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under Nevada’s Open Meeting Law, a public body is required to post a notice, an agenda and certain other information about each of its meetings, with certain exceptions. The notice must be posted at the principal office of the public body, or if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting. (NRS 241.020) Section 2 of this bill requires the Department of Administration to establish and maintain a location on the official website of the State for the posting of notices by public bodies that are required by the Open Meeting Law. Section 2 also requires that the location be identified on the official website in a clear and conspicuous manner. Section 1 of this bill revises the notice provision of the Open Meeting Law to require the posting of notices of public meetings on the State’s official website.

      Section 2.5 of this bill requires the Department to: (1) establish a directory of all public bodies; and (2) include the directory on the official website of the State in a clear and conspicuous location.

      Section 4 of this bill requires the Department to have the locations on the State’s official website fully operational by January 1, 2014. Section 6 of this bill requires the posting of notices of meetings by public bodies to the official website of the State beginning on January 1, 2014, except that section 5 of this bill allows public bodies of local governments until July 1, 2014, to comply with the new requirement.

 

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 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed.

 


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specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item.

             (3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:

                   (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or

                   (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.

Ê The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

             (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

             (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

             (6) Notification that:

                   (I) Items on the agenda may be taken out of order;

                   (II) The public body may combine two or more agenda items for consideration; and

                   (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

             (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

      3.  Minimum public notice is:

 


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      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting; [and]

      (b) Posting the notice on the official website of the State pursuant to section 2 of this act not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State; and

      (c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection 6, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

      6.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

 


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      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      7.  A public body may provide the public notice, information and material required by this section by electronic mail. If a public body makes such notice, information and material available by electronic mail, the public body shall inquire of a person who requests the notice, information or material if the person will accept receipt by electronic mail. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or material required by this section to a person who has agreed to receive such notice, information or material by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      8.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 1.5. Chapter 232 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 2.5 of this act.

      Sec. 2. 1.  The Department shall establish and maintain a location on the official website of the State for the posting of notices by public bodies as required pursuant to NRS 241.020. The location must be identified on the official website of the State in a clear and conspicuous manner.

      2.  The location established pursuant to subsection 1 must include a place for the posting of electronic links to the Internet website or any electronic mail addresses, if available, of each public body which has posted a notice pursuant to NRS 241.020, from which a person may request the information and supporting materials that a public body must provide to a requester pursuant to NRS 241.020.

      3.  The Department shall provide for:

      (a) The transmission to the Department by public bodies of:

             (1) Notices required pursuant to NRS 241.020; and

             (2) The Internet website or any electronic mail addresses, if available, of a public body that has submitted a notice for posting on the official website of the State.

      (b) The timely and efficient posting of such notices and electronic links to addresses on the official website of Nevada.

      4.  The Department may adopt regulations to carry out the provisions of this section.

 


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      Sec. 2.5. The Department shall establish a directory of all public bodies and include the directory on the official website of the State in a clear and conspicuous location.

      Sec. 3. NRS 232.212 is hereby amended to read as follows:

      232.212  As used in NRS 232.212 to 232.227, inclusive, and sections 2 and 2.5 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Administration.

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

      3.  “Public body” has the meaning ascribed to it in NRS 241.015.

      Sec. 4.  The Department of Administration shall have the locations on the official website of the State required pursuant to sections 2 and 2.5 of this act fully operational on or before January 1, 2014.

      Sec. 5.  Notwithstanding the provisions of section 6 of this act, a public body of a local government is not required to comply with the amendatory provisions of this act until July 1, 2014.

      Sec. 6.  1.  This section and sections 2 to 5, inclusive, of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on January 1, 2014.

________

CHAPTER 364, AB 453

Assembly Bill No. 453–Committee on Transportation

 

CHAPTER 364

 

[Approved: June 2, 2013]

 

AN ACT relating to motor vehicles; exempting certain fleet vehicles from the Department of Motor Vehicles insurance verification system; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to create a system for verifying through the secure transmission and receipt of information that the owners of motor vehicles maintain the liability insurance required by law. The only vehicles that are exempt from being included in such a system are certain golf carts. (NRS 485.313) Section 2 of this bill creates an additional exemption for certain vehicles that are registered as part of a fleet of vehicles. Section 2 further provides that verification of the required liability insurance for such fleet vehicles shall be deemed to have been satisfied by the submission to the Department by the insurer of the policy number and the name of the registered owner.

 

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 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

 


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      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) The owner’s residential address.

      (c) The owner’s declaration of the county where he or she intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

             (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185; and

             (2) A declaration signed by the applicant that he or she will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this subparagraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle [;] or the registered owner of the vehicle; or

             (3) In another form satisfactory to the Department.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his or her original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

 


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      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his or her certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file evidence of that insurance.

      Sec. 2. NRS 485.313 is hereby amended to read as follows:

      485.313  1.  The Department:

      (a) Shall, in cooperation with insurers, create a system for verifying through the secure transmission and receipt of information that the owners of motor vehicles maintain the insurance required by NRS 485.185; and

      (b) May enter into a contract with any person to provide services relating to the system.

      2.  The Director shall adopt regulations to carry out the provisions of this section . [, including, without limitation, regulations for verifying that registered owners described in paragraph (b) of subsection 5 of NRS 482.215 maintain the insurance required by NRS 485.185.]

      3.  For vehicles which are part of a fleet of more than one vehicle, all of which are covered by a commercial liability policy, the maintenance of the insurance required by NRS 485.185 shall be deemed to have been satisfied by the submission by the insurer to the Department of the policy number and the name of the registered owner of the vehicles.

      4.  As used in this section, “motor vehicle”:

      (a) Does not include [, except] :

             (1) Except as otherwise provided in subsection 1 of NRS 482.398, a golf cart as that term is defined in NRS 482.044.

             (2) A vehicle that is registered as part of a fleet of vehicles pursuant to subsection 5 of NRS 482.215.

      (b) Includes, without limitation [:

             (1) A] , a motortruck, truck-tractor, bus or other vehicle that is registered pursuant to paragraph (c) of subsection 1 of NRS 482.482 or NRS 706.801 to 706.861, inclusive.

             [(2) A vehicle that is registered as part of a fleet of vehicles and described in paragraph (b) of subsection 5 of NRS 482.215.]

      Sec. 3. NRS 690B.023 is hereby amended to read as follows:

      690B.023  If insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by a contract of insurance, the insurer shall:

      1.  Provide evidence of insurance to the insured on a form approved by the Commissioner. The evidence of insurance must include:

      (a) The name and address of the policyholder;

      (b) The name and address of the insurer;

      (c) Vehicle information, consisting of:

             (1) The year, make and complete identification number of the insured vehicle or vehicles; or

 


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             (2) The word “Fleet” and the name of the registered owner if the vehicle is covered under a fleet policy written on an any auto basis or blanket policy basis;

      (d) The term of the insurance, including the day, month and year on which the policy:

             (1) Becomes effective; and

             (2) Expires;

      (e) The number of the policy;

      (f) A statement that the coverage meets the requirements set forth in NRS 485.185; and

      (g) The statement “This card must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.

      2.  Provide new evidence of insurance if:

      (a) The information regarding the insured vehicle or vehicles required pursuant to paragraph (c) of subsection 1 no longer is accurate;

      (b) An additional motor vehicle is added to the policy;

      (c) A new number is assigned to the policy; or

      (d) The insured notifies the insurer that the original evidence of insurance has been lost.

      Sec. 4. (Deleted by amendment.)

________

CHAPTER 365, AB 460

Assembly Bill No. 460–Committee on Education

 

CHAPTER 365

 

[Approved: June 2, 2013]

 

AN ACT relating to education; requiring the Department of Education to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements necessary to receive federal funding under the Elementary and Secondary Education Act of 1965; prescribing certain requirements for a uniform statewide system of accountability for public schools; revising provisions governing the annual reports of accountability for public schools; repealing provisions relating to adequate yearly progress and the designation of public schools and school districts based upon an annual determination of whether the public schools and school districts have made adequate yearly progress; repealing provisions governing the consequences and sanctions for public schools and school districts designated as needing improvement; repealing provisions governing the creation and duties of school support teams for certain public schools designated as needing improvement; and providing other matters properly relating thereto.

 

 


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Legislative Counsel’s Digest:

      The No Child Left Behind Act of 2001 requires each state to have a single, statewide system of accountability applicable to all pupils, challenging academic content standards and periodic examinations on those challenging academic standards. (20 U.S.C. §§ 6301 et seq.) The Act was a significant reauthorization of the Elementary and Secondary Education Act of 1965. Certain provisions of the Act apply only to those public schools and school districts receiving federal money pursuant to the provisions of the Act, also known as “Title I schools” and “Title I school districts.” (NRS 385.3467, 385.34675) The intended goal of the No Child Left Behind Act was to hold the states, local school districts and public schools accountable for improving the academic achievement of all pupils and to identify and turn around low performing schools. The Act’s mechanism for determining the status of schools and school districts is based primarily upon an annual determination of whether the school or school district has made adequate yearly progress.

      The Congress of the United States has not acted to make significant revisions to the No Child Left Behind Act and, in 2011, the United States Department of Education made it possible for states to apply to the Department for flexibility from some of the provisions of the Act. In August 2012, the Nevada Department of Education received approval from the United States Department of Education to implement an accountability system for public schools that allows for a waiver from some of the specific provisions of the No Child Left Behind Act. The approval requires the Nevada Department of Education to track the performance of pupils and public schools, including measuring, reporting on and supporting the achievement of pupils. Since the approval of the waiver, the Nevada Department of Education has developed the Nevada School Performance Framework for the statewide system of accountability for public schools.

      Section 1 of this bill requires the Department of Education to obtain the approval necessary to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act. Section 1 also establishes certain requirements for the statewide system of accountability for public schools which applies to all public schools, regardless of Title I status, and which must: (1) include a method to rate each public school based upon performance; (2) include a method to implement consequences, rewards and supports for public schools based upon the ratings; and (3) establish annual measurable objectives and performance targets for public schools. Under existing law, the State Board of Education, the boards of trustees of school districts and the sponsors of charter schools are required to prepare annual reports of accountability that include various information on public schools and the pupils enrolled in public schools. (NRS 385.3469, 385.347) Sections 4 and 6 of this bill revise the contents of the annual reports of accountability to include information concerning violations of the code of honor relating to cheating or any other code of honor applicable to pupils enrolled in high school.

      Under existing law, the statewide system of accountability for public schools conforms with the No Child Left Behind Act and makes many of the provisions of that Act applicable to both Title I and non-Title I schools. (NRS 385.3455-385.391) Under Nevada’s accountability system, public schools and school districts are designated as demonstrating: (1) exemplary achievement; (2) high achievement; (3) adequate achievement; or (4) need for improvement. (NRS 385.3611) These designations are based primarily upon an annual determination of whether each public school and school district has made adequate yearly progress. (NRS 385.361, 385.3613, 385.3762) Section 32 of this bill repeals these provisions requiring the designations of public schools and school districts based upon adequate yearly progress.

      Under existing law, if a Title I school receives a designation as demonstrating need for improvement, the Title I school is subject to certain consequences, depending upon the number of consecutive years the Title I school receives the designation, including providing school choice, providing supplemental educational services, implementing certain corrective actions and implementing a plan for restructuring the school.

 


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restructuring the school. (NRS 385.3661, 385.372, 385.3743, 385.3746, 385.37607, 385.3761) If a non-Title I school receives a designation as demonstrating need for improvement, depending upon the number of consecutive years the school receives the designation, the non-Title I school is subject to some of the consequences that apply to Title I schools. (NRS 385.3693, 385.3721, 385.3755, 385.3745, 385.376, 385.37603, 385.37605) In a similar manner, there are prescribed consequences for school districts that are designated as demonstrating need for improvement. (NRS 385.3772, 385.3773) Section 32 repeals these provisions relating to the consequences for public schools and school districts based upon the annual designations.

      Under existing law, the State Board of Education is required to prescribe by regulation differentiated corrective actions, consequences and sanctions for public schools designated as needing improvement for 4 consecutive years or more, including, without limitation, the establishment of a support team for the school. (NRS 385.3611, 385.36125-385.36129) Section 32 repeals the provisions relating to the creation and duties of school support teams.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall make every effort to obtain the approval necessary from the United States Department of Education to ensure that the statewide system of accountability for public schools complies with all requirements for the receipt of federal money under the Elementary and Secondary Education Act of 1965, 20 U.S.C. §§ 6301 et seq., as amended.

      2.  The statewide system of accountability applies to all public schools, regardless of Title I status, and must:

      (a) Include a method to, on an annual basis, rate each public school based upon the performance of the school and based upon whether each public school meets the annual measurable objectives and performance targets established pursuant to the statewide system of accountability;

      (b) Include a method to implement consequences, rewards and supports for public schools based upon the ratings; and

      (c) Establish annual measurable objectives and performance targets for public schools and performance targets for specific groups of pupils, including, without limitation, pupils who are economically disadvantaged, pupils from major racial and ethnic groups, pupils with disabilities and pupils who are limited English proficient. The annual measurable objectives and performance targets must:

             (1) Be based primarily upon the measurement of the progress and proficiency of pupils on the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable; and

             (2) For high schools, include the rate of graduation and the rate of attendance.

      3.  The statewide system of accountability for public schools may include a method to:

      (a) On an annual basis, rate school districts based upon the performance of the public schools within the school district and whether those public schools meet the annual measurable objectives and performance targets established pursuant to the statewide system of accountability; and

 


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      (b) Implement consequences, rewards and supports for school districts based upon the ratings.

      Sec. 2. NRS 385.3455 is hereby amended to read as follows:

      385.3455  As used in NRS 385.3455 to [385.391,] 385.3891, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 385.3468 is hereby amended to read as follows:

      385.3468  The provisions of NRS 385.3455 to [385.391,] 385.3891, inclusive, and section 1 of this act do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

      Sec. 4. NRS 385.3469 is hereby amended to read as follows:

      385.3469  1.  The State Board shall prepare an annual report of accountability that includes, without limitation:

      (a) Information on the achievement of all pupils based upon the results of the examinations administered pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (b) Except as otherwise provided in subsection 2, pupil achievement, reported separately by gender and reported separately for the [following] groups of pupils [:

             (1) Pupils who are economically disadvantaged, as defined by the State Board;

             (2) Pupils from major racial and ethnic groups, as defined by the State Board;

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

             (5) Pupils who are migratory children, as defined by the State Board.] identified in the statewide system of accountability for public schools.

      (c) A comparison of the achievement of pupils in each group identified in [paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.] the statewide system of accountability for public schools with the performance targets established for that group.

      (d) The percentage of all pupils who were not tested, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (e) Except as otherwise provided in subsection 2, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in [paragraph (b).] the statewide system of accountability for public schools.

      (f) The most recent 3-year trend in the achievement of pupils in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

 


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      (g) [Information on whether each school district has made adequate yearly progress, including, without limitation, the name of each school district, if any, designated as demonstrating need for improvement pursuant to NRS 385.377 and the number of consecutive years that the school district has carried that designation.] The rating of each public school, including, without limitation, each charter school, pursuant to the statewide system of accountability for public schools.

      (h) Information on whether each public school, including, without limitation, each charter school, has made [:

             (1) Adequate yearly progress, including, without limitation, the name of each public school, if any, designated as demonstrating need for improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

             (2) Progress] progress based upon the model adopted by the Department pursuant to NRS 385.3595, if applicable for the grade level of pupils enrolled at the school.

      (i) Information on the results of pupils who participated in the examinations of the National Assessment of Educational Progress required pursuant to NRS 389.012.

      (j) The ratio of pupils to teachers in kindergarten and at each grade level for all elementary schools, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school, reported for each school district and for this State as a whole.

      (k) The total number of persons employed by each school district in this State, including without limitation, each charter school in the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of a school district as a professional-technical employee.

             (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of a school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of a school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

 


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                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (l) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, information on the professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, in this State that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (m) The total expenditure per pupil for each school district in this State, including, without limitation, each charter school in the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

 


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      (n) The total statewide expenditure per pupil. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (o) For all elementary schools, junior high schools and middle schools, the rate of attendance, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (p) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (q) The attendance of teachers who provide instruction, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (r) Incidents involving weapons or violence, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (s) Incidents involving the use or possession of alcoholic beverages or controlled substances, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (t) The suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (u) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (v) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (w) The transiency rate of pupils, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole. For the purposes of this paragraph, a pupil is not a transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (x) Each source of funding for this State to be used for the system of public education.

      (y) A compilation of the programs of remedial study purchased in whole or in part with money received from this State that are used in each school district, including, without limitation, each charter school in the district. The compilation must include:

 


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             (1) The amount and sources of money received for programs of remedial study.

             (2) An identification of each program of remedial study, listed by subject area.

      (z) The percentage of pupils who graduated from a high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (aa) The technological facilities and equipment available for educational purposes, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (bb) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who received:

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (cc) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (dd) The number of habitual truants who are reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

      (ee) Information on the paraprofessionals employed at public schools in this State, including, without limitation, the charter schools in this State. The information must include:

             (1) The number of paraprofessionals employed, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole; and

             (2) For each school district, including, without limitation, each charter school in the district, and for this State as a whole, the number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in programs supported with Title I money and to paraprofessionals who are not employed in programs supported with Title I money.

      (ff) An identification of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

 


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      (gg) A compilation of the special programs available for pupils at individual schools, listed by school and by school district, including, without limitation, each charter school in the district.

      (hh) For each school district, including, without limitation, each charter school in the district and for this State as a whole, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      (ii) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, reported for each school district, including, without limitation, each charter school in the district, and for the State as a whole.

      (jj) For each high school in each school district, including, without limitation, each charter school that operates as a high school, and for the high schools in this State as a whole:

            (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The [State Board] Department shall [prescribe a] use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) [Comply with 20 U.S.C. § 6311(h)(1) and the regulations adopted pursuant thereto;

 


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      (b)] Be prepared in a concise manner; and

      [(c)](b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

             (4) Board of Regents of the University of Nevada;

             (5) Board of trustees of each school district; and

             (6) Governing body of each charter school.

      5.  Upon the request of the Governor, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      6.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 5. NRS 385.34691 is hereby amended to read as follows:

      385.34691  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391.512;

             (5) The Bureau; and

             (6) Other persons who the State Board determines are appropriate.

      2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

 


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      (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3469 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in [paragraph (b) of subsection 1 of NRS 385.361;] the statewide system of accountability for public schools;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school districts;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

      (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

             (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

             (2) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive; and

             (3) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

      (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      (g) A timeline for carrying out the plan, including, without limitation:

             (1) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to subsection 3; and

             (2) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

 


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      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (l) A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

             (1) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to this section; and

             (2) Designed to track the progress made in achieving the strategic goals established by the Department.

      (m) Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

      3.  The State Board shall:

      (a) In developing the plan to improve the achievement of pupils enrolled in public schools, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

             (1) Improving proficiency results in core academic subjects;

             (2) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

             (3) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

             (4) Improving the performance of pupils on standardized college entrance examinations;

             (5) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

             (6) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

      (b) Review the plan annually to evaluate the effectiveness of the plan;

 


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ê2013 Statutes of Nevada, Page 1903 (Chapter 365, AB 460)ê

 

      (c) Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained; and

      (d) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

             (1) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

             (2) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State.

      4.  On or before January 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

      (d) Board of Regents of the University of Nevada;

      (e) Council to Establish Academic Standards for Public Schools created by NRS 389.510;

      (f) Board of trustees of each school district; and

      (g) Governing body of each charter school.

      Sec. 6. NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by subsection 2 for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before September 30 of each year, prepare an annual report of accountability concerning:

      (a) The educational goals and objectives of the school district.

      (b) Pupil achievement for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The board of trustees of the district shall base its report on the results of the examinations administered pursuant to NRS 389.015 and 389.550 and shall compare the results of those examinations for the current school year with those of previous school years. The report must include, for each school in the district, including, without limitation, each charter school sponsored by the district, and each grade in which the examinations were administered:

             (1) The number of pupils who took the examinations.

             (2) A record of attendance for the period in which the examinations were administered, including an explanation of any difference in the number of pupils who took the examinations and the number of pupils who are enrolled in the school.

             (3) Except as otherwise provided in this paragraph, pupil achievement, reported separately by gender and reported separately for the [following] groups of pupils [:

 


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                   (I) Pupils who are economically disadvantaged, as defined by the State Board;

                   (II) Pupils from major racial and ethnic groups, as defined by the State Board;

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board.] identified in the statewide system of accountability for public schools.

             (4) A comparison of the achievement of pupils in each group identified in [paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.] the statewide system of accountability for public schools with the performance targets established for that group.

             (5) The percentage of pupils who were not tested.

             (6) Except as otherwise provided in this paragraph, the percentage of pupils who were not tested, reported separately by gender and reported separately for the groups identified in [subparagraph (3).] the statewide system of accountability for public schools.

             (7) The most recent 3-year trend in pupil achievement in each subject area tested and each grade level tested pursuant to NRS 389.015 and 389.550, which may include information regarding the trend in the achievement of pupils for more than 3 years, if such information is available.

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools sponsored by the district, with the results of pupils throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

             (9) For each school in the district, including, without limitation, each charter school sponsored by the district, information that compares the results of pupils in the school with the results of pupils throughout the school district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

             (10) Information on whether each school in the district, including, without limitation, each charter school sponsored by the district, has made progress based upon the model adopted by the Department pursuant to NRS 385.3595.

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The [State Board] Department shall [prescribe] use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, and the average class size for each core academic subject, as set forth in NRS 389.018, for each secondary school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

 


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      (d) The total number of persons employed for each elementary school, middle school or junior high school, and high school in the district, including, without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by each school in each category, the report must include the number of employees in each of the three categories for each school expressed as a percentage of the total number of persons employed by the school. As used in this paragraph:

             (1) “Administrator” means a person who spends at least 50 percent of his or her work year supervising other staff or licensed personnel, or both, and who is not classified by the board of trustees of the school district as a professional-technical employee.

            (2) “Other staff” means all persons who are not reported as administrators or teachers, including, without limitation:

                   (I) School counselors, school nurses and other employees who spend at least 50 percent of their work year providing emotional support, noninstructional guidance or medical support to pupils;

                   (II) Noninstructional support staff, including, without limitation, janitors, school police officers and maintenance staff; and

                   (III) Persons classified by the board of trustees of the school district as professional-technical employees, including, without limitation, technical employees and employees on the professional-technical pay scale.

             (3) “Teacher” means a person licensed pursuant to chapter 391 of NRS who is classified by the board of trustees of the school district:

                   (I) As a teacher and who spends at least 50 percent of his or her work year providing instruction or discipline to pupils; or

                   (II) As instructional support staff, who does not hold a supervisory position and who spends not more than 50 percent of his or her work year providing instruction to pupils. Such instructional support staff includes, without limitation, librarians and persons who provide instructional support.

      (e) The total number of persons employed by the school district, including without limitation, each charter school sponsored by the district. Each such person must be reported as either an administrator, a teacher or other staff and must not be reported in more than one category. In addition to the total number of persons employed by the school district in each category, the report must include the number of employees in each of the three categories expressed as a percentage of the total number of persons employed by the school district. As used in this paragraph, “administrator,” “other staff” and “teacher” have the meanings ascribed to them in paragraph (d).

      (f) Information on the professional qualifications of teachers employed by each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The information must include, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

                   (II) Providing instruction pursuant to a waiver of the requirements for licensure for the grade level or subject area in which the teachers are employed; or

                   (III) Otherwise providing instruction without an endorsement for the subject area in which the teachers are employed;

 


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             (2) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers;

             (3) The percentage of classes in the core academic subjects, as set forth in NRS 389.018, that are not taught by highly qualified teachers, in the aggregate and disaggregated by high-poverty compared to low-poverty schools, which for the purposes of this subparagraph means schools in the top quartile of poverty and the bottom quartile of poverty in this State;

             (4) For each middle school, junior high school and high school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level and subject area; and

             (5) For each elementary school:

                   (I) The number of persons employed as substitute teachers for 20 consecutive days or more in the same classroom or assignment, designated as long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level; and

                   (II) The number of persons employed as substitute teachers for less than 20 consecutive days, designated as short-term substitute teachers, including the total number of days short-term substitute teachers were employed at each school, identified by grade level.

      (g) The total expenditure per pupil for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school district shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school district shall use its own financial analysis program in complying with this paragraph.

      (h) The curriculum used by the school district, including:

             (1) Any special programs for pupils at an individual school; and

             (2) The curriculum used by each charter school sponsored by the district.

      (i) Records of the attendance and truancy of pupils in all grades, including, without limitation:

             (1) The average daily attendance of pupils, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) For each elementary school, middle school and junior high school in the district, including, without limitation, each charter school sponsored by the district that provides instruction to pupils enrolled in a grade level other than high school, information that compares the attendance of the pupils enrolled in the school with the attendance of pupils throughout the district and throughout this State. The information required by this subparagraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

 


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      (j) The annual rate of pupils who drop out of school in grade 8 and a separate reporting of the annual rate of pupils who drop out of school in grades 9 to 12, inclusive, for each such grade, for each school in the district and for the district as a whole. The reporting for pupils in grades 9 to 12, inclusive, excludes pupils who:

             (1) Provide proof to the school district of successful completion of the examinations of general educational development.

             (2) Are enrolled in courses that are approved by the Department as meeting the requirements for an adult standard diploma.

             (3) Withdraw from school to attend another school.

      (k) Records of attendance of teachers who provide instruction, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (l) Efforts made by the school district and by each school in the district, including, without limitation, each charter school sponsored by the district, to increase:

             (1) Communication with the parents of pupils enrolled in the district;

             (2) The participation of parents in the educational process and activities relating to the school district and each school, including, without limitation, the existence of parent organizations and school advisory committees; and

             (3) The involvement of parents and the engagement of families of pupils enrolled in the district in the education of their children.

      (m) Records of incidents involving weapons or violence for each school in the district, including, without limitation, each charter school sponsored by the district.

      (n) Records of incidents involving the use or possession of alcoholic beverages or controlled substances for each school in the district, including, without limitation, each charter school sponsored by the district.

      (o) Records of the suspension and expulsion of pupils required or authorized pursuant to NRS 392.466 and 392.467.

      (p) The number of pupils who are deemed habitual disciplinary problems pursuant to NRS 392.4655, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (q) The number of pupils in each grade who are retained in the same grade pursuant to NRS 392.033 or 392.125, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      (r) The transiency rate of pupils for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. For the purposes of this paragraph, a pupil is not transient if the pupil is transferred to a different school within the school district as a result of a change in the zone of attendance by the board of trustees of the school district pursuant to NRS 388.040.

      (s) Each source of funding for the school district.

      (t) A compilation of the programs of remedial study that are purchased in whole or in part with money received from this State, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district. The compilation must include:

 


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             (1) The amount and sources of money received for programs of remedial study for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

             (2) An identification of each program of remedial study, listed by subject area.

      (u) For each high school in the district, including, without limitation, each charter school sponsored by the district, the percentage of pupils who graduated from that high school or charter school in the immediately preceding year and enrolled in remedial courses in reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education.

      (v) The technological facilities and equipment available at each school, including, without limitation, each charter school sponsored by the district, and the district’s plan to incorporate educational technology at each school.

      (w) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who received:

             (1) A standard high school diploma, reported separately for pupils who received the diploma pursuant to:

                   (I) Paragraph (a) of subsection 1 of NRS 389.805; and

                   (II) Paragraph (b) of subsection 1 of NRS 389.805.

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

      (x) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, the number and percentage of pupils who failed to pass the high school proficiency examination.

      (y) The number of habitual truants who are reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 and the number of habitual truants who are referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144, for each school in the district and for the district as a whole.

      (z) The amount and sources of money received for the training and professional development of teachers and other educational personnel for each school in the district and for the district as a whole, including, without limitation, each charter school sponsored by the district.

      (aa) [Whether the school district has made adequate yearly progress. If the school district has been designated as demonstrating need for improvement pursuant to NRS 385.377, the report must include a statement indicating the number of consecutive years the school district has carried that designation.

      (bb) Information on whether] The rating of each public school in the district, including, without limitation, each charter school sponsored by the district, [has made adequate yearly progress, including, without limitation:

             (1) The number and percentage of schools in the district, if any, that have been designated as needing improvement pursuant to NRS 385.3623; and

             (2) The name of each school, if any, in the district that has been designated as needing improvement pursuant to NRS 385.3623 and the number of consecutive years that the school has carried that designation.

 


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      (cc)]pursuant to the statewide system of accountability for public schools.

      (bb) Information on the paraprofessionals employed by each public school in the district, including, without limitation, each charter school sponsored by the district. The information must include:

             (1) The number of paraprofessionals employed at the school; and

             (2) The number and percentage of all paraprofessionals who do not satisfy the qualifications set forth in 20 U.S.C. § 6319(c). The reporting requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

      [(dd)](cc) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, information that provides a comparison of the rate of graduation of pupils enrolled in the high school with the rate of graduation of pupils throughout the district and throughout this State. The information required by this paragraph must be provided in consultation with the Department to ensure the accuracy of the comparison.

      [(ee)](dd) An identification of the appropriations made by the Legislature that are available to the school district or the schools within the district and programs approved by the Legislature to improve the academic achievement of pupils.

      [(ff)](ee) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information on pupils enrolled in career and technical education, including, without limitation:

             (1) The number of pupils enrolled in a course of career and technical education;

             (2) The number of pupils who completed a course of career and technical education;

             (3) The average daily attendance of pupils who are enrolled in a program of career and technical education;

             (4) The annual rate of pupils who dropped out of school and were enrolled in a program of career and technical education before dropping out;

             (5) The number and percentage of pupils who completed a program of career and technical education and who received a standard high school diploma, an adjusted diploma or a certificate of attendance; and

             (6) The number and percentage of pupils who completed a program of career and technical education and who did not receive a high school diploma because the pupils failed to pass the high school proficiency examination.

      [(gg)](ff) The number of incidents resulting in suspension or expulsion for bullying, cyber-bullying, harassment or intimidation, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district.

      [(hh)](gg) For each high school in the district, including, without limitation, each charter school sponsored by the district that operates as a high school, and for high schools in the district as a whole:

             (1) The number and percentage of pupils whose violations of the code of honor relating to cheating prescribed pursuant to NRS 392.461 or any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

 


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any other code of honor applicable to pupils enrolled in high school were reported to the principal of the high school, reported by the type of violation;

             (2) The consequences, if any, to the pupil whose violation is reported pursuant to subparagraph (1), reported by the type of consequence;

             (3) The number of any such violations of a code of honor in a previous school year by a pupil whose violation is reported pursuant to subparagraph (1), reported by the type of violation; and

             (4) The process used by the high school to address violations of a code of honor which are reported to the principal.

      (hh) Such other information as is directed by the Superintendent of Public Instruction.

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in paragraphs (a) to (hh), inclusive, of subsection 2, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section [in the manner set forth in 20 U.S.C. § 6311(h)(2)(E)] by posting a copy of the report on the Internet website maintained by the Department.

      4.  The records of attendance maintained by a school for purposes of paragraph (k) of subsection 2 or maintained by a charter school for purposes of the reporting required pursuant to subsection 3 must include the number of teachers who are in attendance at school and the number of teachers who are absent from school. A teacher shall be deemed in attendance if the teacher is excused from being present in the classroom by the school in which the teacher is employed for one of the following reasons:

      (a) Acquisition of knowledge or skills relating to the professional development of the teacher; or

      (b) Assignment of the teacher to perform duties for cocurricular or extracurricular activities of pupils.

      5.  The annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, must [:

      (a) Comply with 20 U.S.C. § 6311(h)(2) and the regulations adopted pursuant thereto; and

      (b) Be] be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      6.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to subsections 2 and 3 and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

 


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      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      8.  On or before September 30 of each year:

      (a) The board of trustees of each school district shall submit to each advisory board to review school attendance created in the county pursuant to NRS 392.126 the information required in paragraph (i) of subsection 2.

      (b) The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall submit to each advisory board to review school attendance created in a county pursuant to NRS 392.126 the information regarding the records of the attendance and truancy of pupils enrolled in the charter school located in that county, if any, in accordance with the regulations prescribed by the Department pursuant to subsection 3.

      9.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to subsection 2 or 3, as applicable, is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, [in the manner set forth in 20 U.S.C. § 6311(h)(2)(E)] by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any.

 


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maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      10.  Upon the request of the Governor, an entity described in paragraph (a) of subsection 9 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to subsection 2 or 3, as applicable.

      11.  As used in this section:

      (a) “Bullying” has the meaning ascribed to it in NRS 388.122.

      (b) “Cyber-bullying” has the meaning ascribed to it in NRS 388.123.

      (c) “Harassment” has the meaning ascribed to it in NRS 388.125.

      (d) “Highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      (e) “Intimidation” has the meaning ascribed to it in NRS 388.129.

      (f) “Paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 7. NRS 385.357 is hereby amended to read as follows:

      385.357  1.  [Except as otherwise provided in NRS 385.37603 and 385.37607, the] The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

      (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385.347, as applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils enrolled in the school and identified in [paragraph (b) of subsection 1 of NRS 385.361 who are enrolled in the school will make adequate yearly progress and meet the minimum level of proficiency prescribed by the State Board.] the statewide system of accountability for public schools will meet the performance targets established for that group.

      (e) Annual measurable objectives [,] and performance targets, consistent with the annual measurable objectives and performance targets established [by the State Board pursuant to NRS 385.361,] pursuant to the statewide system of accountability for public schools, for the continuous and substantial progress by each group of pupils identified in [paragraph (b) of subsection 1 of that section] the statewide system of accountability for public schools who are enrolled in the school to ensure that each group will [make adequate yearly progress and meet the level of proficiency prescribed by the State Board.]

 


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established [by the State Board pursuant to NRS 385.361,] pursuant to the statewide system of accountability for public schools, for the continuous and substantial progress by each group of pupils identified in [paragraph (b) of subsection 1 of that section] the statewide system of accountability for public schools who are enrolled in the school to ensure that each group will [make adequate yearly progress and meet the level of proficiency prescribed by the State Board.] meet the performance targets established for that group.

      (f) Strategies and practices which:

             (1) Are consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children; and

             (2) Are designed to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to NRS 385.635.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.015 and 389.550; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in [paragraph (b) of subsection 1 of NRS 385.361;] the statewide system of accountability for public schools;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

 


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      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (p) A budget of the overall cost for carrying out the plan.

      3.  [In addition to the requirements of subsection 2, if a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623, the plan must comply with 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto.

      4.  Except as otherwise provided in subsection 5, the] The principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      [5.  If a school has been designated as demonstrating need for improvement pursuant to NRS 385.3623 and a support team has been established for the school, the support team shall review the plan and make revisions to the most recent plan for improvement of the school pursuant to NRS 385.36127. If the school is a Title I school that has been designated as demonstrating need for improvement, the support team established for the school shall, in making revisions to the plan, work in consultation with parents and guardians of pupils enrolled in the school and, to the extent deemed appropriate by the entity responsible for creating the support team, outside experts.

      6.]4.  On or before December 15 of each year, the principal of each school [or the support team established for the school, as applicable,] shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      [7.]5.  If a Title I school is [designated as demonstrating need for improvement pursuant to NRS 385.3623,] rated as underperforming pursuant to the statewide system of accountability for public schools, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto.

 


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pursuant to the statewide system of accountability for public schools, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      [8.]6.  If a school is [designated as demonstrating exemplary achievement, high achievement or adequate achievement,] rated as meeting the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools, or if a school that is not a Title I school is [designated as demonstrating need for improvement,] rated as underperforming pursuant to the statewide accountability system for public schools, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

      [9.]7.  On or before January 31 of each year, the principal of each school [or the support team established for the school, as applicable,] shall submit the final plan or the final revised plan, as applicable, to the:

      (a) Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d) Department;

      (e) Committee;

      (f) Bureau; and

      (g) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      [10.]8.  A plan for the improvement of a school must be carried out expeditiously, but not later than February 15 after approval of the plan pursuant to subsection [7 or 8,] 5 or 6, as applicable.

      Sec. 8. NRS 385.3612 is hereby amended to read as follows:

      385.3612  1.  The State Board shall adopt regulations that prescribe, consistent with 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, the manner in which pupils enrolled in:

      (a) A program of distance education pursuant to NRS 388.820 to 388.874, inclusive;

      (b) An alternative program for the education of pupils at risk of dropping out of school pursuant to NRS 388.537; or

      (c) A program of education that:

             (1) Primarily serves pupils with disabilities; or

             (2) Is operated within a:

                   (I) Local, regional or state facility for the detention of children;

 


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                   (II) Juvenile forestry camp;

                   (III) Child welfare agency; or

                   (IV) Correctional institution,

Ê will be included within the statewide system of accountability set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [.] , and section 1 of this act.

      2.  The regulations adopted pursuant to subsection 1 must also set forth the manner in which:

      (a) The progress of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 will be accounted for within the statewide system of accountability; and

      (b) The results of pupils enrolled in a program of distance education, an alternative program or a program of education described in subsection 1 on the examinations administered pursuant to NRS 389.015 and 389.550 will be reported.

      Sec. 9. NRS 385.3613 is hereby amended to read as follows:

      385.3613  1.  [Except as otherwise provided in subsection 2, on] On or before July 31 of each year, the Department shall determine whether each public school is [making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.] meeting the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  [On or before July 31 of each year, the Department shall determine whether each public school that operates on a schedule other than a traditional 9-month schedule is making adequate yearly progress, as defined by the State Board pursuant to NRS 385.361.

      3.]  The determination pursuant to subsection 1 [or 2, as applicable,] for a public school, including, without limitation, a charter school sponsored by the board of trustees of the school district, must be made in consultation with the board of trustees of the school district in which the public school is located. If a charter school is sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a determination for the charter school in consultation with the State Public Charter School Authority or the institution within the Nevada System of Higher Education that sponsors the charter school, as applicable. The determination made for each school must be based only upon the information and data for those pupils who are enrolled in the school for a full academic year. On or before July 31 of each year, the Department shall transmit:

      (a) Except as otherwise provided in paragraph (b) or (c), the determination made for each public school to the board of trustees of the school district in which the public school is located.

      (b) To the State Public Charter School Authority the determination made for each charter school that is sponsored by the State Public Charter School Authority.

      (c) The determination made for the charter school to the institution that sponsors the charter school if a charter school is sponsored by a college or university within the Nevada System of Higher Education.

      [4.  Except as otherwise provided in this subsection, the Department shall determine that a public school has failed to make adequate yearly progress if any group identified in paragraph (b) of subsection 1 of NRS 385.361 does not satisfy the annual measurable objectives established by the State Board pursuant to that section.

 


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State Board pursuant to that section. To comply with 20 U.S.C. § 6311(b)(2)(I) and the regulations adopted pursuant thereto, the State Board shall prescribe by regulation the conditions under which a school shall be deemed to have made adequate yearly progress even though a group identified in paragraph (b) of subsection 1 of NRS 385.361 did not satisfy the annual measurable objectives of the State Board.

      5.  In addition to the provisions of subsection 4, the Department shall determine that a public school has failed to make adequate yearly progress if:

      (a) The number of pupils enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils enrolled in the school who were required to take the examinations; or

      (b) Except as otherwise provided in subsection 6, for each group of pupils identified in paragraph (b) of subsection 1 of NRS 385.361, the number of pupils in the group enrolled in the school who took the examinations administered pursuant to NRS 389.550 or the high school proficiency examination, as applicable, is less than 95 percent of all pupils in that group enrolled in the school who were required to take the examinations.

      6.]3.  If the number of pupils in a particular group who are enrolled in a public school is insufficient to yield statistically reliable information:

      (a) The Department shall not determine that the school has failed to [make adequate yearly progress pursuant to paragraph (b) of subsection 5] meet the performance targets established pursuant to the statewide system of accountability for public schools based solely upon that particular group.

      (b) The pupils in such a group must be included in the overall count of pupils enrolled in the school who took the examinations.

Ê The [State Board] Department shall [prescribe] use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the number of pupils that must be in a group for that group to yield statistically reliable information.

      [7.]4.  If an irregularity in testing administration or an irregularity in testing security occurs at a school and the irregularity invalidates the test scores of pupils, those test scores must be included in the scores of pupils reported for the school, the attendance of those pupils must be counted towards the total number of pupils who took the examinations and the pupils must be included in the total number of pupils who were required to take the examinations.

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

      (a) “Irregularity in testing administration” has the meaning ascribed to it in NRS 389.604.

      (b) “Irregularity in testing security” has the meaning ascribed to it in NRS 389.608.

      Sec. 10. NRS 385.3622 is hereby amended to read as follows:

      385.3622  If the Department determines that a public school has failed to [make adequate yearly progress pursuant to subsection 5 of NRS 385.3613,] meet the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools, the Department or its designee shall, to the extent money is available, monitor at the school the administration of the examinations that are required pursuant to NRS 389.550 and ensure that all eligible pupils who are in attendance on the day of the administration of the examinations are given an opportunity to take the examinations .

 


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given an opportunity to take the examinations . [until the percentage of pupils who take the examinations is 95 percent or more of all pupils enrolled in the school who are required to take the examinations.]

      Sec. 11. NRS 385.366 is hereby amended to read as follows:

      385.366  1.  Based upon the information received from the Department pursuant to NRS 385.3613, the board of trustees of each school district shall, on or before August 15 of each year, issue a preliminary [designation] rating for each public school in the school district in accordance with the [criteria set forth in NRS 385.3623,] statewide system of accountability for public schools, excluding charter schools sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education. The board of trustees shall make preliminary [designations] ratings for all charter schools that are sponsored by the board of trustees. The Department shall make preliminary [designations] ratings for all charter schools that are sponsored by the State Public Charter School Authority and all charter schools sponsored by a college or university within the Nevada System of Higher Education. [The initial designation of a school as demonstrating need for improvement must be based upon 2 consecutive years of data and information for that school.]

      2.  Before making a final [designation] rating for a school, the board of trustees of the school district or the Department, as applicable, shall provide the school an opportunity to review the data upon which the preliminary [designation] rating is based and to present evidence . [in the manner set forth in 20 U.S.C. § 6316(b)(2) and the regulations adopted pursuant thereto.] If the school is a public school of the school district or a charter school sponsored by the board of trustees, the board of trustees of the school district shall, in consultation with the Department, make a final determination concerning the [designation] rating for the school on September 15. If the school is a charter school sponsored by the State Public Charter School Authority or by a college or university within the Nevada System of Higher Education, the Department shall make a final determination concerning the [designation] rating for the school on September 15.

      3.  On or before September 15 of each year, the Department shall provide written notice of the determinations made pursuant to NRS 385.3613 and the final [designations] ratings made pursuant to this section as follows:

      (a) The determinations and final [designations] ratings made for all schools in this State to the:

             (1) Governor;

             (2) State Board;

             (3) Committee; and

             (4) Bureau.

      (b) The determinations and final [designations] ratings made for all schools within a school district to the:

             (1) Superintendent of schools of the school district; and

             (2) Board of trustees of the school district.

      (c) The determination and final [designation] rating made for each school to the principal of the school.

      (d) The determination and final [designation] rating made for each charter school to the sponsor of the charter school.

 


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      Sec. 12. NRS 385.3785 is hereby amended to read as follows:

      385.3785  1.  The Commission shall:

      (a) Establish a program of educational excellence designed exclusively for pupils enrolled in kindergarten through grade 6 in public schools in this State based upon:

             (1) The plan to improve the achievement of pupils prepared by the State Board pursuant to NRS 385.34691;

             (2) The plan to improve the achievement of pupils prepared by the principal of each school pursuant to NRS 385.357, which may include a program of innovation ; [, the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school;] and

             (3) Any other information that the Commission considers relevant to the development of the program of educational excellence.

      (b) Identify programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      (c) Develop a concise application and simple procedures for the submission of applications by public schools and consortiums of public schools, including, without limitation, charter schools, for participation in a program of educational excellence and for grants of money from the Account. Grants of money must be made for programs designed for the achievement of pupils that are linked to the plan to improve the achievement of pupils or for innovative programs, or both . [, or that are linked to the turnaround plan for the school or the plan for restructuring the school, if applicable, or for innovative programs, or both.] The Commission shall not award a grant of money from the Account for a program to provide full-day kindergarten. All public schools and consortiums of public schools, including, without limitation, charter schools, are eligible to submit such an application . [, regardless of whether the schools have made adequate yearly progress or failed to make adequate yearly progress.] A public school or a consortium of public schools selected for participation may be approved by the Commission for participation for a period not to exceed 2 years, but may reapply.

      (d) Prescribe a long-range timeline for the review, approval and evaluation of applications received from public schools and consortiums of public schools that desire to participate in the program.

      (e) Establish guidelines for the review, evaluation and approval of applications for grants of money from the Account, including, without limitation, consideration of the list of priorities of public schools provided by the Department pursuant to subsection 6. To ensure consistency in the review, evaluation and approval of applications, if the guidelines authorize the review and evaluation of applications by less than the entire membership of the Commission, money must not be allocated from the Account for a grant until the entire membership of the Commission has reviewed and approved the application for the grant.

      (f) Prescribe accountability measures to be carried out by a public school that participates in the program if that public school does not meet the annual measurable objectives [established by the State Board pursuant to NRS 385.361,] and performance targets established pursuant to the statewide system of accountability for public schools, including, without limitation:

 


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             (1) The specific levels of achievement expected of schools that participate; and

             (2) Conditions for schools that do not meet the grant criteria but desire to continue participation in the program and receive money from the Account, including, without limitation, a review of the leadership at the school and recommendations regarding changes to the appropriate body.

      (g) Determine the amount of money that is available from the Account for those public schools and consortiums of public schools that are selected to participate in the program.

      (h) Allocate money to public schools and consortiums of public schools from the Account. Allocations must be distributed not later than September 30 of each year.

      (i) Establish criteria for public schools and consortiums of public schools that participate in the program and receive an allocation of money from the Account to evaluate the effectiveness of the allocation in improving the achievement of pupils, including, without limitation, a detailed analysis of:

             (1) The achievement of pupils enrolled at each school that received money from the allocation based upon measurable criteria identified in [, as applicable, the:

                   (I) Plan] the plan to improve the achievement of pupils for the school prepared pursuant to NRS 385.357;

                   [(II) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

                   (III) Plan for restructuring the school implemented pursuant to NRS 385.37607;]

             (2) If applicable, the effectiveness of the program of innovation on the achievement of pupils and the overall effectiveness for pupils and staff;

             (3) The implementation of the [applicable plans] plan for improvement, including, without limitation, an analysis of whether the school is meeting the measurable objectives identified in the plan; and

             (4) The attainment of measurable progress on the annual list of [adequate yearly progress of school districts and schools.] ratings of schools pursuant to the statewide system of accountability for public schools.

      2.  To the extent money is available, the Commission shall make allocations of money to public schools and consortiums of public schools for effective programs for grades 7 through 12 that are designed to improve the achievement of pupils and effective programs of innovation for pupils. In making such allocations, the Commission shall comply with the requirements of this section.

      3.  An application submitted pursuant to this section must include a written statement which:

      (a) Indicates whether the public school or consortium of public schools is submitting the application for the continuation of an existing program or for the establishment of a new program; and

      (b) Identifies all other sources of money that the public school or consortium of public schools has requested or received for the continuation or establishment of:

             (1) The program for which the application is submitted; or

             (2) A substantially similar program.

      4.  The Commission shall ensure, to the extent practicable, that grants of money provided pursuant to this section reflect the economic and geographic diversity of this State.

 


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      5.  If a public school or consortium of public schools that receives money pursuant to subsection 1 or 2:

      (a) Does not meet the criteria for effectiveness as prescribed in paragraph (i) of subsection 1;

      (b) Does not, as a result of the program for which the grant of money was awarded, show improvement in the achievement of pupils, as determined in an evaluation conducted pursuant to subsection 3 of NRS 385.379; or

      (c) Does not implement the program for which the money was received, as determined in an audit conducted pursuant to subsection 4 of NRS 385.3789 or an evaluation conducted pursuant to subsection 3 of NRS 385.379,

Ê over a 2-year period, the Commission may consider not awarding future allocations of money to that public school or consortium of public schools.

      6.  On or before August 15 of each year, the Department shall provide a list of priorities of public schools that indicates:

      (a) The [adequate yearly progress status] ratings of schools pursuant to the statewide system of accountability for public schools in the immediately preceding year; and

      (b) The public schools that are considered Title I eligible by the Department based upon the poverty level of the pupils enrolled in a school in comparison to the poverty level of the pupils in the school district as a whole,

Ê for consideration by the Commission in its development of procedures for the applications.

      7.  A public school, including, without limitation, a charter school, or a consortium of public schools may request assistance from the school district in which the school is located in preparing an application for a grant of money pursuant to this section. A school district shall assist each public school or consortium of public schools that requests assistance pursuant to this subsection to ensure that the application of the school:

      (a) Is based directly upon [, as applicable, the:

             (1) Plan] the plan to improve the achievement of pupils prepared for the school pursuant to NRS 385.357;

             [(2) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

             (3) Plan for restructuring the school implemented pursuant to NRS 385.37607;]

      (b) Is developed in accordance with the criteria established by the Commission; and

      (c) Is complete and complies with all technical requirements for the submission of an application.

Ê A school district may make recommendations to the individual schools and consortiums of public schools. Such schools and consortiums of public schools are not required to follow the recommendations of a school district.

      8.  In carrying out the requirements of this section, the Commission shall review and consider the [programs of remedial study adopted by the Department pursuant to NRS 385.389, the list of approved providers of supplemental educational services maintained by the Department pursuant to NRS 385.384 and the] recommendations submitted by the Committee pursuant to NRS 218E.615 concerning programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

 


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      9.  [The Commission shall not award a grant of money from the Account for a program of remedial study that is available commercially unless that program has been adopted by the Department pursuant to NRS 385.389.

      10.]  If a consortium of public schools is formed for the purpose of submitting an application pursuant to this section, the public schools within the consortium do not need to be located within the same school district.

      Sec. 13. NRS 385.382 is hereby amended to read as follows:

      385.382  [1.]  The Department shall prescribe a form for notice to parents and guardians concerning the [designation] rating of a public school as [demonstrating need for improvement pursuant to NRS 385.3623. For Title I schools, the notice must comply with 20 U.S.C. § 6316(b)(6) and the regulations adopted pursuant thereto.

      2.  The Department shall prescribe a form for notice to parents and guardians pursuant to NRS 385.3772 concerning the designation of a school district as demonstrating need for improvement. For Title I school districts, the notice must comply with 20 U.S.C. § 6316(c)(6) and the regulations adopted pursuant thereto.] underperforming.

      Sec. 14. NRS 386.5515 is hereby amended to read as follows:

      386.5515  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department pursuant to NRS 386.540 contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

      (c) The charter school has met or exceeded [adequate yearly progress as determined pursuant to NRS 385.3613] the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by those annual measurable objectives [determined by the State Board,] and performance targets, for the majority of the years of its operation; and

      (d) At least 75 percent of the pupils enrolled in grade 12 in the charter school in the immediately preceding school year who have completed the required course work for graduation have passed the high school proficiency examination, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the Department pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

 


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      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c) and (d) of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 15. NRS 386.605 is hereby amended to read as follows:

      386.605  [1.]  On or before August 31 of each year, the governing body of a charter school shall submit the information concerning the charter school that is required pursuant to NRS 385.347 to the sponsor of the charter school for inclusion in the report required pursuant to that section. The information must be submitted in a format prescribed by the sponsor of the charter school.

      [2.  The Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625 may authorize a person or entity with whom it contracts pursuant to NRS 385.359 to review and analyze information submitted pursuant to this section and pursuant to NRS 385.357, 385.3745 or 385.3746, whichever is applicable for the school, consult with the sponsors of the charter schools and the governing bodies of charter schools and submit written reports concerning charter schools pursuant to NRS 385.359.]

      Sec. 16. NRS 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.3469 and 385.347; and

             (2) In a separate reporting for each group of pupils identified in [paragraph (b) of subsection 1 of NRS 385.361;] the statewide system of accountability for public schools;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State; and

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the [designation] ratings of schools and , if available, school districts pursuant to [NRS 385.3623 and 385.377, respectively,] the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

 


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districts pursuant to [NRS 385.3623 and 385.377, respectively,] the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. The information must account for at least 50 percent, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher or other employee.

      2.  The board of trustees of each school district shall:

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

      (c) Prescribe the format for the data;

      (d) Prescribe the date by which each school district shall report the data to the Department;

      (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

      (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

 


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limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (i) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

      Sec. 17. NRS 386.725 is hereby amended to read as follows:

      386.725  1.  The board of trustees of a school district that participates in the Program of Empowerment Schools may establish policies and procedures for public schools within the school district that wish to convert to empowerment schools which may provide for:

      (a) The process by which a public school may convert to an empowerment school, including, without limitation, the development of an empowerment plan for the school in accordance with NRS 386.740;

      (b) Autonomy for the principal of each empowerment school to decide issues relating to the operation of the school, including, without limitation, the school schedule, governance, incentives for employees, staffing, budgeting and the provision of instruction;

      (c) The opportunity for empowerment schools within the school district to offer an alternative schedule, including, without limitation, a longer school day or a longer school year, or both, and to offer school during the summer; and

      (d) Other matters as deemed necessary by the board of trustees.

      2.  The board of trustees of a school district that participates in the Program of Empowerment Schools shall adopt policies and procedures which provide for:

      (a) Accountability measures designed to ensure that pupils enrolled in an empowerment school are achieving certain goals and standards relating to academic achievement;

      (b) The process for the selection of empowerment schools and the approval of empowerment plans for those schools;

      (c) The process for renewal of empowerment plans;

      (d) The criteria for revocation of an empowerment plan for a school and the procedure for revocation; and

 


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      (e) The time period for which empowerment plans will be approved.

      3.  A school district that participates in the Program of Empowerment Schools shall provide a process for a pupil who resides in the school district to attend:

      (a) An empowerment school regardless of the school which the pupil is otherwise zoned to attend.

      (b) A school that is not an empowerment school if the pupil is zoned to attend a school that converts to an empowerment school.

[Ê The board of trustees of a school district must comply with the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq., when establishing provisions relating to school choice pursuant to this subsection.]

      4.  An empowerment school shall:

      (a) Enroll first the pupils who are zoned to attend that school.

      (b) After the enrollment of pupils pursuant to paragraph (a), if the school has space available, enroll pupils who are not otherwise zoned to attend the school on the basis of a lottery system.

      5.  A school district is not required to provide transportation to a pupil who attends a public school which the pupil is not otherwise zoned to attend.

      6.  A school district that participates in the Program of Empowerment Schools shall provide a procedure for an empowerment school to obtain a waiver from the requirements and regulations of the board of trustees of the school district. The board of trustees may not waive:

      (a) The requirements of a state or federal law or regulation.

      (b) A policy or requirement relating to safety, including, without limitation, hiring security personnel and following procedures designed to ensure the safety of the school, the personnel employed at the school and the pupils.

      Sec. 18. NRS 386.730 is hereby amended to read as follows:

      386.730  1.  Except as otherwise provided in subsection 2, the principal of a public school within a school district that participates in the Program of Empowerment Schools who wishes to convert to an empowerment school shall:

      (a) Establish an empowerment team for the school; and

      (b) Develop an empowerment plan for the school in consultation with [:

             (1) The] the empowerment team . [; and

             (2) The school support team, if a school support team has been established for the school in accordance with the regulations of the State Board adopted pursuant to NRS 385.361.]

      2.  The principal of a public school located in a county whose population is less than 100,000 may develop an empowerment plan for the school without establishing or consulting with an empowerment team. [If a school support team has been established for the school, the principal shall develop the empowerment plan in consultation with the school support team.] If an empowerment team has not been established pursuant to the exception provided in this subsection, the principal of the school shall carry out the responsibilities and duties otherwise assigned to an empowerment team pursuant to NRS 386.700 to 386.780, inclusive.

      3.  An empowerment team for a school must consist of the following persons:

 

 


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      (a) The principal of the school;

      (b) At least two but not more than four teachers and other licensed educational personnel who are employed at the school, selected by a recognized employee organization that represents licensed educational personnel within the school district;

      (c) At least two but not more than four employees, other than teachers and other licensed educational personnel, who are employed at the school, selected by an organization that represents those employees;

      (d) At least two but not more than four parents and legal guardians of pupils enrolled in the school, selected by an association of parents established for the school;

      (e) At least two but not more than four representatives of the community or businesses within the community; and

      (f) [The facilitator of the school support team, if a school support team has been established for the school pursuant to regulations adopted by the State Board pursuant to NRS 385.361; and

      (g)] Such other persons as may be necessary to meet the requirements set forth in subsection 4.

      4.  Of the total number of members on an empowerment team for a school:

      (a) At least one member must have 5 years or more of experience in school finance;

      (b) At least one member must have 5 years or more of experience in school administration or human resources;

      (c) At least one member must have 5 years or more of experience in overseeing the academic programs and curriculum for a public school; and

      (d) At least one member must have 5 years or more of experience in the collection and analysis of data.

Ê The provisions of this subsection do not require the appointment of four persons if one, two or three such persons satisfy the qualifications.

      5.  A charter school that wishes to participate in the Program of Empowerment Schools shall comply with the provisions of NRS 386.700 to 386.780, inclusive. If a charter school is approved as an empowerment school, the charter school does not forfeit its status as a charter school.

      Sec. 19. NRS 386.740 is hereby amended to read as follows:

      386.740  1.  Each empowerment plan for a school must:

      (a) Set forth the manner by which the school will be governed;

      (b) Set forth the proposed budget for the school, including, without limitation, the cost of carrying out the empowerment plan, and the manner by which the money apportioned to the school will be administered;

      (c) [If a school support team has been established for the school in accordance with the regulations of the State Board adopted pursuant to NRS 385.361, require the principal and the empowerment team for the school to work in consultation with the school support team;

      (d)] Prescribe the academic plan for the school, including, without limitation, the manner by which courses of study will be provided to the pupils enrolled in the school and any special programs that will be offered for pupils;

      [(e)](d) Prescribe the manner by which the achievement of pupils will be measured and reported for the school, including, without limitation, the results of the pupils on the examinations administered pursuant to NRS 389.015 and 389.550;

 


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      [(f)](e) Prescribe the manner by which teachers and other licensed educational personnel will be selected and hired for the school, which must be determined and negotiated pursuant to chapter 288 of NRS;

      [(g)](f) Prescribe the manner by which all other staff for the school will be selected and hired, which must be determined and negotiated pursuant to chapter 288 of NRS;

      [(h)](g) Indicate whether the empowerment plan will offer an incentive pay structure for staff and a description of that pay structure, if applicable;

      [(i)](h) Indicate the intended ratio of pupils to teachers at the school, designated by grade level, which must comply with NRS 388.700 or 388.720, as applicable;

      [(j)](i) Provide a description of the professional development that will be offered to the teachers and other licensed educational personnel employed at the school;

      [(k)](j) Prescribe the manner by which the empowerment plan will increase the involvement of parents and legal guardians of pupils enrolled in the school;

      [(l)](k) Comply with the plan to improve the achievement of the pupils enrolled in the school prepared pursuant to NRS 385.357 ; [, the turnaround plan for the school implemented pursuant to NRS 385.37603 or the plan for restructuring the school implemented pursuant to NRS 385.37607, whichever is applicable for the school;

      (m)](l) Address the specific educational needs and concerns of the pupils who are enrolled in the school; and

      [(n)](m) Set forth the calendar and schedule for the school.

      2.  If the empowerment plan includes an incentive pay structure, that pay structure must:

      (a) Provide an incentive for all staff employed at the school;

      (b) Set forth the standards that must be achieved by the pupils enrolled in the school and any other measurable objectives that must be met to be eligible for incentive pay; and

      (c) Be in addition to the salary or hourly rate of pay negotiated pursuant to chapter 288 of NRS that is otherwise payable to the employee.

      3.  An empowerment plan may:

      (a) Request a waiver from a statute contained in this title or a regulation of the State Board or the Department.

      (b) Identify the services of the school district which the school wishes to receive, including, without limitation, professional development, transportation, food services and discretionary services. Upon approval of the empowerment plan, the school district may deduct from the total apportionment to the empowerment school the costs of such services.

      4.  For purposes of determining the budget pursuant to paragraph (b) of subsection 1, if a public school which converts to an empowerment school is a:

      (a) Charter school, the amount of the budget is the amount equal to the apportionments and allowances from the State Distributive School Account pursuant to NRS 387.121 to 387.126, inclusive, and its proportionate share of any other money available from federal, state or local sources that the school or the pupils enrolled in the school are eligible to receive.

      (b) Public school, other than a charter school, the empowerment team for the school shall have discretion of 90 percent of the amount of money from the state financial aid and local funds that the school district apportions for the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

 


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the school, without regard to any line-item specifications or specific uses determined advisable by the school district, unless the empowerment team determines that a lesser amount is necessary to carry out the empowerment plan.

      Sec. 20. NRS 388.846 is hereby amended to read as follows:

      388.846  1.  If the board of trustees of a school district provides a program of distance education, the board of trustees shall ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the school district, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [;] , and section 1 of this act;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      2.  If the governing body of a charter school provides a program of distance education, the governing body shall:

      (a) For each pupil who is enrolled in the program, provide written notice to the board of trustees of the school district in which the pupil resides of the type of educational services that will be provided to the pupil through the program. The written notice must be provided to the board of trustees before the pupil receives educational services through the program of distance education.

      (b) Ensure that the persons who operate the program on a day-to-day basis comply with and carry out all applicable requirements, statutes, regulations, rules and policies of the charter school, including, without limitation:

             (1) Graduation requirements;

             (2) Accountability of public schools, as set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [;] , and section 1 of this act;

             (3) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

             (4) Discipline of pupils.

      Sec. 21. NRS 388.862 is hereby amended to read as follows:

      388.862  1.  If a pupil is enrolled full-time in a program of distance education provided by the board of trustees of a school district, the board of trustees that provides the program shall declare for each such pupil one public school within that school district with which the pupil is affiliated. The board of trustees may declare that all the pupils enrolled in the program of distance education are affiliated with one public school within the school district, or it may declare individual public schools for the pupils enrolled in the program. Upon the declared affiliation, the pupil shall be deemed enrolled in that public school for purposes of all the applicable requirements, statutes, regulations, rules and policies of that public school and school district, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [;] , and section 1 of this act;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

 


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      2.  A pupil who is enrolled full-time in a program of distance education provided by a charter school shall be deemed enrolled in the charter school. All the applicable requirements, including, without limitation, statutes, regulations, rules and policies of that charter school apply to such a pupil, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [;] , and section 1 of this act;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      3.  If a pupil is enrolled part-time in a program of distance education, all the applicable requirements, statutes, regulations, rules and policies of the public school of the school district in which the pupil is otherwise enrolled or the charter school in which the pupil is otherwise enrolled apply to such a pupil, including, without limitation:

      (a) Graduation requirements;

      (b) Accountability of public schools, as set forth in NRS 385.3455 to [385.391,] 385.3891, inclusive [;] , and section 1 of this act;

      (c) Provisions governing the attendance and truancy of pupils, as set forth in NRS 392.040 to 392.220, inclusive; and

      (d) Discipline of pupils.

      Sec. 22. NRS 389.011 is hereby amended to read as follows:

      389.011  1.  The board of trustees of each school district and the governing body of each charter school shall ensure that each pupil who is limited English proficient and is enrolled in the school district or charter school, as applicable, participates in the achievement and proficiency examinations administered pursuant to this chapter. The State Board shall prescribe reasonable modifications and accommodations that must be used in the administration of an examination to a pupil who is limited English proficient and who is unable to take an examination under regular testing conditions. The results of each pupil who is limited English proficient and who takes an examination with modifications and accommodations must be reported and included within the determination of whether the school [and the school district have made adequate yearly progress.] has met the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The board of trustees of a school district and the governing body of a charter school shall administer to a pupil who is limited English proficient:

      (a) To the extent practicable, examinations in mathematics and science required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows.

      (b) To the extent practicable, examinations in reading required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows if the pupil has attended public schools in the United States for less than 3 consecutive years.

      (c) If the pupil has attended public schools in the United States for 3 consecutive years but less than 5 consecutive years:

             (1) Examinations in reading required by subsection 1 in the English language; or

             (2) Examinations in reading required by subsection 1 in the language most likely to yield accurate and reliable information on what the pupil knows if the board of trustees or the governing body, as applicable, determines that the pupil has not reached a level of English proficiency sufficient to yield valid and reliable information on what the pupil knows.

 


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knows if the board of trustees or the governing body, as applicable, determines that the pupil has not reached a level of English proficiency sufficient to yield valid and reliable information on what the pupil knows. The board of trustees or the governing body of a charter school, as applicable, may grant exceptions for a particular pupil pursuant to this subparagraph, on a case-by-case basis, for a period not longer than 2 consecutive years.

      (d) If the pupil has attended public schools in the United States for 5 consecutive years or more, examinations in reading required by subsection 1 in the English language.

      3.  The State Board shall prescribe an assessment of proficiency in the English language for pupils who are limited English proficient to measure oral language skills, comprehension skills, reading skills and writing skills. The board of trustees of each school district and the governing body of each charter school shall administer the assessment annually at the time prescribed by the State Board. A pupil who takes the assessment prescribed pursuant to this subsection is not exempt from the achievement and proficiency examinations administered pursuant to this chapter.

      Sec. 23. NRS 389.0115 is hereby amended to read as follows:

      389.0115  1.  If a pupil with a disability is unable to take an examination administered pursuant to NRS 389.015 or 389.550 under regular testing conditions, the pupil may take the examination with modifications and accommodations that the pupil’s individualized education program team determines, in consultation with the Department and in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., are necessary to measure the progress of the pupil. If modifications or accommodations are made in the administration of an examination for a pupil with a disability, the modifications or accommodations must be set forth in the pupil’s individualized education program. The results of each pupil with a disability who takes an examination with modifications or accommodations must be reported and must be included in the determination of whether the school [and the school district have made adequate yearly progress.] has met the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools.

      2.  The State Board shall prescribe an alternate examination for administration to a pupil with a disability if the pupil’s individualized education program team determines, in consultation with the Department, that the pupil cannot participate in all or a portion of an examination administered pursuant to NRS 389.015 or 389.550 even with modifications and accommodations.

      3.  The State Board shall prescribe, in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., the modifications and accommodations that must be used in the administration of an examination to a pupil with a disability who is unable to take the examination under regular testing conditions.

      4.  As used in this section:

      (a) “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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      (b) “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      Sec. 24. NRS 391.098 is hereby amended to read as follows:

      391.098  1.  If a pupil enrolled in a Title I school or a school that is [designated as needing improvement pursuant to NRS 385.3623:] rated as underperforming pursuant to the statewide system of accountability for public schools:

      (a) Is assigned to a teacher, as the pupil’s regular classroom teacher, who is not highly qualified; or

      (b) Has been taught for 4 consecutive weeks or more by a teacher who is not the pupil’s regular classroom teacher and who is not highly qualified,

Ê the principal of the school or the administrative head of the charter school, as applicable, shall provide notice of that fact to the parent or legal guardian of the pupil.

      2.  The State Board shall prescribe the date on which the notice required by subsection 1 must be provided. The notice must be provided in a uniform and understandable format and, to the extent practicable, in a language that parents and guardians can understand.

      3.  As used in this section, “highly qualified” has the meaning ascribed to it in 20 U.S.C. § 7801(23).

      Sec. 25. NRS 391.125 is hereby amended to read as follows:

      391.125  1.  If the board of trustees of a school district determines that a shortage of teachers exists within the school district in a particular subject area, the board of trustees may submit a written request to the Superintendent of Public Instruction to employ persons who are licensed teachers but who do not hold an endorsement to teach in the subject area for which there is a shortage of teachers at a public school within the school district that is not [designated as demonstrating need for improvement pursuant to NRS 385.3623.] rated as underperforming pursuant to the statewide system of accountability for public schools. The Superintendent of Public Instruction may grant such a request if the Superintendent determines that a shortage of teachers exists in the subject area. If the Superintendent of Public Instruction grants a request pursuant to this subsection, a person who holds a license to teach but not an endorsement in the subject area for which the request was granted may be employed by the school district for not more than 2 school years to teach in that subject area at a public school within the school district that is not [designated as needing improvement pursuant to NRS 385.3623.] rated as underperforming pursuant to the statewide system of accountability for public schools.

      2.  If the Superintendent of Public Instruction grants a request pursuant to subsection 1, the Superintendent shall submit a written report to the Commission that includes the name of the school district for which the request was granted and the subject area for which the request was granted. Upon receipt of such a report, the Commission shall consider whether to adopt revisions to the requirements for an endorsement in that subject area to address the shortage of teachers.

      Sec. 26. NRS 391.298 is hereby amended to read as follows:

      391.298  If the board of trustees of a school district or the superintendent of schools of a school district schedules a day or days for the professional development of teachers or administrators employed by the school district:

 


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      1.  The primary focus of that scheduled professional development must be to improve the achievement of the pupils enrolled in the school district, as set forth in the [:

      (a) Plan] plan to improve the achievement of pupils prepared pursuant to NRS 385.357 . [;

      (b) Turnaround plan for the school implemented pursuant to NRS 385.37603; or

      (c) Plan for restructuring the school implemented pursuant to NRS 385.37607,

Ê as applicable.]

      2.  The scheduled professional development must be structured so that teachers attend professional development that is designed for the specific subject areas or grades taught by those teachers.

      Sec. 27. NRS 391.540 is hereby amended to read as follows:

      391.540  1.  The governing body of each regional training program shall:

      (a) Adopt a training model, taking into consideration other model programs, including, without limitation, the program used by the Geographic Alliance in Nevada.

      (b) Assess the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program and adopt priorities of training for the program based upon the assessment of needs. The board of trustees of each such school district may submit recommendations to the appropriate governing body for the types of training that should be offered by the regional training program.

      (c) In making the assessment required by paragraph (b) and as deemed necessary by the governing body, review the [:

             (1) Plans] plans to improve the achievement of pupils prepared pursuant to NRS 385.357 [;

             (2) Turnaround plans for schools implemented pursuant to NRS 385.37603; and

             (3) Plans for restructuring schools implemented pursuant to NRS 385.37607,

Ê] for individual schools within the primary jurisdiction of the regional training program.

      (d) Prepare a 5-year plan for the regional training program, which includes, without limitation:

             (1) An assessment of the training needs of teachers and administrators who are employed by the school districts within the primary jurisdiction of the regional training program; and

             (2) Specific details of the training that will be offered by the regional training program for the first 2 years covered by the plan.

      (e) Review the 5-year plan on an annual basis and make revisions to the plan as are necessary to serve the training needs of teachers and administrators employed by the school districts within the primary jurisdiction of the regional training program.

      2.  The Department, the Nevada System of Higher Education and the board of trustees of a school district may request the governing body of the regional training program that serves the school district to provide training, participate in a program or otherwise perform a service that is in addition to the duties of the regional training program that are set forth in the plan adopted pursuant to this section or otherwise required by statute.

 


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adopted pursuant to this section or otherwise required by statute. An entity may not represent that a regional training program will perform certain duties or otherwise obligate the regional training program as part of an application by that entity for a grant unless the entity has first obtained the written confirmation of the governing body of the regional training program to perform those duties or obligations. The governing body of a regional training program may, but is not required to, grant a request pursuant to this subsection.

      Sec. 28. NRS 392.456 is hereby amended to read as follows:

      392.456  1.  The Department shall:

      (a) Prescribe a form for use by teachers in elementary schools to provide reports to parents and legal guardians of pupils pursuant to this section;

      (b) Work in consultation with the Legislative Bureau of Educational Accountability and Program Evaluation, the Nevada Association of School Boards, the Nevada Association of School Administrators, the Nevada State Education Association and the Nevada Parent Teacher Association in the development of the form; and

      (c) Make the form available in electronic format for use by school districts and charter schools and, upon request, in any other manner deemed reasonable by the Department.

      2.  The form must include, without limitation:

      (a) A notice to parents and legal guardians that parental involvement is important in ensuring the success of the academic achievement of pupils;

      (b) A checklist indicating whether:

             (1) The pupil completes his or her homework assignments in a timely manner;

             (2) The pupil is present in the classroom when school begins each day and is present for the entire school day unless the pupil’s absence is approved in accordance with NRS 392.130;

             (3) The parent or legal guardian and the pupil abide by any applicable rules and policies of the school and the school district; and

             (4) The pupil complies with the dress code for the school, if applicable; and

      (c) A list of the resources and services available within the community to assist parents and legal guardians in addressing any issues identified on the checklist.

      3.  In addition to the requirements of subsection 2, the Department may prescribe additional information for inclusion on the form, including, without limitation:

      (a) A report of the participation of the parent or legal guardian, including, without limitation, whether the parent or legal guardian:

             (1) Completes forms and other documents that are required by the school or school district in a timely manner;

             (2) Assists in carrying out a plan to improve the pupil’s academic achievement, if applicable;

             (3) Attends conferences between the teacher and the parent or legal guardian, if applicable; and

             (4) Attends school activities.

      (b) A report of whether the parent or legal guardian ensures the health and safety of the pupil, including, without limitation, whether:

 


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             (1) Current information is on file with the school that designates each person whom the school should contact if an emergency involving the pupil occurs; and

             (2) Current information is on file with the school regarding the health and safety of the pupil, such as immunization records, if applicable, and any special medical needs of the pupil.

      4.  A teacher at an elementary school may provide the form prescribed by the Department, including the additional information prescribed pursuant to subsection 3 if the Department has prescribed such information on the form, to a parent or legal guardian of a pupil if the teacher determines that the provision of such a report would assist in improving the academic achievement of the pupil.

      5.  A report provided to a parent or legal guardian pursuant to this section must not be used in a manner that:

      (a) Interferes unreasonably with the personal privacy of the parent or legal guardian or the pupil;

      (b) Reprimands the parent or legal guardian; or

      (c) Affects the grade or report of progress given to a pupil based upon the information contained in the report.

      [6.  The principal of each elementary school at which a teacher provides reports pursuant to this section shall provide to the support team established for the school in accordance with the regulations of the State Board adopted pursuant to NRS 385.361, if applicable, the information contained in the completed reports for consideration by the support team. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.]

      Sec. 29. NRS 392.4575 is hereby amended to read as follows:

      392.4575  1.  The Department shall prescribe a form for educational involvement accords to be used by all public schools in this State. The educational involvement accord must comply with the policy:

      (a) For parental involvement required by the federal No Child Left Behind Act of 2001, as set forth in 20 U.S.C. § 6318.

      (b) For parental involvement and family engagement adopted by the State Board pursuant to NRS 392.457.

      2.  Each educational involvement accord must include, without limitation:

      (a) A description of how the parent or legal guardian will be involved in the education of the pupil, including, without limitation:

             (1) Reading to the pupil, as applicable for the grade or reading level of the pupil;

             (2) Reviewing and checking the pupil’s homework; and

             (3) Contributing 5 hours of time each school year, including, without limitation, by attending school-related activities, parent-teacher association meetings, parent-teacher conferences, volunteering at the school and chaperoning school-sponsored activities.

      (b) The responsibilities of a pupil in a public school, including, without limitation:

             (1) Reading each day before or after school, as applicable for the grade or reading level of the pupil;

             (2) Using all school equipment and property appropriately and safely;

 


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             (3) Following the directions of any adult member of the staff of the school;

             (4) Completing and submitting homework in a timely manner; and

             (5) Respecting himself or herself, others and all property.

      (c) The responsibilities of a public school and the administrators, teachers and other personnel employed at a school, including, without limitation:

             (1) Ensuring that each pupil is provided proper instruction, supervision and interaction;

             (2) Maximizing the educational and social experience of each pupil;

             (3) Carrying out the professional responsibility of educators to seek the best interest of each pupil; and

             (4) Making staff available to the parents and legal guardians of pupils to discuss the concerns of parents and legal guardians regarding the pupils.

      3.  Each educational involvement accord must be accompanied by, without limitation:

      (a) Information describing how the parent or legal guardian may contact the pupil’s teacher and the principal of the school in which the pupil is enrolled;

      (b) The curriculum of the course or standards for the grade in which the pupil is enrolled, as applicable, including, without limitation, a calendar that indicates the dates of major examinations and the due dates of significant projects, if those dates are known by the teacher at the time that the information is distributed;

      (c) The homework and grading policies of the pupil’s teacher or school;

      (d) Directions for finding resource materials for the course or grade in which the pupil is enrolled, as applicable;

      (e) Suggestions for parents and legal guardians to assist pupils in their schoolwork at home;

      (f) The dates of scheduled conferences between teachers or administrators and the parents or legal guardians of the pupil;

      (g) The manner in which reports of the pupil’s progress will be delivered to the parent or legal guardian and how a parent or legal guardian may request a report of progress;

      (h) The classroom rules and policies;

      (i) The dress code of the school, if any;

      (j) The availability of assistance to parents who have limited proficiency in the English language;

      (k) Information describing the availability of free and reduced-price meals, including, without limitation, information regarding school breakfast, school lunch and summer meal programs;

      (l) Opportunities for parents and legal guardians to become involved in the education of their children and to volunteer for the school or class; and

      (m) The code of honor relating to cheating prescribed pursuant to NRS 392.461.

      4.  The board of trustees of each school district shall adopt a policy providing for the development and distribution of the educational involvement accord. The policy adopted by a board of trustees must require each classroom teacher to:

      (a) Distribute the educational involvement accord to the parent or legal guardian of each pupil in the teacher’s class at the beginning of each school year or upon a pupil’s enrollment in the class, as applicable; and

 


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      (b) Provide the parent or legal guardian with a reasonable opportunity to sign the educational involvement accord.

      5.  Except as otherwise provided in this subsection, the board of trustees of each school district shall ensure that the form prescribed by the Department is used for the educational involvement accord of each public school in the school district. The board of trustees of a school district may authorize the use of an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      6.  The Department and the board of trustees of each school district shall, at least once each year, review and amend their respective educational involvement accords.

      [7.  If a school support team is established in accordance with the regulations of the State Board adopted pursuant to NRS 385.361 for an elementary school, the principal of the school shall provide to the support team information concerning the distribution of the educational involvement accord and the number of accords which were signed and returned by parents and legal guardians. The information must be provided in an aggregated format and must not disclose the identity of an individual parent, legal guardian or pupil.]

      Sec. 30. NRS 218E.615 is hereby amended to read as follows:

      218E.615  1.  The Committee may:

      (a) Evaluate, review and comment upon issues related to education within this State, including, but not limited to:

             (1) Programs to enhance accountability in education;

             (2) Legislative measures regarding education;

             (3) The progress made by this State, the school districts and the public schools in this State in satisfying the goals and objectives of the [federal No Child Left Behind Act of 2001, 20 U.S.C. §§ 6301 et seq., and the annual measurable objectives established by the State Board of Education pursuant to NRS 385.361;] statewide system of accountability for public schools;

             (4) Methods of financing public education;

             (5) The condition of public education in the elementary and secondary schools;

             (6) The program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (7) The development of any programs to automate the receipt, storage and retrieval of the educational records of pupils; and

             (8) Any other matters that, in the determination of the Committee, affect the education of pupils within this State.

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section.

      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and reviews of the Committee.

      (d) Make recommendations to the Legislature concerning the manner in which public education may be improved.

      2.  The Committee shall [:

      (a) In addition to any standards prescribed by the Department of Education, prescribe standards for the review and evaluation of the reports of

 


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the State Board of Education, State Public Charter School Authority, school districts and public schools pursuant to paragraph (a) of subsection 1 of NRS 385.359.

      (b) For the purposes set forth in NRS 385.389, recommend to the Department of Education programs of remedial study for each subject tested on the examinations administered pursuant to NRS 389.015. In recommending these programs of remedial study, the Committee shall consider programs of remedial study that have proven to be successful in improving the academic achievement of pupils.

      (c) Recommend to the Department of Education providers of supplemental educational services for inclusion on the list of approved providers prepared by the Department pursuant to NRS 385.384. In recommending providers, the Committee shall consider providers with a demonstrated record of effectiveness in improving the academic achievement of pupils.

      (d) For] , for the purposes set forth in NRS 385.3785, recommend to the Commission on Educational Excellence created by NRS 385.3784 programs, practices and strategies that have proven effective in improving the academic achievement and proficiency of pupils.

      Sec. 31. NRS 218E.625 is hereby amended to read as follows:

      218E.625  1.  The Legislative Bureau of Educational Accountability and Program Evaluation is hereby created within the Fiscal Analysis Division. The Fiscal Analysts shall appoint to the Legislative Bureau of Educational Accountability and Program Evaluation a Chief and such other personnel as the Fiscal Analysts determine are necessary for the Bureau to carry out its duties pursuant to this section.

      2.  The Bureau shall, as the Fiscal Analysts determine is necessary or at the request of the Committee:

      (a) Collect and analyze data and issue written reports concerning:

             (1) The effectiveness of the provisions of NRS 385.3455 to [385.391,] 385.3891, inclusive, and section 1 of this act, in improving the accountability of the schools of this State;

             (2) The statewide program to reduce the ratio of pupils per class per licensed teacher prescribed in NRS 388.700, 388.710 and 388.720;

             (3) The statewide program to educate persons with disabilities that is set forth in chapter 395 of NRS;

             (4) The results of the examinations of the National Assessment of Educational Progress that are administered pursuant to NRS 389.012; and

             (5) Any program or legislative measure, the purpose of which is to reform the system of education within this State.

      (b) Conduct studies and analyses to evaluate the performance and progress of the system of public education within this State. Such studies and analyses may be conducted:

             (1) As the Fiscal Analysts determine are necessary; or

             (2) At the request of the Legislature.

Ê This paragraph does not prohibit the Bureau from contracting with a person or entity to conduct studies and analyses on behalf of the Bureau.

      (c) On or before October 1 of each even-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the next regular session. The Bureau shall, on or before October 1 of each odd-numbered year, submit a written report of its findings pursuant to paragraphs (a) and (b) to the Director for transmission to the Legislative Commission and to the Legislative Committee on Education.

 


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ê2013 Statutes of Nevada, Page 1939 (Chapter 365, AB 460)ê

 

pursuant to paragraphs (a) and (b) to the Director for transmission to the Legislative Commission and to the Legislative Committee on Education.

      3.  The Bureau may, pursuant to NRS 218F.620, require a school, a school district, the Nevada System of Higher Education or the Department of Education to submit to the Bureau books, papers, records and other information that the Chief of the Bureau determines are necessary to carry out the duties of the Bureau pursuant to this section. An entity whom the Bureau requests to produce records or other information shall provide the records or other information in any readily available format specified by the Bureau.

      4.  Except as otherwise provided in this subsection and NRS 239.0115, any information obtained by the Bureau pursuant to this section shall be deemed a work product that is confidential pursuant to NRS 218F.150. The Bureau may, at the discretion of the Chief and after submission to the Legislature or Legislative Commission, as appropriate, publish reports of its findings pursuant to paragraphs (a) and (b) of subsection 2.

      5.  This section does not prohibit the Department of Education or the State Board of Education from conducting analyses, submitting reports or otherwise reviewing educational programs in this State.

      Sec. 32. NRS 385.34692, 385.349, 385.358, 385.359, 385.361, 385.3611, 385.36125, 385.36127, 385.36129, 385.362, 385.3623, 385.3625, 385.3661, 385.3693, 385.372, 385.3721, 385.3743, 385.3744, 385.3745, 385.3746, 385.376, 385.37603, 385.37605, 385.37607, 385.3761, 385.3762, 385.377, 385.3771, 385.37715, 385.3772, 385.3773, 385.3774, 385.384, 385.389 and 385.391 are hereby repealed.

      Sec. 33.  The Department of Education shall:

      1.  Monitor the impact of the revisions made by this act, including, without limitation, the removal of certain accountability provisions included in the statewide system of accountability for public schools under the No Child Left Behind Act of 2001, 20 U.S.C. § 6301 et seq.

      2.  Provide a status report on the impact to the Legislative Committee on Education, including, without limitation:

      (a) The status of the statewide system of accountability for public schools developed under authorization from the United States Department of Education in accordance with the waiver approved in August of 2012, from some of the requirements of the No Child Left Behind Act; and

      (b) Any recommendations for legislation based upon the revisions made to the statewide system of accountability for public schools by this act.

      Sec. 34.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 1940ê

 

CHAPTER 366, AB 481

Assembly Bill No. 481–Committee on Ways and Means

 

CHAPTER 366

 

[Approved: June 2, 2013]

 

AN ACT relating to governmental administration; requiring the Division of State Library and Archives of the Department of Administration to provide digital imaging services to any local government; providing that money received by the Division for such services does not revert to the State General Fund at the end of any fiscal year; requiring the Division to use such money for certain purposes; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Division of State Library and Archives of the Department of Administration is required to provide microfilming service to local governments. The Division may charge for such service, but the charge must not exceed the cost to provide the service. (NRS 239.070) This bill requires the Division also to provide digital imaging services to local governments on the same terms. This bill also provides that any money received by the Division for providing such services and any interest or income on the money: (1) must be accounted for separately in the State General Fund; (2) does not revert to the State General Fund at the end of any fiscal year; (3) must be carried forward to the next fiscal year; and (4) must be used exclusively for the repair or replacement of the equipment used by the Division to provide microfilming and digital imaging services.

 

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 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 service.

      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.

 


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      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.

      7.  Money received by the Division pursuant to this section and any interest or income on the money:

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

      (b) Does not revert to the State General Fund at the end of any fiscal year;

      (c) Must be carried forward to the next fiscal year; and

      (d) Must be used exclusively for the repair or replacement of the equipment used by the Division to provide microfilming and digital imaging services.

      Sec. 2.  This act becomes effective on July 1, 2013.

________

CHAPTER 367, AB 482

Assembly Bill No. 482–Committee on Ways and Means

 

CHAPTER 367

 

[Approved: June 2, 2013]

 

AN ACT relating to unemployment compensation; creating the Interest Repayment Fund for the payment of interest accruing and payable on advances received by this State from the Federal Government relating to unemployment benefits; requiring the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to establish an assessment to be imposed on certain employers; requiring certain employers to pay a proportionate share of such an assessment; requiring any money received from such employers to be deposited into the Fund; providing for the termination of the Fund in certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes and directs the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to apply for an advance to the Unemployment Compensation Fund and to accept such an advance in accordance with the conditions specified in Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended. Upon such a request by the Administrator, the Governor is required to make an application for advances to this State. (NRS 612.290)

      This bill creates the Interest Repayment Fund as a special revenue fund to be used only for the payment of interest accruing and payable on such advances received. This bill requires the Administrator to establish an assessment, of which certain employers subject to the provisions governing unemployment compensation are required to pay a proportionate share. Any money collected from such an employer must be deposited into the Fund. This bill also provides that if the Administrator determines that the assessment is no longer necessary, the Administrator shall notify all such employers and shall not accept any further payments. Any money remaining in the Interest Repayment Fund must be deposited into the Unemployment Compensation Fund after: (1) the payment of all interest payable on the advances received from the Federal Government; and (2) a determination by the Administrator that no further payments are anticipated.

 


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ê2013 Statutes of Nevada, Page 1942 (Chapter 367, AB 482)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 612 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  There is hereby created the Interest Repayment Fund as a special revenue fund.

      2.  The Fund consists of all money received pursuant to this section, and must only be used for the payment of interest accruing and payable on advances received pursuant to NRS 612.290 in accordance with the conditions specified in Title XII of the Social Security Act, 42 U.S.C. §§ 1321 et seq., as amended.

      3.  The Administrator shall establish an assessment that will be calculated by dividing the interest accruing and payable on advances received pursuant to NRS 612.290 by 95 percent of the total taxable wages paid by all employers in this State during the immediately preceding calendar year.

      4.  Except as otherwise provided in subsection 7, each employer subject to the provisions of this chapter shall pay a proportionate share of the assessment established by the Administrator pursuant to subsection 3. An employer’s proportionate share of the assessment will be calculated by multiplying the employer’s total taxable wages paid during the immediately preceding calendar year by the amount of the assessment. The Administrator shall notify each employer of his or her proportionate share of the assessment on or before June 30 of each year, and may collect interest on any such amount that remains unpaid on July 31 of each year in accordance with the provisions of NRS 612.620. Any money collected from an employer pursuant to this subsection must be deposited into the Interest Repayment Fund. The Administrator shall establish procedures necessary to collect payments pursuant to this subsection.

      5.  An employer’s proportionate share of the assessment must not be charged against the experience rating record of the employer.

      6.  The provisions of law applicable to the collection of unemployment contributions also apply to the collection of payments pursuant to this section.

      7.  The provisions of this section do not apply to any nonprofit organization, political subdivision or Indian tribe which makes reimbursements in lieu of contributions pursuant to NRS 612.553.

      8.  The provisions of this section are operative only so long as the Interest Repayment Fund continues to exist and the Administrator continues to accept and deposit payments received from employers pursuant to this section into the Interest Repayment Fund. If the Administrator determines that the assessment is no longer necessary, the Administrator shall notify all employers paying a proportionate share of the assessment and shall not accept any further payments. If and when the Interest Repayment Fund ceases to exist, any money remaining in the Interest Repayment Fund, after the payment of all interest accruing and payable on advances received pursuant to NRS 612.290 and a determination by the Administrator that no further payments are anticipated, must be deposited into the Unemployment Compensation Fund.

 


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ê2013 Statutes of Nevada, Page 1943 (Chapter 367, AB 482)ê

 

a determination by the Administrator that no further payments are anticipated, must be deposited into the Unemployment Compensation Fund.

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

________

CHAPTER 368, AB 486

Assembly Bill No. 486–Committee on Commerce and Labor

 

CHAPTER 368

 

[Approved: June 2, 2013]

 

AN ACT relating to telecommunication providers; authorizing certain telecommunication providers to apply to the Public Utilities Commission of Nevada for relief from the obligations and status of a provider of last resort; revising certain provisions relating to the regulation of Internet Protocol-enabled service or Voice over Internet Protocol service; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires certain telecommunication providers to provide basic network service and business line service to any person requesting such service. (NRS 704.6878) Section 2 of this bill authorizes such a provider to apply to the Public Utilities Commission of Nevada to be relieved of its duty to provide such service when certain alternative services are available. Section 2 additionally sets forth certain requirements for notice, hearings and consumer sessions related to an application. Section 2 authorizes the Commission to require a telecommunication provider to provide service to a customer under certain circumstances.

      Under existing law, the Commission is prohibited from regulating any broadband service, including imposing any requirements relating to the terms, conditions, rates or availability of broadband service. (NRS 704.684) Section 3 of this bill, with exceptions, prohibits any state agency or political subdivision of the State from regulating any Internet Protocol-enabled service or Voice over Internet Protocol service. Section 3 preserves certain authority of the Commission to regulate telecommunication providers under provisions of federal and state law.

      Sections 6, 7 and 18-34 of this bill remove obsolete references to telegraph lines and telegraph equipment.

 

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 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  A competitive supplier that is a provider of last resort may file an application with the Commission to be relieved, in whole or in part, of its obligations and status as a provider of last resort in an area where alternative voice service is provided by:

 

 


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ê2013 Statutes of Nevada, Page 1944 (Chapter 368, AB 486)ê

 

      (a) At least:

             (1) One provider that utilizes a wireline technology, is not an affiliate of the provider of last resort and is capable of providing alternative voice service to the entire area for which relief is sought; and

             (2) One provider that utilizes any other technology and is capable of providing alternative voice service to the entire area for which relief is sought;

      (b) On or after June 1, 2015, two or more providers that utilize a wireless technology and that are capable of providing alternative voice service to the entire area for which relief is sought; or

      (c) On or after June 1, 2015, three or more providers that utilize any technology and that are capable of providing alternative voice service to the entire area for which relief is sought.

      2.  An application filed pursuant to subsection 1 must include:

      (a) A map of the entire area for which relief is sought that identifies separately each provider of alternative voice service which is intended to satisfy the requirements of subsection 1. The map must be of sufficient detail to identify the exact boundary by street of the entire area for which relief is sought.

      (b) A draft of the notice which the applicant intends to provide pursuant to subsection 4.

      3.  The Commission shall approve or deny an application filed pursuant to subsection 1 not later than 180 days after the application is filed with the Commission. The Commission shall not approve an application unless the Commission determines that the applicant has satisfied the requirements of this section. The Commission may hold a hearing to determine whether sufficient alternative voice service exists in an area for which relief is sought by an applicant.

      4.  An applicant shall, not later than 30 days after filing an application pursuant to subsection 1, provide written notice:

      (a) To each current customer of the applicant located within the area for which relief is sought. The notice may be included in a bill from the applicant to the customer or included in a special mailing, other than a promotional mailing, which states that important information is enclosed. If a customer has elected to receive his or her bill in an electronic form, such notice must be provided to the customer electronically in the same manner in which he or she receives a bill from the applicant.

      (b) To each public safety answering point which is located within the area for which relief is sought.

      5.  The written notice provided to each customer pursuant to paragraph (a) of subsection 4 must include, in clear and comprehensive language that is understandable to an ordinary layperson:

      (a) A statement that the applicant has applied to the Commission for relief of its obligations as a provider of last resort in the area in which the customer resides.

      (b) A statement that a consumer session will be conducted by the Commission in accordance with subsection 7 at which the customer may make inquiries or comments concerning the application.

      (c) A statement that the Commission will issue a public notice identifying the time, date and location of the consumer session.

      (d) Any additional information required by the Commission.

 


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ê2013 Statutes of Nevada, Page 1945 (Chapter 368, AB 486)ê

 

      6.  A competitive supplier who files an application for relief pursuant to subsection 1 shall conduct at least one meeting concerning the application, which must include the following parties:

      (a) The Commission;

      (b) The Consumer’s Advocate;

      (c) Representatives from each public safety answering point that is located within the area for which relief is sought; and

      (d) Each local law enforcement agency whose jurisdiction includes, in whole or in part, the area for which relief is sought.

      7.  Not later than 120 days after receiving an application filed pursuant to subsection 1, the Commission shall, in collaboration with the applicant, schedule and conduct at least one consumer session in each county in which is located, in whole or in part, any area for which relief is sought under the application. The Commission shall provide notice of the consumer session in accordance with regulations adopted pursuant to NRS 703.320.

      8.  A competitive supplier that is relieved of its obligation and status as a provider of last resort pursuant to this section shall not apply for, and is not entitled to receive, any money from the fund to maintain the availability of telephone service for any area for which relief has been granted pursuant to this section, except for money for the provision of lifeline service, as the term is defined in NRS 707.450.

      9.  If the Commission issues an order approving an application for relief pursuant to this section, the relief granted by such approval does not affect or modify any obligation of an incumbent local exchange carrier pursuant to any applicable federal law or regulation.

      10.  A competitive supplier that is an incumbent local exchange carrier and receives, on or before the effective date of this act, full or partial relief from its obligations as a provider of last resort pursuant to NRS 704.6878 shall be deemed to be fully released from any obligation as a provider of last resort for the area for which relief was granted on or before the effective date of this act.

      11.  Except as otherwise provided in this section, any relief granted pursuant to this section does not impose any obligation upon a provider of alternative voice service in the area for which relief was granted.

      12.  The Commission may declare that an emergency exists in any area in which alternative voice service is not available and where a competitive supplier has been granted relief from its obligations as a provider of last resort pursuant to this section. If the Commission declares an emergency pursuant to this subsection, the Commission may:

      (a) Take any steps necessary to protect the health, safety and welfare of the affected residents or businesses and may expedite the availability of alternative voice service to the affected residents or businesses.

      (b) Utilize the fund to maintain the availability of telephone service to ensure that any affected resident or business has access to alternative voice service.

      (c) Issue an order imposing on a provider of alternative voice service one or more obligations, including, without limitation, the obligation to maintain adequate and reliable service for a specified period, but such obligations may be imposed only to the extent that the provider receives money from the fund to maintain the availability of telephone service relating to the provision of service pursuant to the order issued by the Commission pursuant to this paragraph.

 


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ê2013 Statutes of Nevada, Page 1946 (Chapter 368, AB 486)ê

 

service relating to the provision of service pursuant to the order issued by the Commission pursuant to this paragraph.

      13.  If, as a result of the approval by the Commission of an application filed pursuant to subsection 1, a residential customer does not have access to telephone service, including alternative voice service, the customer may, on or before May 31, 2016, file a request for service with the Commission. Upon receipt of a request, the Commission shall investigate whether such service is available to the customer. If the Commission determines that service is not available, the Commission may order the competitive supplier that received relief pursuant to this section to provide service to the residential customer for a period specified by the Commission. If a competitive supplier is ordered to provide service to a residential customer pursuant to this subsection, the competitive supplier may satisfy its obligation pursuant to this subsection by providing an alternative voice service as provided in NRS 704.68881.

      14.  Except as otherwise provided in subsections 12 and 13, a provider of alternative voice service that is not a provider of last resort, or a competitive supplier that has been relieved of its obligations as a provider of last resort, is not required to assume the obligations of a provider of last resort.

      15.  As used in this section:

      (a) “Alternative voice service” means a retail voice service made available through any technology or service arrangement other than satellite service that provides:

             (1) Voice-grade access to the public switched telephone network; and

             (2) Access to emergency 911 service.

      (b) “Public safety answering point” has the meaning ascribed to it in NRS 707.500.

      Sec. 3. 1.  Except as otherwise provided in subsection 2, a state agency or political subdivision of the State may not, directly or indirectly, regulate the rates charged for, service or contract terms for, conditions for, or requirements for entry for Internet Protocol-enabled service or Voice over Internet Protocol service.

      2.  The provisions of subsection 1 must not be construed to:

      (a) Affect or limit the enforcement of criminal or civil laws, including, without limitation, laws concerning consumer protection and unfair or deceptive trade practices, that apply generally to the conduct of business;

      (b) Affect, mandate or prohibit:

             (1) The assessment of taxes, fees or surcharges which are of general applicability or which are otherwise authorized by statute; or

             (2) The levy and collection of the assessment required by NRS 704.033 from a provider of voice over Internet Protocol service that has a certificate of public convenience and necessity;

      (c) Affect or modify:

             (1) Any right or obligation of any telecommunication provider, or the authority granted to the Commission pursuant to 47 U.S.C. §§ 251 and 252, including, without limitation, any authority granted to the Commission to address or affect the resolution of disputes regarding reciprocal compensation and interconnection;

             (2) Any obligation relating to the provision of video service by any person pursuant to chapter 711 of NRS;

 


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ê2013 Statutes of Nevada, Page 1947 (Chapter 368, AB 486)ê

 

             (3) Any applicable wholesale tariff; or

             (4) Any authority granted to the Commission pursuant to 47 U.S.C. §§ 214(e) and 254(f).

      3.  As used in this section:

      (a) “Internet Protocol-enabled service” means any service, functionality or application which uses Internet Protocol or a successor protocol that enables an end-user to send or receive voice, data or video communications. The term does not include Voice over Internet Protocol service.

      (b) “Voice over Internet Protocol service” means any service that:

             (1) Enables real-time, two-way voice communication originating from or terminating at the user’s location in Internet Protocol or a successor protocol;

             (2) Uses a broadband connection from the user’s location; and

             (3) Permits a user to receive a call that originates on the public switched telephone network and to terminate a call to the public switched telephone network.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 704.006 is hereby amended to read as follows:

      704.006  “Basic network service” means the provision of stand-alone telephone service furnished to a residential customer [through the customer’s primary residential line as the only service] that:

      1.  Is not:

      (a) Part of a package of services;

      (b) Sold in a promotion;

      (c) Purchased pursuant to a contract; or

      (d) Otherwise offered at a discounted price; and

      2.  Provides to the customer:

      (a) Voice-grade access to the public switched telephone network ; [with a minimum bandwidth of 300 to 3,000 hertz;]

      (b) [Dual tone multifrequency signaling and single party service;

      (c)] Access to:

             (1) [Operator services;

             (2)] Telephone relay services;

             [(3) Local directory assistance;

             (4)](2) Interexchange service; and

             [(5)](3) Emergency 911 service;

      [(d)](c) The first single-line directory listing; and

      [(e)](d) Universal lifeline service for those eligible for such service.

      Sec. 5. NRS 704.011 is hereby amended to read as follows:

      704.011  1.  “Competitive supplier” means a telecommunication provider that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and section 2 of this act.

      2.  The term does not include a small-scale provider of last resort unless the provider is authorized by the Commission pursuant to NRS 704.68869 to be regulated as a competitive supplier.

      Sec. 6. NRS 704.280 is hereby amended to read as follows:

      704.280  The Commission may:

      1.  Regulate the manner in which power [,] and telephone [and telegraph] lines, pipelines and the tracks of any street, steam or electric railroad or other common carrier cross or connect with any other such lines or common carriers.

 


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ê2013 Statutes of Nevada, Page 1948 (Chapter 368, AB 486)ê

 

      2.  Prescribe such regulations and safety devices, respectively, as may be necessary for the purpose of securing adequate service and for the protection of the public.

      Sec. 7. NRS 704.638 is hereby amended to read as follows:

      704.638  It is unlawful for any person to post any advertising sign, display or device, including a temporary political sign, on any pole, support or other device of a public utility which is used to support a [telegraph,] telephone or electric transmission line.

      Sec. 8. NRS 704.6878 is hereby amended to read as follows:

      704.6878  [1.]  The Commission shall adopt regulations that establish [:

      (a) The] the obligations of incumbent local exchange carriers as providers of last resort giving due consideration to the status of the incumbent local exchange carriers as either competitive suppliers or small-scale providers of last resort.

      [(b) The terms, conditions and procedures under which:

             (1) An incumbent local exchange carrier may be excused from the obligations of the provider of last resort; and

             (2) The Commission may request an incumbent local exchange carrier to reinstate the obligations of the provider of last resort.

      (c) The manner of giving prior written notice of not less than 180 days before another provider of basic network service or business line service may terminate or discontinue such services and the terms of any bond necessary to protect consumers and ensure continuity of such services.

      2.  The regulations adopted by the Commission may not allow an incumbent local exchange carrier to be excused from the obligations of the provider of last resort in situations where the incumbent local exchange carrier, before May 31, 2007, made an agreement to or was specifically ordered to act as the provider of last resort.]

      Sec. 9. NRS 704.68861 is hereby amended to read as follows:

      704.68861  1.  Except as otherwise provided in this section, any telecommunication provider operating within this State is a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and section 2 of this act.

      2.  A small-scale provider of last resort is not a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive, and section 2 of this act, unless the small-scale provider of last resort is authorized by the Commission pursuant to NRS 704.68869 to be regulated as a competitive supplier.

      Sec. 10. NRS 704.68863 is hereby amended to read as follows:

      704.68863  The provisions of NRS 704.68861 to 704.68887, inclusive, and section 2 of this act do not:

      1.  Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      2.  Limit or modify:

      (a) The duties of a competitive supplier that is an incumbent local exchange carrier regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      (b) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.

 


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ê2013 Statutes of Nevada, Page 1949 (Chapter 368, AB 486)ê

 

      Sec. 11. NRS 704.68865 is hereby amended to read as follows:

      704.68865  The Commission may adopt any regulations that are necessary to carry out the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and section 2 of this act.

      Sec. 12. NRS 704.68869 is hereby amended to read as follows:

      704.68869  1.  A small-scale provider of last resort may apply to the Commission to be regulated as a competitive supplier pursuant to NRS 704.68861 to 704.68887, inclusive [.] , and section 2 of this act.

      2.  The Commission may grant the application if it finds that the public interest will be served by allowing the small-scale provider of last resort to be regulated as a competitive supplier.

      3.  If the Commission denies the application, the small-scale provider of last resort:

      (a) May not be regulated as a competitive supplier but remains subject to regulation pursuant to this chapter as a telecommunication provider; and

      (b) May not submit another application to be regulated as a competitive supplier sooner than 1 year after the date the most recent application was denied, unless the Commission, upon a showing of good cause or changed circumstances, allows the provider to submit another application sooner.

      Sec. 13. NRS 704.68871 is hereby amended to read as follows:

      704.68871  1.  A competitive supplier is not subject to any review of earnings or monitoring of the rate base or any other regulation by the Commission relating to the net income or rate of return of the competitive supplier, and the Commission shall not consider the rate of return, the rate base or any other earnings of the competitive supplier in carrying out the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and section 2 of this act.

      2.  On or before May 15 of each year, a competitive supplier shall file with the Commission an annual statement of income, a balance sheet, a statement of cash flows for the total operations of the competitive supplier and a statement of intrastate service revenues, each prepared in accordance with generally accepted accounting principles.

      3.  A competitive supplier is not required to submit any other form of financial report or comply with any other accounting requirements, including, without limitation, requirements relating to depreciation and affiliate transactions, imposed upon a public utility by this chapter, chapter 703 of NRS or the regulations of the Commission.

      Sec. 14. NRS 704.68873 is hereby amended to read as follows:

      704.68873  1.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive, and section 2 of this act, a competitive supplier:

      (a) Is exempt from the provisions of NRS 704.100 and 704.110 and the regulations of the Commission relating thereto and from any other provision of this chapter governing the rates, pricing, terms and conditions of any telecommunication service; and

      (b) May exercise complete flexibility in the rates, pricing, terms and conditions of any telecommunication service.

      2.  The rates, pricing, terms and conditions of intrastate switched or special access service provided by a competitive supplier that is an incumbent local exchange carrier and the applicability of such access service to intrastate interexchange traffic are subject to regulation by the Commission, which must be consistent with federal law, unless the Commission deregulates intrastate switched or special access service pursuant to NRS 704.68879.

 


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      3.  A competitive supplier that is an incumbent local exchange carrier shall use a letter of advice to change any rates, pricing, terms and conditions of intrastate switched or special access service, universal lifeline service or access to emergency 911 service. A letter of advice submitted pursuant to this subsection shall be deemed approved if the Commission does not otherwise act on the letter of advice within 120 days after the date on which the letter is filed with the Commission.

      Sec. 15.  NRS 704.68875 is hereby amended to read as follows:

      704.68875  1.  A competitive supplier is not required to maintain or file any schedule or tariff with the Commission.

      2.  [Each] For any area in which a competitive supplier [that] is [an incumbent local exchange carrier:] a provider of last resort, the competitive supplier:

      (a) Shall publish the rates, pricing, terms and conditions of basic network service by:

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer; and

      (b) May publish the rates, pricing, terms and conditions of other telecommunication service by:

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.

      Sec. 16. NRS 704.68877 is hereby amended to read as follows:

      704.68877  1.  The Commission shall not decrease the rates or pricing of basic network service provided by a competitive supplier, unless the competitive supplier files a general rate application pursuant to paragraph (b) of subsection 2 and the Commission orders a decrease in the rates or pricing of such service in a general rate case proceeding conducted pursuant thereto.

      2.  Except as otherwise provided in this section, a competitive supplier that is an incumbent local exchange carrier shall not:

      (a) Without the approval of the Commission, discontinue basic network service or change the terms and conditions of basic network service as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007.

      (b) Before January 1, 2012, increase the rates or pricing of basic network service as set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007, except that notwithstanding any other provision of this chapter:

 


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             (1) On or after January 1, 2011, and before January 1, 2012, the competitive supplier may, without the approval of the Commission, increase the rates or pricing of basic network service provided by the competitive supplier but the total of all increases during that period may not result in rates or pricing of basic network service that is more than $1 above the rates or pricing set forth in the tariffs of the competitive supplier that were in effect on January 1, 2007; and

             (2) The Commission may allow the competitive supplier to increase the rates or pricing of basic network service above the amounts authorized by this subsection only if the competitive supplier files a general rate application and proves in a general rate case proceeding conducted pursuant to NRS 704.110 and 704.120 that the increase is absolutely necessary to avoid rates or prices that are confiscatory under the Constitution of the United States or the Constitution of this State. In such a general rate case proceeding, the Commission:

                   (I) May allow an increase in the rates or pricing of basic network service provided by the competitive supplier only in an amount that the competitive supplier proves in the general rate case proceeding is absolutely necessary to avoid an unconstitutional result and shall not authorize in the general rate case proceeding any rate, price or other relief for the competitive supplier that is not proven by the competitive supplier to be absolutely necessary to avoid an unconstitutional result; and

                   (II) May order a decrease in the rates or pricing of basic network service provided by the competitive supplier if the Commission determines in the general rate case proceeding that the decrease is necessary to provide customers with just and reasonable rates.

      3.  On or after January 1, 2012:

      (a) A competitive supplier that is an incumbent local exchange carrier may exercise flexibility in the rates, pricing, terms and conditions of basic network service in the same manner permitted for other telecommunication service pursuant to NRS 704.68873; and

      (b) The Commission shall not:

             (1) Regulate the rates, pricing, terms and conditions of basic network service provided by such a competitive supplier; or

             (2) Require such a competitive supplier to maintain any schedule or tariff for basic network service.

      4.  [A] For any area in which a competitive supplier is a provider of last resort, the competitive supplier [that is an incumbent local exchange carrier] must provide reasonably detailed information concerning the rates, pricing, terms and conditions of basic network service in the manner required by NRS 704.68875.

      Sec. 17. NRS 704.68881 is hereby amended to read as follows:

      704.68881  1.  [A] For any area in which a competitive supplier is a provider of last resort, the competitive supplier [that is a provider of last resort may use an alternative technology to satisfy the] may satisfy its obligation [to provide basic network service or business line service in a service territory.] as a provider of last resort through an alternative voice service.

      2.  [Except as otherwise provided in this section, the] The Commission may not exercise jurisdiction over an alternative [technology] voice service used by a competitive supplier [that is a provider of last resort] or its affiliate to satisfy the [obligation to provide basic network service or business line service in a service territory,] competitive supplier’s obligation as a provider of last resort, including, without limitation, determining the rates, pricing, terms, conditions or availability of an alternative [technology.]

 


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service in a service territory,] competitive supplier’s obligation as a provider of last resort, including, without limitation, determining the rates, pricing, terms, conditions or availability of an alternative [technology.] voice service.

      3.  [If a competitive supplier that is a provider of last resort uses an alternative technology to satisfy the obligation to provide basic network service or business line service in a service territory, the Commission may investigate whether basic network service or business line service provided through the alternative technology by the competitive supplier is functionally comparable with circuit-switched wireline telephony.

      4.  If, after notice and hearing, the Commission finds any material deficiency in the competitive supplier’s use of the alternative technology to satisfy the obligation to provide basic network service or business line service, the Commission may order the competitive supplier to implement corrective action, within a technically reasonable period, to cure the material deficiency in the use of the alternative technology.

      5.  As used in this section, “alternative technology” means any technology, facility or equipment, other than circuit-switched wireline telephony, that has the capability to provide customers with service functionally comparable to basic network service or business line service. The term includes, without limitation, wireless or Internet technology, facilities or equipment.] The use of an alternative voice service provided by a competitive supplier or an affiliate of the competitive supplier to satisfy the competitive supplier’s obligation as a provider of last resort does not affect any obligation of the competitive supplier:

      (a) As an incumbent local exchange carrier pursuant to federal law.

      (b) Pursuant to NRS 704.033.

      4.  As used in this section, “alternative voice service” means a retail voice service made available through any technology or service arrangement that provides:

      (a) Voice-grade access to the public switched telephone network; and

      (b) Access to emergency 911 service.

      Sec. 18. NRS 707.230 is hereby amended to read as follows:

      707.230  Any person or persons, company, association or corporation, desiring to do so, may construct and maintain, or, if already constructed, may maintain, or, if partially constructed, may complete and maintain, within this state, a [telegraph] telephone line or lines by complying with NRS 707.240.

      Sec. 19. NRS 707.250 is hereby amended to read as follows:

      707.250  The person or persons, company, association or corporation named in the certificate (provided for in NRS 707.240), and their assigns [:

      1.  May] may construct, or if constructed, maintain, or if partially constructed, complete and maintain, their telephone line [of telegraph,] described in their certificate, filed as provided in NRS 707.240, over and through any public or private lands, and along or across any streets, alleys, roads, highways or streams within this state, provided they do not obstruct the same . [;

      2.  May operate the telegraph line between the termini of the same, and have and maintain offices and stations at any city, town, place or point along the line; and

      3.  Shall be entitled to demand, receive and collect for dispatches and messages transmitted over such line such sum or sums as such person or persons or the officers of the company, association or corporation (as the case may be) may deem proper.]

 


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      Sec. 19.5. NRS 707.280 is hereby amended to read as follows:

      707.280  1.  Any person or the person’s assigns, who are constructing, or who have already constructed, or who may propose to construct, a telephone line [of telegraph,] as provided in NRS 707.230 to [707.290,] 707.280, inclusive, [has] have the right-of-way for the line and so much land as may be necessary to construct and maintain the line, and for this purpose may enter upon private lands along the line described in the certificate for the purpose of examining and surveying them.

      2.  Where the lands cannot be obtained by the consent of the owner or possessor thereof, so much of the land as may be necessary for the construction of the line may be appropriated by the person or the person’s assigns (as the case may be), after making compensation therefor, as follows. The person or the person’s agent shall select one appraiser, and the owner or possessor shall select one, and the two so selected shall select a third. The three shall appraise the lands sought to be appropriated, after having been first sworn, before a person authorized by law to administer oaths, to make a true appraisement thereof, according to the best of their knowledge and belief.

      3.  If the person or the person’s agent tenders to the owner or possessor the appraised value of the lands, appraised as provided in subsection 2, the person or agent may proceed in the construction, or, if constructed, in the use of the line over the land so appraised, and may maintain the line over and upon the land, and at all times enter upon the land and pass over all adjoining lands for the purpose of constructing, maintaining and repairing the [telegraph] telephone line, notwithstanding the tender may be refused. The tender must always be kept good by the person or the person’s agent.

      4.  An appeal may be taken by either party, from the finding of the appraisers, to the district court of the county within which the land so appraised is situated at any time within 3 months after the appraisement.

      Sec. 20. NRS 707.300 is hereby amended to read as follows:

      707.300  All persons or corporations owning and operating telephone lines in this state are entitled to all the rights and privileges and are subject to all the restrictions and responsibilities provided in NRS 707.230 to [707.290, inclusive, so far as those rights, privileges, restrictions and responsibilities are applicable to telephone companies.] 707.280, inclusive.

      Sec. 21. NRS 707.910 is hereby amended to read as follows:

      707.910  Any person who:

      1.  By the attachment of a ground wire, or by any other contrivance, willfully destroys the insulation of a [telegraph or] telephone line, or interrupts the transmission of the electric current through the line;

      2.  Willfully interferes with the use of any [telegraph or] telephone line, or obstructs or postpones the transmission of any message over the line; or

      3.  Procures or advises any such injury, interference or obstruction,

Ê is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of any property damaged, altered, removed or destroyed and in no event less than a misdemeanor.

      Sec. 22. NRS 709.050 is hereby amended to read as follows:

      709.050  1.  The board of county commissioners may grant to any person, company, corporation or association the franchise, right and privilege to construct, install, operate and maintain street railways, electric light, heat and power lines, gas and water mains, telephone [and telegraph] lines, and all necessary or proper appliances used in connection therewith or appurtenant thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.

 


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thereto, in the streets, alleys, avenues and other places in any unincorporated town in the county, and along the public roads and highways of the county, when the applicant complies with the terms and provisions of NRS 709.050 to 709.170, inclusive.

      2.  The board of county commissioners shall not:

      (a) Impose any terms or conditions on a franchise granted pursuant to subsection 1 for the provision of telecommunication service or interactive computer service other than terms or conditions concerning the placement and location of the telephone [or telegraph] lines and fees imposed for a business license or the franchise, right or privilege to construct, install or operate such lines.

      (b) Require a company that provides telecommunication service or interactive computer service to obtain a franchise if it provides telecommunication service over the telephone [or telegraph] lines owned by another company.

      3.  As used in NRS 709.050 to 709.170, inclusive:

      (a) “Interactive computer service” has the meaning ascribed to it in 47 U.S.C. § 230(f)(2), as that section existed on January 1, 2007.

      (b) “Street railway” means:

             (1) A system of public transportation operating over fixed rails on the surface of the ground; or

             (2) An overhead or underground system, other than a monorail, used for public transportation.

Ê The term does not include a super speed ground transportation system as defined in NRS 705.4292.

      (c) “Telecommunication service” has the meaning ascribed to it in NRS 704.028.

      4.  As used in this section, “monorail” has the meaning ascribed to it in NRS 705.650.

      Sec. 23. NRS 709.060 is hereby amended to read as follows:

      709.060  Any person, company, corporation or association desiring a franchise, right or privilege for any purpose specified in NRS 709.050 must file with the board of county commissioners of the county wherein the franchise, right or privilege is to be exercised an application in writing, which contains:

      1.  The name of the applicant and the time for which the franchise, right or privilege is desired, not exceeding 25 years.

      2.  The places where the franchise, right or privilege is to be exercised and, if in any unincorporated town, the streets, avenues, alleys and other places through, over, under or along which the franchise, right or privilege is sought.

      3.  If the application is for a street railway, it must designate the route of the proposed line in the county, and specify the width of ground desired to be included in its right-of-way.

      4.  A map or plat correctly showing and delineating, so far as practicable, the proposed route or right-of-way of any street railway, light, heat , [or] power [, telegraph] or telephone lines, and the places where gas or water mains are to be laid or installed.

      Sec. 24. NRS 709.100 is hereby amended to read as follows:

      709.100  The board of the county commissioners, at the time of granting any such authority, franchise and right-of-way, shall require the applicant to enter into an undertaking to the county in a sum to be determined by the board of county commissioners, with surety or sureties approved by the board, conditioned that the applicant shall commence active construction of such telephone, [telegraph,] light, heat or power lines, the laying of gas or water mains, or such streetcar system, for which such franchise, right or privilege is granted, within 60 days from the date of the granting of the franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; and, failing to comply with the conditions of such undertaking, shall pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege.

 


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board of county commissioners, with surety or sureties approved by the board, conditioned that the applicant shall commence active construction of such telephone, [telegraph,] light, heat or power lines, the laying of gas or water mains, or such streetcar system, for which such franchise, right or privilege is granted, within 60 days from the date of the granting of the franchise, right or privilege, and prosecute the construction thereof to completion with due diligence; and, failing to comply with the conditions of such undertaking, shall pay into the treasury of the county to which such undertaking is given the sum of money mentioned therein and forfeit all rights to such franchise, right or privilege.

      Sec. 25. NRS 709.130 is hereby amended to read as follows:

      709.130  1.  Every person, company, corporation or association receiving a franchise pursuant to the provisions of NRS 709.050 to 709.170, inclusive, shall:

      (a) Provide a plant with all necessary appurtenances of approved construction for the full performance of the franchise duties, rights and obligations, and for the needs, comfort and convenience of the inhabitants of the various unincorporated towns and cities, county or place to which the franchise relates.

      (b) Keep the plants and appurtenances, including all tracks, cars, poles, wires, pipes, mains and other attachments, in good repair, so as not to interfere with the passage of persons or vehicles, or the safety of persons or property.

      2.  Except as otherwise provided in this subsection, the board of county commissioners may when granting such franchise, fix and direct the location of all tracks, poles, wires, mains, pipes and other appurtenances upon the public streets, alleys, avenues and highways as best to serve the convenience of the public. The board may change the location of any appurtenances and permit, upon proper showing, all necessary extensions thereof when the interest or convenience of the public requires. The board shall not require a company that provides telecommunication service or interactive computer service to place its facilities in ducts or conduits or on poles owned or leased by the county.

      3.  All poles, except poles from which trolley wires are suspended for streetcar lines, from which wires are suspended for electric railroads, power, light or heating purposes within the boundaries of unincorporated towns and over public highways must not be less than 30 feet in height, and the wires strung thereon must not be less than 25 feet above the ground.

      4.  Every person, company, association or corporation operating a telephone, [telegraph or] electric light, heat or power line, or any electric railway line, shall, with due diligence, provide itself, at its own expense, a competent electrician to cut, repair and replace wires in all cases where cutting or repairing or replacing is made necessary by the removal of buildings or other property through the public streets or highways.

      5.  No person, company, corporation or association may receive an exclusive franchise nor may any board of county commissioners grant a franchise in such manner or under such terms or conditions as to hinder or obstruct the granting of franchises to other grantees, or in such manner as to obstruct or impede reasonable competition in any business or public service to which NRS 709.050 to 709.170, inclusive, apply.

 


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      Sec. 26. NRS 709.150 is hereby amended to read as follows:

      709.150  1.  All persons, companies, associations or corporations in the business of conducting street railways, telephone, [telegraph,] electric light and power lines, gas or water mains in any of the cities, towns or places mentioned in NRS 709.050 to 709.170, inclusive, under the provisions of any other law providing for the granting of such franchises, and who or which has not fully complied with the provisions of the law under which the franchise was obtained, may, nevertheless, have and enjoy all the privileges and benefits of NRS 709.050 to 709.170, inclusive, if such person, company, association or corporation shall, within 6 months after March 23, 1909, file in the Office of the Secretary of State, and in the office of the county recorder of the county in which such person, company, corporation or association maintains its principal office or place of business, a duly executed and acknowledged acceptance of the terms, conditions and provisions of NRS 709.050 to 709.170, inclusive, which acceptance, in case of a corporation, shall be evidenced by a duly attested or certified copy of a resolution of its board of directors.

      2.  Nothing contained in this section shall be construed to relieve any such person, company, association or corporation of any duty or obligation provided in any law or contained in any franchise under which any person, company, association or corporation is operating on March 23, 1909.

      Sec. 27. NRS 710.035 is hereby amended to read as follows:

      710.035  Notwithstanding the provisions of NRS 710.030, the board of county commissioners of any county controlling and managing a telephone system, for the extension, betterment, alteration, reconstruction or other major improvement, or any combination thereof, of the system, including without limitation the purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, [telegraphic equipment,] other equipment, furnishings, transmission and distribution lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property, and appurtenances, may, at any time or from time to time, in the name and on the behalf of the county, issue:

      1.  General obligation bonds, payable from taxes;

      2.  General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system; and

      3.  Revenue bonds constituting special obligations and payable from such net revenues.

      Sec. 28. NRS 710.310 is hereby amended to read as follows:

      710.310  Subject to the provisions of NRS 710.310 to 710.390, inclusive, the governing body of the county or city, for the lease, purchase, construction, other acquisition, extension, betterment, alteration, reconstruction or other major improvement, financial assistance for operation, or any combination thereof, of a railroad system, including without limitation the lease, purchase, construction, condemnation and other acquisition of plants, stations, other buildings, structures, engines, cars, tracks, [telegraphic equipment,] signal equipment, traffic control equipment, maintenance equipment, other equipment, furnishings, electric transmission lines, other facilities, lands in fee simple, easements, rights-of-way, other interests in land, other real and personal property and appurtenances, may at any time, in the name and on the behalf of the county or the city, issue:

 


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      1.  In the manner provided in NRS 350.011 to 350.070, inclusive:

      (a) General obligation bonds, payable from taxes; and

      (b) General obligation bonds, payable from taxes, which payment is additionally secured by a pledge of the net revenues derived from the operation of the system.

      2.  Revenue bonds constituting special obligations and payable from net revenues, without the necessity of the revenue bonds being authorized at any election.

      Sec. 29. NRS 37.010 is hereby amended to read as follows:

      37.010  1.  Subject to the provisions of this chapter and the limitations in subsections 2 and 3, the right of eminent domain may be exercised in behalf of the following public uses:

      (a) Federal activities. All public purposes authorized by the Government of the United States.

      (b) State activities. Public buildings and grounds for the use of the State, the Nevada System of Higher Education and all other public purposes authorized by the Legislature.

      (c) County, city, town and school district activities. Public buildings and grounds for the use of any county, incorporated city or town, or school district, reservoirs, water rights, canals, aqueducts, flumes, ditches or pipes for conducting water for the use of the inhabitants of any county, incorporated city or town, for draining any county, incorporated city or town, for raising the banks of streams, removing obstructions therefrom, and widening, deepening or straightening their channels, for roads, streets and alleys, and all other public purposes for the benefit of any county, incorporated city or town, or the inhabitants thereof.

      (d) Bridges, toll roads, railroads, street railways and similar uses. Wharves, docks, piers, chutes, booms, ferries, bridges, toll roads, byroads, plank and turnpike roads, roads for transportation by traction engines or locomotives, roads for logging or lumbering purposes, and railroads and street railways for public transportation.

      (e) Ditches, canals, aqueducts for smelting, domestic uses, irrigation and reclamation. Reservoirs, dams, water gates, canals, ditches, flumes, tunnels, aqueducts and pipes for supplying persons, mines, mills, smelters or other works for the reduction of ores, with water for domestic and other uses, for irrigating purposes, for draining and reclaiming lands, or for floating logs and lumber on streams not navigable.

      (f) Byroads. Byroads leading from highways to residences and farms.

      (g) Public utilities. Lines for [telegraph,] telephone, electric light and electric power and sites for plants for electric light and power.

      (h) Sewerage. Sewerage of any city, town, settlement of not less than 10 families or any public building belonging to the State or college or university.

      (i) Water for generation and transmission of electricity. Canals, reservoirs, dams, ditches, flumes, aqueducts and pipes for supplying and storing water for the operation of machinery to generate and transmit electricity for power, light or heat.

      (j) Cemeteries, public parks. Cemeteries or public parks.

      (k) Pipelines for petroleum products, natural gas. Pipelines for the transportation of crude petroleum, petroleum products or natural gas, whether interstate or intrastate.

      (l) Aviation. Airports, facilities for air navigation and aerial rights-of-way.

 


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      (m) Monorails. Monorails and any other overhead or underground system used for public transportation.

      (n) Video service providers. Video service providers that are authorized pursuant to chapter 711 of NRS to operate a video service network. The exercise of the power of eminent domain may include the right to use the wires, conduits, cables or poles of any public utility if:

             (1) It creates no substantial detriment to the service provided by the utility;

             (2) It causes no irreparable injury to the utility; and

             (3) The Public Utilities Commission of Nevada, after giving notice and affording a hearing to all persons affected by the proposed use of the wires, conduits, cables or poles, has found that it is in the public interest.

      (o) Redevelopment. The acquisition of property pursuant to NRS 279.382 to 279.685, inclusive.

      2.  Notwithstanding any other provision of law and except as otherwise provided in this subsection, the public uses for which private property may be taken by the exercise of eminent domain do not include the direct or indirect transfer of any interest in the property to another private person or entity. Property taken by the exercise of eminent domain may be transferred to another private person or entity in the following circumstances:

      (a) The entity that took the property transfers the property to a private person or entity and the private person or entity uses the property primarily to benefit a public service, including, without limitation, a utility, railroad, public transportation project, pipeline, road, bridge, airport or facility that is owned by a governmental entity.

      (b) The entity that took the property leases the property to a private person or entity that occupies an incidental part of an airport or a facility that is owned by a governmental entity and, before leasing the property:

             (1) Uses its best efforts to notify the person from whom the property was taken that the property will be leased to a private person or entity that will occupy an incidental part of an airport or facility that is owned by a governmental entity; and

             (2) Provides the person from whom the property was taken with an opportunity to bid or propose on any such lease.

      (c) The entity that took the property:

             (1) Took the property in order to acquire property that was abandoned by the owner, abate an immediate threat to the safety of the public or remediate hazardous waste; and

             (2) Grants a right of first refusal to the person from whom the property was taken that allows that person to reacquire the property on the same terms and conditions that are offered to the other private person or entity.

      (d) The entity that took the property exchanges it for other property acquired or being acquired by eminent domain or under the threat of eminent domain for roadway or highway purposes, to relocate public or private structures or to avoid payment of excessive compensation or damages.

      (e) The person from whom the property is taken consents to the taking.

      3.  The entity that is taking property by the exercise of eminent domain has the burden of proving that the taking is for a public use.

      4.  For the purposes of this section, an airport authority or any public airport is not a private person or entity.

 


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ê2013 Statutes of Nevada, Page 1959 (Chapter 368, AB 486)ê

 

      Sec. 30. NRS 179.425 is hereby amended to read as follows:

      179.425  “Electronic, mechanical or other device” means any device or apparatus which can be used to intercept a wire or oral communication other than:

      1.  Any telephone [or telegraph] instrument, equipment or facility, or any component thereof:

      (a) Furnished to the subscriber or user by a communications common carrier in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business; or

      (b) Being used by a communications common carrier in the ordinary course of its business, or by an investigative or law enforcement officer in the ordinary course of his or her duties.

      2.  A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

      Sec. 31. NRS 202.582 is hereby amended to read as follows:

      202.582  1.  A person who willfully and maliciously removes, damages or destroys any utility property, agricultural infrastructure or other agricultural property, lights maintained by the State or a local government, construction site or existing structure to obtain scrap metal shall be punished pursuant to the provisions of this section.

      2.  Except as otherwise provided in subsection 3, if the value of the property removed, damaged or destroyed as described in subsection 1 is:

      (a) Less than $500, a person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (b) Five hundred dollars or more, a person who violates the provisions of subsection 1 is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  If the removal, damage or destruction described in subsection 1 causes an interruption in the service provided by any utility property, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      4.  In addition to any other penalty, the court may order a person who violates the provisions of subsection 1 to pay restitution.

      5.  In determining the value of the property removed, damaged or destroyed as described in subsection 1, the cost of replacing or repairing the property or repairing the utility property, agricultural infrastructure, agricultural property, lights, construction site or existing structure, if necessary, must be added to the value of the property.

      6.  As used in this section:

      (a) “Scrap metal” has the meaning ascribed to it in NRS 647.017.

      (b) “Utility property” means any facility, equipment or other property owned, maintained or used by a company or a city, county or other political subdivision of this State to furnish cable television or other video service, broadband service, telecommunication service, telephone service, [telegraph service,] natural gas service, water service or electric service, regardless of whether the facility, property or equipment is currently used to furnish such service.

      Sec. 32. NRS 408.407 is hereby amended to read as follows:

      408.407  1.  For the purposes of this section:

      (a) “Cost of relocation” means the entire amount paid by a utility properly attributable to the relocation of its facilities, including removal, reconstruction and replacement after deducting therefrom any increase in value of the new facility and any salvage value derived from the old facility, and includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

 


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ê2013 Statutes of Nevada, Page 1960 (Chapter 368, AB 486)ê

 

value of the new facility and any salvage value derived from the old facility, and includes the costs of all rights and interests necessary in land and the costs of any other rights required to accomplish such relocation.

      (b) “Utility” means any privately, publicly or cooperatively owned systems for supplying [telegraph,] telephone, electric power and light, gas, water, sewer and like service to the public or a segment of the public.

      2.  Whenever the Director, after consulting with the utility concerned, determines that any utility facility which now is, or hereafter may be, located in, over, along or under any highway in the federal-aid primary or secondary systems or in the interstate system, including extensions thereof within urban areas, as such systems are defined in the Federal-Aid Highway Acts and are accepted by and assented to by the State of Nevada, should be relocated, the utility owning or operating such utility facility shall relocate the same in accordance with the order of the Director. The cost of any such relocation shall be ascertained and paid by the State as part of the cost of such federally aided project, provided the proportionate part of such cost is reimbursable from federal funds under a Federal-Aid Highway Act or any other Act of Congress under which the State is entitled to reimbursement for all or part of such cost.

      3.  This section does not apply where a payment of relocation or removal costs by the State would be inconsistent with the terms of a permit issued by the Director pursuant to NRS 408.423.

      Sec. 33. NRS 496.020 is hereby amended to read as follows:

      496.020  As used in this chapter, unless the context otherwise requires:

      1.  “Air navigation facility” means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and any combination of any or all of such facilities.

      2.  “Airport” means any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas which are used for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon.

      3.  “Airport hazard” means any structure, object of natural growth, or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.

      4.  “Municipal” means pertaining to a municipality as defined in this section.

      5.  “Municipality” means any county, city or town of this state.

      6.  “Person” includes a government, a governmental agency and a political subdivision of a government.

      7.  “Public utility” means a person who operates any airline, broadcasting, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone [, telegraph] or water business in this state and who conducts such a business for a public use.

      Sec. 34. NRS 497.020 is hereby amended to read as follows:

      497.020  As used in this chapter, unless the context otherwise requires:

 


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ê2013 Statutes of Nevada, Page 1961 (Chapter 368, AB 486)ê

 

      1.  “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized in the interest of the public for such purposes.

      2.  “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at any airport, or is otherwise hazardous to the landing or taking off of aircraft.

      3.  “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter.

      4.  “Person” includes a government, a governmental agency and a political subdivision of a government.

      5.  “Political subdivision” means any county, incorporated city, unincorporated town or airport authority created by special legislative act as a quasi-municipal corporation.

      6.  “Public utility” means a person who operates any airline, broadcasting, electric, gas, pipeline, radio, railroad, rural electric, sanitary sewer, slurry, telephone [, telegraph] or water business in this State and who conducts such a business for a public use.

      7.  “Structure” means any object constructed or installed by a person, including, but without limitation, buildings, towers, smokestacks and overhead wires and other lines.

      8.  “Tree” means any object of natural growth.

      Sec. 35. NRS 707.270 and 707.290 are hereby repealed.

      Sec. 36.  The amendatory provisions of this act must not be construed to impair the vested franchise of any telephone company based upon state law in existence before the effective date of this act.

      Sec. 36.5.  This act becomes effective upon passage and approval.

________

CHAPTER 369, SB 36

Senate Bill No. 36–Committee on Commerce, Labor and Energy

 

CHAPTER 369

 

[Approved: June 2, 2013]

 

AN ACT relating to employment; establishing provisions for the collection of money owed to the Employment Security Division of the Department of Employment, Training and Rehabilitation; revising provisions concerning unemployment compensation fraud; providing for the transfer of an employer’s liabilities to the Division upon the transfer of the employer’s trade or business; prohibiting the relief of an employer’s record for experience rating of charges for benefits under certain circumstances; assigning liability for the payment of money owed to the Division upon the transfer of certain assets; providing penalties; and providing other matters properly relating thereto.

 

 


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ê2013 Statutes of Nevada, Page 1962 (Chapter 369, SB 36)ê

 

Legislative Counsel’s Digest:

      Under existing law, the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation is authorized to bring actions in district court for the repayment of fraudulently obtained benefits or to recover amounts owed to the Division by persons who commit unemployment insurance fraud. (NRS 612.365, 612.445) Sections 12-19 and 21 of this bill establish an additional method for the collection of such money. This method is modeled after the method used by the Division of Welfare and Supportive Services of the Department of Health and Human Services to enforce a court order that requires a person to make payments for the support of a child. (NRS 31A.025-31A.190) Section 12 provides that if the Administrator obtains a judgment against a person who has fraudulently obtained benefits or committed unemployment compensation fraud, the Administrator may, in addition to any other manner of executing the judgment provided by law, require each employer of the person to withhold income from the person’s wages and pay it to the Division. Sections 13-19 establish provisions for: (1) notifying a person whose income is to be withheld; (2) issuing a notice to withhold income to a person’s employer; (3) establishing an employer’s duties with respect to the withholding of income; (4) providing penalties for an employer’s violation of those duties; and (5) providing an employer with immunity from any civil action for any conduct taken in compliance with a notice to withhold income. Section 23 of this bill revises existing law concerning unemployment insurance fraud by: (1) providing that, in general, the Administrator may issue an initial determination finding that a person has committed such fraud at any time within 4 years after the first day of the benefit year in which the person committed the fraud; and (2) revising other provisions concerning the period during which the person is disqualified from receiving further benefits and the amount of the penalties that may be imposed.

      Under existing law, an employer’s contribution rate is based on the employer’s experience rating, which reflects the amount of unemployment compensation benefits that are paid to former employees and charged to the employer’s record for experience rating. Existing law also provides for the transfer of some or all of an employer’s record for experience rating when the employer transfers its trade or business to another employer. (NRS 612.550) Section 24 of this bill provides that if the transferring employer is liable to the Division for unpaid contributions, interest or forfeits, a percentage of that liability must also be transferred to the other employer. The percentage of liability transferred must be the same as the percentage of the experience record transferred.

      Under existing law, an employer who receives notice that a former employee has filed a claim for benefits is required to provide the Division with all relevant facts which may affect the claimant’s rights to benefits within 11 days after the Division mails the notice of the claim. (NRS 612.475) The amounts of any benefits paid to that claimant are charged to the employer’s record for experience rating unless circumstances exist which entitle the record to be relieved of such charges. (NRS 612.551) Section 25 of this bill provides that an employer’s record for experience rating is not entitled to be relieved of charges for the amount of any benefits erroneously paid to a claimant if the employer failed to submit timely all the information as required. This change is required to comply with federal law. (Trade Adjustment Assistance Extension Act of 2011, Pub. L. No. 112-40, § 252, 125 Stat. 402, 421-22)

      Under existing law, an employer who, outside the usual course of business, sells certain assets and quits business is required to pay to the Division the amount of all contributions, interest or forfeits accrued and unpaid on account of wages paid by the employer up to the date of the sale. If the seller fails to do so within 10 days after the sale, the purchaser of the assets becomes personally liable for the payment of those amounts. (NRS 612.695) Section 26 of this bill extends those provisions to apply in cases of the transfer of the assets of a business by means other than a sale.

 


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ê2013 Statutes of Nevada, Page 1963 (Chapter 369, SB 36)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 612 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Secs. 2-11. (Deleted by amendment.)

      Sec. 12. If the Administrator obtains a judgment against a person for:

      1.  The repayment of benefits obtained due to the person’s fraud, misrepresentation or willful nondisclosure pursuant to NRS 612.365; or

      2.  The recovery of amounts owed to the Division for committing unemployment insurance fraud in violation of NRS 612.445,

Ê the Administrator may, in addition to any other manner of executing the judgment provided by law, require each employer of the person to withhold income from the person’s wages and pay it over to the Division in accordance with the provisions of sections 12 to 19, inclusive of this act.

      Sec. 13. The Administrator shall provide to a person who is subject to the withholding of income pursuant to section 12 of this act a notice sent by first-class mail to the person’s last known address:

      1.  That his or her income is being withheld;

      2.  That a notice to withhold income applies to any current or subsequent employer;

      3.  That a notice to withhold income has been mailed to his or her employer;

      4.  Of the information provided to his or her employer pursuant to section 14 of this act;

      5.  That he or she may contest the withholding; and

      6.  Of the grounds and procedures for contesting the withholding.

      Sec. 14. 1.  The Administrator shall mail, by first-class mail, a notice to withhold income pursuant to section 12 of this act to each employer of the person who is subject to the withholding.

      2.  If an employer does not begin to withhold income from the person in accordance with section 15 of this act after receiving the notice to withhold income that was mailed pursuant to subsection 1, the Administrator shall, by certified mail, return receipt requested, mail to the employer another notice to withhold income.

      3.  A notice to withhold income pursuant to section 12 of this act may be issued electronically and must:

      (a) Contain the social security number of the person;

      (b) Specify the total amount to be withheld from the income of the person, including any interest, penalties or assessments accrued pursuant to the provisions of this chapter;

      (c) Describe the limitation for withholding income prescribed in NRS 31.295;

      (d) Describe the prohibition against terminating the employment of a person because of withholding and the penalties for wrongfully refusing to withhold in accordance with the notice to withhold income; and

      (e) Explain the duties of an employer upon the receipt of the notice to withhold income.

 


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ê2013 Statutes of Nevada, Page 1964 (Chapter 369, SB 36)ê

 

      Sec. 15. An employer who receives a notice to withhold income pursuant to section 12 of this act shall:

      1.  Withhold the amount stated in the notice from the income due to the person beginning with the first pay period that occurs within 14 days after the date the notice was mailed to the employer and continuing until:

      (a) The Administrator notifies the employer to discontinue the withholding; or

      (b) The full amount required to be paid to the Administrator has been paid, as indicated by a written statement to the employer from the Administrator;

      2.  Calculate the amount of income to be withheld from a person’s wages during each pay period in accordance with the provisions of NRS 31.295 and subject to the limitation on withholding prescribed in that section. For the purposes of this subsection, a withholding of income shall be deemed a garnishment of earnings.

      3.  Deliver the money withheld to the Administrator within 7 days after the date of each payment of the regularly scheduled payroll of the employer; and

      4.  Notify the Administrator when the person subject to withholding terminates his or her employment and provide the last known address of the person and the name of any new employer of the person, if known.

      Sec. 16. 1.  A notice to withhold income pursuant to section 12 of this act is binding upon any employer of the person to whom it is mailed. To reimburse the employer for his or her costs in making the withholding, the employer may deduct $3 from the amount paid to the person each time the employer makes a withholding.

      2.  Except as otherwise provided in subsection 3, if an employer receives notices to withhold income pursuant to section 12 of this act for more than one employee, the employer may consolidate the amounts of money that are payable to the Administrator and pay those amounts with one check, but the employer shall attach to each check a statement identifying by name and social security number each person for whom payment is made and the amount transmitted for that person.

      3.  If the provisions of NRS 353.1467 apply, the employer shall make payment to the Administrator by any method of electronic transfer of money allowed by the Administrator. If an employer makes such payment by electronic transfer of money, the employer shall transmit separately the name and appropriate identification number, if any, of each person for whom payment is made and the amount transmitted for that person.

      4.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

      Sec. 17. 1.  It is unlawful for an employer to use the withholding of income to collect an obligation to pay money to the Administrator as a basis for refusing to hire a potential employee, discharging an employee or taking disciplinary action against an employee. Any employer who violates this section shall hire or reinstate any such employee with no loss of pay or benefits, is liable for any amounts not withheld and shall be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      2.  If an employer wrongfully refuses to withhold income as required pursuant to sections 12 to 19, inclusive, of this act or knowingly misrepresents the income of an employee, the employer shall pay the amount the employer refused to withhold to the Administrator and may be ordered to pay punitive damages to the Administrator in an amount not to exceed $1,000 for each pay period the employer failed to withhold income as required or knowingly misrepresented the income of the employee.

 


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ê2013 Statutes of Nevada, Page 1965 (Chapter 369, SB 36)ê

 

misrepresents the income of an employee, the employer shall pay the amount the employer refused to withhold to the Administrator and may be ordered to pay punitive damages to the Administrator in an amount not to exceed $1,000 for each pay period the employer failed to withhold income as required or knowingly misrepresented the income of the employee.

      Sec. 18. 1.  If an employer wrongfully refuses to withhold income as required pursuant to sections 12 to 19, inclusive, of this act, after receiving a notice to withhold income that was sent by certified mail pursuant to section 14 of this act, or knowingly misrepresents the income of an employee, the Administrator may apply for and the court may issue an order directing the employer to appear and show cause why he or she should not be subject to the penalties prescribed in subsection 2 of section 17 of this act.

      2.  At the hearing on the order to show cause, the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee’s income:

      (a) May order the employer to comply with the requirements of sections 12 to 19, inclusive, of this act;

      (b) May order the employer to provide accurate information concerning the employee’s income;

      (c) May fine the employer pursuant to subsection 2 of section 17 of this act; and

      (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the employee’s income.

      Sec. 19. 1.  An employer who complies with a notice to withhold income pursuant to section 12 of this act that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

      2.  Compliance by an employer with a notice to withhold income pursuant to section 12 of this act is a discharge of the employer’s liability to the person as to that portion of the income affected.

      3.  If a court issues an order to stay a withholding of income, the Administrator may not be held liable in any civil action to the person who is the subject of the withholding of income for any money withheld before the stay becomes effective.

      Sec. 20. NRS 612.350 is hereby amended to read as follows:

      612.350  1.  [Each] An eligible person who is unemployed and otherwise entitled to receive benefits in any week must be paid for that week a benefit in an amount equal to the person’s weekly benefit amount, less 75 percent of the remuneration payable to him or her for that week.

      2.  The benefit, if not a multiple of $1, must be computed to the next lower multiple of $1.

      Sec. 21. NRS 612.365 is hereby amended to read as follows:

      612.365  1.  Any person who is overpaid any amount as benefits under this chapter is liable for the amount overpaid unless:

      (a) The overpayment was not due to fraud, misrepresentation or willful nondisclosure on the part of the recipient; and

      (b) The overpayment was received without fault on the part of the recipient, and its recovery would be against equity and good conscience, as determined by the Administrator.

      2.  The amount of the overpayment must be assessed to the liable person, and the person must be notified of the basis of the assessment. The notice must specify the amount for which the person is liable.

 


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ê2013 Statutes of Nevada, Page 1966 (Chapter 369, SB 36)ê

 

notice must specify the amount for which the person is liable. In the absence of fraud, misrepresentation or willful nondisclosure, notice of the assessment must be mailed or personally served not later than 1 year after the close of the benefit year in which the overpayment was made.

      3.  At any time within 5 years after the notice of overpayment, the Administrator may recover the amount of the overpayment by using the same methods of collection provided in NRS 612.625 to 612.645, inclusive, 612.685 and 612.686 for the collection of past due contributions or by deducting the amount of the overpayment from any benefits payable to the liable person under this chapter. If the overpayment is due to fraud, misrepresentation or willful nondisclosure, the Administrator may recover any amounts due in accordance with the provisions of sections 12 to 19, inclusive, of this act.

      4.  The Administrator may waive recovery or adjustment of all or part of the amount of any such overpayment which the Administrator finds to be uncollectible or the recovery or adjustment of which the Administrator finds to be administratively impracticable.

      5.  To the extent allowed pursuant to federal law, the Administrator may assess any administrative fee prescribed by an applicable agency of the United States regarding the recovery of such overpayments.

      6.  Any person against whom liability is determined under this section may appeal therefrom within 11 days after the date the notice provided for in this section was mailed to, or served upon, the person. An appeal must be made and conducted in the manner provided in this chapter for the appeals from determinations of benefit status. The 11-day period provided for in this subsection may be extended for good cause shown.

      Sec. 22. (Deleted by amendment.)

      Sec. 23. NRS 612.445 is hereby amended to read as follows:

      612.445  1.  A person shall not make a false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, including, without limitation, by failing to properly report earnings or by filing a claim for benefits using the social security number, name or other personal identifying information of another person. A person who violates the provisions of this subsection commits unemployment insurance fraud.

      2.  When the Administrator finds that a person has committed unemployment insurance fraud pursuant to subsection 1, the person shall repay to the Administrator for deposit in the Fund a sum equal to all of the benefits received by or paid to the person for each week with respect to which the false statement or representation was made or to which the person failed to disclose a material fact in addition to any interest, penalties and costs related to that sum. Except as otherwise provided in subsection 3 of NRS 612.480, the Administrator may make an initial determination finding that a person has committed unemployment insurance fraud pursuant to subsection 1 at any time within 4 years after the first day of the benefit year in which the person committed the unemployment insurance fraud.

      3.  Except as otherwise provided in this subsection and subsection 8, the person is disqualified from receiving unemployment compensation benefits under this chapter:

      (a) For a period beginning with the [first week claimed in violation of] week in which the Administrator issues a finding that the person has committed unemployment insurance fraud pursuant to subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or

 


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ê2013 Statutes of Nevada, Page 1967 (Chapter 369, SB 36)ê

 

committed unemployment insurance fraud pursuant to subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or

      (b) Until the sum described in subsection 2, in addition to any interest, penalties or costs related to that sum, is repaid to the Administrator,

Ê whichever is longer. The Administrator shall fix the period of disqualification according to the circumstances in each case.

      4.  It is a violation of subsection 1 for a person to file a claim, or to cause or allow a claim to be filed on his or her behalf, if:

      (a) The person is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this State; and

      (b) The claim does not expressly disclose his or her incarceration.

      5.  A person who obtains benefits of $650 or more in violation of subsection 1 shall be punished in the same manner as theft pursuant to subsection 3 or 4 of NRS 205.0835.

      6.  In addition to the repayment of benefits required pursuant to subsection 2, [if the amount of benefits which must be repaid is greater than $1,000,] the Administrator [may] :

      (a) Shall impose a penalty equal to 15 percent of the total amount of benefits received by the person in violation of subsection 1. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Unemployment Trust Fund in accordance with the provisions of NRS 612.590.

      (b) May impose a penalty equal to not more than:

      [(a)](1) If the amount of such benefits is greater than $25 but not greater than $1,000, 5 percent;

             (2) If the amount of such benefits is greater than $1,000 but not greater than $2,500, [25] 10 percent; or

      [(b)](3) If the amount of such benefits is greater than $2,500, [50] 35 percent,

Ê of the total amount of benefits received by the person in violation of subsection 1 or any other provision of this chapter. Money recovered by the Administrator pursuant to this paragraph must be deposited in the Employment Security Fund in accordance with the provisions of NRS 612.615.

      7.  Except as otherwise provided in subsection 8, a person may not pay benefits as required pursuant to subsection 2 by using benefits which would otherwise be due and payable to the person if he or she was not disqualified.

      8.  The Administrator may waive the period of disqualification prescribed in subsection 3 for good cause shown or if the person adheres to a repayment schedule authorized by the Administrator that is designed to fully repay benefits received from an improper claim, in addition to any related interest, penalties and costs, within 18 months. If the Administrator waives the period of disqualification pursuant to this subsection, the person may repay benefits as required pursuant to subsection 2 by using any benefits which are due and payable to the person, except that benefits which are due and payable to the person may not be used to repay any related interest, penalties and costs.

      9.  The Administrator may recover any money required to be paid pursuant to this section in accordance with the provisions of NRS 612.365 and may collect interest on any such money in accordance with the provisions of NRS 612.620.

 


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ê2013 Statutes of Nevada, Page 1968 (Chapter 369, SB 36)ê

 

      Sec. 23.5. NRS 612.475 is hereby amended to read as follows:

      612.475  1.  The last employing unit of any unemployed claimant and the next to last employing unit of an unemployed claimant who has not earned remuneration with his or her last covered employer equal to or exceeding his or her weekly benefit amount in each of 16 weeks must be notified of any new claim or additional claim filed by the unemployed claimant following his or her separation.

      2.  The notice of the filing of a claim must contain the claimant’s name and social security number, the reason for separation from the employing unit affected as given by the claimant, the date of separation and such other information as is deemed proper.

      3.  Upon receipt of a notice of the filing of a claim, the employing unit shall, within 11 days after the date of the mailing of the notice, submit to the Division all known relevant facts which may affect the claimant’s rights to benefits.

      4.  Any employing unit that receives a notice of the filing of a claim may protest payment of benefits to the unemployed claimant if the protest is filed within 11 days after the notice is filed.

      5.  Any employing unit which has filed a protest in accordance with the provisions of this section must be notified in writing of the determination arrived at by the Administrator or the Administrator’s Deputy, and the notice must contain a statement setting forth the right of appeal.

      6.  As used in this section:

      (a) “Additional claim” means a claim filed during the benefit year when a break of 1 week or more has occurred in the series of claims with intervening employment.

      (b) “New claim” means an application for a determination of eligibility and benefits, benefit amount and duration of benefits which certifies to the beginning date of a first period of unemployment in a benefit year or the continuance of a period of unemployment into a new benefit year.

      Sec. 24. NRS 612.550 is hereby amended to read as follows:

      612.550  1.  As used in this section:

      (a) “Average actual duration” means the number of weeks obtained by dividing the number of weeks of benefits paid for weeks of total unemployment in a consecutive 12-month period by the number of first payments made in the same 12-month period.

      (b) “Average annual payroll” for each calendar year means the annual average of total wages paid by an employer subject to contributions for the 3 consecutive calendar years immediately preceding the computation date. The average annual payroll for employers first qualifying as eligible employers must be computed on the total amount of wages paid, subject to contributions, for not less than 10 consecutive quarters and not more than 12 consecutive quarters ending on December 31, immediately preceding the computation date.

      (c) “Beneficiary” means a person who has received a first payment.

      (d) “Computation date” for each calendar year means June 30 of the preceding calendar year.

      (e) “Covered worker” means a person who has worked in employment subject to this chapter.

      (f) “First payment” means the first weekly unemployment insurance benefit paid to a person in the person’s benefit year.

 


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ê2013 Statutes of Nevada, Page 1969 (Chapter 369, SB 36)ê

 

      (g) “Reserve balance” means the excess, if any, of total contributions paid by each employer over total benefit charges to that employer’s experience rating record.

      (h) “Reserve ratio” means the percentage ratio that the reserve balance bears to the average annual payroll.

      (i) “Total contributions paid” means the total amount of contributions, due on wages paid on or before the computation date, paid by an employer not later than the last day of the second month immediately following the computation date.

      (j) “Unemployment risk ratio” means the ratio obtained by dividing the number of first payments issued in any consecutive 12-month period by the average monthly number of covered workers in employment as shown on the records of the Division for the same 12-month period.

      2.  The Administrator shall, as of the computation date for each calendar year, classify employers in accordance with their actual payrolls, contributions and benefit experience, and shall determine for each employer the rate of contribution which applies to that employer for each calendar year in order to reflect his or her experience and classification. The contribution rate of an employer may not be reduced below 2.95 percent, unless there have been 12 consecutive calendar quarters immediately preceding the computation date throughout which the employer has been subject to this chapter and his or her account as an employer could have been charged with benefit payments, except that an employer who has not been subject to the law for a sufficient period to meet this requirement may qualify for a rate less than 2.95 percent if his or her account has been chargeable throughout a lesser period not less than the 10-consecutive-calendar-quarter period ending on the computation date.

      3.  Any employer who qualifies under paragraph (b) of subsection 9 and receives the experience record of a predecessor employer must be assigned the contribution rate of the predecessor.

      4.  Benefits paid to a person up to and including the computation date must be charged against the records, for experience rating, of the person’s base-period employers in the same percentage relationship that wages reported by individual employers represent to total wages reported by all base period employers, except that:

      (a) If one of the base period employers has paid 75 percent or more of the wages paid to the person during the person’s base period, and except as otherwise provided in NRS 612.551, the benefits, less a proportion equal to the proportion of wages paid during the base period by employers who make reimbursement in lieu of contributions, must be charged to the records for experience rating of that employer. The proportion of benefits paid which is equal to the part of the wages of the claimant for the base period paid by an employer who makes reimbursement must be charged to the record of that employer.

      (b) No benefits paid to a multistate claimant based upon entitlement to benefits in more than one state may be charged to the experience rating record of any employer when no benefits would have been payable except pursuant to NRS 612.295.

      (c) Except for employers who have been given the right to make reimbursement in lieu of contributions, extended benefits paid to a person must not be charged against the accounts of the person’s base-period employers.

 


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ê2013 Statutes of Nevada, Page 1970 (Chapter 369, SB 36)ê

 

      5.  The Administrator shall, as of the computation date for each calendar year, compute the reserve ratio for each eligible employer and shall classify those employers on the basis of their individual reserve ratios. The contribution rate assigned to each eligible employer for the calendar year must be determined by the range within which the employer’s reserve ratio falls. The Administrator shall, by regulation, prescribe the contribution rate schedule to apply for each calendar year by designating the ranges of reserve ratios to which must be assigned the various contribution rates provided in subsection 6. The lowest contribution rate must be assigned to the designated range of highest reserve ratios and each succeeding higher contribution rate must be assigned to each succeeding designated range of lower reserve ratios, except that, within the limits possible, the differences between reserve ratio ranges must be uniform.

      6.  Each employer eligible for a contribution rate based upon experience and classified in accordance with this section must be assigned a contribution rate by the Administrator for each calendar year according to the following classes:

 

Class 1.......................................................................................... 0.25 percent

Class 2.......................................................................................... 0.55 percent

Class 3.......................................................................................... 0.85 percent

Class 4.......................................................................................... 1.15 percent

Class 5.......................................................................................... 1.45 percent

Class 6.......................................................................................... 1.75 percent

Class 7.......................................................................................... 2.05 percent

Class 8.......................................................................................... 2.35 percent

Class 9.......................................................................................... 2.65 percent

Class 10........................................................................................ 2.95 percent

Class 11........................................................................................ 3.25 percent

Class 12........................................................................................ 3.55 percent

Class 13........................................................................................ 3.85 percent

Class 14........................................................................................ 4.15 percent

Class 15........................................................................................ 4.45 percent

Class 16........................................................................................ 4.75 percent

Class 17........................................................................................ 5.05 percent

Class 18........................................................................................ 5.40 percent

 

      7.  On September 30 of each year, the Administrator shall determine:

      (a) The highest of the unemployment risk ratios experienced in the 109 consecutive 12-month periods in the 10 years ending on March 31;

      (b) The potential annual number of beneficiaries found by multiplying the highest unemployment risk ratio by the average monthly number of covered workers in employment as shown on the records of the Division for the 12 months ending on March 31;

      (c) The potential annual number of weeks of benefits payable found by multiplying the potential number of beneficiaries by the highest average actual duration experienced in the 109 consecutive 12-month periods in the 10 years ending on September 30; and

      (d) The potential maximum annual benefits payable found by multiplying the potential annual number of weeks of benefits payable by the average payment made to beneficiaries for weeks of total unemployment in the 12 months ending on September 30.

 


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ê2013 Statutes of Nevada, Page 1971 (Chapter 369, SB 36)ê

 

      8.  The Administrator shall issue an individual statement, itemizing benefits charged during the 12-month period ending on the computation date, total benefit charges, total contributions paid, reserve balance and the rate of contributions to apply for that calendar year, for each employer whose account is in active status on the records of the Division on January 1 of each year and whose account is chargeable with benefit payments on the computation date of that year.

      9.  If an employer transfers its trade or business, or a portion thereof, to another employer:

      (a) And there is substantially common ownership, management or control of the employers, the experience record attributable to the transferred trade or business must be transferred to the employer to whom the trade or business is transferred. The rates of both employers must be recalculated, and the recalculated rates become effective on the date of the transfer of the trade or business. If the Administrator determines, following the transfer of the experience record pursuant to this paragraph, that the sole or primary purpose of the transfer of the trade or business was to obtain a reduced liability for contributions, the Administrator shall combine the experience rating records of the employers involved into a single account and assign a single rate to the account.

      (b) And there is no substantially common ownership, management or control of the employers, the experience record of an employer may be transferred to a successor employer as of the effective date of the change of ownership if:

             (1) The successor employer acquires the entire or a severable and distinct portion of the business, or substantially all of the assets, of the employer;

             (2) The successor employer notifies the Division of the acquisition in writing within 90 days after the date of the acquisition;

             (3) The employer and successor employer submit a joint application to the Administrator requesting the transfer; and

             (4) The joint application is approved by the Administrator.

Ê The joint application must be submitted within 1 year after the date of issuance by the Division of official notice of eligibility to transfer.

      (c) Except as otherwise provided in paragraph (a), a transfer of the experience record must not be completed if the Administrator determines that the acquisition was effected solely or primarily to obtain a more favorable contribution rate.

      (d) Any liability to the Division for unpaid contributions, interest or forfeit attributable to the transferred trade or business must be transferred to the successor employer. The percentage of liability transferred must be the same as the percentage of the experience record transferred.

      10.  Whenever an employer has paid no wages in employment for 8 consecutive calendar quarters following the last calendar quarter in which the employer paid wages for employment, the Administrator shall terminate the employer’s experience rating account, and the account must not thereafter be used in any rate computation.

      11.  The Administrator may adopt reasonable accounting methods to account for those employers which are in a category for providing reimbursement in lieu of contributions.

 


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ê2013 Statutes of Nevada, Page 1972 (Chapter 369, SB 36)ê

 

      Sec. 25. NRS 612.551 is hereby amended to read as follows:

      612.551  1.  Except as otherwise provided in subsections 2 , 3 and [3,] 7, if the Division determines that a claimant has earned 75 percent or more of his or her wages during his or her base period from one employer, it shall notify the employer of its determination and advise him or her that he or she has a right to protest the charging of benefits to his or her account pursuant to subsection 4 of NRS 612.550.

      2.  Benefits paid pursuant to an elected base period in accordance with NRS 612.344 must not be charged against the record for experience rating of the employer.

      3.  [If] Except as otherwise provided in subsection 7, if a claimant leaves his or her last or next to last employer to take other employment and leaves or is discharged by the latter employer, benefits paid to the claimant must not be charged against the record for experience rating of the former employer.

      4.  If the employer provides evidence within 10 working days after the notice required by subsection 1 was mailed which satisfies the Administrator that the claimant:

      (a) Left his or her employment voluntarily without good cause or was discharged for misconduct connected with the employment; or

      (b) Was the spouse of an active member of the Armed Forces of the United States and left his or her employment because the spouse was transferred to a different location,

Ê the Administrator shall order that the benefits not be charged against the record for experience rating of the employer.

      5.  The employer may appeal from the ruling of the Administrator relating to the cause of the termination of the employment of the claimant in the same manner as appeals may be taken from determinations relating to claims for benefits.

      6.  A determination made pursuant to this section does not constitute a basis for disqualifying a claimant to receive benefits.

      7.  If an employer who is given notice of a claim for benefits pursuant to subsection 1 fails to submit timely to the Division all known relevant facts which may affect the claimant’s rights to benefits as required by NRS 612.475, the employer’s record for experience rating is not entitled to be relieved of the amount of any benefits paid to the claimant as a result of such failure that were charged against the employer’s record pursuant to NRS 612.550 or 612.553.

      Sec. 26. NRS 612.615 is hereby amended to read as follows:

      612.615  1.  There is hereby created the Employment Security Fund as a special revenue fund.

      2.  [All] Except as otherwise provided in paragraph (a) of subsection 6 of NRS 612.445, all interest and forfeits collected under NRS 612.618 to 612.675, inclusive, and 612.740 and sections 12 to 19, inclusive, of this act must be paid into the Fund.

      3.  All money which is deposited or paid into the Fund is hereby appropriated and made available to the Administrator or for any other purpose authorized by the Legislature. The money may not be expended or made available for expenditure in any manner which would permit its substitution for, or a corresponding reduction in, federal payments which would, in the absence of this money, be available to finance expenditures for the administration of the employment security laws of the State of Nevada.

 


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ê2013 Statutes of Nevada, Page 1973 (Chapter 369, SB 36)ê

 

      4.  This section does not prevent this money from being used as a revolving fund to cover expenditures, necessary and proper under the law, for which federal payments have been duly requested but not yet received, subject to the repayment to the Fund of such expenditures when received.

      5.  [The] Except as otherwise provided in this section, money in this Fund available to the Administrator must be used by the Administrator for the payment of costs of:

      (a) Administration which are found not to have been properly and validly chargeable against federal grants received for or in the Unemployment Compensation Administration Fund; or

      (b) Any program or the implementation of procedures deemed necessary by the Administrator to ensure the proper payment of benefits and collection of contributions and reimbursements pursuant to this chapter or for any other purpose authorized by the Legislature.

      6.  The Administrator may use money deposited in this Fund from a penalty imposed pursuant to paragraph (b) of subsection 6 of NRS 612.445 for any purpose that furthers the integrity of the system of unemployment compensation established pursuant to this chapter.

      7.  Any balances in this Fund do not lapse at any time, but are continuously available to the Administrator for expenditure consistent with this chapter.

      [7.] 8.  Money in this Fund must not be commingled with other state money, but must be maintained in a separate account on the books of the depositary.

      Sec. 27. NRS 612.655 is hereby amended to read as follows:

      612.655  1.  Where a payment of contributions, forfeit or interest has been erroneously collected, an employer may, not later than 3 years after the date on which such payments became due, make application for an adjustment thereof in connection with subsequent contributions, forfeit or interest payments or for a refund. All such adjustments or refunds will be made without interest. An adjustment or refund will not be made in any case with respect to contributions on wages which have been included in the determination of an eligible claim for benefits, unless it is shown to the satisfaction of the Administrator that such determination was due entirely to the fault or mistake of the Division.

      2.  Refunds of interest and forfeit collected under NRS 612.618 to 612.675, inclusive, and 612.740 and sections 12 to 19, inclusive, of this act and paid into the Employment Security Fund established by NRS 612.615 must be made only from the Employment Security Fund.

      Sec. 28. NRS 612.695 is hereby amended to read as follows:

      612.695  1.  Any employer who, outside the usual course of the employer’s business, sells or transfers substantially all or any one of the classes of assets enumerated in subsection 1 of NRS 612.690 and quits business, shall within 10 days after the sale or transfer file such reports as the Administrator may prescribe and pay the contributions, interest or forfeits required by this chapter with respect to wages for employment to the date of the sale [.] or transfer.

      2.  In the case of a sale:

      (a) The purchaser shall withhold sufficient of the purchase money to cover the amount of all contributions , interest and forfeits due and unpaid until such time as the seller produces a receipt from the Administrator showing that the contributions , interest and forfeits have been paid or a certificate showing that no contributions , interest or forfeits are due.

 


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ê2013 Statutes of Nevada, Page 1974 (Chapter 369, SB 36)ê

 

showing that the contributions , interest and forfeits have been paid or a certificate showing that no contributions , interest or forfeits are due.

      [3.](b) If the seller fails, within the 10-day period, to produce the receipt or certificate, the purchaser shall pay the sum so withheld to the Administrator upon demand.

      [4.](c) If the purchaser fails to withhold purchase money as provided in [subsection 2] paragraph (a) and the contributions, interest and forfeits are not paid within the 10 days specified in this section, the purchaser is personally liable for the payment of the contributions , interest and forfeits accrued and unpaid on account of the operation of the business by the former owner.

      3.  In the case of a transfer other than a sale, if the contributions, interest and forfeits are not paid within the 10 days specified in this section, the transferee is personally liable for the payment of the contributions, interest and forfeits accrued and unpaid on account of the operation of the business by the former owner.

      Sec. 29. (Deleted by amendment.)

      Sec. 30.  The provisions of NRS 612.551, as amended by section 25 of this act, do not apply to a claim for benefits paid before October 21, 2013.

      Sec. 31. (Deleted by amendment.)

      Sec. 32.  This act becomes effective upon passage and approval.

________

CHAPTER 370, SB 170

Senate Bill No. 170–Committee on Commerce, Labor and Energy

 

CHAPTER 370

 

[Approved: June 2, 2013]

 

AN ACT relating to automotive repairs; authorizing a body shop to impose certain charges for storage of a motor vehicle; requiring that body shops include rates for storage of vehicles in written estimates; requiring that body shops notify certain registered owners of a motor vehicle of charges for storage; revising provisions governing information that body shops are required to submit to the Department of Motor Vehicles; requiring that body shops and garage operators inform certain persons as to the forms of payment which the shop or garage accepts; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a body shop may charge for storage of a motor vehicle if the owner or insurer of the motor vehicle elects to take possession of the motor vehicle instead of authorizing certain repairs and fails to take possession within 24 hours after that election. (NRS 487.6881) Section 2 of this bill authorizes a body shop, under certain circumstances, to impose a charge for storage of a motor vehicle that is in the possession of the body shop for repairs. Section 2 also provides that any such charge for storage of a motor vehicle must not exceed an amount that is one and one-half times the average prevailing rate for storage charged by body shops in the same geographic area, as determined by the Department of Motor Vehicles, except that a body shop may request a hearing by the Department to show good cause as to why the body shop should be allowed to impose a charge which exceeds that limit.

 


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ê2013 Statutes of Nevada, Page 1975 (Chapter 370, SB 170)ê

 

      Under existing law, a body shop must complete an on-line survey to report certain information, including the labor rate charged by the body shop, to the Department of Motor Vehicles within 60 days immediately preceding the date of submission of the application for renewal of the license of the body shop. (NRS 487.685) Section 5 of this bill requires that a body shop also report to the Department in the on-line survey the rate charged by the body shop for storage of vehicles, if any, including both an indoor vehicle storage rate and an outdoor vehicle storage rate, if those rates differ. Section 6 of this bill requires the Department to calculate and post the prevailing storage rates for each specific geographic area in a report that must be made available to the public on-line. (NRS 487.686)

      Existing law requires a body shop to provide to a person requesting or authorizing the repair of a motor vehicle a written estimate or statement indicating the total charge for the repair, including the charge for labor and all parts and accessories necessary to perform the work. (NRS 487.6875) Existing law also requires a body shop to display in its place of business a sign setting forth various rights of the customer, including the right to receive a written estimate of charges for repairs made to the vehicle which exceed $50. (NRS 487.6871) Section 9 of this bill requires that the person requesting or authorizing the repair is also entitled to receive from the body shop a written statement of charges for storage of the vehicle, if any, which could exceed $50. Section 7 of this bill provides that the sign in a body shop which is required to set forth the various rights of the customer must also include language stating that the customer is entitled to receive a written statement of charges for storage of the vehicle, if any, which could exceed $50. Section 7 also requires such signs to display the Internet address of the Division of Compliance Enforcement of the Department of Motor Vehicles and the telephone number of the closest office of the Division.

      Section 3 of this bill provides that if a motor vehicle is towed to a body shop at the request of someone other than the registered owner or an authorized agent of the owner, the body shop which receives the motor vehicle must make reasonable attempts to notify the registered owner of the motor vehicle of the location of the vehicle. Section 3 further provides that the body shop may impose a charge for storage of such a motor vehicle.

      Section 3.5 of this bill requires under certain circumstances that body shops and garage operators inform certain persons as to the forms of payment which the shop or garage accepts.

      Sections 12-14 of this bill provide for injunctive relief, civil penalties and a criminal misdemeanor penalty for violations of the provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 487 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 3.5 of this act.

      Sec. 2. 1.  Except as otherwise provided in NRS 487.6881, a body shop may impose a reasonable charge for storage of a motor vehicle that is in the possession of the body shop except that no such charge may be imposed:

      (a) For any day when the motor vehicle is being repaired, inspected, test driven or otherwise worked on by the body shop;

      (b) For any day when the motor vehicle is being inspected, test driven or otherwise worked on by the insurer of the motor vehicle or by the body shop at the request of the insurer of the vehicle;

      (c) For 24 hours after the person who authorized the repair of the motor vehicle has been notified that the repairs are completed; and

 


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ê2013 Statutes of Nevada, Page 1976 (Chapter 370, SB 170)ê

 

      (d) For any day that the motor vehicle is not being repaired, inspected, test driven or otherwise worked on due to a delay caused by anyone other than the owner of the motor vehicle, except that if the delay is due to the failure of the insurer to respond to a request by the body shop for inspection, authorization or other service by the insurer, a storage charge may be imposed 24 hours after the body shop made the request of the insurer.

      2.  Except as otherwise provided in subsection 3, the rate charged by a body shop for storage of a motor vehicle pursuant to subsection 1 shall be deemed reasonable if it does not exceed an amount equal to one and one-half times the prevailing storage rates for the specific geographic area in which the body shop is located, as made available to the public pursuant to NRS 487.686.

      3.  A body shop that wishes to impose a charge for storage of a motor vehicle which exceeds the amount allowable pursuant to subsection 2 may petition the Department in writing for a hearing. The Department shall conduct a hearing within 30 days after receipt of the petition, or as soon thereafter as is practicable, which, if practicable, must be conducted in the county where the body shop is located. The scope of the hearing must be limited to evidence presented by the body shop of good cause to impose a charge for storage of a motor vehicle which exceeds the amount otherwise allowable pursuant to subsection 2. The hearing officer shall render his or her determination not later than 10 days after the date of the hearing. The decision of the hearing officer pursuant to this subsection is a final decision for purposes of judicial review.

      Sec. 3. 1.  If a motor vehicle is towed to a body shop at the request of someone other than the registered owner of the motor vehicle, the body shop shall use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this or any other state and:

      (a) Notify the registered owner of the location of the vehicle.

      (b) Provide the registered owner with the information required pursuant to section 3.5 of this act.

      2.  Any charge imposed for storage of a motor vehicle pursuant to this section must meet the requirements of section 2 of this act.

      Sec. 3.5. 1.  A body shop or garage operator, as applicable, must inform a person regarding the types of payment the body shop or garage accepts:

      (a) If the person is a prospective customer or customer, before the prospective customer or customer authorizes the body shop or garage operator to perform repair work on his or her vehicle; and

      (b) In the specific instance of a body shop, if the:

             (1) Person is the registered owner of the vehicle;

             (2) Vehicle is towed to the body shop at the request of someone other than the registered owner of the motor vehicle; and

             (3) Body shop notifies the registered owner of the location of the vehicle,

Ê as required pursuant to section 3 of this act.

      2.  The information required to be provided pursuant to subsection 1:

      (a) Must be in writing;

      (b) May be incorporated into a form already used by the body shop or garage operator for another purpose, including, without limitation, a form used to authorize repairs or estimate the cost of repairs or storage; and

 


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ê2013 Statutes of Nevada, Page 1977 (Chapter 370, SB 170)ê

 

      (c) Must set forth, without limitation:

             (1) Whether the body shop or garage provides the service of directly billing an insurance company for any payment due;

             (2) Whether the body shop or garage accepts only cash as payment;

             (3) Whether the body shop or garage accepts credit or debit cards;

             (4) If the body shop or garage accepts credit or debit cards, or both:

                   (I) The brand or type of such cards the body shop or garage accepts; and

                   (II) Whether the body shop or garage imposes a fee or surcharge for the use of a credit or debit card;

             (5) Whether the body shop or garage accepts personal checks or travelers’ checks; and

             (6) If the body shop or garage does not accept only cash as payment, whether the body shop or garage offers a discount for making payment in the form of cash.

      Sec. 4. NRS 487.530 is hereby amended to read as follows:

      487.530  As used in NRS 487.530 to 487.690, inclusive, and sections 2, 3 and 3.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 487.532 to 487.553, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 487.685 is hereby amended to read as follows:

      487.685  1.  A body shop licensed in this State must complete an on-line survey within 60 days immediately preceding the date of the submission of the application for renewal of the license of the body shop.

      2.  The Department shall conduct the survey by providing a form on its website or other Internet site to be completed by each body shop and submitted electronically to the Department.

      3.  Each survey must include, without limitation:

      (a) The name and address of the body shop;

      (b) The labor rate charged by the body shop; [and]

      (c) The vehicle storage rate charged by the body shop, if any, both for indoor storage and outdoor storage, if those rates differ; and

      (d) Any other information the Department deems necessary.

      4.  The information obtained from each survey must be available to the public on-line not more than 30 days after the renewal of the body shop’s license.

      Sec. 6. NRS 487.686 is hereby amended to read as follows:

      487.686  1.  The Department must compile the results of each survey completed pursuant to NRS 487.685 in a report which must be made available to the public on-line. The report must include, without limitation:

      (a) The names and addresses of all body shops that complete the survey;

      (b) [The prevailing labor rate for] For body shops in a specific geographic area as established by the Department [; and] :

             (1) The prevailing labor rate;

             (2) The prevailing indoor vehicle storage rate; and

             (3) The prevailing outdoor vehicle storage rate; and

      (c) Any other information the Department deems necessary.

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

      (a) “Prevailing indoor vehicle storage rate” means the average daily charge for storing a motor vehicle indoors, as reported in the survey for a specific geographic area.

 


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ê2013 Statutes of Nevada, Page 1978 (Chapter 370, SB 170)ê

 

      (b) “Prevailing labor rate” means the average labor rate , as reported in the survey [in] for a specific geographic area.

      (c) “Prevailing outdoor vehicle storage rate” means the average daily charge for storing a motor vehicle outdoors, as reported in the survey for a specific geographic area.

      Sec. 7. NRS 487.6871 is hereby amended to read as follows:

      487.6871  1.  Each garage operator shall display conspicuously in those areas of his or her place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

REGISTERED GARAGE

 

THIS GARAGE IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is REGISTERED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 487.6871)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50. (NRS 487.6875)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 487.6871)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 487.6883)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 487.6883)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 487.6877)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle. (NRS 487.6893)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 


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ê2013 Statutes of Nevada, Page 1979 (Chapter 370, SB 170)ê

 

      2.  Each body shop shall display conspicuously in those areas of its place of business frequented by persons seeking repairs on motor vehicles a sign, not less than 22 inches by 28 inches in size, setting forth in boldface letters the following:

 

STATE OF NEVADA

 

LICENSED BODY SHOP

 

THIS BODY SHOP IS LICENSED BY THE DEPARTMENT OF MOTOR VEHICLES

 

NEVADA AUTOMOTIVE REPAIR CUSTOMER BILL OF RIGHTS

 

AS A CUSTOMER IN NEVADA:

 

YOU have the right to receive repairs from a business that is LICENSED with the Department of Motor Vehicles that will ensure the proper repair of your vehicle. (NRS 487.6871)

 

YOU have the right to receive a WRITTEN ESTIMATE of charges for repairs made to your vehicle which exceed $50 [.] and, if any, the rate of and circumstances under which you will be charged more than $50 for the storage of your vehicle. (NRS 487.6875)

 

YOU have the right to read and understand all documents and warranties BEFORE YOU SIGN THEM. (NRS 487.6871)

 

YOU have the right to INSPECT ALL REPLACED PARTS and accessories that are covered by a warranty and for which a charge is made. (NRS 487.6883)

 

YOU have the right to request that all replaced parts and accessories that are not covered by a warranty BE RETURNED TO YOU AT THE TIME OF SERVICE. (NRS 487.6883)

 

YOU have the right to require authorization BEFORE any additional repairs are made to your vehicle if the charges for those repairs exceed 20% of the original estimate or $100, whichever is less. (NRS 487.6877)

 

YOU have the right to receive a COMPLETED STATEMENT OF CHARGES for repairs made to your vehicle [.] and for storage of your vehicle, if applicable. (NRS 487.6893)

 

FOR MORE INFORMATION PLEASE CONTACT:

 

THE DEPARTMENT OF MOTOR VEHICLES

 

 


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ê2013 Statutes of Nevada, Page 1980 (Chapter 370, SB 170)ê

 

      3.  The sign required pursuant to the provisions of subsection 1 or 2 must include a replica of the Great Seal of the State of Nevada. The Seal must be 2 inches in diameter and be centered on the face of the sign directly above the words “STATE OF NEVADA.”

      4.  The sign required pursuant to the provisions of subsection 1 or 2 must also include the words “The Compliance Enforcement Division of the Department of Motor Vehicles can be reached at,” followed by the Internet address of the Compliance Enforcement Division and the telephone number of the nearest office of the Compliance Enforcement Division.

      5.  Any person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 8. NRS 487.6873 is hereby amended to read as follows:

      487.6873  Whenever any body shop or garage operator accepts or assumes control of a motor vehicle for the purpose of making or completing any repair, the body shop or garage operator shall comply with the provisions of NRS 487.6873 to 487.6893, inclusive [.] , and sections 2, 3 and 3.5 of this act.

      Sec. 9. NRS 487.6875 is hereby amended to read as follows:

      487.6875  1.  Except as otherwise provided in NRS 487.6879, a person requesting or authorizing the repair of a motor vehicle that is more than $50 must be furnished a written estimate or statement signed by the person making the estimate or statement on behalf of the body shop or garage operator indicating the total charge for the performance of the work necessary to accomplish the repair, including the charge for labor and all parts and accessories necessary to perform the work.

      2.  If the estimate is for the purpose of diagnosing a malfunction, the estimate must include the cost of:

      (a) Diagnosis and disassembly; and

      (b) Reassembly, if the person does not authorize the repair.

      3.  In an estimate furnished pursuant to subsection 1, a body shop shall include, if any, the rate of and circumstances under which the person requesting or authorizing the repair would incur a charge for storage that exceeds $50.

      4.  The provisions of this section do not require a body shop or garage operator to reassemble a motor vehicle if the body shop or garage operator determines that the reassembly of the motor vehicle would render the vehicle unsafe to operate.

      Sec. 10. NRS 487.6881 is hereby amended to read as follows:

      487.6881  1.  An owner and the insurer of a motor vehicle who have been notified of additional charges pursuant to NRS 487.6877 shall:

      (a) Authorize the performance of the repair at the additional expense; or

      (b) Without delay, and upon payment of the authorized charges, take possession of the motor vehicle.

      2.  Until the election provided for in subsection 1 has been made, the body shop or garage operator shall not undertake any repair which would involve such additional charges.

      3.  If the owner or insurer of the motor vehicle elects to take possession of the motor vehicle but fails to take possession within a 24-hour period after the election [, the body shop or] :

      (a) The garage operator may charge for storage of the motor vehicle.

      (b) The body shop may impose a reasonable charge for storage of the motor vehicle in accordance with the provisions of section 2 of this act.

 


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ê2013 Statutes of Nevada, Page 1981 (Chapter 370, SB 170)ê

 

      Sec. 11. NRS 487.6893 is hereby amended to read as follows:

      487.6893  1.  If charges are made for the repair of a motor vehicle, the garage operator or body shop making the charges shall present to the person authorizing repairs or the person entitled to possession of the motor vehicle a statement of the charges setting forth the following information:

      (a) The name and signature of the person authorizing repairs;

      (b) A statement of the total charges;

      (c) An itemization and description of all parts used to repair the motor vehicle indicating the charges made for labor; [and]

      (d) [A] In the case of a garage operator, a description of all other charges [.] ; and

      (e) In the case of a body shop, a description of all other charges, including, without limitation, charges, if any, for storage of the motor vehicle.

      2.  Any person violating this section is guilty of a misdemeanor.

      3.  In the case of a motor vehicle registered in this State, no lien for labor or materials provided under NRS 108.265 to 108.367, inclusive, may be enforced by sale or otherwise unless a statement as described in subsection 1 has been given by delivery in person or by certified mail to the last known address of the registered owner and the legal owner of the motor vehicle. In all other cases, the notice must be made to the last known address of the registered owner and any other person known to have or to claim an interest in the motor vehicle.

      Sec. 12. NRS 487.6895 is hereby amended to read as follows:

      487.6895  The Attorney General or any district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada on the complaint of the Director, or of any person allegedly aggrieved by a violation of the provisions of NRS 487.6875 to 487.6893, inclusive, and sections 2, 3 and 3.5 of this act to enjoin any violation of the provisions of NRS 487.6875 to 487.6893, inclusive [.] , and sections 2, 3 and 3.5 of this act.

      Sec. 13. NRS 487.6897 is hereby amended to read as follows:

      487.6897  Any person who knowingly violates any provision of NRS 487.6873 to 487.6893, inclusive, and sections 2, 3 and 3.5 of this act is liable, in addition to any other penalty or remedy which may be provided by law, to a civil penalty of not more than $500 for each offense, which may be recovered by civil action on complaint of the Director or the district attorney.

      Sec. 14. NRS 487.690 is hereby amended to read as follows:

      487.690  Any person who violates any of the provisions of NRS 487.530 to 487.690, inclusive, and sections 2, 3 and 3.5 of this act is guilty of a misdemeanor.

      Sec. 15.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 1982ê

 

CHAPTER 371, SB 208

Senate Bill No. 208–Senator Kihuen

 

CHAPTER 371

 

[Approved: June 2, 2013]

 

AN ACT relating to police officers; revising the definition of “police officer” to include court bailiffs and deputy marshals in district courts and justice courts primarily for purposes of certain provisions relating to occupational diseases; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law defines “police officer” to include various law enforcement officers in this State for purposes of certain provisions relating to the Nevada Occupational Diseases Act. (NRS 617.135) This bill expands the definition of “police officer” to include court bailiffs and deputy marshals in district courts and justice courts. Furthermore, because various other provisions of NRS reference “police officer” as that term is defined in the Act, this bill makes applicable to court bailiffs and deputy marshals in district courts and justice courts certain provisions concerning: (1) industrial insurance coverage; (2) exemption from service as grand or trial jurors; (3) compensation for police officers with temporary disabilities; and (4) certain programs of group insurance or other medical or hospital service for the surviving spouse or any child of police officers and firefighters. (NRS 6.020, 281.153, 287.021, 287.0477, chapters 616A-616D of NRS)

 

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 617.135 is hereby amended to read as follows:

      617.135  “Police officer” includes:

      1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city police officer;

      2.  A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety;

      3.  A chief, investigator or agent of the Investigation Division of the Department of Public Safety;

      4.  A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety;

      5.  A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;

      6.  A chief or investigator of the Department of Public Safety whose duties include, without limitation:

      (a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and

      (b) The provision of technology support services to the Director and the divisions of the Department of Public Safety;

      7.  An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles;

 


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ê2013 Statutes of Nevada, Page 1983 (Chapter 371, SB 208)ê

 

      8.  An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;

      9.  A member of the police department of the Nevada System of Higher Education;

      10.  A:

      (a) Uniformed employee of; or

      (b) Forensic specialist employed by,

Ê the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

      11.  A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;

      12.  A forensic specialist or correctional officer employed by the Division of Mental Health and Developmental Services of the Department of Health and Human Services at facilities for mentally disordered offenders;

      13.  The State Fire Marshal and his or her assistant and deputies;

      14.  A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280; [and]

      15.  A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260 [.] ; and

      16.  A bailiff or a deputy marshal of the district court or justice court whose duties require him or her to carry a weapon and to make arrests.

________

CHAPTER 372, SB 217

Senate Bill No. 217–Senator Manendo (by request)

 

CHAPTER 372

 

[Approved: June 2, 2013]

 

AN ACT relating to county roads; revising provisions relating to the manner of performing work for the construction and repair of roads and bridges in smaller counties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties), the county commissioners of the county make up the board of county highway commissioners. (NRS 403.010) With exceptions for emergencies and instances in which a county performs its own work with day labor and county equipment, if the construction of any superstructure related to a county road may require the expenditure of $500 or more, the board of county highway commissioners is required to advertise for bids and let contracts pursuant to certain competitive bidding provisions imposed on local government. (NRS 332.039, 403.490) Section 1 of this bill provides that if the probable cost of road work does not exceed $100,000, a county may advertise for bids and let contracts pursuant to chapter 332 or 338 of NRS or may perform its own work with county employees or day labor and using county equipment. If the probable cost of the work exceeds $100,000, a county is required to advertise for bids and let contracts pursuant to chapter 332 or 338 of NRS, except that, in a county whose population is less than 45,000 (currently Churchill, Esmeralda, Eureka, Humboldt, Lander, Lincoln, Mineral, Nye, Pershing, Storey and White Pine Counties), the board of county highway commissioners may instead determine, at a hearing and with the provision of certain notice requirements, to perform the work with county employees or day labor and using county equipment if the estimated cost of the project is more than $100,000 but less than $250,000.

 


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ê2013 Statutes of Nevada, Page 1984 (Chapter 372, SB 217)ê

 

commissioners may instead determine, at a hearing and with the provision of certain notice requirements, to perform the work with county employees or day labor and using county equipment if the estimated cost of the project is more than $100,000 but less than $250,000. Section 2 of this bill makes a parallel, conforming change with respect to the construction and repair of bridges.

 

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 403.490 is hereby amended to read as follows:

      403.490  1.  To perform any work or construct any superstructure under this chapter wherein an expenditure of [$500] $100,000 or more may be necessary, the board of county highway commissioners shall cause definite plans of such work or superstructure to be made, estimates of the amount of work to be done and the probable cost thereof, together with a copy of the specifications thereof.

      2.  [Upon] Except as otherwise provided in subsection 3, upon receipt of the plans, estimates and specifications [,] for a project for which the estimated cost is $100,000 or more, the board of county highway commissioners shall advertise for bids and let contracts in the manner prescribed by chapter 332 or 338 of NRS [.] , as applicable.

      3.  [After submission of bids, the board of county highway commissioners may reject any and all bids and advertise anew, or the board may order the work done by day’s work under the supervision of the county road supervisor.] In a county whose population is less than 45,000, if the estimated cost of a project is $100,000 or more but less than $250,000, the board of county highway commissioners may hold a hearing to determine, by majority vote of the board, if the project can be performed by county employees or through the employment of day labor under the supervision of the board and by the use of its own machinery, tools and other equipment without advertising for bids and letting contracts pursuant to subsection 2. Notice for such a hearing must be provided not less than 15 days before the date of the hearing and must be published pursuant to the provisions of NRS 238.010 to 238.080, inclusive. The board shall provide, in the notice and at least 15 days before the hearing at the office of the board and at the place of the hearing, the following information, without limitation:

      (a) A list of:

             (1) All county employees, if any, including supervisors, who will perform the work, including, without limitation, the classification of each employee and an estimate of the direct and indirect costs of the labor;

             (2) The number of day laborers, if any, that will be employed to perform the work; and

             (3) All machinery, tools and other equipment of the county to be used on the project.

      (b) An estimate of:

             (1) The direct and indirect costs of the labor of the county employees who will perform the work, if any;

             (2) The direct and indirect costs of the labor of any day laborers who will be employed to perform the work pursuant to chapter 338 of NRS;

 


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ê2013 Statutes of Nevada, Page 1985 (Chapter 372, SB 217)ê

 

             (3) The cost of any administrative support that will be required for the performance of the work;

             (4) The total cost of the project, including, without limitation, the fair market value or, if available, the actual cost of all materials, supplies, equipment and labor necessary for the project; and

             (5) The amount of savings to be realized by having county employees or day laborers perform the work.

      4.  In cases of emergency the board of county highway commissioners may let contracts for repairs in the manner prescribed by chapter 332 of NRS.

      5.  Nothing in this section shall prevent any county from opening, building, improving or repairing any public road or highway in the county [by the] through the work of county employees or the employment of day labor, under the supervision of the board of county highway commissioners and by the use of its own machinery, tools and other equipment, without letting contracts to the lowest responsible bidder, [irrespective of] if the probable cost of the work [.] does not exceed $100,000.

      Sec. 2. NRS 403.600 is hereby amended to read as follows:

      403.600  1.  No bridge shall be constructed or repaired except on the order of the board of county commissioners, or unless a petition is filed as provided in NRS 403.610.

      2.  In entering into a contract for the construction or repair of a bridge, the board of county commissioners shall comply with [chapter 332 of] NRS [.] 403.610.

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

________

CHAPTER 373, SB 224

Senate Bill No. 224–Senators Cegavske; Hardy and Manendo

 

Joint Sponsor: Assemblywoman Dondero Loop

 

CHAPTER 373

 

[Approved: June 2, 2013]

 

AN ACT relating to driving under the influence; providing for the imposition and collection of a fee for the provision of specialty court programs following a conviction for a misdemeanor offense of driving a vehicle under the influence; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill requires a court to impose a fee of $100, in addition to any other administrative assessment, penalty or fine imposed, if a person pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty of, a charge of driving under the influence of intoxicating liquor or a controlled substance that is punishable as a misdemeanor. If the fee of $100 is not within a defendant’s present ability to pay, the justice or judge may require the equivalent community service to be performed. Under this bill, the money collected for this fee is deposited with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator and money apportioned to a court from this fee must be used by the court for certain purposes related to specialty court programs. This bill allows the Office of Court Administrator to accept money from gifts, grants and other sources to apportion to courts that provide specialty court programs for those same purposes.

 


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ê2013 Statutes of Nevada, Page 1986 (Chapter 373, SB 224)ê

 

Office of Court Administrator to accept money from gifts, grants and other sources to apportion to courts that provide specialty court programs for those same purposes. This bill also requires a court that provides a specialty court program to submit reports concerning the program to the Office of Court Administrator.

 

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 484C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, if a defendant who is charged with a violation of NRS 484C.110 or 484C.120 that is punishable as a misdemeanor pursuant to paragraph (a) or (b) of subsection 1 of NRS 484C.400 pleads guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, that charge, the justice or judge shall include in the sentence, in addition to any other penalty or administrative assessment provided by law, a fee of $100 for the provision of specialty court programs and render a judgment against the defendant for the fee. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the fee required pursuant to this subsection.

      2.  If the fee pursuant to subsection 1:

      (a) Is not within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, community service for a reasonable number of hours, the value of which would be commensurate with the fee.

      (b) Is not entirely within the defendant’s present ability to pay, the justice or judge may include in the sentence, in addition to any other penalty or administrative assessment provided by law, a reduced fee and community service for a reasonable number of hours, the value of which would be commensurate with the amount of the reduction of the fee.

      3.  The money collected for the specialty courts fee must not be deducted from any fine imposed by the justice or judge but must be collected from the defendant in addition to the fine. The money collected for such a fee must be stated separately on the court’s docket. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the specialty courts fee remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay them. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of any amount of the fine or fee that the defendant has paid.

      4.  A justice or judge shall, if requested by a defendant, allow a specialty courts fee to be paid in installments under terms established by the justice or judge.

      5.  Any payments made by a defendant must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;

 


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ê2013 Statutes of Nevada, Page 1987 (Chapter 373, SB 224)ê

 

      (c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613;

      (d) To pay the unpaid balance of the specialty courts fee pursuant to this section; and

      (e) To pay the fine.

      6.  The money collected for a specialty courts fee pursuant to this section in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each specialty courts fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      7.  The money collected for a specialty courts fee pursuant to this section in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each specialty courts fee with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      8.  Money that is apportioned to a court from specialty courts fees pursuant to this section must be used by the court to:

      (a) Pay for any level of treatment, including, without limitation, psychiatric care, required for successful completion and testing of persons who participate in the program; and

      (b) Improve the operations of the specialty court program by any combination of:

             (1) Acquiring necessary capital goods;

             (2) Providing for personnel to staff and oversee the specialty court program;

             (3) Providing training and education to personnel;

             (4) Studying the management and operation of the program;

             (5) Conducting audits of the program;

             (6) Providing for district attorney and public defender representation;

             (7) Acquiring or using appropriate technology;

             (8) Providing capital for building facilities necessary to house persons who participate in the program;

             (9) Providing funding for employment programs for persons who participate in the program; and

             (10) Providing funding for statewide public information campaigns necessary to deter driving under the influence of intoxicating liquor or a controlled substance.

      9.  The Office of Court Administrator may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the provision of specialty court programs pursuant to this section.

      10.  A court that provides a specialty court program shall, as required by the Office of Court Administrator, submit a report to the Office of Court Administrator concerning the program. The report must include:

      (a) Demographic and statistical information concerning the participants in the program, including, without limitation, the age, gender, race and ethnicity of the participants;

 


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ê2013 Statutes of Nevada, Page 1988 (Chapter 373, SB 224)ê

 

      (b) Statistical information concerning the operation of the program, including, without limitation, the number of participants in the program, the nature of the criminal charges that were filed against participants, the number of participants who have completed the program and the rate of recidivism among participants; and

      (c) Any other information required by the Office of Court Administrator.

Ê On or before January 1 of each odd-numbered year, the Office of Court Administrator shall submit a copy of the report to the Director of the Legislative Counsel Bureau.

      11.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or who abuse alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250 or 453.580.

      Sec. 2. NRS 176.0611 is hereby amended to read as follows:

      176.0611  1.  A county or a city, upon recommendation of the appropriate court, may, by ordinance, authorize the justices or judges of the justice or municipal courts within its jurisdiction to impose for not longer than 50 years, in addition to the administrative assessments imposed pursuant to NRS 176.059 and 176.0613, an administrative assessment for the provision of court facilities.

      2.  Except as otherwise provided in subsection 3, in any jurisdiction in which an administrative assessment for the provision of court facilities has been authorized, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $10 as an administrative assessment for the provision of court facilities and render a judgment against the defendant for the assessment. If the justice or judge sentences the defendant to perform community service in lieu of a fine, the justice or judge shall include in the sentence the administrative assessment required pursuant to this subsection.

      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance that is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

      4.  The money collected for an administrative assessment for the provision of court facilities must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the amount posted for bail pursuant to this subsection must be disbursed in the manner set forth in subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it.

 


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ê2013 Statutes of Nevada, Page 1989 (Chapter 373, SB 224)ê

 

uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of court facilities to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to this section;

      (c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs pursuant to NRS 176.0613; [and]

      (d) To pay the unpaid balance of the specialty courts fee pursuant to section 1 of this act; and

      (e) To pay the fine.

      6.  The money collected for administrative assessments for the provision of court facilities in municipal courts must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. The city treasurer shall deposit the money received in a special revenue fund. The city may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

      (b) Construct or acquire additional facilities for the municipal courts or a regional justice center that includes the municipal courts.

      (c) Renovate or remodel existing facilities for the municipal courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the municipal courts or a regional justice center that includes the municipal courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the municipal courts or a regional justice center that includes the municipal courts.

Ê Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the municipal general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The city treasurer shall provide, upon request by a municipal court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      7.  The money collected for administrative assessments for the provision of court facilities in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.

 


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ê2013 Statutes of Nevada, Page 1990 (Chapter 373, SB 224)ê

 

preceding month. The county treasurer shall deposit the money received to a special revenue fund. The county may use the money in the special revenue fund only to:

      (a) Acquire land on which to construct additional facilities for the justice courts or a regional justice center that includes the justice courts.

      (b) Construct or acquire additional facilities for the justice courts or a regional justice center that includes the justice courts.

      (c) Renovate or remodel existing facilities for the justice courts.

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or the renovation of an existing facility for the justice courts or a regional justice center that includes the justice courts. This paragraph does not authorize the expenditure of money from the fund for furniture, fixtures or equipment for judicial chambers.

      (e) Acquire advanced technology for use in the additional or renovated facilities.

      (f) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or the construction or renovation of facilities for the justice courts or a regional justice center that includes the justice courts.

Ê Any money remaining in the special revenue fund after 5 fiscal years must be deposited in the county general fund for the continued maintenance of court facilities if it has not been committed for expenditure pursuant to a plan for the construction or acquisition of court facilities or improvements to court facilities. The county treasurer shall provide, upon request by a justice court, monthly reports of the revenue credited to and expenditures made from the special revenue fund.

      8.  If money collected pursuant to this section is to be used to acquire land on which to construct a regional justice center, to construct a regional justice center or to pay debt service on bonds issued for these purposes, the county and the participating cities shall, by interlocal agreement, determine such issues as the size of the regional justice center, the manner in which the center will be used and the apportionment of fiscal responsibility for the center.

      Sec. 3. NRS 176.0613 is hereby amended to read as follows:

      176.0613  1.  The justices or judges of the justice or municipal courts shall impose, in addition to an administrative assessment imposed pursuant to NRS 176.059 and 176.0611, an administrative assessment for the provision of specialty court programs.

      2.  Except as otherwise provided in subsection 3, when a defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill of a misdemeanor, including the violation of any municipal ordinance, the justice or judge shall include in the sentence the sum of $7 as an administrative assessment for the provision of specialty court programs and render a judgment against the defendant for the assessment. If a defendant is sentenced to perform community service in lieu of a fine, the sentence must include the administrative assessment required pursuant to this subsection.

      3.  The provisions of subsection 2 do not apply to:

      (a) An ordinance regulating metered parking; or

      (b) An ordinance which is specifically designated as imposing a civil penalty or liability pursuant to NRS 244.3575 or 268.019.

 


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ê2013 Statutes of Nevada, Page 1991 (Chapter 373, SB 224)ê

 

      4.  The money collected for an administrative assessment for the provision of specialty court programs must not be deducted from the fine imposed by the justice or judge but must be taxed against the defendant in addition to the fine. The money collected for such an administrative assessment must be stated separately on the court’s docket and must be included in the amount posted for bail. If bail is forfeited, the administrative assessment included in the bail pursuant to this subsection must be disbursed pursuant to subsection 6 or 7. If the defendant is found not guilty or the charges are dismissed, the money deposited with the court must be returned to the defendant. If the justice or judge cancels a fine because the fine has been determined to be uncollectible, any balance of the fine and the administrative assessment remaining unpaid shall be deemed to be uncollectible and the defendant is not required to pay it. If a fine is determined to be uncollectible, the defendant is not entitled to a refund of the fine or administrative assessment the defendant has paid and the justice or judge shall not recalculate the administrative assessment.

      5.  If the justice or judge permits the fine and administrative assessment for the provision of specialty court programs to be paid in installments, the payments must be applied in the following order:

      (a) To pay the unpaid balance of an administrative assessment imposed pursuant to NRS 176.059;

      (b) To pay the unpaid balance of an administrative assessment for the provision of court facilities pursuant to NRS 176.0611;

      (c) To pay the unpaid balance of an administrative assessment for the provision of specialty court programs; [and]

      (d) To pay the unpaid balance of the specialty courts fee pursuant to section 1 of this act; and

      (e) To pay the fine.

      6.  The money collected for an administrative assessment for the provision of specialty court programs in municipal court must be paid by the clerk of the court to the city treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the city treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      7.  The money collected for an administrative assessment for the provision of specialty court programs in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month. On or before the 15th day of that month, the county treasurer shall deposit the money received for each administrative assessment with the State Controller for credit to a special account in the State General Fund administered by the Office of Court Administrator.

      8.  The Office of Court Administrator shall allocate the money credited to the State General Fund pursuant to subsections 6 and 7 to courts to assist with the funding or establishment of specialty court programs.

      9.  Money that is apportioned to a court from administrative assessments for the provision of specialty court programs must be used by the court to:

      (a) Pay for the treatment and testing of persons who participate in the program; and

      (b) Improve the operations of the specialty court program by any combination of:

 


…………………………………………………………………………………………………………………

ê2013 Statutes of Nevada, Page 1992 (Chapter 373, SB 224)ê

 

             (1) Acquiring necessary capital goods;

             (2) Providing for personnel to staff and oversee the specialty court program;

             (3) Providing training and education to personnel;

             (4) Studying the management and operation of the program;

             (5) Conducting audits of the program;

             (6) Supplementing the funds used to pay for judges to oversee a specialty court program; or

             (7) Acquiring or using appropriate technology.

      10.  As used in this section:

      (a) “Office of Court Administrator” means the Office of Court Administrator created pursuant to NRS 1.320; and

      (b) “Specialty court program” means a program established by a court to facilitate testing, treatment and oversight of certain persons over whom the court has jurisdiction and who the court has determined suffer from a mental illness or abuses alcohol or drugs. Such a program includes, without limitation, a program established pursuant to NRS 176A.250, 176A.280 or 453.580.

      Sec. 4.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, 2015.

________

CHAPTER 374, SB 244

Senate Bill No. 244–Senators Brower, Spearman, Hardy; Gustavson, Manendo, Parks, Roberson and Settelmeyer

 

Joint Sponsors: Assemblymen Kirner, Elliot Anderson, Ellison; Bustamante Adams, Duncan, Hambrick, Hardy, Healey, Hogan, Horne, Livermore, Martin, Stewart and Wheeler

 

CHAPTER 374

 

[Approved: June 2, 2013]

 

AN ACT relating to motor vehicles; authorizing a person who has been honorably discharged from the Armed Forces of the United States to obtain a designation on his or her instruction permit, driver’s license or identification card indicating that he or she is a veteran; requiring the Department of Motor Vehicles, on a monthly basis, to submit to the Office of Veterans Services a list of persons who have declared that they are veterans of the Armed Forces; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to place a designation on the instruction permit, driver’s license or identification card of certain persons, including persons with a disability which impairs or limits the ability to walk. (NRS 483.349, 483.865) Existing law also requires the Department to inquire whether a person wishes to declare that he or she is a veteran when applying for an instruction permit, driver’s license or identification card. (NRS 483.292, 483.852)

 

 


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ê2013 Statutes of Nevada, Page 1993 (Chapter 374, SB 244)ê

 

      Sections 6 and 9 of this bill require that a person who: (1) applies to the Department for the initial issuance or renewal of an instruction permit, driver’s license or identification card; and (2) requests to have imprinted on that permit, license or card a designation that he or she is a veteran of the Armed Forces of the United States, submit a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” indicating that he or she was honorably discharged from the Armed Forces. If such a person fulfills the requirements of section 6 or 9, as applicable, sections 2 and 3 of this bill require the Department to place a designation that the person is a veteran on the person’s instruction permit, driver’s license or identification card, as appropriate. Sections 6 and 9 also require the Department to compile and submit to the Office of Veterans Services each month a list of persons who have declared that they are veterans of the Armed Forces.

 

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 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Upon the application of a person who requests that his or her instruction permit or driver’s license indicate that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 3 of NRS 483.292, and who satisfies the requirements of that subsection, the Department shall place on any instruction permit or driver’s license issued to the person pursuant to the provisions of this chapter a designation that the person is a veteran.

      2.  The Director shall determine the design and placement of the designation of veteran status required by subsection 1 on any instruction permit or driver’s license to which this section applies.

      Sec. 3. 1.  Upon the application of a person who requests that his or her identification card indicate that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 3 of NRS 483.852, and who satisfies the requirements of that subsection, the Department shall place on any identification card issued to the person pursuant to this section and NRS 483.810 to 483.890, inclusive, a designation that the person is a veteran.

      2.  The Director shall determine the design and placement of the designation of veteran status required by subsection 1 on any identification card to which this section applies.

      Sec. 4. NRS 483.015 is hereby amended to read as follows:

      483.015  Except as otherwise provided in NRS 483.330, the provisions of NRS 483.010 to 483.630, inclusive, and section 2 of this act apply only with respect to noncommercial drivers’ licenses.

      Sec. 5. NRS 483.020 is hereby amended to read as follows:

      483.020  As used in NRS 483.010 to 483.630, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 483.030 to 483.190, inclusive, have the meanings ascribed to them in those sections.

      Sec. 6. NRS 483.292 is hereby amended to read as follows:

      483.292  1.  When a person applies to the Department for the initial issuance of an instruction permit or driver’s license pursuant to NRS 483.290 [,] or the renewal of an instruction permit or driver’s license, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

 


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ê2013 Statutes of Nevada, Page 1994 (Chapter 374, SB 244)ê

 

Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide [evidence] :

      (a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States [.] ; and

      (b) A written release authorizing the Department to provide to the Office of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.

      3.  [If the person declares pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the Department shall count the declaration and maintain it only numerically in a record kept by the Department for that purpose.] In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her instruction permit or driver’s license a designation that he or she is a veteran, as described in section 2 of this act, must:

      (a) If applying for the initial issuance of an instruction permit or driver’s license, appear in person at an office of the Department and submit a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged from the Armed Forces of the United States.

      (b) If applying for the renewal of an instruction permit or driver’s license upon which a designation that the person is a veteran:

             (1) Is not placed, submit by mail or in person a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged from the Armed Forces of the United States.

             (2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the instruction permit or driver’s license to continue to designate that the person is a veteran.

      4.  The Department shall, at least once each [quarter:] month:

      (a) Compile [the aggregate number] a list of persons who have, during the immediately preceding [quarter,] month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that [number] list to the Office of Veterans Services to be used for statistical and communication purposes.

      Sec. 7. NRS 483.530 is hereby amended to read as follows:

      483.530  1.  Except as otherwise provided in subsection 2, it is a misdemeanor for any person:

      (a) To display or cause or permit to be displayed or possess any cancelled, revoked, suspended, fictitious, fraudulently altered or fraudulently obtained driver’s license;

      (b) To alter, forge, substitute, counterfeit or use an unvalidated driver’s license;

      (c) To lend his or her driver’s license to any other person or knowingly permit the use thereof by another;

 


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ê2013 Statutes of Nevada, Page 1995 (Chapter 374, SB 244)ê

 

      (d) To display or represent as one’s own any driver’s license not issued to him or her;

      (e) To fail or refuse to surrender to the Department, a peace officer or a court upon lawful demand any driver’s license which has been suspended, revoked or cancelled;

      (f) To permit any unlawful use of a driver’s license issued to him or her;

      (g) To do any act forbidden, or fail to perform any act required, by NRS 483.010 to 483.630, inclusive [;], and section 2 of this act; or

      (h) To photograph, photostat, duplicate or in any way reproduce any driver’s license or facsimile thereof in such a manner that it could be mistaken for a valid license, or to display or possess any such photograph, photostat, duplicate, reproduction or facsimile unless authorized by this chapter.

      2.  Except as otherwise provided in this subsection, a person who uses a false or fictitious name in any application for a driver’s license or identification card or who knowingly makes a false statement or knowingly conceals a material fact or otherwise commits a fraud in any such application is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the false statement, knowing concealment of a material fact or other commission of fraud described in this subsection relates solely to the age of a person, including, without limitation, to establish false proof of age to game, purchase alcoholic beverages or purchase cigarettes or other tobacco products, the person is guilty of a misdemeanor.

      Sec. 8. NRS 483.620 is hereby amended to read as follows:

      483.620  It is a misdemeanor for any person to violate any of the provisions of NRS 483.010 to 483.630, inclusive, and section 2 of this act, unless such violation is, by NRS 483.010 to 483.630, inclusive, and section 2 of this act, or other law of this State, declared to be a felony.

      Sec. 9. NRS 483.852 is hereby amended to read as follows:

      483.852  1.  When a person applies to the Department for the initial issuance of an identification card pursuant to NRS 483.850 [,] or the renewal of an identification card pursuant to NRS 483.875, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide [evidence] :

      (a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States [.] ; and

      (b) A written release authorizing the Department to provide to the Office of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.

      3.  [If the person declares pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the Department shall count the declaration and maintain it only numerically in a record kept by the Department for that purpose.] In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her identification card a designation that he or she is a veteran, as described in section 3 of this act, must:

 


…………………………………………………………………………………………………………………

ê2013 Statutes of Nevada, Page 1996 (Chapter 374, SB 244)ê

 

      (a) If applying for the initial issuance of an identification card, appear in person at an office of the Department and submit a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged from the Armed Forces of the United States.

      (b) If applying for the renewal of an identification card upon which a designation that the person is a veteran:

             (1) Is not placed, submit by mail or in person a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged from the Armed Forces of the United States.

             (2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the identification card to continue to designate that the person is a veteran.

      4.  The Department shall, at least once each [quarter:] month:

      (a) Compile [the aggregate number] a list of persons who have, during the immediately preceding [quarter,] month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that [number] list to the Office of Veterans Services to be used for statistical and communication purposes.

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

________

CHAPTER 375, SB 266

Senate Bill No. 266–Senators Denis, Hardy, Smith, Atkinson, Segerblom; Ford, Goicoechea, Hammond, Hutchison, Jones, Kihuen, Manendo, Parks, Roberson, Spearman and Woodhouse

 

Joint Sponsors: Assemblymen Fiore, Diaz, Eisen, Bobzien, Hambrick; Aizley, Elliot Anderson, Paul Anderson, Benitez-Thompson, Carlton, Carrillo, Daly, Dondero Loop, Ellison, Flores, Frierson, Grady, Hogan, Horne, Kirkpatrick, Livermore, Martin, Munford, Neal, Ohrenschall, Oscarson, Pierce, Spiegel, Sprinkle, Stewart and Wheeler

 

CHAPTER 375

 

[Approved: June 2, 2013]

 

AN ACT relating to insurance; prohibiting certain policies of health insurance and health care plans from making monetary limits of coverage for certain orally administered chemotherapy less favorable to the insured than other forms of chemotherapy; limiting the total combined amount of any copayment, deductible or coinsurance for chemotherapy administered orally; and providing other matters properly relating thereto.

 

 


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ê2013 Statutes of Nevada, Page 1997 (Chapter 375, SB 266)ê

 

Legislative Counsel’s Digest:

      Existing law requires certain public and private health care plans and policies of insurance to provide coverage for certain procedures, including colorectal cancer screenings, cytological screening tests and mammograms, in certain circumstances. (NRS 287.027, 287.04335, 689A.04042, 689A.0405, 689B.0367, 689B.0374, 695B.1907, 695B.1912, 695C.1731, 695C.1735, 695G.168) Existing law also requires employers to provide certain benefits to employees, including coverage for the procedures required to be covered by insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 1, 3-5, 8 and 9 of this bill prohibit a health care plan and policy of insurance, other than the State Plan for Medicaid, that provides coverage for both chemotherapy administered intravenously or by injection and orally administered chemotherapy from making the monetary limits of coverage for orally administered chemotherapy different than other types of chemotherapy. Sections 1, 3-5, 8 and 9 further prohibit such a health care plan or policy of insurance from meeting this requirement by decreasing the monetary limits for chemotherapy under the policy or plan. Sections 1, 3-5, 8 and 9 also prohibit such a health care plan and policy of insurance from requiring a copayment, deductible or coinsurance amount for orally administered chemotherapy in a combined amount that is more than $100 per prescription.

      The provisions of this bill apply prospectively to any policy of insurance or health care plan that is delivered, issued for delivery or renewed on or after January 1, 2015.

 

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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of health insurance which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  A policy subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the policy or renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring an insurer to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

 


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ê2013 Statutes of Nevada, Page 1998 (Chapter 375, SB 266)ê

 

      Sec. 2. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

      Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of group health insurance which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  A policy subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the policy or renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring an insurer to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

      Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a contract for hospital or medical service which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  A contract subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the contract or renewal which is in conflict with this section is void.

 


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ê2013 Statutes of Nevada, Page 1999 (Chapter 375, SB 266)ê

 

that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the contract or renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring an insurer to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

      Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization that offers or issues a health care plan which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to such chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  Evidence of coverage subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring a health maintenance organization to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

      Sec. 6. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.173, inclusive, 695C.1733 to 695C.200, inclusive, and section 5 of this act, 695C.250 and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.

 


…………………………………………………………………………………………………………………

ê2013 Statutes of Nevada, Page 2000 (Chapter 375, SB 266)ê

 

a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 7. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 5 of this act or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The State Board of Health certifies to the Commissioner that the health maintenance organization:

             (1) Does not meet the requirements of subsection 2 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

 


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      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 8. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization that offers or issues a health care plan which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  An evidence of coverage for a health care plan subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the evidence of coverage or the renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring a managed care organization to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

      Sec. 8.5. NRS 695G.090 is hereby amended to read as follows:

      695G.090  1.  Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

 


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of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

      2.  In addition to the provisions of this chapter, each managed care organization shall comply with:

      (a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

      (b) Any other applicable provision of this title.

      3.  The provisions of NRS 695G.164, 695G.1645, 695G.200 to 695G.230, inclusive, and 695G.430 and section 8 of this act, do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 9. Chapter 287 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental entity of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for the treatment of cancer through the use of chemotherapy shall not:

      (a) Require a copayment, deductible or coinsurance amount for chemotherapy administered orally by means of a prescription drug in a combined amount that is more than $100 per prescription.

      (b) Make the coverage subject to monetary limits that are less favorable for chemotherapy administered orally by means of a prescription drug than the monetary limits applicable to chemotherapy which is administered by injection or intravenously.

      (c) Decrease the monetary limits applicable to such chemotherapy administered orally by means of a prescription drug or to chemotherapy which is administered by injection or intravenously to meet the requirements of this section.

      2.  A plan of self-insurance subject to the provisions of this chapter which provides coverage for the treatment of cancer through the use of chemotherapy and that is delivered, issued for delivery or renewed on or after January 1, 2015, has the legal effect of providing that coverage subject to the requirements of this section, and any provision of the plan or the renewal which is in conflict with this section is void.

      3.  Nothing in this section shall be construed as requiring the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental entity of the State of Nevada that provides health insurance through a plan of self-insurance to provide coverage for the treatment of cancer through the use of chemotherapy administered by injection or intravenously or administered orally by means of a prescription drug.

      Sec. 9.5. NRS 287.015 is hereby amended to read as follows:

      287.015  1.  A local government employer and any employee organization that is recognized by the employer pursuant to chapter 288 of NRS may, by written agreement between themselves or with other local government employers and employee organizations, establish a trust fund to provide health and welfare benefits to active and retired employees of the participating employers and the dependents of those employees.

 


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government employers and employee organizations, establish a trust fund to provide health and welfare benefits to active and retired employees of the participating employers and the dependents of those employees.

      2.  All contributions made to a trust fund established pursuant to this section must be held in trust and used:

      (a) To provide, from principal or income, or both, for the benefit of the participating employees and their dependents, medical, hospital, dental, vision, death, disability or accident benefits, or any combination thereof, and any other benefit appropriate for an entity that qualifies as a voluntary employees’ beneficiary association under Section 501(c)(9) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(9), as amended; and

      (b) To pay any reasonable administrative expenses incident to the provision of these benefits and the administration of the trust.

      3.  The basis on which contributions are to be made to the trust must be specified in a collective bargaining agreement between each participating local government employer and employee organization or in a written participation agreement between the employer and employee organization, jointly, and the trust.

      4.  The trust must be administered by a board of trustees on which participating local government employers and employee organizations are equally represented. The agreement that establishes the trust must:

      (a) Set forth the powers and duties of the board of trustees, which must not be inconsistent with the provisions of this section;

      (b) Establish a procedure for resolving expeditiously any deadlock that arises among the members of the board of trustees; and

      (c) Provide for an audit of the trust, at least annually, the results of which must be reported to each participating employer and employee organization.

      5.  The provisions of paragraphs (b) and (c) of subsection 2 of NRS 287.029 apply to a trust fund established pursuant to this section by the governing body of a school district.

      6.  The provisions of section 9 of this act do not apply to a trust fund established pursuant to this section before October 1, 2013.

      7.  As used in this section:

      (a) “Employee organization” has the meaning ascribed to it in NRS 288.040.

      (b) “Local government employer” has the meaning ascribed to it in NRS 288.060.

      Sec. 10. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.1645, 695G.170, 695G.171, 695G.173, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 8 of this act in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 11.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

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ê2013 Statutes of Nevada, Page 2004ê

 

CHAPTER 376, SB 302

Senate Bill No. 302–Senator Brower (by request)

 

Joint Sponsor: Assemblyman Hickey

 

CHAPTER 376

 

[Approved: June 2, 2013]

 

AN ACT relating to taxicabs; requiring taxicab motor carriers in certain counties to maintain and provide to the Nevada Transportation Authority and other taxicab motor carriers information concerning the results of certain tests for the presence of alcohol or a controlled substance under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Nevada Transportation Authority regulates taxicabs in a county whose population is less than 700,000 (currently counties other than Clark County) and in any county that has enacted an ordinance to place itself under the jurisdiction of the Taxicab Authority. (NRS 706.166, 706.881) This bill provides that, subject to certain conditions, if a taxicab motor carrier regulated by the Authority requires an employee or lessee to submit to a test for the presence of alcohol or a controlled substance in his or her blood, breath or urine and the person tests positive for the presence of alcohol or a controlled substance in his or her blood, breath or urine, the taxicab motor carrier is required to: (1) maintain a record of the results of the test; (2) provide a record of the results of the test to the Authority; and (3) release a record of the results of the test to another taxicab motor carrier upon request. The results of such a test must be recorded only as positive or negative, and must not be maintained by a taxicab motor carrier or the Authority for a period of more than 1 year.

 

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

      1.  Except as otherwise provided in this section, if a taxicab motor carrier requires an employee or lessee to submit to a test for the presence of alcohol or a controlled substance in his or her blood, breath or urine and the employee or lessee tests positive for the presence of alcohol or a controlled substance in his or her blood, breath or urine, the taxicab motor carrier shall:

      (a) Maintain a record of the results of the test;

      (b) Provide to the Authority a record of the results of the test; and

      (c) Release a record of the results of the test to another taxicab motor carrier upon request.

      2.  For the purposes of this section, a record of the results of a test administered as described in subsection 1:

      (a) Must indicate only that the results of the test were positive or negative; and

      (b) Must not be maintained by a taxicab motor carrier or the Authority for a period of more than 1 year.

 


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      3.  The Authority may adopt regulations to carry out its duties pursuant to this section.

      Sec. 2. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act relating to brokers do not apply to any person whom the Authority determines is:

      1.  A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or

      3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

      Sec. 4. NRS 706.163 is hereby amended to read as follows:

      706.163  The provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act do not apply to vehicles leased to or owned by:

      1.  The Federal Government or any instrumentality thereof.

      2.  Any state or a political subdivision thereof.

      Sec. 5. NRS 706.2885 is hereby amended to read as follows:

      706.2885  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

      2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

      4.  The proceedings thereafter are governed by the provisions of chapter 233B of NRS.

      Sec. 6. NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and section 1 of this act do not apply to:

      (a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.

      (b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

 


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enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.

      5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

      Sec. 7. NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

 


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      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and section 1 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and section 1 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000.

 


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ê2013 Statutes of Nevada, Page 2008 (Chapter 376, SB 302)ê

 

$1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

________

CHAPTER 377, SB 313

Senate Bill No. 313–Senator Denis

 

CHAPTER 377

 

[Approved: June 2, 2013]

 

AN ACT relating to autonomous vehicles; requiring an autonomous vehicle that is being tested on a highway within this State to meet certain conditions relating to a human operator; prohibiting an autonomous vehicle from being registered in this State, or tested or operated on a highway within this State, unless it meets certain conditions; providing that the manufacturer of a motor vehicle that has been converted to be an autonomous vehicle by a third party is immune from liability for certain injuries in certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Motor Vehicles to adopt regulations authorizing the operation of autonomous vehicles on highways within the State of Nevada. (NRS 482A.100) Sections 2 and 7 of this bill exclude a vehicle that contains certain systems for assisting the driver from being an autonomous vehicle unless the combined effect of all such systems is to enable the vehicle to be driven without the active control or monitoring of a human operator. Section 2.5 of this bill requires a person or entity to submit to the Department proof of insurance or other proof of financial responsibility, in the amount of $5,000,000, before testing an autonomous vehicle on a highway within this State. Section 3 of this bill requires an autonomous vehicle that is being tested on a highway within this State to have a human operator who is seated in the driver’s seat, monitoring the safe operation of the vehicle and capable of taking over control of the vehicle in an emergency. Section 4 of this bill prohibits an autonomous vehicle from being registered in this State unless it meets federal standards and regulations. Section 4 also prohibits an autonomous vehicle from being tested or operated on a highway within this State unless it is equipped with certain equipment to ensure its safe operation and can be operated in compliance with the motor vehicle and traffic laws of this State. Section 5 of this bill provides that the manufacturer of a motor vehicle that has been converted to an autonomous vehicle by a third party is not liable for an injury that results from that conversion unless the defect that caused the injury was present in the vehicle as originally manufactured.

 


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ê2013 Statutes of Nevada, Page 2009 (Chapter 377, SB 313)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2. “Autonomous technology” means technology which is installed on a motor vehicle and which has the capability to drive the motor vehicle without the active control or monitoring of a human operator. The term does not include an active safety system or a system for driver assistance, including, without limitation, a system to provide electronic blind spot detection, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless any such system, alone or in combination with any other system, enables the vehicle on which the system is installed to be driven without the active control or monitoring of a human operator.

      Sec. 2.5. Before a person or entity begins testing an autonomous vehicle on a highway within this State, the person or entity must:

      1.  Submit to the Department proof of insurance or self-insurance acceptable to the Department in the amount of $5,000,000; or

      2.  Make a cash deposit or post and maintain a surety bond or other acceptable form of security with the Department in the amount of $5,000,000.

      Sec. 3. If an autonomous vehicle is being tested on a highway within this State, a human operator must be:

      1.  Seated in a position which allows the human operator to take immediate manual control of the autonomous vehicle;

      2.  Monitoring the safe operation of the autonomous vehicle; and

      3.  Capable of taking over immediate manual control of the autonomous vehicle in the event of a failure of the autonomous technology or other emergency.

      Sec. 4. 1.  An autonomous vehicle shall not be registered in this State unless the autonomous vehicle meets all federal standards and regulations that are applicable to a motor vehicle.

      2.  An autonomous vehicle shall not be tested or operated on a highway within this State unless the autonomous vehicle is:

      (a) Equipped with a means to engage and disengage the autonomous technology which is easily accessible to the human operator of the autonomous vehicle;

      (b) Equipped with a visual indicator located inside the autonomous vehicle which indicates when autonomous technology is operating the autonomous vehicle;

      (c) Equipped with a means to alert the human operator to take manual control of the autonomous vehicle if a failure of the autonomous technology has been detected and such failure affects the ability of the autonomous technology to operate safely the autonomous vehicle; and

      (d) Capable of being operated in compliance with the applicable motor vehicle laws and traffic laws of this State.

      Sec. 5. The manufacturer of a motor vehicle that has been converted by a third party into an autonomous vehicle is not liable for damages to any person injured due to a defect caused by the conversion of the motor vehicle or by any equipment installed to facilitate the conversion unless the defect that caused the injury was present in the vehicle as originally manufactured.

 


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ê2013 Statutes of Nevada, Page 2010 (Chapter 377, SB 313)ê

 

person injured due to a defect caused by the conversion of the motor vehicle or by any equipment installed to facilitate the conversion unless the defect that caused the injury was present in the vehicle as originally manufactured.

      Sec. 6. NRS 482A.010 is hereby amended to read as follows:

      482A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [482A.020 to 482A.050, inclusive,] 482A.030 and 482A.040 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 482A.030 is hereby amended to read as follows:

      482A.030  “Autonomous vehicle” means a motor vehicle that [uses artificial intelligence, sensors and global positioning system coordinates to drive itself without the active intervention of a human operator.] is equipped with autonomous technology.

      Sec. 8. (Deleted by amendment.)

      Sec. 9. NRS 482A.020 and 482A.050 are hereby repealed.

      Sec. 10.  This act becomes effective on July 1, 2013.

________

CHAPTER 378, SB 327

Senate Bill No. 327–Senators Jones, Segerblom and Kieckhefer (by request)

 

CHAPTER 378

 

[Approved: June 2, 2013]

 

AN ACT relating to health care professions; revising provisions to authorize the performance of certain acts in this State by certain health care professionals without regard to whether the professionals are physically located in this State; requiring certain persons to maintain electronic mail addresses with the Board of Medical Examiners; revising provisions governing the issuance of certain licenses to certain graduates of foreign medical schools; requiring the Board to adopt certain regulations regarding physician assistants; authorizing the Board to make service of process by electronic mail under certain circumstances; revising provisions governing the practice of telemedicine by an osteopathic physician; prohibiting the State Board of Pharmacy from conditioning, limiting, restricting or denying the issuance of a certificate, license, registration, permit or authorization based on certain grounds; revising provisions relating to telepharmacies, remote sites and satellite consultation sites; revising provisions relating to the procedure for filling certain prescriptions; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill revises the definition of “practice of medicine” to include acts performed without regard to whether the practitioner is physically located in this State.

      Existing law requires a person who is licensed under chapter 630 of NRS to maintain a permanent mailing address with the Board of Medical Examiners. (NRS 630.254) Section 2 of this bill requires a licensee who engages in the practice of medicine under certain circumstances to maintain an electronic mail address with the Board.

 


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ê2013 Statutes of Nevada, Page 2011 (Chapter 378, SB 327)ê

 

      Existing law requires an inactive registrant to maintain a permanent mailing address with the Board. (NRS 630.255) Section 3 of this bill requires a licensee who has changed his or her practice of medicine from this State to another state or country, and any inactive registrant, to maintain an electronic mail address with the Board.

      Existing law authorizes the issuance of a special purpose license to a physician who is licensed in another state. (NRS 630.261) Section 4 of this bill provides that a physician so licensed may perform specified acts without regard to whether the physician is located in this State. Section 4 further provides that such a physician must comply with all applicable requirements of Nevada statutes and regulations of the Board and is subject to the jurisdiction of the courts of this State to the extent that the exercise of jurisdiction is not inconsistent with constitutional limitations.

      Section 5 of this bill revises the provisions authorizing the issuance of restricted licenses to certain graduates of a foreign medical school.

      Section 6 of this bill revises provisions requiring the Board of Medical Examiners to adopt certain regulations regarding physician assistants.

      Existing law requires service of process under chapter 630 of NRS to be made on a licensee personally, or by registered or certified mail. (NRS 630.344) Section 7 of this bill authorizes service of process by electronic mail under certain circumstances.

      Existing law authorizes a registered nurse who is certified as an advanced practitioner of nursing to perform certain acts. (NRS 632.237) Sections 8 and 9 of this bill authorize an advanced practitioner of nursing to perform those acts by using certain technology, whether or not the advanced practitioner of nursing is located in this State.

      Section 10 of this bill revises provisions governing the practice of telemedicine by an osteopathic physician. Section 10 also requires compliance with applicable provisions of Nevada statutes and regulations of the State Board of Osteopathic Medicine and provides for the exercise of jurisdiction over such osteopathic physicians by the courts of this State.

      Section 11 of this bill revises the provisions authorizing the issuance of special licenses to certain graduates of a foreign medical school which teaches osteopathic medicine.

      Section 12 of this bill revises provisions relating to the supervision of a physician assistant by a supervising osteopathic physician.

      Section 17 of this bill prohibits the State Board of Pharmacy from conditioning, limiting, restricting or denying the issuance of a certificate, license, registration, permit or authorization based on certain grounds.

      Sections 13-16 and 18 of this bill revise provisions relating to telepharmacies, remote sites and satellite consultation sites.

      Sections 19, 19.3 and 19.7 of this bill revise provisions relating to the procedure for filling certain prescriptions.

 

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 630.020 is hereby amended to read as follows:

      630.020  “Practice of medicine” means:

      1.  To diagnose, treat, correct, prevent or prescribe for any human disease, ailment, injury, infirmity, deformity or other condition, physical or mental, by any means or instrumentality, including, but not limited to, the performance of an autopsy.

      2.  To apply principles or techniques of medical science in the diagnosis or the prevention of any such conditions.

 


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      3.  To perform any of the acts described in subsections 1 and 2 by using equipment that transfers information concerning the medical condition of the patient electronically, telephonically or by fiber optics [.] from within or outside this State or the United States.

      4.  To offer, undertake, attempt to do or hold oneself out as able to do any of the acts described in subsections 1 and 2.

      Sec. 2. NRS 630.254 is hereby amended to read as follows:

      630.254  1.  Each licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. A licensee who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If a licensee fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board:

      (a) Shall impose upon the licensee a fine not to exceed $250; and

      (b) May initiate disciplinary action against the licensee as provided pursuant to subsection 10 of NRS 630.306.

      2.  Any licensee who changes the location of his or her office in this State shall notify the Board in writing of the change before practicing at the new location.

      3.  Any licensee who closes his or her office in this State shall:

      (a) Notify the Board in writing of this occurrence within 14 days after the closure; and

      (b) For a period of 5 years thereafter, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location of the medical records of the licensee’s patients.

      4.  In addition to the requirements of subsection 1, any licensee who performs any of the acts described in subsection 3 of NRS 630.020 from outside this State or the United States shall maintain an electronic mail address with the Board to which all communications from the Board to the licensee may be sent.

      Sec. 3. NRS 630.255 is hereby amended to read as follows:

      630.255  1.  Any licensee who changes the location of his or her practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board.

      2.  Each inactive registrant shall maintain a permanent mailing address with the Board to which all communications from the Board to the registrant must be sent. An inactive registrant who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If an inactive registrant fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board shall impose upon the registrant a fine not to exceed $250.

      3.  In addition to the requirements of subsection 2, any licensee who changes the location of his or her practice of medicine from this State to another state or country and any inactive registrant shall maintain an electronic mail address with the Board to which all communications from the Board to him or her may be sent.

      4.  Before resuming the practice of medicine in this State, the inactive registrant must:

 


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      (a) Notify the Board in writing of his or her intent to resume the practice of medicine in this State;

      (b) File an affidavit with the Board describing the activities of the registrant during the period of inactive status;

      (c) Complete the form for registration for active status;

      (d) Pay the applicable fee for biennial registration; and

      (e) Satisfy the Board of his or her competence to practice medicine.

      [4.]5.  If the Board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this State, the Board may refuse to place the registrant on active status.

      Sec. 4. NRS 630.261 is hereby amended to read as follows:

      630.261  1.  Except as otherwise provided in NRS 630.161, the Board may issue:

      (a) A locum tenens license, to be effective not more than 3 months after issuance, to any physician who is licensed and in good standing in another state, who meets the requirements for licensure in this State and who is of good moral character and reputation. The purpose of this license is to enable an eligible physician to serve as a substitute for another physician who is licensed to practice medicine in this State and who is absent from his or her practice for reasons deemed sufficient by the Board. A license issued pursuant to the provisions of this paragraph is not renewable.

      (b) A special license to a licensed physician of another state to come into this State to care for or assist in the treatment of his or her own patient in association with a physician licensed in this State. A special license issued pursuant to the provisions of this paragraph is limited to the care of a specific patient. The physician licensed in this State has the primary responsibility for the care of that patient.

      (c) A restricted license for a specified period if the Board determines the applicant needs supervision or restriction.

      (d) A temporary license for a specified period if the physician is licensed and in good standing in another state and meets the requirements for licensure in this State, and if the Board determines that it is necessary in order to provide medical services for a community without adequate medical care. A temporary license issued pursuant to the provisions of this paragraph is not renewable.

      (e) A special purpose license to a physician who is licensed in another state to [permit the use of] perform any of the acts described in subsections 1 and 2 of NRS 630.020 by using equipment that transfers information concerning the medical condition of a patient in this State [across state lines] electronically, telephonically or by fiber optics [.] from within or outside this State or the United States. A physician who holds a special purpose license issued pursuant to this paragraph:

            (1) Except as otherwise provided by specific statute or regulation, shall comply with the provisions of this chapter and the regulations of the Board; and

             (2) To the extent not inconsistent with the Nevada Constitution or the United States Constitution, is subject to the jurisdiction of the courts of this State.

      2.  For the purpose of paragraph (e) of subsection 1, the physician must:

      (a) Hold a full and unrestricted license to practice medicine in another state;

 


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      (b) Not have had any disciplinary or other action taken against him or her by any state or other jurisdiction; and

      (c) Be certified by a specialty board of the American Board of Medical Specialties or its successor.

      3.  Except as otherwise provided in this section, the Board may renew or modify any license issued pursuant to subsection 1.

      Sec. 5. NRS 630.2645 is hereby amended to read as follows:

      630.2645  1.  Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to teach, research or practice medicine to a person [who:

      (a) Is] if:

      (a) The person:

             (1) Submits to the Board:

                   (I) Proof that the person is a graduate of a foreign medical school [;

      (b) Teaches,] , as provided in NRS 630.195;

                   (II) Proof that the person teaches, researches or practices medicine outside the United States [;

      (c) Is a recognized medical expert; and

      (d)]; and

                   (III) Any other documentation or proof of qualifications required by the Board; and

             (2) Intends to teach, research or practice [clinical] medicine at a medical facility, medical research facility or medical school in this State.

      (b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      2.  A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice medicine . [, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.]

      3.  A person who holds a restricted license issued pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.

      4.  If a person who holds a restricted license issued pursuant to this section ceases to teach, research or practice [clinical] medicine in this State at the medical facility, medical research facility or medical school where the person is employed:

      (a) The medical facility, medical research facility or medical school, as applicable, shall notify the Board; and

      (b) Upon receipt of such notification, the restricted license expires automatically.

      5.  The Board may renew or modify a restricted license issued pursuant to this section, unless the restricted license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a restricted license to an applicant in accordance with any other provision of this chapter.

      7.  A restricted license to teach, research or practice medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

 


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      Sec. 6. NRS 630.275 is hereby amended to read as follows:

      630.275  The Board shall adopt regulations regarding the licensure of a physician assistant, including, but not limited to:

      1.  The educational and other qualifications of applicants.

      2.  The required academic program for applicants.

      3.  The procedures for applications for and the issuance of licenses.

      4.  The tests or examinations of applicants by the Board.

      5.  The medical services which a physician assistant may perform, except that a physician assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians and optometrists under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid specialists.

      6.  The duration, renewal and termination of licenses.

      7.  The grounds and procedures respecting disciplinary actions against physician assistants.

      8.  The supervision of medical services of a physician assistant by a supervising physician [.] , including, without limitation, supervision that is performed electronically, telephonically or by fiber optics from within or outside this State or the United States.

      9.  A physician assistant’s use of equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      Sec. 7. NRS 630.344 is hereby amended to read as follows:

      630.344  1.  [Service] Except as otherwise provided in subsection 2, service of process under this chapter must be made on a licensee personally, or by registered or certified mail with return receipt requested addressed to the licensee at his or her last known address. If personal service cannot be made and if notice by mail is returned undelivered, the Secretary-Treasurer of the Board shall cause notice to be published once a week for 4 consecutive weeks in a newspaper published in the county of the last known address of the licensee or, if no newspaper is published in that county, then in a newspaper widely distributed in that county.

      2.  In lieu of the methods of service of process set forth in subsection 1, if the Board obtains written consent from the licensee, service of process under this chapter may be made by electronic mail on a licensee who engages in the practice of medicine as described in subsection 3 of NRS 630.020.

      3.  Proof of service of process or publication of notice made under this chapter must be filed with the Board and recorded in the minutes of the Board.

      Sec. 8. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who has completed an educational program designed to prepare a registered nurse to:

      (a) Perform designated acts of medical diagnosis;

      (b) Prescribe therapeutic or corrective measures; and

      (c) Prescribe controlled substances, poisons, dangerous drugs and devices,

Ê and who meets the other requirements established by the Board for such certification.

      2.  An advanced practitioner of nursing may:

 


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      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351, prescribe controlled substances, poisons, dangerous drugs and devices,

Ê pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.

      3.  An advanced practitioner of nursing may perform the acts described in subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      4.  The Board shall adopt regulations:

      (a) Specifying the training, education and experience necessary for certification as an advanced practitioner of nursing.

      (b) Delineating the authorized scope of practice of an advanced practitioner of nursing.

      (c) Establishing the procedure for application for certification as an advanced practitioner of nursing.

      Sec. 9. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may grant a certificate of recognition as an advanced practitioner of nursing to a registered nurse who:

      (a) Has completed an educational program designed to prepare a registered nurse to:

             (1) Perform designated acts of medical diagnosis;

             (2) Prescribe therapeutic or corrective measures; and

             (3) Prescribe controlled substances, poisons, dangerous drugs and devices;

      (b) Except as otherwise provided in subsection [4,] 5, submits proof that he or she is certified as an advanced practitioner of nursing by the American Board of Nursing Specialties, the National Commission for Certifying Agencies of the Institute for Credentialing Excellence, or their successor organizations, or any other nationally recognized certification agency approved by the Board; and

      (c) Meets any other requirements established by the Board for such certification.

      2.  An advanced practitioner of nursing may:

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351, prescribe controlled substances, poisons, dangerous drugs and devices,

Ê pursuant to a protocol approved by a collaborating physician. A protocol must not include and an advanced practitioner of nursing shall not engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.

      3.  An advanced practitioner of nursing may perform the acts described in subsection 2 by using equipment that transfers information concerning the medical condition of a patient in this State electronically, telephonically or by fiber optics from within or outside this State or the United States.

      4.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for certification as an advanced practitioner of nursing.

 


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      (b) Delineating the authorized scope of practice of an advanced practitioner of nursing.

      (c) Establishing the procedure for application for certification as an advanced practitioner of nursing.

      [4.]5.  The provisions of paragraph (b) of subsection 1 do not apply to an advanced practitioner of nursing who obtains a certificate of recognition before July 1, 2014.

      Sec. 10. NRS 633.165 is hereby amended to read as follows:

      633.165  1.  An osteopathic physician may engage in telemedicine [in] from within or outside this State or the United States if he or she possesses an unrestricted license to practice osteopathic medicine in this State pursuant to this chapter. An osteopathic physician who engages in telemedicine:

      (a) Except as otherwise provided by specific statute or regulation, shall comply with the provisions of this chapter and the regulations of the Board; and

      (b) To the extent not inconsistent with the Nevada Constitution or the United States Constitution, is subject to the jurisdiction of the courts of this State.

      2.  If an osteopathic physician engages in telemedicine with a patient who is physically located in another state or territory of the United States, the osteopathic physician shall, before engaging in telemedicine with the patient, take any steps necessary to be authorized or licensed to practice osteopathic medicine in the other state or territory of the United States in which the patient is physically located.

      [2.]3.  Except as otherwise provided in subsections [3] 4 and [4,] 5, before an osteopathic physician may engage in telemedicine pursuant to this section:

      (a) A bona fide relationship between the osteopathic physician and the patient must exist which must include, without limitation, a history and [physical] an examination or consultation which occurred in person or through the use of telemedicine and which was sufficient to establish a diagnosis and identify any underlying medical conditions of the patient.

      (b) The osteopathic physician must obtain informed [, written] consent from the patient or the legal representative of the patient to engage in telemedicine with the patient. The osteopathic physician shall [maintain] document the consent [form] as part of the permanent medical record of the patient.

      (c) The osteopathic physician must inform the patient : [, both orally and in writing:]

             (1) That the patient or the legal representative of the patient may withdraw the consent provided pursuant to paragraph (b) at any time;

             (2) Of the potential risks, consequences and benefits of telemedicine;

             (3) Whether the osteopathic physician has a financial interest in the Internet website used to engage in telemedicine or in the products or services provided to the patient via telemedicine; and

             (4) That the transmission of any confidential medical information while engaged in telemedicine is subject to all applicable federal and state laws with respect to the protection of and access to confidential medical information . [; and

             (5) That the osteopathic physician will not release any confidential medical information without the express, written consent of the patient or the legal representative of the patient.]

 


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      [3.]4.  An osteopathic physician is not required to comply with the provisions of paragraph (a) of subsection [2] 3 if the osteopathic physician engages in telemedicine for the purposes of making a diagnostic interpretation of a medical examination, study or test of the patient.

      [4.]5.  An osteopathic physician is not required to comply with the provisions of paragraph (a) or (c) of subsection [2] 3 in an emergency medical situation.

      [5.]6.  The provisions of this section must not be interpreted or construed to:

      (a) Modify, expand or alter the scope of practice of an osteopathic physician pursuant to this chapter; or

      (b) Authorize the practice of osteopathic medicine or delivery of care by an osteopathic physician in a setting that is not authorized by law or in a manner that violates the standard of care required of an osteopathic physician pursuant to this chapter.

      [6.]7.  As used in this section, “telemedicine” means the practice of osteopathic medicine [through the synchronous or asynchronous transfer of medical data or information using interactive audio, video or data communication, other than through a standard telephone, facsimile transmission or electronic mail message.] by using equipment that transfers information concerning the medical condition of a patient electronically, telephonically or by fiber optics.

      Sec. 11. NRS 633.415 is hereby amended to read as follows:

      633.415  1.  Except as otherwise provided in NRS 633.315, the Board may issue a special license to teach, research or practice osteopathic medicine to a person [who:

      (a) Is] if:

      (a) The person:

             (1) Submits to the Board:

                   (I) Proof that the person is a graduate of a foreign school which teaches osteopathic medicine;

      [(b) Teaches,]

                   (II) Proof that the person teaches, researches or practices osteopathic medicine outside the United States;

      [(c) Is a recognized expert in osteopathic medicine;] and

      [(d)](III) Any other documentation or proof of qualifications required by the Board; and

             (2) Intends to teach, research or practice [clinical] osteopathic medicine at a medical facility, medical research facility or school of osteopathic medicine in this State.

      (b) Any other documentation or proof of qualifications required by the Board is authenticated in a manner approved by the Board.

      2.  A person who applies for a special license pursuant to this section is not required to take or pass a written examination concerning his or her qualifications to practice osteopathic medicine . [, but the person must satisfy the requirements for a special license set forth in regulations adopted by the Board.]

      3.  A person who holds a special license issued pursuant to this section may practice osteopathic medicine in this State only in accordance with the terms and restrictions established by the Board.

      4.  If a person who holds a special license issued pursuant to this section ceases to teach, research or practice [clinical] osteopathic medicine in this State at the medical facility, medical research facility or school of osteopathic medicine where the person is employed:

 


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State at the medical facility, medical research facility or school of osteopathic medicine where the person is employed:

      (a) The medical facility, medical research facility or school of osteopathic medicine, as applicable, shall notify the Board; and

      (b) Upon receipt of such notification, the special license expires automatically.

      5.  The Board may renew or modify a special license issued pursuant to this section, unless the special license has expired automatically or has been revoked.

      6.  The provisions of this section do not limit the authority of the Board to issue a special license to an applicant in accordance with any other provision of this chapter.

      7.  A special license to teach, research or practice osteopathic medicine may be issued, renewed or modified at a meeting of the Board or between its meetings by the President and the Executive Director of the Board. Such an action shall be deemed to be an action of the Board.

      Sec. 12. NRS 633.469 is hereby amended to read as follows:

      633.469  1.  A supervising osteopathic physician shall provide supervision to his or her physician assistant continuously whenever the physician assistant is performing his or her professional duties.

      2.  Except as otherwise provided in subsection 3, a supervising osteopathic physician may provide supervision to his or her physician assistant in person [or by telecommunication.] , electronically, telephonically or by fiber optics. When providing supervision [by telecommunication,] electronically, telephonically or by fiber optics, a supervising osteopathic physician may be at a different site than the physician assistant [.] , including a site located within or outside this State or the United States.

      3.  A supervising osteopathic physician shall provide supervision to his or her physician assistant in person at all times during the first 30 days that the supervising osteopathic physician supervises the physician assistant. [After the first 30 days, the supervising osteopathic physician shall not regularly maintain the physician assistant at a different site than the supervising osteopathic physician.] The provisions of this subsection do not apply to a federally qualified health center.

      4.  Before beginning to supervise a physician assistant, a supervising osteopathic physician must communicate to the physician assistant:

      (a) The scope of practice of the physician assistant;

      (b) The access to the supervising osteopathic physician that the physician assistant will have; and

      (c) Any processes for evaluation that the supervising osteopathic physician will use to evaluate the physician assistant.

      5.  A supervising osteopathic physician shall not delegate to his or her physician assistant, and the physician assistant shall not accept, a task that is beyond the physician assistant’s capability to complete safely.

      6.  As used in this section, “federally qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      Sec. 13. NRS 639.0151 is hereby amended to read as follows:

      639.0151  “Remote site” means:

      1.  A pharmacy staffed by a pharmaceutical technician and equipped to facilitate communicative access to a pharmacy and its registered pharmacists; or

 


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      2.  An office [:

      (a) Of] of a dispensing practitioner [who is employed by a nonprofit entity] that is [designated as a federally qualified health center; and

      (b) That is:

             (1) Staffed] staffed by a dispensing technician [;] and

             [(2) Equipped] equipped to facilitate communicative access to the dispensing practitioner,

Ê [via computer link, video link and audio link] electronically, telephonically or by fiber optics during regular business hours [.] from within or outside this State or the United States.

      Sec. 14. NRS 639.0153 is hereby amended to read as follows:

      639.0153  “Satellite consultation site” means a site that only dispenses filled prescriptions which are delivered to that site after the prescriptions are prepared:

      1.  At a pharmacy where a registered pharmacist provides consultation to patients [via computer link, video link and audio link during regular business hours;] ; or

      2.  At an office [:

      (a) Of] of a dispensing practitioner [who is employed by a nonprofit entity that is designated as a federally qualified health center; and

      (b) Where] where the dispensing practitioner provides consultation to patients [via computer link, video link and audio link] ,

Ê electronically, telephonically or by fiber optics during regular business hours [.] from within or outside this State or the United States.

      Sec. 15. NRS 639.0154 is hereby amended to read as follows:

      639.0154  “Telepharmacy” means:

      1.  A pharmacy; or

      2.  An office of a dispensing practitioner , [who is employed by a nonprofit entity that is designated as a federally qualified health center,]

Ê that is accessible by a remote site or a satellite consultation site [via computer link, video link and audio link.] electronically, telephonically or by fiber optics from within or outside this State or the United States.

      Sec. 16. NRS 639.0727 is hereby amended to read as follows:

      639.0727  The Board shall adopt regulations:

      1.  As are necessary for the safe and efficient operation of remote sites, satellite consultation sites and telepharmacies; [and]

      2.  To define the terms “dispensing practitioner” and “dispensing technician,” to provide for the registration and discipline of dispensing practitioners and dispensing technicians, and to set forth the qualifications, powers and duties of dispensing practitioners and dispensing technicians [.] ;

      3.  To authorize registered pharmacists to engage in the practice of pharmacy electronically, telephonically or by fiber optics from within this State; and

      4.  To authorize prescriptions to be filled and dispensed to patients as prescribed by practitioners electronically, telephonically or by fiber optics from within or outside this State or the United States.

      Sec. 17. NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:

 


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to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:

      (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and

      (b) Complies with the regulations adopted by the Board.

      2.  Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless the person has obtained a license from the Board.

      3.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the organization, manufacturer or wholesaler has obtained a license from the Board.

      4.  Each application for such a license must be made on a form furnished by the Board and an application must not be considered by the Board until all the information required thereon has been completed. Upon approval of the application by the Board and the payment of the required fee, the Board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location.

      5.  The Board shall not condition, limit, restrict or otherwise deny to a prescribing practitioner the issuance of a certificate, license, registration, permit or authorization to prescribe controlled substances or dangerous drugs because the practitioner is located outside this State.

      Sec. 18. NRS 639.23277 is hereby amended to read as follows:

      639.23277  1.  In addition to the requirements set forth in this chapter and any other specific statute, a remote site or satellite consultation site must be located:

      (a) At least 50 miles or more from the nearest pharmacy; and

      (b) In a service area with a total population of less than 2,000.

      2.  A remote site or satellite consultation site may be operated by:

      (a) A pharmaceutical technician without the physical presence of a managing pharmacist, except that the managing pharmacist of the telepharmacy shall also be deemed the managing pharmacist of the remote site or satellite consultation site; or

      (b) A dispensing technician without the physical presence of a dispensing practitioner , [who is employed by a nonprofit entity that is designated as a federally qualified health center,] except that the dispensing practitioner of the telepharmacy shall also be deemed the managing pharmacist of the remote site or satellite consultation site.

      3.  The Board shall adopt regulations for the purposes of this section, which establish the manner of determining a “service area.” Such a “service area” must be a geographical area of between 5 and 10 miles in radius. In adopting the regulations, the Board may consider, without limitation, the ease or difficulty of access to the nearest pharmacy and the availability of roadways.

 


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ê2013 Statutes of Nevada, Page 2022 (Chapter 378, SB 327)ê

 

      Sec. 19. NRS 639.235 is hereby amended to read as follows:

      639.235  1.  No person other than a practitioner holding a license to practice his or her profession in this State may prescribe or write a prescription, except that a prescription written by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, shall be deemed to be a legal prescription unless the person prescribed or wrote the prescription in violation of the provisions of NRS 453.3611 to 453.3648, inclusive.

      2.  If a prescription that is prescribed by a person who is not licensed to practice in this State, but is authorized by the laws of another state to prescribe, calls for a controlled substance listed in:

      (a) Schedule II, the registered pharmacist who is to fill the prescription shall establish and document that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written.

      (b) Schedule III or IV, the registered pharmacist who is to fill the prescription shall establish that the prescription is authentic and that a bona fide relationship between the patient and the person prescribing the controlled substance did exist when the prescription was written. This paragraph does not require the registered pharmacist to inquire into such a relationship upon the receipt of a similar prescription subsequently issued for that patient.

      3.  A pharmacist who fills a prescription described in subsection 2 shall record on the prescription or in the prescription record in the pharmacy’s computer:

      (a) The name of the person with whom the pharmacist spoke concerning the prescription;

      (b) The date and time of the conversation; and

      (c) The date and time the patient was [physically] examined by the person prescribing the controlled substance for which the prescription was issued.

      4.  For the purposes of subsection 2, a bona fide relationship between the patient and the person prescribing the controlled substance shall be deemed to exist if the patient was [physically] examined in person, electronically, telephonically or by fiber optics within or outside this State or the United States by the person prescribing the controlled substances within the 6 months immediately preceding the date the prescription was issued.

      Sec. 19.3. NRS 639.2392 is hereby amended to read as follows:

      639.2392  1.  A record of each refill of any prescription for a controlled substance or dangerous drug or any authorization to refill such a prescription must be kept:

      (a) On the back of the original prescription; [or]

      (b) In a bound book or separate file [.] ; or

      (c) In an electronic record that is readily retrievable.

      2.  The record must include:

      (a) The date of each refill or authorization;

      (b) The number of dosage units; and

      (c) The signature or initials of the pharmacist who refilled the prescription or obtained the authorization to refill.

 

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