[Rev. 10/24/2013 8:07:09 PM--2013]

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ê2013 Statutes of Nevada, Page 2023 (Chapter 378, SB 327)ê

 

      Sec. 19.7. NRS 639.2396 is hereby amended to read as follows:

      639.2396  [A] 1.  Except as otherwise provided by subsection 2, a prescription which bears specific authorization to refill, given by the prescribing practitioner at the time he or she issued the original prescription, or a prescription which bears authorization permitting the pharmacist to refill the prescription as needed by the patient, may be refilled for the number of times authorized or for the period authorized if it was refilled in accordance with the number of doses ordered and the directions for use.

      2.  A pharmacist may, in his or her professional judgment and pursuant to a valid prescription that specifies an initial amount of less than a 90-day supply of a drug other than a controlled substance followed by periodic refills of the initial amount of the drug, dispense not more than a 90-day supply of the drug if:

      (a) The patient has used an initial 30-day supply of the drug or the drug has previously been prescribed to the patient in a 90-day supply;

      (b) The total number of dosage units that are dispensed pursuant to the prescription does not exceed the total number of dosage units, including refills, that are authorized on the prescription by the prescribing practitioner; and

      (c) The prescribing practitioner has not specified on the prescription that dispensing the prescription in an initial amount of less than a 90-day supply followed by periodic refills of the initial amount of the drug is medically necessary.

      3.  Nothing in this section shall be construed to alter the coverage provided under any contract or policy of health insurance, health plan or program or other agreement arrangement that provides health coverage.

      Sec. 20. NRS 639.0072 is hereby repealed.

      Sec. 21.  1.  This section and sections 1 to 8, inclusive, and 10 to 20, inclusive, of this act become effective upon passage and approval.

      2.  Section 8 of this act expires by limitation on June 30, 2014.

      3.  Section 9 of this act becomes effective on July 1, 2014.

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CHAPTER 379, SB 442

Senate Bill No. 442–Committee on Education

 

CHAPTER 379

 

[Approved: June 2, 2013]

 

AN ACT relating to education; eliminating various mandates relating to schools; revising provisions relating to the reporting of incidences of bullying, cyber-bullying, harassment and intimidation occurring at public schools; revising provisions governing the examinations of the height and weight of pupils enrolled in public schools; and providing other matters properly relating thereto.

 

 

 

 


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Legislative Counsel’s Digest:

      This bill deletes and repeals certain provisions relating to education and thereby eliminates: (1) a requirement that the Superintendent of Public Instruction prescribe a certain form of school register, prepare pamphlet copies of laws relating to schools for various school officials and provide a certain memorandum to the board of trustees of each school district and to the governing body of each charter school (NRS 385.210); (2) a description of the duties of the board of trustees of a school district and the governing body of a charter school in response to a memorandum transmitted to it pursuant to NRS 385.210 (NRS 386.360, 386.552); (3) a requirement, effective on July 1, 2013, that the boards of trustees of certain school districts adopt a pilot program to provide a program of small learning communities for middle school and junior high school pupils (NRS 388.171); (4) a requirement that the board of trustees of each school district adopt a policy for each middle school and junior high school in the district to provide a program of peer mentoring (NRS 388.176); (5) a requirement that the board of trustees of each school district adopt a policy for certain pupil-led conferences (NRS 388.181); (6) requirements relating to small learning communities for ninth grade pupils in certain larger schools (NRS 388.215); (7) certain requirements for a policy for peer mentoring in public high schools (NRS 388.221); (8) a requirement that the board of trustees of each school district and the governing body of each charter school submit the results of a certain examination of achievement and proficiency of pupils to certain persons and entities (NRS 389.560); (9) provisions relating to the establishment of school attendance councils (NRS 392.129); (10) a reporting requirement relating to alternative schedules (Chapter 489, Statutes of Nevada 2003, p. 3219); and (11) reporting requirements relating to the use of environmentally sensitive cleaning and maintenance products within school districts. (Chapter 244, Statutes of Nevada 2009, p. 985)

      Under existing law, the board of trustees of each school district is required to review and compile reports for submission to the Department of Education relating to the number of reported violations of provisions relating to bullying, cyber-bullying, harassment and intimidation occurring at the public schools within the school district and any actions taken by the public schools to reduce the number of those violations. (NRS 388.1353) Also under existing law, the Superintendent of Public Instruction is required to compile each report submitted by each school district and submit the written compilation to the Attorney General. (NRS 388.1355) Section 7 of this bill eliminates these reporting requirements, and sections 2.3 and 2.5 of this bill require the contents of those reports to be included within the annual reports of accountability prepared by the State Board of Education and the board of trustees of each school district. (NRS 385.3469, 385.347)

      Under existing law, the board of trustees of each school district is required to conduct examinations of the height and weight of a representative sample of pupils enrolled in grades 4, 7 and 10. (NRS 392.420) This requirement is scheduled to expire on June 30, 2015. (Chapter 285, Statutes of Nevada 2009, p. 1204) Section 4.5 of this bill limits this requirement relating to the examinations of the height and weight of pupils to a school district in a county whose population is 100,000 or more (currently Clark and Washoe Counties).

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 2.3. 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.

 


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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.

      (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.

      (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).

      (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.

      (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.

      (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 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.

 


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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

                   (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

 


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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.

      (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.

 


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      (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:

             (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.

 


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      (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.

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

            (1) The number of [incidents] reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school;

             (2) 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.] ; and

 


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             (3) Any actions taken to reduce the number of incidences of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      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 shall prescribe a mechanism 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;

      (b) Be prepared in a concise manner; and

      (c) 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. 2.5. NRS 385.347 is hereby amended to read as follows:

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

 


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      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:

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

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

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

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

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

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

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools 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.

 


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             (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 shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school 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.

      (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.

 


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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;

             (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.

 


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      (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.

      (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.

 


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      (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:

             (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.

 


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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 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.

      (cc) 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) 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) 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) 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

 


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             (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) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school;

             (2) 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.] ; and

             (3) Any actions taken to reduce the number of incidences of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

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

 


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      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.

      (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.

 


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      (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. 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. 3. NRS 388.221 is hereby amended to read as follows:

      388.221  1.  The board of trustees of each school district may adopt a policy for the public high schools in the district to provide a program of teen mentoring, which may include a component of adult mentoring, designed to:

      (a) Increase pupil participation in school activities, community activities and all levels of government; or

      (b) Increase the ability of ninth grade pupils enrolled in high school to successfully make the transition from middle school or junior high school to high school,

Ê or both.

      2.  [Any such policy must include, without limitation:

      (a) Guidelines for establishing:

             (1) Eligibility requirements for pupils who participate in the program as mentors or mentees, including, without limitation, any minimum grade level for pupils who serve as mentors and any minimum grade point average that must be maintained by pupils who serve as mentors. The guidelines may not require a pupil who participates in the program to maintain a grade point average that is higher than the grade point average required for a pupil to participate in sports at the high school the pupil attends.

 


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             (2) Training requirements for pupils who serve as mentors.

             (3) Incentives for pupils who serve as mentors.

      (b) A requirement that each public high school which establishes a program for teen mentoring must also establish a committee to select each pupil mentor who participates in the program. The policy must provide that the committee may select a pupil who does not meet the general eligibility requirements for mentors if the members of the committee determine that the pupil is otherwise qualified to serve as a mentor.

      (c) Any other provisions that the board of trustees deems appropriate.

      3.]  If the board of trustees of a school district has adopted a policy pursuant to subsection 1, the principal of each public high school in the district may:

      (a) Carry out a program of teen mentoring in accordance with the policy prescribed by the board of trustees pursuant to subsection 1;

      (b) Adopt other policies for the program of teen mentoring that are consistent with this section and the policy prescribed by the board of trustees pursuant to subsection 1; and

      (c) On a date prescribed by the board of trustees, submit an annual report to the board of trustees and the Legislature that sets forth a summary of:

             (1) The specific activities of the program of teen mentoring; and

             (2) The effectiveness of the program in increasing pupil participation in school activities, community activities and all levels of government or in increasing the ability of ninth grade pupils to successfully make the transition from middle school or junior high school to high school, as applicable to the type of program in effect at the school.

      [4.]3.  If the board of trustees of a school district has not adopted a policy pursuant to subsection 1, the principal of a public high school in the district may carry out a program of teen mentoring and take any action described in paragraph (b) or (c) of subsection [3] 2 if:

      (a) The principal submits to the board of trustees for its approval a plan for such a program of teen mentoring that is consistent with the provisions of this section; and

      (b) The board of trustees approves the plan.

      [5.]4.  A plan submitted to a board of trustees of a school district pursuant to subsection [4] 3 shall be deemed approved if the board of trustees does not act upon the plan within 60 days after the date on which the board of trustees receives the plan.

      [6.]5.  The board of trustees of each school district and each public high school may apply for and accept gifts, grants and donations from any source for the support of the board of trustees or a public high school in carrying out a program of teen mentoring pursuant to the provisions of this section. Any money received pursuant to this subsection may be used only for purposes of carrying out a program of teen mentoring pursuant to the provisions of this section.

      [7.]6.  This section does not preclude a board of trustees of a school district or a public high school from continuing any other similar program of teen mentoring that exists on May 22, 2009.

      Sec. 4. NRS 392.127 is hereby amended to read as follows:

      392.127  The board of trustees of each school district shall provide administrative support to [:

      1.  Each] each advisory board to review school attendance created in its county pursuant to NRS 392.126.

 


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      [2.  If applicable, each school attendance council established pursuant to NRS 392.129.]

      Sec. 4.5. NRS 392.420 is hereby amended to read as follows:

      392.420  1.  In each school at which a school nurse is responsible for providing nursing services, the school nurse shall plan for and carry out, or supervise qualified health personnel in carrying out, a separate and careful observation and examination of every child who is regularly enrolled in a grade specified by the board of trustees or superintendent of schools of the school district in accordance with this subsection to determine whether the child has scoliosis, any visual or auditory problem, or any gross physical defect. The grades in which the observations and examinations must be carried out are as follows:

      (a) For visual and auditory problems:

            (1) Before the completion of the first year of initial enrollment in elementary school;

             (2) In at least one additional grade of the elementary schools; and

             (3) In one grade of the middle or junior high schools and one grade of the high schools; and

      (b) For scoliosis, in at least one grade of schools below the high schools.

Ê Any person other than a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, who performs an observation or examination pursuant to this subsection must be trained by a school nurse to conduct the observation or examination.

      2.  In addition to the requirements of subsection 1, the board of trustees of each school district in a county whose population is 100,000 or more shall conduct examinations of the height and weight of a representative sample of pupils enrolled in grades 4, 7 and 10 in the schools within the school district. In addition to those grade levels, such a school district may conduct examinations of the height and weight of a representative sample of pupils enrolled in other grade levels within the school district. The Health Division of the Department of Health and Human Services shall define “representative sample” in collaboration with [the] each school [districts] district in a county whose population is 100,000 or more for purposes of this subsection.

      3.  If any child is attending school in a grade above one of the specified grades and has not previously received such an observation and examination, the child must be included in the current schedule for observation and examination. Any child who is newly enrolled in the district must be examined for any medical condition for which children in a lower grade are examined.

      4.  A special examination for a possible visual or auditory problem must be provided for any child who:

      (a) Is enrolled in a special program;

      (b) Is repeating a grade;

      (c) Has failed an examination for a visual or auditory problem during the previous school year; or

      (d) Shows in any other way that the child may have such a problem.

      5.  The school authorities shall notify the parent or guardian of any child who is found or believed to have scoliosis, any visual or auditory problem, or any gross physical defect, and shall recommend that appropriate medical attention be secured to correct it.

 


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      6.  In any school district in which state, county or district public health services are available or conveniently obtainable, those services may be used to meet the responsibilities assigned under the provisions of this section. The board of trustees of the school district may employ qualified personnel to perform them. Any nursing services provided by such qualified personnel must be performed in compliance with chapter 632 of NRS.

      7.  The board of trustees of a school district may adopt a policy which encourages the school district and schools within the school district to collaborate with:

      (a) Qualified health care providers within the community to perform, or assist in the performance of, the services required by this section; and

      (b) Postsecondary educational institutions for qualified students enrolled in such an institution in a health-related program to perform, or assist in the performance of, the services required by this section.

      8.  The school authorities shall provide notice to the parent or guardian of a child before performing on the child the examinations required by this section. The notice must inform the parent or guardian of the right to exempt the child from all or part of the examinations. Any child must be exempted from an examination if the child’s parent or guardian files with the teacher a written statement objecting to the examination.

      9.  Except as otherwise provided in this subsection, each school nurse or a designee of a school nurse, including, without limitation, a person employed at a school to provide basic first aid and health services to pupils, shall report the results of the examinations conducted pursuant to this section in each school at which he or she is responsible for providing services to the State Health Officer in the format prescribed by the State Health Officer. If a school district in a county whose population is 100,000 or more conducts examinations of the height and weight of a representative sample of pupils enrolled in grade levels other than the grade levels required by subsection 2, the results of those examinations must not be included in the report submitted to the State Health Officer. Each such report must exclude any identifying information relating to a particular child. The State Health Officer shall compile all such information the Officer receives to monitor the health status of children and shall retain the information.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. Section 38 of chapter 509, Statutes of Nevada 2011, at page 3504, is hereby amended to read as follows:

       Sec. 38.  1.  This section and section 36.7 of this act become effective upon passage and approval.

       2.  Sections 1 to 21, inclusive, 21.5 to 36.5, inclusive, and 37 of this act become effective on July 1, 2011.

       [3.  Section 21.3 of this act becomes effective on July 1, 2011, for the purpose of adopting the pilot program required by that section and on July 1, 2013, for all other purposes.]

      Sec. 7.  1.  NRS 385.210, 386.360, 386.552, 388.1353, 388.1355, 388.171, 388.176, 388.181, 388.215, 389.560 and 392.129 are hereby repealed.

      2.  Section 7 of chapter 489, Statutes of Nevada 2003, at page 3219 is hereby repealed.

      3.  Section 6 of chapter 244, Statutes of Nevada 2009, at page 985 is hereby repealed.

 


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ê2013 Statutes of Nevada, Page 2043 (Chapter 379, SB 442)ê

 

      4.  Section 21.3 of chapter 509, Statutes of Nevada 2011, at page 3499 is hereby repealed.

      Sec. 8.  This act becomes effective on July 1, 2013.

________

 

CHAPTER 380, SB 456

Senate Bill No. 456–Committee on Transportation

 

CHAPTER 380

 

[Approved: June 2, 2013]

 

AN ACT relating to tow cars; authorizing certain insurance companies to designate vehicle storage lots; requiring operators of tow cars to tow certain vehicles to designated vehicle storage lots under certain circumstances; revising certain provisions relating to operators of tow cars; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 3 of this bill authorizes an insurance company to designate certain vehicle storage lots to which certain vehicles insured by the insurance company must be towed under certain circumstances. Section 3 requires a law enforcement officer to make a good faith effort to determine the identity of the insurance company that provides coverage for the owner of such a vehicle and to make a good faith effort to communicate that information to the operator of the tow car before the vehicle is towed. Section 3 further provides that the amendatory provisions of this bill apply only to a county whose population is 700,000 or more (currently Clark County). Section 2 of this bill expresses the sense of the Legislature that the provisions of section 3 constitute an exercise of the safety regulatory authority of this State with respect to motor vehicles.

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. The Legislature hereby finds and declares that:

      1.  Towing a vehicle, either after an accident or after the vehicle is stolen and subsequently recovered, to a vehicle storage lot designated by the insurer of the vehicle will result in the placement of vehicle storage lots in more locations, as insurance companies will designate as many vehicle storage lots as are necessary to provide coverage throughout the county, thus enhancing safety by limiting both the time and distance that a tow car is traveling with a towed vehicle.

      2.  Authorizing insurance companies to designate vehicle storage lots will enhance safety by ensuring that the vehicles towed thereto are stored in locations which:

      (a) Guarantee safe access to the vehicles by their owners; and

      (b) Protect the property of the owners of the vehicles, including, without limitation, the vehicles themselves.

 


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ê2013 Statutes of Nevada, Page 2044 (Chapter 380, SB 456)ê

 

      3.  The provisions of section 3 of this act constitute an exercise of the safety regulatory authority of this State with respect to motor vehicles.

      Sec. 3. 1.  An insurance company may designate one or more vehicle storage lots to which all vehicles that are towed at the request of a law enforcement officer:

      (a) Following an accident; or

      (b) Following recovery after having been stolen,

Ê and which are insured by that insurance company must be towed pursuant to subsection 2. The designation of a vehicle storage lot must be provided in writing by the insurance company, its representative or the owner or operator of the vehicle storage lot to all providers of towing services that have obtained a certificate of public convenience and necessity and operate in the same geographical area in which the designated vehicle storage lot is situated.

      2.  If a law enforcement officer requests that an operator of a tow car tow a vehicle following an accident or following recovery after having been stolen and the vehicle is not otherwise subject to impoundment, the law enforcement officer shall make a good faith effort to determine the identity of the insurance company that provides coverage for the owner of the vehicle. If the law enforcement officer determines the identity of the insurance company, he or she shall inform the operator of the tow car of the identity of the insurance company. If the operator of the tow car:

      (a) Is informed by a law enforcement officer of the identity of the insurance company that provides coverage for the owner of the vehicle; or

      (b) Otherwise determines the identity of the insurance company that provides coverage for the owner of the vehicle,

Ê and the insurance company has designated a vehicle storage lot pursuant to subsection 1, the operator of the tow car shall tow the vehicle to the designated vehicle storage lot unless the owner of the vehicle or a representative of the insurance company has directed otherwise.

      3.  If an operator of a tow car fails to tow a vehicle to the designated vehicle storage lot pursuant to subsection 2, the operator of the tow car shall:

      (a) Forfeit the charge for towing and storage of the vehicle; and

      (b) Tow the vehicle free of charge to the vehicle storage lot designated by the insurance company or its representative not later than 24 hours after receiving a demand, which must be made in writing or by electronic mail, from the insurance company or its representative.

      4.  The owners of a vehicle storage lot designated by an insurance company pursuant to subsection 1 shall agree in writing to indemnify the relevant law enforcement agencies and their officers, employees, agents and representatives from any liability relating to the towing of a vehicle insured by the designating insurance company and to the storing of the vehicle at the vehicle storage lot if the law enforcement officer who requested the towing of the vehicle made a good faith effort to comply with the provisions of subsection 2.

      5.  A vehicle storage lot must:

      (a) Maintain adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed to the vehicle storage lot;

      (b) Comply with all standards a law enforcement agency may adopt pursuant to NRS 706.4485 to protect the health, safety and welfare of the public;

 


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ê2013 Statutes of Nevada, Page 2045 (Chapter 380, SB 456)ê

 

      (c) Comply with all local laws and ordinances applicable to that business, including, without limitation, local laws and ordinances relating to business licenses, zoning, building and fire codes, parking, paving, lights and security; and

      (d) If the vehicle storage lot is a salvage pool as that term is defined in NRS 487.400, comply with all applicable requirements imposed pursuant to NRS 487.400 to 487.510, inclusive.

      6.  If a vehicle storage lot has rates and charges that have been approved by the Authority for the storage of a vehicle, the vehicle storage lot is not required to assess those rates and charges for the storage of a vehicle that is towed to the vehicle storage lot in accordance with this section, but may not assess a rate or charge in excess of those approved rates and charges. If a vehicle storage lot does not have rates and charges that have been approved by the Authority, it may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the law enforcement agency that requested the tow. If the requesting law enforcement agency does not have approved rates and charges, the vehicle storage lot may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the largest law enforcement agency in the county. An operator of a tow car who tows a vehicle to a vehicle storage lot pursuant to this section:

      (a) Shall assess the rates and charges approved by the Authority for towing the vehicle.

      (b) Is entitled to payment from the operator of the vehicle storage lot at the time the vehicle is towed to the vehicle storage lot.

      7.  Before designating a vehicle storage lot pursuant to subsection 1, an insurance company must obtain the approval of the Authority. The Authority shall approve the designation if the Authority determines that the vehicle storage lot has:

      (a) Executed an indemnification agreement that meets the requirements of subsection 4;

      (b) Satisfied the requirements of subsection 5; and

      (c) Otherwise satisfied the requirements of this section.

      8.  The provisions of this section apply only to a county whose population is 700,000 or more.

      9.  As used in this section:

      (a) “Boat” means any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      (b) “Vehicle” has the meaning ascribed to it in NRS 706.146 and includes all terrain vehicles and boats.

      (c) “Vehicle storage lot” means a business which, for a fee, stores vehicles that are towed at the request of a law enforcement officer following an accident or following recovery after having been stolen and includes, without limitation, a salvage pool, as that term is defined in NRS 487.400, which operates a vehicle storage lot in accordance with the provisions of this section. The term does not include a salvage pool that has not elected to operate a vehicle storage lot in accordance with the provisions of this section and is operating within the scope of its authority pursuant to NRS 487.400 to 487.510, inclusive.

 


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ê2013 Statutes of Nevada, Page 2046 (Chapter 380, SB 456)ê

 

      Sec. 4. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 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. 5. NRS 706.163 is hereby amended to read as follows:

      706.163  The provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 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. 6. NRS 706.166 is hereby amended to read as follows:

      706.166  The Authority shall:

      1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate:

      (a) Every fully regulated carrier and broker of regulated services in this State in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the Authority or the Department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:

      (a) Fares of fully regulated carriers;

      (b) All rates of fully regulated carriers and rates of operators of tow cars 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;

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) All charges of fully regulated carriers and charges of operators of tow cars 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, including charges between carriers and compensation paid or received for the use of facilities and equipment.

Ê These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

 


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ê2013 Statutes of Nevada, Page 2047 (Chapter 380, SB 456)ê

 

      5.  Review decisions of the Taxicab Authority appealed to the Authority pursuant to NRS 706.8819.

      Sec. 7. NRS 706.286 is hereby amended to read as follows:

      706.286  1.  When a complaint is made against any fully regulated carrier or operator of a tow car by any person, that:

      (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any fully regulated carrier or by any operator of a tow car 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 are in any respect unreasonable or unjustly discriminatory;

      (b) Any of the provisions of NRS 706.445 to 706.453, inclusive, and section 3 of this act have been violated;

      (c) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory; or

      (d) Any service is inadequate,

Ê the Authority shall investigate the complaint. After receiving the complaint, the Authority shall give a copy of it to the carrier or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the carrier or operator of a tow car shall provide the Authority with its written response to the complaint according to the regulations of the Authority.

      2.  If the Authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 706.2865.

      Sec. 8. NRS 706.321 is hereby amended to read as follows:

      706.321  1.  Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 3 of this act.

      2.  Every operator of a tow car shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates and charges 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 which the operator has established and which are in force at the time of filing.

 


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ê2013 Statutes of Nevada, Page 2048 (Chapter 380, SB 456)ê

 

      (b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged 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 and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 3 of this act.

      3.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the Authority, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The Authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

      4.  The Authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

      5.  The Authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

      6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the Authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the Authority, or pursuant to NRS 706.2883.

      7.  All regulations, practices and service prescribed by the Authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the Authority itself upon satisfactory showing made.

      Sec. 9. NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 3 of this act.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the Authority.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

 


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ê2013 Statutes of Nevada, Page 2049 (Chapter 380, SB 456)ê

 

      (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

      5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      Sec. 10. NRS 706.4464 is hereby amended to read as follows:

      706.4464  1.  An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and section 3 of this act, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.

      2.  The Authority shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:

      (a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and section 3 of this act and the regulations adopted by the Authority pursuant to those provisions;

      (b) Uses equipment that is in compliance with the regulations adopted by the Authority;

      (c) Has provided evidence that the transferee has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the transferee has filed with the Authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

 


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ê2013 Statutes of Nevada, Page 2050 (Chapter 380, SB 456)ê

 

      3.  The Authority may hold a hearing concerning an application submitted pursuant to this section only if:

      (a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.

      4.  The Authority shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.

      5.  The approval by the Authority of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.

      Sec. 11. NRS 706.4483 is hereby amended to read as follows:

      706.4483  1.  The Authority shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and section 3 of this act.

      2.  In addition to any other remedies that may be available to the Authority to act upon complaints, the Authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the Authority determines to be appropriate.

      Sec. 12. NRS 706.4485 is hereby amended to read as follows:

      706.4485  1.  A law enforcement agency that maintains and uses a list of operators of tow cars which are called by that agency to provide towing shall not include an operator of a tow car on the list unless the operator:

      (a) Holds a certificate of public convenience and necessity issued by the Authority.

      (b) Complies with all applicable provisions of this chapter and chapters 482 and 484A to 484E, inclusive, of NRS.

      (c) Agrees to respond in a timely manner to requests for towing made by the agency.

      (d) Maintains adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed.

      (e) Complies with all standards the law enforcement agency may adopt to protect the health, safety and welfare of the public.

      (f) [Assesses] Except as otherwise provided in section 3 of this act, assesses only rates and charges that have been approved by the Authority 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.

      2.  The Authority shall not require that an operator of a tow car charge the same rate to law enforcement agencies 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 that the operator charges to other persons for such services.

      3.  Except as otherwise provided in this subsection, if an operator of a tow car is included on a list of operators of tow cars that is maintained and used by the Nevada Highway Patrol pursuant to this section, the Nevada Highway Patrol shall not remove the operator of the tow car from the list, or restrict the operator’s use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as one other operator of a tow car who is included on the list and operates in the same geographical area.

 


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ê2013 Statutes of Nevada, Page 2051 (Chapter 380, SB 456)ê

 

restrict the operator’s use pursuant thereto, solely on the ground that the operator is insured under the same policy of insurance as one other operator of a tow car who is included on the list and operates in the same geographical area. An operator of a tow car is not eligible for inclusion on the list if the operator is insured under the same policy of insurance as two or more other operators of tow cars who are included on the list and operate in the same geographical area.

      Sec. 13. NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and section 3 of this act, for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and section 3 of this act, and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 14.  This act becomes effective upon passage and approval.

________

CHAPTER 381, AB 147

Assembly Bill No. 147–Assemblymen Ohrenschall, Pierce, Kirkpatrick, Dondero Loop, Kirner; Aizley, Elliot Anderson, Benitez-Thompson, Bobzien, Bustamante Adams, Carlton, Carrillo, Cohen, Daly, Diaz, Fiore, Frierson, Hambrick, Healey, Hickey, Horne, Martin, Munford, Neal, Spiegel and Swank

 

Joint Sponsors: Senators Segerblom, Denis, Manendo, Jones, Spearman; Ford, Kihuen and Woodhouse

 

CHAPTER 381

 

[Approved: June 3, 2013]

 

AN ACT relating to mammography; requiring a statement of the density of the patient’s breasts and a notice prescribed by the State Board of Health regarding breast density to be included in a report provided to a patient; authorizing an administrative fine for failure to comply with such requirements; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under federal law, a facility that performs a mammogram must provide directly to each patient a summary report describing the results of the mammogram written in terms that are easily understood by a lay person. (42 U.S.C. § 263b) Existing state law imposes certain requirements on the operation of a machine used to perform mammography and further provides for the imposition of an administrative fine for operation in violation of those requirements. (NRS 457.182-457.187) This bill requires the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform a mammogram to ensure that the summary report required by federal law includes a statement of the density of the patient’s breasts and a notice prescribed by the State Board of Health that includes certain information relating to breast density, breast cancer and the impact of breast density on the effectiveness of mammography. In addition, this bill authorizes the Health Division of the Department of Health and Human Services to impose an administrative fine for failure to provide such notice. (NRS 457.187)

 


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ê2013 Statutes of Nevada, Page 2052 (Chapter 381, AB 147)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 457 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammography must ensure that each report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV) includes, without limitation, a statement of the category of the patient’s breast density which is determined based on the Breast Imaging Reporting and Database System or such other guidelines as required by the State Board of Health by regulation, and the notice prescribed by the State Board of Health pursuant to subsection 2.

      2.  The State Board of Health shall prescribe by regulation the notice to be included in a report pursuant to subsection 1. The notice must include:

      (a) A statement regarding the benefits, risks and limitations of mammograms;

      (b) A description of factors that may affect the accuracy of a mammogram, including, without limitation, the density of breast tissue or the presence of breast implants;

      (c) A statement that encourages the patient to discuss with his or her provider of health care the patient’s specific risk factors for developing breast cancer; and

      (d) A statement that encourages the patient to discuss with his or her provider of health care whether the patient should adjust his or her schedule for mammograms or consider other appropriate screening options as a result of the patient’s breast density.

      3.  The notice prescribed by regulation pursuant to subsection 2 may include, without limitation:

      (a) A statement regarding the prevalence of dense breast tissue, the relationship between breast density and breast cancer and the manner in which breast density may change over time; and

      (b) A description of the factors that affect the risk of developing breast cancer.

      4.  Nothing in this section shall be construed to:

      (a) Create a duty of care or other legal obligation beyond the duty to provide the notice as set forth in this section.

      (b) Require a notice to be provided to a patient that is inconsistent with the notice required by the provisions of 42 U.S.C. § 263b or any regulations promulgated pursuant thereto.

      Sec. 2. NRS 457.182 is hereby amended to read as follows:

      457.182  As used in NRS 457.182 to 457.187, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.

      2.  “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.

 


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ê2013 Statutes of Nevada, Page 2053 (Chapter 381, AB 147)ê

 

      3.  “Radiography” means the making of a film or other record of an internal structure of the body by passing X rays or gamma rays through the body to act on film or other receptor of images.

      Sec. 3. NRS 457.187 is hereby amended to read as follows:

      457.187  1.  The Health Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, and section 1 of this act, or for a violation of a regulation adopted pursuant thereto.

      2.  Any money collected as a result of an administrative fine imposed pursuant to subsection 1 must be deposited in the State General Fund.

      Sec. 4.  On or before January 1, 2014, the State Board of Health shall adopt the regulations required by section 1 of this act.

      Sec. 5.  This act becomes effective upon passage and approval for the purpose of adopting regulations and any other preparatory administrative tasks and on January 1, 2014, for all other purposes.

________

CHAPTER 382, SB 522

Senate Bill No. 522–Committee on Finance

 

CHAPTER 382

 

[Approved: June 3, 2013]

 

AN ACT relating to education; ensuring sufficient funding for K-12 public education for the 2013-2015 biennium; apportioning the State Distributive School Account in the State General Fund for the 2013-2015 biennium; authorizing certain expenditures; making appropriations for purposes relating to basic support, class-size reduction and other educational purposes; temporarily diverting the money from the State Supplemental School Support Account to the State Distributive School Account for use in funding operating costs and other expenditures of school districts; and providing other matters properly relating thereto.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The basic support guarantee for school districts for operating purposes for Fiscal Year 2013-2014 is an estimated weighted average of $5,590 per pupil. For each respective school district, the basic support guarantee per pupil for Fiscal Year 2013-2014 is:

 

Carson City                                       $6,537

Churchill                                            $6,538

Clark                                                   $5,457

Douglas                                             $5,885

Elko                                                     $6,610

Esmeralda                                        $15,916

 


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ê2013 Statutes of Nevada, Page 2054 (Chapter 382, SB 522)ê

 

Eureka                                                   $100

Humboldt                                           $5,242

Lander                                                $1,051

Lincoln                                             $10,368

Lyon                                                   $7,082

Mineral                                               $9,534

Nye                                                     $7,038

Pershing                                             $8,675

Storey                                                 $8,345

Washoe                                             $5,504

White Pine                                         $7,288

      Sec. 2.  1.  The basic support guarantee for school districts for operating purposes for Fiscal Year 2014-2015 is an estimated weighted average of $5,676 per pupil.

      2.  On or before April 1, 2014, the Executive Director of the Department of Taxation shall provide to the Superintendent of Public Instruction the certified total of the amount of ad valorem taxes to be received by each school district for Fiscal Year 2014-2015 pursuant to the levy imposed under subsection 1 of NRS 387.195 and credited to the county’s school district fund pursuant to subsection 4 of NRS 387.195.

      3.  Pursuant to NRS 362.115, on or before March 15 of each year, the Department of Taxation shall provide the estimates required by that section.

      4.  For the purposes of establishing the basic support guarantee, the estimated basic support guarantee per pupil for each school district for Fiscal Year 2014-2015 for operating purposes are:

 

                                                         Basic                                                    Estimated

                                                       Support                                                      Basic

                                                     Guarantee                Estimated                Support

                                                        Before                  Ad Valorem            Guarantee

School District                         Adjustment             Adjustment           as Adjusted

Carson City                                      $5,879                          $764                       $6,643

Churchill                                           $5,784                          $845                       $6,629

Clark                                                  $4,721                          $823                       $5,544

Douglas                                            $3,996                       $2,002                       $5,998

Elko                                                   $5,804                          $888                       $6,692

Esmeralda                                       $10,717                       $5,081                     $15,798

Eureka                                          ($37,979)                     $38,079                          $100

Humboldt                                         $3,241                       $2,168                       $5,409

Lander                                          ($10,294)                     $10,679                          $385

Lincoln                                              $9,503                          $997                     $10,500

Lyon                                                  $6,501                          $685                       $7,186

Mineral                                             $8,387                       $1,235                       $9,622

Nye                                                    $5,945                       $1,140                       $7,085

Pershing                                           $6,460                       $2,278                       $8,738

Storey                                               $2,555                       $5,900                       $8,455

Washoe                                            $4,634                          $951                       $5,585

White Pine                                       $6,016                       $1,299                       $7,315

 

      5.  The ad valorem adjustment may be made only to take into account the difference in the ad valorem taxes to be received and the estimated enrollment of the school district between the amount estimated as of March 1, 2013, and the amount estimated as of March 1, 2014, for Fiscal Year 2014-2015.

 


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ê2013 Statutes of Nevada, Page 2055 (Chapter 382, SB 522)ê

 

March 1, 2013, and the amount estimated as of March 1, 2014, for Fiscal Year 2014-2015. The estimates received from the Department of Taxation on or before March 15 pursuant to subsection 3 must be taken into consideration in determining the adjustment.

      6.  Upon receipt of the certified total of ad valorem taxes to be received by each school district for Fiscal Year 2014-2015 pursuant to subsection 2, the Superintendent of Public Instruction shall recalculate the ad valorem adjustment and the tentative basic support guarantee for operating purposes for each school district for Fiscal Year 2014-2015 based on the certified total of ad valorem taxes provided by the Executive Director of the Department of Taxation pursuant to subsection 2. The final basic support guarantee for each school district for Fiscal Year 2014-2015 is the amount which is recalculated for Fiscal Year 2014-2015 pursuant to this section, taking into consideration the estimates received from the Department of Taxation pursuant to NRS 362.115 on or before March 15, 2014. The basic support guarantee recalculated pursuant to this section must be calculated on or before May 31, 2014.

      Sec. 3.  1.  The basic support guarantee for each special education program unit that is maintained and operated for at least 9 months of a school year is $41,608 in Fiscal Year 2013-2014 and $42,745 in Fiscal Year 2014-2015, except as limited by subsection 2.

      2.  The maximum number of units and amount of basic support for special education program units within each of the school districts, before any reallocation pursuant to NRS 387.1221, for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 are:

 

                                                           Allocation of Special Education Units

                                                           2013-2014                               2014-2015

DISTRICT                                Units               Amount        Units               Amount

Carson City                                   81            $3,370,248              81            $3,462,345

Churchill County                          47            $1,955,576              47            $2,009,015

Clark County                            1,925          $80,095,400         1,925          $82,284,125

Douglas County                           70            $2,912,560              70            $2,992,150

Elko County                                  84            $3,495,072              84            $3,590,580

Esmeralda County                          1                 $41,608                1                 $42,745

Eureka County                                3               $124,824                3               $128,235

Humboldt County                        32            $1,331,456              32            $1,367,840

Lander County                             12               $499,296              12               $512,940

Lincoln County                            18               $748,944              18               $769,410

Lyon County                                63            $2,621,304              63            $2,692,935

Mineral County                              8               $332,864                8               $341,960

Nye County                                  58            $2,413,264              58            $2,479,210

Pershing County                          16               $665,728              16               $683,920

Storey County                                8               $332,864                8               $341,960

Washoe County                         567          $23,591,736            567          $24,236,415

White Pine County                  16          $665,728          16         $683,920

Subtotal                                    3,009        $125,198,472         3,009        $128,619,705

Reserved by State Board of Education              40   $1,664,320                 40    $1,709,800

TOTAL                                    3,049        $126,862,792        3,049        $130,329,505

 


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ê2013 Statutes of Nevada, Page 2056 (Chapter 382, SB 522)ê

 

      3.  The State Board of Education shall reserve 40 special education program units in each fiscal year of the 2013-2015 biennium, to be allocated to school districts by the State Board of Education to meet additional needs that cannot be met by the allocations provided in subsection 2 to school districts for that fiscal year. In addition, charter schools in this State are authorized to apply directly to the Department of Education for the reserved special education program units, which may be allocated upon approval of the State Board of Education.

      4.  Notwithstanding the provisions of subsections 2 and 3, the State Board of Education is authorized to spend from the State Distributive School Account up to $169,616 in Fiscal Year 2013-2014 and $174,243 in Fiscal Year 2014-2015 for instructional programs incorporating educational technology for gifted and talented pupils. Any school district may submit a written application to the Department of Education requesting an allocation for gifted and talented pupils. For each fiscal year of the 2013-2015 biennium, the Department will award amounts for the gifted and talented based on a review of the applications received from the school districts.

      Sec. 4.  1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030:

For the Fiscal Year 2013-2014................................................ $1,134,528,570

For the Fiscal Year 2014-2015................................................ $1,110,133,915

      2.  The money appropriated by subsection 1 must be:

      (a) Expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget; and

      (b) Work-programmed for the 2 separate fiscal years of the 2013-2015 biennium, as required by NRS 353.215. Work programs may be revised with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration.

      3.  Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      4.  The sums appropriated by subsection 1 are available for either fiscal year or may be transferred to Fiscal Year 2012-2013. Money may be transferred from one fiscal year to another with the approval of the Governor upon the recommendation of the Chief of the Budget Division of the Department of Administration. If funds appropriated by subsection 1 are transferred to Fiscal Year 2012-2013, any remaining funds in the State Distributive School Account after all obligations have been met that are not subject to reversion to the State General Fund must be transferred back to Fiscal Year 2013-2014. Any amount transferred back to Fiscal Year 2013-2014 must not exceed the amount originally transferred to Fiscal Year 2012-2013.

      5.  Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2013-2014 must be transferred and added to the money appropriated for Fiscal Year 2014-2015 and may be expended as that money is expended.

      6.  Any remaining balance of the appropriation made by subsection 1 for Fiscal Year 2014-2015, including any money added thereto pursuant to the provisions of subsections 3 and 5, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

 


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ê2013 Statutes of Nevada, Page 2057 (Chapter 382, SB 522)ê

 

      Sec. 5.  1.  Expenditure of $282,795,652 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2013-2014.

      2.  Expenditure of $294,230,734 by the Department of Education from money in the State Distributive School Account that was not appropriated from the State General Fund is hereby authorized during Fiscal Year 2014-2015.

      3.  For the purposes of accounting and reporting, the sums authorized for expenditure by subsections 1 and 2 are considered to be expended before any appropriation is made to the State Distributive School Account from the State General Fund.

      4.  The money authorized to be expended by subsections 1 and 2 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      5.  The Chief of the Budget Division of the Department of Administration may, with the approval of the Governor, authorize the augmentation of the amounts authorized for expenditure by the Department of Education in subsections 1 and 2, for the purpose of meeting obligations of the State incurred under chapter 387 of NRS with amounts from any other state agency, from any agency of local government, from any agency of the Federal Government or from any other source that he or she determines is in excess of the amount taken into consideration by this act. The Chief of the Budget Division shall reduce any authorization whenever he or she determines that money to be received will be less than the amount authorized in subsections 1 and 2.

      Sec. 6.  During each fiscal year of the 2013-2015 biennium, whenever the State Controller finds that current claims against the State Distributive School Account exceed the amount available in the Account to pay those claims, the State Controller may advance temporarily from the State General Fund to the State Distributive School Account the amount required to pay the claims, but not more than the amount expected to be received in the current fiscal year from any source authorized for the State Distributive School Account. No amount may be transferred unless requested by the Chief of the Budget Division of the Department of Administration.

      Sec. 7.  The amounts of the guarantees set forth in sections 1 and 2 of this act may be reduced to effectuate a reserve required pursuant to NRS 353.225.

      Sec. 8.  1.  The Department of Education shall transfer from the State Distributive School Account the following sums for special transportation costs to school districts:

For the 2013-2014 school year........................................................ $128,541

For the 2014-2015 school year........................................................ $128,541

      2.  Pursuant to NRS 392.015, the Department of Education shall use the money transferred in subsection 1 to reimburse school districts for the additional costs of transportation for any pupil to a school outside the school district in which his or her residence is located.

      Sec. 9.  The Department of Education shall transfer from the State Distributive School Account to the school districts the following sums for the

 


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ê2013 Statutes of Nevada, Page 2058 (Chapter 382, SB 522)ê

 

National School Lunch Program state match requirement pursuant to NRS 387.105 to reimburse school districts for the costs of providing meals pursuant to 42 U.S.C. §§ 1751 et seq.:

For the 2013-2014 school year........................................................ $588,732

For the 2014-2015 school year........................................................ $588,732

      Sec. 10.  Each school district shall expend the revenue made available through this act, as well as other revenue from State, local and federal sources, in a manner which is consistent with NRS 288.150 and which is designed to attain the goals of the Legislature regarding educational reform in this State, especially with regard to assisting pupils in need of remediation and pupils who are not proficient in the English language. Materials and supplies for classrooms are subject to negotiation by employers with recognized employee organizations.

      Sec. 11.  The Legislature hereby finds and declares that:

      1.  The intended goal of the Legislature is to achieve a pupil-teacher ratio of not more than 15 pupils per teacher or 30 pupils per two teachers in kindergarten and grades 1, 2 and 3 where core curriculum is taught.

      2.  Available money is estimated to provide a sufficient number of teachers to achieve in each school district pupil-teacher ratios of 16 pupils per teacher in selected kindergarten classrooms in which pupils are most at risk of failure and in grades 1 and 2 in Fiscal Year 2013-2014 and Fiscal Year 2014-2015, and to achieve a pupil-teacher ratio in grade 3 of 19 pupils per teacher in Fiscal Year 2013-2014 and Fiscal Year 2014-2015.

      3.  For Fiscal Year 2013-2014 and Fiscal Year 2014-2015, available money is estimated to achieve the ratios set forth in subsection 2. However, in recognition of the significant downturn in the national and state economies and to allow school districts flexibility in addressing budget shortfalls during this fiscal crisis and notwithstanding the provisions of NRS 388.700, 388.710 and 388.720 to the contrary, a school district may, for the 2013-2014 school year and the 2014-2015 school year, elect to increase the class size by not more than two pupils per teacher to achieve ratios of 18 pupils per teacher in grades 1 and 2, and 21 pupils per teacher in grade 3. If a school district elects to increase class size as authorized by this subsection:

      (a) All money that would have otherwise been expended by the school district to achieve the class sizes set forth in subsection 2 must be used to minimize the impact of budget reductions on class sizes in grades 4 to 12, inclusive;

      (b) The reduction of class sizes in grades 4 to 12, inclusive, must be fiscally neutral such that the plan to reduce the ratios in those grades will not cost more to carry out than complying with the ratios prescribed by subsection 2; and

      (c) All plans and reports concerning class size made by the school district to the Department of Education must include the pupil-teacher ratios achieved for each grade level, including grades 1, 2 and 3 and grades 4 to 12, inclusive.

      4.  Certain school districts do not have a sufficient number of classrooms available to permit an average class size of 19 pupils per teacher in grade 3.

      5.  It is unreasonable to assign two teachers to classrooms of 38 pupils to attain a district-wide pupil-teacher ratio of 19 pupils per teacher in grade 3.

 


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ê2013 Statutes of Nevada, Page 2059 (Chapter 382, SB 522)ê

 

      6.  School districts may, instead, attain the desired pupil-teacher ratio in classes where core curriculum is taught by using alternative methods of reducing the ratio, such as employing teachers to provide remedial instruction.

      7.  School districts may wish to use money for class-size reduction to carry out programs that have been found to be effective in improving academic achievement.

      8.  The Legislature has specifically designed the laws relating to class-size reduction to allow the local school districts the necessary discretion to effectuate the reduction in the manner appropriate in their respective districts.

      9.  School districts are encouraged, to the extent possible, to further reduce the pupil-teacher ratio in each classroom in the district for grades 1, 2 and 3 for which additional funding is provided.

      10.  The Legislature intends to continue the reduced pupil-teacher ratio for selected kindergarten classrooms in which pupils are most at risk of failure and for grades 1 and 2 throughout the State and to continue reducing the pupil-teacher ratio in grade 3.

      11.  Thereafter, the intended goal of the Legislature is to reduce the pupil-teacher ratio per class in grade 3 to not more than 15 pupils per class, thereafter to reduce the pupil-teacher ratio per class in grades 4, 5 and 6 to not more than 22 pupils per class and thereafter to reduce the pupil-teacher ratio per class in grades 7 to 12, inclusive, to not more than 25 pupils per class.

      Sec. 12.  1.  The Department of Education shall transfer from the State Distributive School Account the sum of $161,704,873 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2013-2014 which must, except as otherwise provided in subsection 3 of section 11 of this act and sections 14 and 15 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.

      2.  Except as otherwise provided in subsection 3 of section 11 of this act and sections 14 and 15 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,180 teachers employed by school districts to meet the required pupil-teacher ratios in the 2013-2014 school year.

      3.  Any remaining balance of the sum transferred by subsection 1 must not be committed for expenditure after June 30, 2014, and must be transferred and added to the money appropriated to the State Distributive School Account pursuant to section 4 of this act for Fiscal Year 2014-2015, and may be expended as the money in section 13 of this act is expended.

      Sec. 13.  1.  The Department of Education shall transfer from the State Distributive School Account the sum of $166,467,936 for distribution by the Superintendent of Public Instruction to the county school districts for Fiscal Year 2014-2015 which must, except as otherwise provided in subsection 3 of section 11 of this act and sections 14 and 15 of this act, be used to employ teachers to comply with the required ratio of pupils to teachers, as set forth in NRS 388.700, in grades 1 and 2 and in selected kindergartens with pupils who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3.

 


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ê2013 Statutes of Nevada, Page 2060 (Chapter 382, SB 522)ê

 

who are considered at risk of failure by the Superintendent of Public Instruction and to maintain the current ratio of pupils per teacher in grade 3. Expenditures for the class-size reduction program must be accounted for in a separate category of expenditure in the State Distributive School Account.

      2.  Except as otherwise provided in subsection 3 of section 11 of this act and sections 14 and 15 of this act, the money transferred by subsection 1 must be used to pay the salaries and benefits of not less than 2,194 teachers employed by school districts to meet the required pupil-teacher ratios in the 2014-2015 school year.

      3.  Any remaining balance of the sum transferred by subsection 1, including any money added thereto pursuant to section 12 of this act, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 14.  1.  The board of trustees of each county school district:

      (a) Shall file a plan with the Superintendent of Public Instruction describing how the money transferred pursuant to sections 12 and 13 of this act will be used to comply with the required ratio of pupils to teachers in kindergarten and grades 1, 2 and 3 or with the ratio authorized by subsection 3 of section 11 of this act; and

      (b) May, after receiving approval of the plan from the Superintendent of Public Instruction, use the money appropriated by sections 12 and 13 of this act to carry out:

             (1) An alternative program for reducing the ratio of pupils per teacher, including, without limitation, any legislatively approved program of flexibility; or

             (2) Programs of remedial education that have been found to be effective in improving pupil achievement in grades 1, 2 and 3, so long as the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district does not exceed the combined ratio of pupils per teacher in the aggregate of kindergarten and grades 1, 2 and 3 of the school district in the 2004-2005 school year.

Ê The plan approved by the Superintendent of Public Instruction must describe the method to be used by the school district to evaluate the effectiveness of the alternative program or remedial education programs in improving pupil achievement.

      2.  In no event must the provisions of this section be construed to authorize the board of trustees of a school district in a county whose population is 100,000 or more to develop an alternative plan for the reduction of pupil-teacher ratios pursuant to subsection 2 of NRS 388.720.

      Sec. 15.  1.  The money transferred for class-size reduction pursuant to sections 12 and 13 of this act:

      (a) May be applied first to pupils considered most at risk of failure.

      (b) Must not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      (c) Must not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      2.  The money transferred for class-size reduction pursuant to sections 12 and 13 of this act must not be distributed to a school district unless that school district has:

      (a) Filed with the Department of Education a plan required by NRS 388.720 for achieving the required ratio set forth in NRS 388.700; and

 


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ê2013 Statutes of Nevada, Page 2061 (Chapter 382, SB 522)ê

 

      (b) Demonstrated that, from resources of the school district other than allocations received from the State Distributive School Account for class-size reduction, a sufficient number of classroom teachers have been employed to maintain the average pupil-teacher ratio that existed for each grade for grades 1, 2 and 3, in that school district for the 3 school years immediately preceding the start of the class-size reduction program in the 1990-1991 school year.

      Sec. 16.  1.  There is hereby appropriated from the State General Fund to the Other State Education Programs Account in the State General Fund the following sums:

For the Fiscal Year 2013-2014..................................................... $30,482,030

For the Fiscal Year 2014-2015..................................................... $30,415,154

      2.  The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      3.  The Department of Education is hereby authorized to expend from the Other State Education Programs Account the sums of $17,843,445 for Fiscal Year 2013-2014 and $18,260,398 for Fiscal Year 2014-2015 for the support of courses which are approved by the Department of Education as meeting the course of study for an adult standard high school diploma as approved by the State Board of Education. In each fiscal year of the 2013-2015 biennium, the sum authorized must be allocated among the various school districts in accordance with a plan or formula developed by the Department of Education to ensure that the money is distributed equitably and in a manner that permits accounting for the expenditures of school districts.

      4.  Any remaining balance of the allocations made by subsection 3 for Fiscal Year 2013-2014 must be added to the money received by the school districts for Fiscal Year 2014-2015 and may be expended as that money is expended. Any remaining balance of the allocations made by subsection 3 for Fiscal Year 2014-2015, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      5.  The money appropriated by subsection 1 to finance specific programs as outlined in this subsection are available for both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 and may be transferred from one fiscal year to the other with the approval of the Interim Finance Committee upon the recommendation of the Governor as follows:

      (a) A total of $54,870 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for successful completion of the National Board Teacher Certification Program;

      (b) A total of $668,742 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for Counselor National Board Certification;

      (c) A total of $449,142 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for LEA library books;

      (d) A total of $1,837,241 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for educational technology;

      (e) A total of $3,343,822 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for career and technical education;

 


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ê2013 Statutes of Nevada, Page 2062 (Chapter 382, SB 522)ê

 

      (f) A total of $750,000 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for the Jobs for America’s Graduates Program;

      (g) A total of $850,000, with a maximum of $50,000 to each of the 17 school districts, in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to support special counseling services for elementary school pupils at risk of failure; and

      (h) A total of $18,798 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 to pay the increase of salaries of professional school library media specialists required by NRS 391.160.

      6.  Except as otherwise provided in subsection 4, unencumbered balances of the appropriations made by this section for Fiscal Year 2013-2014 and Fiscal Year 2014-2015 must not be committed for expenditure after June 30 of each fiscal year. Except as otherwise provided in subsection 4, unencumbered balances of these appropriations revert to the State General Fund on or before September 19, 2014, and September 18, 2015, for each fiscal year respectively.

      Sec. 17.  1.  The Department of Education shall transfer from the Other State Education Programs Account the following sums for early childhood education:

For the Fiscal Year 2013-2014....................................................... $3,338,875

For the Fiscal Year 2014-2015....................................................... $3,247,375

      2.  The money transferred by subsection 1 must be used by the Department of Education for competitive state grants to school districts and community-based organizations for early childhood education programs.

      3.  To receive a grant of money pursuant to subsection 2, school districts and community-based organizations must submit a comprehensive plan to the Department of Education that includes, without limitation:

      (a) A detailed description of the proposed early childhood education program; and

      (b) A description of the manner in which the money will be used, which must supplement and not replace the money that would otherwise be expended for early childhood education programs.

      4.  A school district or community-based organization that receives a grant of money shall:

      (a) Use the money to establish or expand prekindergarten education programs.

      (b) Use the money to supplement and not replace the money that the school district or community-based organization would otherwise expend for early childhood education programs, as described in this section.

      (c) Use the money to pay for the salaries and other items directly related to the instruction of pupils in the classroom.

Ê The money must not be used to remodel classrooms or facilities or for playground equipment.

      5.  The Department of Education shall develop statewide performance and outcome indicators to measure the effectiveness of the early childhood education programs for which grants of money are awarded pursuant to this section. In developing the indicators, the Department shall establish minimum performance levels and increase the expected performance rates on a yearly basis, based upon the performance results of the participants. The indicators must include, without limitation:

      (a) Longitudinal measures of the developmental progress of children before and after their completion of the program;

 


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ê2013 Statutes of Nevada, Page 2063 (Chapter 382, SB 522)ê

 

      (b) Longitudinal measures of parental involvement in the program before and after completion of the program; and

      (c) The percentage of participants who drop out of the program before completion.

      6.  The Department of Education shall conduct a longitudinal study of the early childhood education programs of each school district and community-based organization.

      7.  The Department of Education shall, on a biennial basis, provide a written report to the Governor, the Legislative Committee on Education and the Director of the Legislative Counsel Bureau regarding the effectiveness of the early childhood education programs for which grants of money were received. The report must include, without limitation:

      (a) The number of grants awarded;

      (b) An identification of each school district and community-based organization that received a grant of money and the amount of each grant awarded;

      (c) For each school district and community-based organization that received a grant of money:

             (1) The number of children who received services through a program funded by the grant for each year that the program received funding from the State for early childhood education programs; and

             (2) The average per child expenditure for the program for each year the program received funding from the State for early childhood education programs;

      (d) A description of the programs in this State that are the most effective;

      (e) Based upon the performance of children in the program on established performance and outcome indicators, a description of revised performance and outcome indicators, including any revised minimum performance levels and performance rates; and

      (f) Any recommendations for legislation.

      8.  The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 18.  The sums transferred by section 17 of this act:

      1.  Must be accounted for separately from any other money received by the school districts of this State and used only for the purposes specified in section 17 of this act.

      2.  May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

      3.  May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      Sec. 19.  1.  There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 the following sums:

For the Fiscal Year 2013-2014..................................................... $48,971,967

For the Fiscal Year 2014-2015..................................................... $49,707,723

      2.  The money appropriated by subsection 1, excluding those sums set forth in sections 21 and 22 of this act, must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

 


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and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      3.  Except as otherwise provided in sections 21 and 22 of this act, the amounts appropriated by subsection 1 must be allocated to the school districts pursuant to section 20 of this act for the continuation of the full-day kindergarten program established pursuant to Assembly Bill No. 4 of the 22nd Special Session, chapter 3, Statutes of Nevada 2005, at page 91.

      4.  Of the amount appropriated by subsection 1, excluding those sums set forth in sections 21 and 22 of this act, the sum of $3,500,000 in Fiscal Year 2013-2014 may be distributed by the Department of Education to assist school districts which receive an allocation pursuant to section 20 of this act with the purchase of portable classrooms for the provision of full-day kindergarten.

      Sec. 20.  1.  Except as otherwise provided in sections 21 and 22 of this act, the Department of Education shall distribute the appropriation made by section 19 of this act to school districts that elect to provide full-day kindergarten. In no event is a school district required to submit an application for an allocation of money or otherwise required to provide full-day kindergarten.

      2.  Except as otherwise provided in subsection 3, a school district that elects to receive an allocation of money pursuant to this section shall use the money to provide full-day kindergarten in each school within the school district that is prioritized for full-day kindergarten based upon the percentage of pupils enrolled in the school who are eligible for free or reduced price lunches pursuant to 42 U.S.C. §§ 1751 et seq. A school district shall allocate the money by assigning first priority to those schools within the school district that have the highest percentage of pupils who are eligible for free or reduced price lunches. If a school within a school district that is required to provide full-day kindergarten pursuant to this section currently provides full-day kindergarten with money that it receives from the Federal Government or other funding allocations, the school may redirect that money, to the extent authorized by applicable federal law, for other programs of remediation at the school and use the money provided by the Department of Education from the allocation to provide full-day kindergarten.

      3.  A school that is otherwise required to provide full-day kindergarten pursuant to subsection 2 may opt out of providing full-day kindergarten.

      4.  A parent or legal guardian of a pupil who is otherwise zoned to attend a public school that provides full-day kindergarten pursuant to this section may request that the pupil not be enrolled in full-day kindergarten. The school district in which the pupil is enrolled shall grant the request and ensure that the pupil is allowed to attend kindergarten, whether at the zoned school or another school, for less than a full day.

      Sec. 21.  1.  The Department of Education shall transfer from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the school districts specified in this section the following sums for Fiscal Year 2013-2014 and Fiscal Year 2014-2015:

 

School District                                                    2013-2014            2014-2015

Clark County School District                           $4,483,036            $3,983,356

Elko County School District                            $1,579,736            $1,243,736

Washoe County School District                     $2,569,856            $2,233,856

TOTAL:                 $8,632,628            $7,460,948

 


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      2.  A school district that receives an allocation pursuant to subsection 1 shall serve as fiscal agent for the respective regional training program for the professional development of teachers and administrators. As fiscal agent, each school district is responsible for the payment, collection and holding of all money received from this State for the maintenance and support of the regional training program for the professional development of teachers and administrators and the Nevada Early Literacy Intervention Program established and operated by the applicable governing body.

      3.  In addition to the transfers made by subsection 1, the Department of Education may request a work program revision pursuant to NRS 353.220 to transfer not more than $1,315,000 from the Reserve Category to the Regional Professional Development Category in the Account for Programs for Innovation and the Prevention of Remediation for use by the regional training programs for the professional development of teachers and administrators to implement the statewide performance evaluation system. If the Department of Education conducts a validation study of the statewide performance evaluation system for teachers and administrators during the 2013-2014 interim, the Interim Finance Committee shall determine the amount of money to transfer based on the results of the validation study, as reported by the Department of Education.

      4.  Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2013-2014 must be added to the money received by the school districts for Fiscal Year 2014-2015 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2014-2015, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 22.  1.  The Department of Education shall transfer from the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 to the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516 the sum of $100,000 in both Fiscal Year 2013-2014 and Fiscal Year 2014-2015 for additional training opportunities for educational administrators in Nevada.

      2.  The Statewide Council shall use the money:

      (a) To disseminate research-based knowledge related to effective educational leadership behaviors and skills.

      (b) To develop, support and maintain ongoing activities, programs, training and networking opportunities.

      (c) For the purposes of providing additional training for educational administrators, including, without limitation, to pay:

             (1) Travel expenses of administrators who attend the training program;

             (2) Travel and per diem expenses for any consultants contracted to provide additional training; and

             (3) Any charges to obtain a conference room for the provision of the additional training.

      (d) To supplement and not replace the money that the school district or the regional training program would otherwise expend for the training of administrators as described in this section.

      3.  Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2013-2014 must be added to the money received by the Statewide Council for Fiscal Year 2014-2015 and may be expended as that money is expended.

 


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Statewide Council for Fiscal Year 2014-2015 and may be expended as that money is expended. Any remaining balance of the transfers made by subsection 1 for Fiscal Year 2014-2015, including any money added from the transfer for the previous fiscal year, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 23.  1.  There is hereby appropriated from the State General Fund to the Account for Programs for Innovation and the Prevention of Remediation created by NRS 385.379 the following sums:

For the Fiscal Year 2013-2014..................................................... $25,549,543

For the Fiscal Year 2014-2015..................................................... $27,867,883

      2.  The money appropriated by subsection 1 must be expended in accordance with NRS 353.150 to 353.245, inclusive, concerning the allotment, transfer, work program and budget. Transfers to and allotments from must be allowed and made in accordance with NRS 353.215 to 353.225, inclusive, after separate consideration of the merits of each request.

      3.  Of the amount appropriated by subsection 1, the sum of $10,000,000 for Fiscal Year 2013-2014 and the sum of $4,000,000 for Fiscal Year 2014-2015 may be distributed by the Department of Education to assist school districts which receive an allocation pursuant to subsection 4 with the facilities necessary to provide kindergarten at the pupil-teacher ratios prescribed by subsection 4.

      4.  The Department of Education shall allocate the appropriation made by subsection 1 to:

      (a) The Clark County School District to provide kindergarten:

             (1) In the 2013-2014 Fiscal Year, at a ratio of 21 pupils per teacher in one-third of the full-day kindergarten classrooms for which money is allocated to the School District pursuant to section 20 of this act and in all half-day kindergarten classrooms.

             (2) In the 2014-2015 Fiscal Year, at a ratio of 21 pupils per teacher for all kindergarten classrooms in the School District.

      (b) All school districts, other than the Clark County School District, to provide full-day and half-day kindergarten in the 2013-2014 Fiscal Year and the 2014-2015 Fiscal Year at a ratio of 21 pupils per teacher.

      5.  Notwithstanding the provisions of NRS 388.700 to the contrary, a school district that receives an allocation of money pursuant to this section may not request a variance from the State Board of Education to exceed the pupil-teacher ratio prescribed by subsection 4. A principal of a school may submit a request to the superintendent of schools of the school district for the school to exceed the pupil-teacher ratio prescribed by subsection 4 by not more than 20 percent or 25 pupils. If the superintendent grants such a request, the superintendent shall provide written notice to the Department of Education. Each request and approval to exceed the ratio must be made on an individual school basis and not a school-district wide basis.

      6.  The sums appropriated by subsection 1:

      (a) Must be accounted for separately from any other money received by the school districts of this State and used only for the purposes specified in this section.

      (b) May not be used to settle or arbitrate disputes between a recognized organization representing employees of a school district and the school district, or to settle any negotiations.

 


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      (c) May not be used to adjust the district-wide schedules of salaries and benefits of the employees of a school district.

      (d) May not be used to attain the pupil-teacher ratios for which a school district receives an allocation pursuant to sections 11 to 15, inclusive, of this act.

      7.  A school district that receives an allocation of money pursuant to subsection 4 shall provide a report to the Department of Education on or before August 1, November 1, February 1 and May 1 a report that includes:

      (a) The number of teachers employed for kindergarten in order to attain the ratio required by subsection 4;

      (b) The average daily attendance of pupils and the ratio of pupils per licensed teacher for kindergarten; and

      (c) The number of schools for which approval was granted by the superintendent of schools of the school district to exceed the ratio prescribed by subsection 4 by not more than 20 percent or 25 pupils.

Ê The report must be made for each school at which one or more teachers were employed to attain the ratio required by subsection 4 and must not be made on a school-district wide average.

      8.  Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2013-2014 must be added to the money received by the school districts for Fiscal Year 2014-2015 and may be expended as that money is expended. Any remaining balance of the allocations made by subsection 4 for Fiscal Year 2014-2015, including any such money added from the previous fiscal year, must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 24.  1.  There is hereby appropriated from the State General Fund to the Department of Education for personnel costs at the Department to assist with reporting for class-size reduction the following sums:

For the Fiscal Year 2013-2014............................................................ $35,611

For the Fiscal Year 2014-2015............................................................ $34,470

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2014, and September 18, 2015, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 19, 2014, and September 18, 2015, respectively.

      Sec. 25.  1.  There is hereby appropriated from the State General Fund to the Grant Fund for Incentives for Licensed Educational Personnel created by NRS 391.166 to purchase one-fifth of a year of retirement service credit pursuant to section 5 of chapter 8, Statutes of Nevada 2007, 23rd Special Session, at page 18:

For the Fiscal Year 2013-2014....................................................... $8,800,000

For the Fiscal Year 2014-2015....................................................... $5,760,000

      2.  The sums transferred by subsection 1 are available for either fiscal year. Any remaining balance of those sums must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

 


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ê2013 Statutes of Nevada, Page 2068 (Chapter 382, SB 522)ê

 

expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 26.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized during Fiscal Year 2013-2014 and Fiscal Year 2014-2015 by the Department of Education for the State Supplemental School Support Account created by NRS 387.191:

For the Fiscal Year 2013-2014................................................... $131,932,800

For the Fiscal Year 2014-2015................................................... $136,653,300

      2.  The Superintendent of Public Instruction shall transfer all money credited to the Supplemental School Support Account, created by NRS 387.191, on and after July 1, 2013, through June 30, 2015, to the State Distributive School Account.

      Sec. 27. NRS 387.191 is hereby amended to read as follows:

      387.191  1.  Except as otherwise provided in this subsection, the proceeds of the tax imposed pursuant to NRS 244.33561 and any applicable penalty or interest must be paid by the county treasurer to the State Treasurer for credit to the State Supplemental School Support Account, which is hereby created in the State General Fund. The county treasurer may retain from the proceeds an amount sufficient to reimburse the county for the actual cost of collecting and administering the tax, to the extent that the county incurs any cost it would not have incurred but for the enactment of this section or NRS 244.33561, but in no case exceeding the amount authorized by statute for this purpose. Any interest or other income earned on the money in the State Supplemental School Support Account must be credited to the Account.

      2.  On and after July 1, [2013,] 2015, the money in the State Supplemental School Support Account is hereby appropriated for the operation of the school districts and charter schools of the state, as provided in this section. The money so appropriated is intended to supplement and not replace any other money appropriated, approved or authorized for expenditure to fund the operation of the public schools for kindergarten through grade 12. Any money that remains in the State Supplemental School Support Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the State Supplemental School Support Account must be carried forward to the next fiscal year.

      3.  On or before February 1, May 1, August 1 and November 1 of [2014,] 2016, and on those dates each year thereafter, the Superintendent of Public Instruction shall transfer from the State Supplemental School Support Account all the proceeds of the tax imposed pursuant to NRS 244.33561, including any interest or other income earned thereon, and distribute the proceeds proportionally among the school districts and charter schools of the state. The proportionate amount of money distributed to each school district or charter school must be determined by dividing the number of students enrolled in the school district or charter school by the number of students enrolled in all the school districts and charter schools of the state. For the purposes of this subsection, the enrollment in each school district and the number of students who reside in the district and are enrolled in a charter school must be determined as of the last day of the first school month of the school district for the school year. This determination governs the distribution of money pursuant to this subsection until the next annual determination of enrollment is made. The Superintendent may retain from the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section, but in no case exceeding the amount authorized by statute for this purpose.

 


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ê2013 Statutes of Nevada, Page 2069 (Chapter 382, SB 522)ê

 

the proceeds of the tax an amount sufficient to reimburse the Superintendent for the actual cost of administering the provisions of this section, to the extent that the Superintendent incurs any cost the Superintendent would not have incurred but for the enactment of this section, but in no case exceeding the amount authorized by statute for this purpose.

      4.  The money received by a school district or charter school from the State Supplemental School Support Account pursuant to this section must be used to improve the achievement of students and for the payment of salaries to attract and retain qualified teachers and other employees, except administrative employees, of the school district or charter school. Nothing contained in this section shall be deemed to impair or restrict the right of employees of the school district or charter school to engage in collective bargaining as provided by chapter 288 of NRS.

      5.  On or before November 10 of [2014,] 2016, and on that date each year thereafter, the board of trustees of each school district and the governing body of each charter school shall prepare a report to the Superintendent of Public Instruction, in the form prescribed by the Superintendent. The report must provide an accounting of the expenditures by the school district or charter school of the money it received from the State Supplemental School Support Account during the preceding fiscal year.

      6.  As used in this section, “administrative employee” means any person who holds a license as an administrator, issued by the Superintendent of Public Instruction, and is employed in that capacity by a school district or charter school.

      Sec. 28. Section 8 of chapter 4, Statutes of Nevada 2009, as amended by section 28 of chapter 370, Statutes of Nevada 2011, at page 2153, is hereby amended to read as follows:

       Sec. 8.  Transitory provision.

       1.  Notwithstanding the expiration of section 4 of this measure on June 30, 2011, any tax and any interest or penalty owing and unpaid as of that date and collected on or before October 1, 2011, must be paid, deposited and credited to the State General Fund as provided in that section.

       2.  The Superintendent of Public Instruction shall make the initial transfer from the State Supplemental School Support [Fund,] Account, as required by section 6 of this measure, on or before February 1, [2014.] 2016.

       3.  The board of trustees of each school district and the governing body of each charter school shall prepare their initial reports to the Superintendent of Public Instruction, as required by section 6 of this measure, on or before November 10, [2014.] 2016.

      Sec. 29.  1.  This section and sections 1 to 12, inclusive, and 14 to 28, inclusive, of this act become effective on July 1, 2013.

      2.  Section 13 of this act becomes effective on July 1, 2014.

________

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2070ê

 

CHAPTER 383, AB 170

Assembly Bill No. 170–Assemblywoman Carlton

 

CHAPTER 383

 

[Approved: June 3, 2013]

 

AN ACT relating to the advanced practice of nursing; replacing the term “advanced practitioner of nursing” with “advanced practice registered nurse”; making various other changes to provisions relating to the advanced practice of nursing; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the State Board of Nursing to grant certain registered nurses a certificate of recognition as an advanced practitioner of nursing and sets forth the requirements for obtaining such certification. (NRS 632.237) This bill instead authorizes the Board to issue a license as an advanced practice registered nurse to certain registered nurses.

      Section 1.5 of this bill authorizes the Board to require an advanced practice registered nurse to maintain a policy of professional liability insurance in accordance with regulations adopted by the Board.

      Existing law authorizes, under certain circumstances, an advanced practice registered nurse to prescribe controlled substances. (NRS 632.237, 639.235) Sections 6, 7 and 13 of this bill prohibit an advanced practice registered nurse from prescribing a controlled substance listed in schedule II unless: (1) the nurse has at least 2 years or 2,000 hours of clinical experience; or (2) the controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      Section 39 of this bill provides that a registered nurse who possesses a valid certificate of recognition as an advanced practitioner of nursing on the effective date of this bill shall be deemed to possess a license as an advanced practice registered nurse.

 

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 630.021 is hereby amended to read as follows:

      630.021  “Practice of respiratory care” includes:

      1.  Therapeutic and diagnostic use of medical gases, humidity and aerosols and the maintenance of associated apparatus;

      2.  The administration of drugs and medications to the cardiopulmonary system;

      3.  The provision of ventilatory assistance and control;

      4.  Postural drainage and percussion, breathing exercises and other respiratory rehabilitation procedures;

      5.  Cardiopulmonary resuscitation and maintenance of natural airways and the insertion and maintenance of artificial airways;

      6.  Carrying out the written orders of a physician, physician assistant, certified registered nurse anesthetist or an advanced [practitioner of nursing] practice registered nurse relating to respiratory care;

      7.  Techniques for testing to assist in diagnosis, monitoring, treatment and research related to respiratory care, including the measurement of ventilatory volumes, pressures and flows, collection of blood and other specimens, testing of pulmonary functions and hemodynamic and other related physiological monitoring of the cardiopulmonary system; and

 


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ê2013 Statutes of Nevada, Page 2071 (Chapter 383, AB 170)ê

 

specimens, testing of pulmonary functions and hemodynamic and other related physiological monitoring of the cardiopulmonary system; and

      8.  Training relating to the practice of respiratory care.

      Sec. 1.5.Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may require an advanced practice registered nurse to maintain a policy of professional liability insurance in accordance with regulations adopted by the Board.

      Sec. 2.  NRS 632.012 is hereby amended to read as follows:

      632.012  “Advanced [practitioner of nursing”] practice registered nurse” means a registered nurse who:

      1.  Has specialized skills, knowledge and experience; and

      2.  Is [authorized] licensed by the Board to provide services in addition to those that other registered nurses are authorized to provide.

      Sec. 3. NRS 632.017 is hereby amended to read as follows:

      632.017  “Practice of practical nursing” means the performance of selected acts in the care of the ill, injured or infirm under the direction of a registered professional nurse, an advanced [practitioner of nursing,] practice registered nurse, a licensed physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, not requiring the substantial specialized skill, judgment and knowledge required in professional nursing.

      Sec. 4. NRS 632.018 is hereby amended to read as follows:

      632.018  “Practice of professional nursing” means the performance of any act in the observation, care and counsel of the ill, injured or infirm, in the maintenance of health or prevention of illness of others, in the supervision and teaching of other personnel, in the administration of medications and treatments as prescribed by an advanced [practitioner of nursing,] practice registered nurse, a licensed physician, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a licensed dentist or a licensed podiatric physician, requiring substantial specialized judgment and skill based on knowledge and application of the principles of biological, physical and social science, but does not include acts of medical diagnosis or prescription of therapeutic or corrective measures.

      Sec. 5. NRS 632.030 is hereby amended to read as follows:

      632.030  1.  The Governor shall appoint:

      (a) Three registered nurses who are graduates of an accredited school of nursing, are licensed as professional nurses in the State of Nevada and have been actively engaged in nursing for at least 5 years preceding the appointment.

      (b) One practical nurse who is a graduate of an accredited school of practical nursing, is licensed as a practical nurse in this State and has been actively engaged in nursing for at least 5 years preceding the appointment.

      (c) One nursing assistant who is certified pursuant to the provisions of this chapter.

      (d) One member who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

      (e) One member who is a representative of the general public. This member must not be:

 


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ê2013 Statutes of Nevada, Page 2072 (Chapter 383, AB 170)ê

 

             (1) A licensed practical nurse, a registered nurse, a nursing assistant or an advanced [practitioner of nursing;] practice registered nurse; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed practical nurse, a registered nurse, a nursing assistant or an advanced [practitioner of nursing.] practice registered nurse.

      2.  Each member of the Board must be:

      (a) A citizen of the United States; and

      (b) A resident of the State of Nevada who has resided in this State for not less than 2 years.

      3.  A representative of the general public may not:

      (a) Have a fiduciary obligation to a hospital or other health agency;

      (b) Have a material financial interest in the rendering of health services; or

      (c) Be employed in the administration of health activities or the performance of health services.

      4.  The members appointed to the Board pursuant to paragraphs (a) and (b) of subsection 1 must be selected to provide the broadest representation of the various activities, responsibilities and types of service within the practice of nursing and related areas, which may include, without limitation, experience:

      (a) In administration.

      (b) In education.

      (c) As an advanced [practitioner of nursing.] practice registered nurse.

      (d) In an agency or clinic whose primary purpose is to provide medical assistance to persons of low and moderate incomes.

      (e) In a licensed medical facility.

      5.  Each member of the Board shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this chapter to replace that member for the remainder of the unexpired term.

      6.  No member of the Board may serve more than two consecutive terms. For the purposes of this subsection, service of 2 or more years in filling an unexpired term constitutes a term.

      Sec. 6. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may [grant a certificate of recognition] issue a license to practice as an advanced [practitioner of nursing] practice registered nurse 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.] licensure.

      2.  An advanced [practitioner of nursing] practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351 [,] and subject to the limitations set forth in subsection 3, 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.]

 


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ê2013 Statutes of Nevada, Page 2073 (Chapter 383, AB 170)ê

 

engage in any diagnosis, treatment or other conduct which the advanced practitioner of nursing is not qualified to perform.]

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  The Board shall adopt regulations:

      (a) Specifying the training, education and experience necessary for [certification] licensure as an advanced [practitioner of nursing.] practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced [practitioner of nursing.] practice registered nurse.

      (c) Establishing the procedure for application for [certification] licensure as an advanced [practitioner of nursing.] practice registered nurse.

      Sec. 7. NRS 632.237 is hereby amended to read as follows:

      632.237  1.  The Board may [grant a certificate of recognition] issue a license to practice as an advanced [practitioner of nursing] practice registered nurse 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] practice registered nurse 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.] licensure.

      2.  An advanced [practitioner of nursing] practice registered nurse may:

      (a) Engage in selected medical diagnosis and treatment; and

      (b) If authorized pursuant to NRS 639.2351 [,] and subject to the limitations set forth in subsection 3, 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] An advanced [practitioner of nursing] practice registered nurse shall not engage in any diagnosis, treatment or other conduct which the advanced [practitioner of nursing] practice registered nurse is not qualified to perform.

      3.  An advanced practice registered nurse who is authorized to prescribe controlled substances, poisons, dangerous drugs and devices pursuant to NRS 639.2351 shall not prescribe a controlled substance listed in schedule II unless:

      (a) The advanced practice registered nurse has at least 2 years or 2,000 hours of clinical experience; or

 


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ê2013 Statutes of Nevada, Page 2074 (Chapter 383, AB 170)ê

 

      (b) The controlled substance is prescribed pursuant to a protocol approved by a collaborating physician.

      4.  The Board shall adopt regulations:

      (a) Specifying any additional training, education and experience necessary for [certification] licensure as an advanced [practitioner of nursing.] practice registered nurse.

      (b) Delineating the authorized scope of practice of an advanced [practitioner of nursing.] practice registered nurse.

      (c) Establishing the procedure for application for [certification] licensure as an advanced [practitioner of nursing.] practice registered nurse.

      [4.] 5.  The provisions of paragraph (b) of subsection 1 do not apply to an advanced [practitioner of nursing] practice registered nurse who obtains a [certificate of recognition] license before July 1, 2014.

      Sec. 8. NRS 632.294 is hereby amended to read as follows:

      632.294  1.  A medication aide - certified may only administer authorized medications and perform related tasks at a designated facility under the supervision of an advanced [practitioner of nursing] practice registered nurse or a registered nurse and in accordance with standard protocols developed by the Board.

      2.  Except as otherwise provided by subsection 4, a medication aide - certified may only administer authorized medications by the following methods:

      (a) Orally;

      (b) Topically;

      (c) By the use of drops in the eye, ear or nose;

      (d) Vaginally;

      (e) Rectally;

      (f) Transdermally; and

      (g) By the use of an oral inhaler.

      3.  Except as otherwise provided by subsection 4, a medication aide - certified shall not:

      (a) Receive, have access to or administer any controlled substance;

      (b) Administer parenteral or enteral medications;

      (c) Administer any substances by nasogastric or gastronomy tubes;

      (d) Calculate drug dosages;

      (e) Destroy medication;

      (f) Receive orders, either in writing or verbally, for new or changed medication;

      (g) Transcribe orders from medical records;

      (h) Order or administer initial medications;

      (i) Evaluate reports of medication errors;

      (j) Perform treatments;

      (k) Conduct patient assessments or evaluations;

      (l) Engage in teaching activities for patients; or

      (m) Engage in any activity prohibited pursuant to subsection 4.

      4.  The Board may adopt regulations authorizing or prohibiting any additional activities of a medication aide - certified.

      5.  As used in this section, “supervision” means active oversight of the patient care services provided by a medication aide - certified while on the premises of a designated facility.

 


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      Sec. 9. NRS 632.345 is hereby amended to read as follows:

      632.345  1.  The Board shall establish and may amend a schedule of fees and charges for the following items and within the following ranges:

 

                                                                                       Not less       Not more

                                                                                             than                than

Application for license to practice professional nursing (registered nurse)   $45       $100

Application for license to practice practical nursing...... 30                    90

Application for temporary license to practice professional nursing or practical nursing pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular license, if the applicant applies for a license.......................................................................... 15                    50

Application for a certificate to practice as a nursing assistant or medication aide - certified      15  50

Application for a temporary certificate to practice as a nursing assistant pursuant to NRS 632.300, which fee must be credited toward the fee required for a regular certificate, if the applicant applies for a certificate  5.......................................................................................... 40

Biennial fee for renewal of a license.................................. 40                  100

Biennial fee for renewal of a certificate............................. 20                    50

Fee for reinstatement of a license...................................... 10                  100

Application for [recognition] a license to practice as an advanced [practitioner of nursing] practice registered nurse............................................................ 50                  200

Application for recognition as a certified registered nurse anesthetist 50 200

Biennial fee for renewal of [recognition] a license to practice as an advanced [practitioner of nursing] practice registered nurse or certified registered nurse anesthetist 50       200

Examination fee for license to practice professional nursing                 20  100

Examination fee for license to practice practical nursing 10                    90

Rewriting examination for license to practice professional nursing     20  100

Rewriting examination for license to practice practical nursing            10  90

Duplicate license.................................................................... 5                    30

Duplicate certificate............................................................... 5                    30

Proctoring examination for candidate from another state 25                 150

Fee for approving one course of continuing education 10                    50

 


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                                                                                       Not less       Not more

                                                                                             than                than

Fee for reviewing one course of continuing education which has been changed since approval    $5  $30

Annual fee for approval of all courses of continuing education offered 100   500

Annual fee for review of training program....................... 60                  100

Certification examination..................................................... 10                    90

Approval of instructors of training programs................. 50                  100

Approval of proctors for certification examinations....... 20                    50

Approval of training programs........................................ 150                  250

Validation of licensure or certification................................ 5                    25

 

      2.  The Board may collect the fees and charges established pursuant to this section, and those fees or charges must not be refunded.

      Sec. 10. NRS 637A.243 is hereby amended to read as follows:

      637A.243  1.  A hearing aid specialist licensed pursuant to this chapter may sell hearing aids by catalog or mail if:

      (a) The hearing aid specialist has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, an advanced [practitioner of nursing] practice registered nurse licensed pursuant to [chapter 632 of NRS,] NRS 632.237, an audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he or she has performed an otoscopic examination of that person and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (b) The hearing aid specialist has received a written statement signed by a physician licensed pursuant to chapter 630 or 633 of NRS, audiologist licensed pursuant to chapter 637B of NRS or a hearing aid specialist licensed pursuant to this chapter which verifies that he or she has performed an audiometric examination of that person in compliance with regulations adopted by the Board and that the results of the examination indicate that the person may benefit from the use of a hearing aid;

      (c) The hearing aid specialist has received a written statement signed by a hearing aid specialist licensed pursuant to this chapter which verifies that an ear impression has been taken; and

      (d) The person has signed a statement acknowledging that the licensee is selling him or her the hearing aid by catalog or mail based upon the information submitted by the person in accordance with this section.

      2.  A hearing aid specialist who sells hearing aids by catalog or mail shall maintain a record of each sale of a hearing aid made pursuant to this section for not less than 5 years.

      3.  The Board may adopt regulations to carry out the provisions of this section, including, without limitation, the information which must be included in each record required to be maintained pursuant to subsection 2.

      Sec. 11. NRS 639.0015 is hereby amended to read as follows:

      639.0015  “Advanced [practitioner of nursing”] practice registered nurse” means a registered nurse who holds a valid [certificate of recognition] license as an advanced [practitioner of nursing] practice registered nurse issued by the State Board of Nursing [.] pursuant to NRS 632.237.

 


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      Sec. 12. NRS 639.0125 is hereby amended to read as follows:

      639.0125  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State;

      2.  A hospital, pharmacy or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer drugs in the course of professional practice or research in this State;

      3.  An advanced [practitioner of nursing] practice registered nurse who has been authorized to prescribe controlled substances, poisons, dangerous drugs and devices;

      4.  A physician assistant who:

      (a) Holds a license issued by the Board of Medical Examiners; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of a physician as required by chapter 630 of NRS;

      5.  A physician assistant who:

      (a) Holds a license issued by the State Board of Osteopathic Medicine; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances, poisons, dangerous drugs or devices under the supervision of an osteopathic physician as required by chapter 633 of NRS; or

      6.  An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers therapeutic pharmaceutical agents within the scope of his or her certification.

      Sec. 13. NRS 639.1375 is hereby amended to read as follows:

      639.1375  1.  [An] Subject to the limitations set forth in NRS 632.237, an advanced [practitioner of nursing] practice registered nurse may dispense controlled substances, poisons, dangerous drugs and devices if the advanced [practitioner of nursing:] practice registered nurse:

      (a) Passes an examination administered by the State Board of Nursing on Nevada law relating to pharmacy and submits to the State Board of Pharmacy evidence of passing that examination;

      (b) Is authorized to do so by the State Board of Nursing in a [certificate] license issued by that Board; and

      (c) Applies for and obtains a certificate of registration from the State Board of Pharmacy and pays the fee set by a regulation adopted by the Board. The Board may set a single fee for the collective certification of advanced [practitioners of nursing] practice registered nurses in the employ of a public or nonprofit agency and a different fee for the individual certification of other advanced [practitioners of nursing.] practice registered nurses.

      2.  The State Board of Pharmacy shall consider each application from an advanced [practitioner of nursing] practice registered nurse separately, and may:

      (a) Issue a certificate of registration limiting:

             (1) The authority of the advanced [practitioner of nursing] practice registered nurse to dispense controlled substances, poisons, dangerous drugs and devices;

 


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             (2) The area in which the advanced [practitioner of nursing] practice registered nurse may dispense;

             (3) The kind and amount of controlled substances, poisons, dangerous drugs and devices which the certificate permits the advanced [practitioner of nursing] practice registered nurse to dispense; and

             (4) The practice of the advanced [practitioner of nursing] practice registered nurse which involves controlled substances, poisons, dangerous drugs and devices in any manner which the Board finds necessary to protect the health, safety and welfare of the public;

      (b) Issue a certificate of registration without any limitation not contained in the [certificate] license issued by the State Board of Nursing; or

      (c) Refuse to issue a certificate of registration, regardless of the provisions of the [certificate] license issued by the State Board of Nursing.

      3.  If a certificate of registration issued pursuant to this section is suspended or revoked, the Board may also suspend or revoke the registration of the physician for and with whom the advanced [practitioner of nursing] practice registered nurse is in practice to dispense controlled substances.

      4.  The Board shall adopt regulations setting forth the maximum amounts of any controlled substance, poison, dangerous drug and devices which an advanced [practitioner of nursing] practice registered nurse who holds a certificate from the Board may dispense, the conditions under which they must be stored, transported and safeguarded, and the records which each such nurse shall keep. In adopting its regulations, the Board shall consider:

      (a) The areas in which an advanced [practitioner of nursing] practice registered nurse who holds a certificate from the Board can be expected to practice and the populations of those areas;

      (b) The experience and training of the advanced practice registered nurse;

      (c) Distances between areas of practice and the nearest hospitals and physicians;

      (d) Whether the advanced practice registered nurse is authorized to prescribe a controlled substance listed in schedule II pursuant to a protocol approved by a collaborating physician;

      (e) Effects on the health, safety and welfare of the public; and

      [(e)](f) Other factors which the Board considers important to the regulation of the practice of advanced [practitioners of nursing] practice registered nurses who hold certificates from the Board.

      Sec. 14. NRS 639.2351 is hereby amended to read as follows:

      639.2351  1.  An advanced [practitioner of nursing] practice registered nurse may prescribe, in accordance with NRS 454.695 and 632.237, controlled substances, poisons, dangerous drugs and devices if the advanced [practitioner of nursing:] practice registered nurse:

      (a) Is authorized to do so by the State Board of Nursing in a [certificate] license issued by that Board; and

      (b) Applies for and obtains a certificate of registration from the State Board of Pharmacy and pays the fee set by a regulation adopted by the Board.

      2.  The State Board of Pharmacy shall consider each application from an advanced [practitioner of nursing] practice registered nurse separately, and may:

 


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      (a) Issue a certificate of registration; or

      (b) Refuse to issue a certificate of registration, regardless of the provisions of the [certificate] license issued by the State Board of Nursing.

      Sec. 15. NRS 639.2589 is hereby amended to read as follows:

      639.2589  1.  The form used for any prescription which is issued or intended to be filled in this state must contain a line for the signature of the practitioner.

      2.  Substitutions may be made in filling prescriptions contained in the orders of a physician, or of an advanced [practitioner of nursing] practice registered nurse who is a practitioner, in a facility for skilled nursing or facility for intermediate care.

      3.  Substitutions may be made in filling prescriptions ordered on a patient’s chart in a hospital if the hospital’s medical staff has approved a formulary for specific generic substitutions.

      Sec. 16. NRS 640E.260 is hereby amended to read as follows:

      640E.260  1.  A licensed dietitian shall provide nutrition services to assist a person in achieving and maintaining proper nourishment and care of his or her body, including, without limitation:

      (a) Assessing the nutritional needs of a person and determining resources for and constraints in meeting those needs by obtaining, verifying and interpreting data;

      (b) Determining the metabolism of a person and identifying the food, nutrients and supplements necessary for growth, development, maintenance or attainment of proper nourishment of the person;

      (c) Considering the cultural background and socioeconomic needs of a person in achieving or maintaining proper nourishment;

      (d) Identifying and labeling nutritional problems of a person;

      (e) Recommending the appropriate method of obtaining proper nourishment, including, without limitation, orally, intravenously or through a feeding tube;

      (f) Providing counseling, advice and assistance concerning health and disease with respect to the nutritional intake of a person;

      (g) Establishing priorities, goals and objectives that meet the nutritional needs of a person and are consistent with the resources of the person, including, without limitation, providing instruction on meal preparation;

      (h) Treating nutritional problems of a person and identifying patient outcomes to determine the progress made by the person;

      (i) Planning activities to change the behavior, risk factors, environmental conditions or other aspects of the health and nutrition of a person, a group of persons or the community at large;

      (j) Developing, implementing and managing systems to provide care related to nutrition;

      (k) Evaluating and maintaining appropriate standards of quality in the services provided;

      (l) Accepting and transmitting verbal and electronic orders from a physician consistent with an established protocol to implement medical nutrition therapy; and

      (m) Ordering medical laboratory tests relating to the therapeutic treatment concerning the nutritional needs of a patient when authorized to do so by a written protocol prepared or approved by a physician.

 


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      2.  A licensed dietitian may use medical nutrition therapy to manage, treat or rehabilitate a disease, illness, injury or medical condition of a patient, including, without limitation:

      (a) Interpreting data and recommending the nutritional needs of the patient through methods such as diet, feeding tube, intravenous solutions or specialized oral feedings;

      (b) Determining the interaction between food and drugs prescribed to the patient; and

      (c) Developing and managing operations to provide food, care and treatment programs prescribed by a physician, physician assistant, dentist, advanced [practitioner of nursing] practice registered nurse or podiatric physician that monitor or alter the food and nutrient levels of the patient.

      3.  A licensed dietitian shall not provide medical diagnosis of the health of a person.

      Sec. 17. NRS 433A.165 is hereby amended to read as follows:

      433A.165  1.  Before a person alleged to be a person with mental illness may be admitted to a public or private mental health facility pursuant to NRS 433A.160, the person must:

      (a) First be examined by a licensed physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced [practitioner of nursing] practice registered nurse licensed pursuant to NRS 632.237 at any location where such a physician, physician assistant or advanced [practitioner of nursing] practice registered nurse is authorized to conduct such an examination to determine whether the person has a medical problem, other than a psychiatric problem, which requires immediate treatment; and

      (b) If such treatment is required, be admitted for the appropriate medical care:

             (1) To a hospital if the person is in need of emergency services or care; or

             (2) To another appropriate medical facility if the person is not in need of emergency services or care.

      2.  If a person with a mental illness has a medical problem in addition to a psychiatric problem which requires medical treatment that requires more than 72 hours to complete, the licensed physician , [or] physician assistant [licensed pursuant to chapter 630 or 633 of NRS or an] or advanced [practitioner of nursing] practice registered nurse who examined the person must:

      (a) On the first business day after determining that such medical treatment is necessary file with the clerk of the district court a written petition to admit the person to a public or private mental health facility pursuant to NRS 433A.160 after the medical treatment has been completed. The petition must:

             (1) Include, without limitation, the medical condition of the person and the purpose for continuing the medical treatment of the person; and

             (2) Be accompanied by a copy of the application for the emergency admission of the person required pursuant to NRS 433A.160 and the certificate required pursuant to NRS 433A.170.

      (b) Seven days after filing a petition pursuant to paragraph (a) and every 7 days thereafter, file with the clerk of the district court an update on the medical condition and treatment of the person.

 


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      3.  The examination and any transfer of the person from a facility when the person has an emergency medical condition and has not been stabilized must be conducted in compliance with:

      (a) The requirements of 42 U.S.C. § 1395dd and any regulations adopted pursuant thereto, and must involve a person authorized pursuant to federal law to conduct such an examination or certify such a transfer; and

      (b) The provisions of NRS 439B.410.

      4.  The cost of the examination must be paid by the county in which the person alleged to be a person with mental illness resides if services are provided at a county hospital located in that county or a hospital or other medical facility designated by that county, unless the cost is voluntarily paid by the person alleged to be a person with mental illness or, on the person’s behalf, by his or her insurer or by a state or federal program of medical assistance.

      5.  The county may recover all or any part of the expenses paid by it, in a civil action against:

      (a) The person whose expenses were paid;

      (b) The estate of that person; or

      (c) A responsible relative as prescribed in NRS 433A.610, to the extent that financial ability is found to exist.

      6.  The cost of treatment, including hospitalization, for a person who is indigent must be paid pursuant to NRS 428.010 by the county in which the person alleged to be a person with mental illness resides.

      7.  The provisions of this section do not require the Division to provide examinations required pursuant to subsection 1 at a Division facility if the Division does not have the:

      (a) Appropriate staffing levels of physicians, physician assistants, advanced [practitioners of nursing] practice registered nurses or other appropriate staff available at the facility as the Division determines is necessary to provide such examinations; or

      (b) Appropriate medical laboratories as the Division determines is necessary to provide such examinations.

      8.  The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations that:

      (a) Define “emergency services or care” as that term is used in this section; and

      (b) Prescribe the type of medical facility that a person may be admitted to pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      9.  As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 18. NRS 442.119 is hereby amended to read as follows:

      442.119  As used in NRS 442.119 to 442.1198, inclusive, unless the context otherwise requires:

      1.  “Health officer” includes a local health officer, a city health officer, a county health officer and a district health officer.

      2.  “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      3.  “Medicare” has the meaning ascribed to it in NRS 439B.130.

      4.  “Provider of prenatal care” means:

      (a) A physician who is licensed in this State and certified in obstetrics and gynecology, family practice, general practice or general surgery.

      (b) A certified nurse midwife who is licensed by the State Board of Nursing.

 


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      (c) An advanced [practitioner of nursing] practice registered nurse who is licensed by the State Board of Nursing pursuant to NRS 632.237 and who has specialized skills and training in obstetrics or family nursing.

      (d) A physician assistant licensed pursuant to chapter 630 or 633 of NRS who has specialized skills and training in obstetrics or family practice.

      Sec. 19. NRS 449.0175 is hereby amended to read as follows:

      449.0175  “Rural clinic” means a facility located in an area that is not designated as an urban area by the Bureau of the Census, where medical services are provided by a physician assistant licensed pursuant to chapter 630 or 633 of NRS or an advanced [practitioner of nursing] practice registered nurse licensed pursuant to NRS 632.237 who is under the supervision of a licensed physician.

      Sec. 20. NRS 453.023 is hereby amended to read as follows:

      453.023  “Advanced [practitioner of nursing”] practice registered nurse” means a registered nurse who holds a valid [certificate of recognition] license as an advanced [practitioner of nursing] practice registered nurse issued by the State Board of Nursing [.] pursuant to NRS 632.237.

      Sec. 21. NRS 453.038 is hereby amended to read as follows:

      453.038  “Chart order” means an order entered on the chart of a patient:

      1.  In a hospital, facility for intermediate care or facility for skilled nursing which is licensed as such by the Health Division of the Department; or

      2.  Under emergency treatment in a hospital by a physician, advanced [practitioner of nursing,] practice registered nurse, dentist or podiatric physician, or on the written or oral order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, advanced [practitioner of nursing,] practice registered nurse, dentist or podiatric physician authorizing the administration of a drug to the patient.

      Sec. 22. NRS 453.091 is hereby amended to read as follows:

      453.091  1.  “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.

      2.  “Manufacture” does not include the preparation, compounding, packaging or labeling of a substance by a pharmacist, physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, advanced [practitioner of nursing] practice registered nurse or veterinarian:

      (a) As an incident to the administering or dispensing of a substance in the course of his or her professional practice; or

      (b) By an authorized agent under his or her supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      Sec. 23. NRS 453.126 is hereby amended to read as follows:

      453.126  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a license to practice his or her profession in this State and is registered pursuant to this chapter.

 


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      2.  An advanced [practitioner of nursing] practice registered nurse who holds [a certificate from the State Board of Nursing and] a certificate from the State Board of Pharmacy authorizing him or her to dispense or to prescribe and dispense controlled substances.

      3.  A scientific investigator or a pharmacy, hospital or other institution licensed, registered or otherwise authorized in this State to distribute, dispense, conduct research with respect to, to administer, or use in teaching or chemical analysis, a controlled substance in the course of professional practice or research.

      4.  A euthanasia technician who is licensed by the Nevada State Board of Veterinary Medical Examiners and registered pursuant to this chapter, while he or she possesses or administers sodium pentobarbital pursuant to his or her license and registration.

      5.  A physician assistant who:

      (a) Holds a license from the Board of Medical Examiners; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of a physician as required by chapter 630 of NRS.

      6.  A physician assistant who:

      (a) Holds a license from the State Board of Osteopathic Medicine; and

      (b) Is authorized by the Board to possess, administer, prescribe or dispense controlled substances under the supervision of an osteopathic physician as required by chapter 633 of NRS.

      7.  An optometrist who is certified by the Nevada State Board of Optometry to prescribe and administer therapeutic pharmaceutical agents pursuant to NRS 636.288, when the optometrist prescribes or administers therapeutic pharmaceutical agents within the scope of his or her certification.

      Sec. 24. NRS 453.128 is hereby amended to read as follows:

      453.128  1.  “Prescription” means:

      (a) An order given individually for the person for whom prescribed, directly from a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced [practitioner of nursing] practice registered nurse or veterinarian, or his or her agent, to a pharmacist or indirectly by means of an order signed by the practitioner or an electronic transmission from the practitioner to a pharmacist; or

      (b) A chart order written for an inpatient specifying drugs which he or she is to take home upon his or her discharge.

      2.  The term does not include a chart order written for an inpatient for use while he or she is an inpatient.

      Sec. 25. NRS 453.226 is hereby amended to read as follows:

      453.226  1.  Every practitioner or other person who dispenses any controlled substance within this State or who proposes to engage in the dispensing of any controlled substance within this State shall obtain biennially a registration issued by the Board in accordance with its regulations.

      2.  A person registered by the Board in accordance with the provisions of NRS 453.011 to 453.552, inclusive, to dispense or conduct research with controlled substances may possess, dispense or conduct research with those substances to the extent authorized by the registration and in conformity with the other provisions of those sections.

 


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      3.  The following persons are not required to register and may lawfully possess and distribute controlled substances pursuant to the provisions of NRS 453.011 to 453.552, inclusive:

      (a) An agent or employee of a registered dispenser of a controlled substance if he or she is acting in the usual course of his or her business or employment;

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment;

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, advanced [practitioner of nursing,] practice registered nurse, podiatric physician or veterinarian or in lawful possession of a schedule V substance; or

      (d) A physician who:

             (1) Holds a locum tenens license issued by the Board of Medical Examiners or a temporary license issued by the State Board of Osteopathic Medicine; and

             (2) Is registered with the Drug Enforcement Administration at a location outside this State.

      4.  The Board may waive the requirement for registration of certain dispensers if it finds it consistent with the public health and safety.

      5.  A separate registration is required at each principal place of business or professional practice where the applicant dispenses controlled substances.

      6.  The Board may inspect the establishment of a registrant or applicant for registration in accordance with the Board’s regulations.

      Sec. 26. NRS 453.336 is hereby amended to read as follows:

      453.336  1.  A person shall not knowingly or intentionally possess a controlled substance, unless the substance was obtained directly from, or pursuant to, a prescription or order of a physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician, optometrist, advanced [practitioner of nursing] practice registered nurse or veterinarian while acting in the course of his or her professional practice, or except as otherwise authorized by the provisions of NRS 453.005 to 453.552, inclusive.

      2.  Except as otherwise provided in subsections 3 and 4 and in NRS 453.3363, and unless a greater penalty is provided in NRS 212.160, 453.3385, 453.339 or 453.3395, a person who violates this section shall be punished:

      (a) For the first or second offense, if the controlled substance is listed in schedule I, II, III or IV, for a category E felony as provided in NRS 193.130.

      (b) For a third or subsequent offense, if the controlled substance is listed in schedule I, II, III or IV, or if the offender has previously been convicted two or more times in the aggregate of any violation of the law of the United States or of any state, territory or district relating to a controlled substance, for a category D felony as provided in NRS 193.130, and may be further punished by a fine of not more than $20,000.

      (c) For the first offense, if the controlled substance is listed in schedule V, for a category E felony as provided in NRS 193.130.

      (d) For a second or subsequent offense, if the controlled substance is listed in schedule V, for a category D felony as provided in NRS 193.130.

 


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      3.  Unless a greater penalty is provided in NRS 212.160, 453.337 or 453.3385, a person who is convicted of the possession of flunitrazepam or gamma-hydroxybutyrate, or any substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      4.  Unless a greater penalty is provided pursuant to NRS 212.160, a person who is convicted of the possession of 1 ounce or less of marijuana:

      (a) For the first offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $600; or

             (2) Examined by an approved facility for the treatment of abuse of drugs to determine whether the person is a drug addict and is likely to be rehabilitated through treatment and, if the examination reveals that the person is a drug addict and is likely to be rehabilitated through treatment, assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (b) For the second offense, is guilty of a misdemeanor and shall be:

             (1) Punished by a fine of not more than $1,000; or

             (2) Assigned to a program of treatment and rehabilitation pursuant to NRS 453.580.

      (c) For the third offense, is guilty of a gross misdemeanor and shall be punished as provided in NRS 193.140.

      (d) For a fourth or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      5.  As used in this section, “controlled substance” includes flunitrazepam, gamma-hydroxybutyrate and each substance for which flunitrazepam or gamma-hydroxybutyrate is an immediate precursor.

      Sec. 27. NRS 453.371 is hereby amended to read as follows:

      453.371  As used in NRS 453.371 to 453.552, inclusive:

      1.  [“Advanced practitioner of nursing” means a person who holds a certificate of recognition granted pursuant to NRS 632.237 and is registered with the Board.

      2.]  “Medical intern” means a medical graduate acting as an assistant in a hospital for the purpose of clinical training.

      [3.]2.  “Pharmacist” means a person who holds a certificate of registration issued pursuant to NRS 639.127 and is registered with the Board.

      [4.]3.  “Physician,” “dentist,” “podiatric physician,” “veterinarian” and “euthanasia technician” mean persons authorized by a license to practice their respective professions in this State who are registered with the Board.

      [5.]4.  “Physician assistant” means a person who is registered with the Board and:

      (a) Holds a license issued pursuant to NRS 630.273; or

      (b) Holds a license issued pursuant to NRS 633.433.

      Sec. 28. NRS 453.375 is hereby amended to read as follows:

      453.375  A controlled substance may be possessed and administered by the following persons:

      1.  A practitioner.

      2.  A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced [practitioner of nursing,] practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      3.  An advanced emergency medical technician:

 


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      (a) As authorized by regulation of:

             (1) The State Board of Health in a county whose population is less than 100,000; or

             (2) A county or district board of health in a county whose population is 100,000 or more; and

      (b) In accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      4.  A respiratory therapist, at the direction of a physician or physician assistant.

      5.  A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician or physician assistant and:

      (a) In the presence of a physician, physician assistant or a registered nurse; or

      (b) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      6.  An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      7.  Any person designated by the head of a correctional institution.

      8.  A veterinary technician at the direction of his or her supervising veterinarian.

      9.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      10.  In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      11.  A person who is enrolled in a training program to become an advanced emergency medical technician, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to an advanced emergency medical technician, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      Sec. 29. NRS 453.381 is hereby amended to read as follows:

      453.381  1.  In addition to the limitations imposed by NRS 453.256 and 453.3611 to 453.3648, inclusive, a physician, physician assistant, dentist, advanced [practitioner of nursing] practice registered nurse or podiatric physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his or her professional practice, and he or she shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself or herself, his or her spouse or his or her children except in cases of emergency.

 


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physician may prescribe or administer controlled substances only for a legitimate medical purpose and in the usual course of his or her professional practice, and he or she shall not prescribe, administer or dispense a controlled substance listed in schedule II for himself or herself, his or her spouse or his or her children except in cases of emergency.

      2.  A veterinarian, in the course of his or her professional practice only, and not for use by a human being, may prescribe, possess and administer controlled substances, and the veterinarian may cause them to be administered by a veterinary technician under the direction and supervision of the veterinarian.

      3.  A euthanasia technician, within the scope of his or her license, and not for use by a human being, may possess and administer sodium pentobarbital.

      4.  A pharmacist shall not fill an order which purports to be a prescription if the pharmacist has reason to believe that it was not issued in the usual course of the professional practice of a physician, physician assistant, dentist, advanced [practitioner of nursing,] practice registered nurse, podiatric physician or veterinarian.

      5.  Any person who has obtained from a physician, physician assistant, dentist, advanced [practitioner of nursing,] practice registered nurse, podiatric physician or veterinarian any controlled substance for administration to a patient during the absence of the physician, physician assistant, dentist, advanced [practitioner of nursing,] practice registered nurse, podiatric physician or veterinarian shall return to him or her any unused portion of the substance when it is no longer required by the patient.

      6.  A manufacturer, wholesale supplier or other person legally able to furnish or sell any controlled substance listed in schedule II shall not provide samples of such a controlled substance to registrants.

      7.  A salesperson of any manufacturer or wholesaler of pharmaceuticals shall not possess, transport or furnish any controlled substance listed in schedule II.

      8.  A person shall not dispense a controlled substance in violation of a regulation adopted by the Board.

      Sec. 30. NRS 453.391 is hereby amended to read as follows:

      453.391  A person shall not:

      1.  Unlawfully take, obtain or attempt to take or obtain a controlled substance or a prescription for a controlled substance from a manufacturer, wholesaler, pharmacist, physician, physician assistant, dentist, advanced [practitioner of nursing,] practice registered nurse, veterinarian or any other person authorized to administer, dispense or possess controlled substances.

      2.  While undergoing treatment and being supplied with any controlled substance or a prescription for any controlled substance from one practitioner, knowingly obtain any controlled substance or a prescription for a controlled substance from another practitioner without disclosing this fact to the second practitioner.

      Sec. 31. NRS 454.0015 is hereby amended to read as follows:

      454.0015  “Advanced [practitioner of nursing”] practice registered nurse” means a registered nurse who holds a valid [certificate of recognition] license as an advanced [practitioner of nursing] practice registered nurse issued by the State Board of Nursing [.] pursuant to NRS 632.237.

 


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ê2013 Statutes of Nevada, Page 2088 (Chapter 383, AB 170)ê

 

      Sec. 32. NRS 454.00958 is hereby amended to read as follows:

      454.00958  “Practitioner” means:

      1.  A physician, dentist, veterinarian or podiatric physician who holds a valid license to practice his or her profession in this State.

      2.  A pharmacy, hospital or other institution licensed or registered to distribute, dispense, conduct research with respect to or to administer a dangerous drug in the course of professional practice in this State.

      3.  When relating to the prescription of poisons, dangerous drugs and devices:

      (a) An advanced [practitioner of nursing] practice registered nurse who holds [a certificate from the State Board of Nursing and] a certificate from the State Board of Pharmacy permitting him or her so to prescribe; or

      (b) A physician assistant who holds a license from the Board of Medical Examiners and a certificate from the State Board of Pharmacy permitting him or her so to prescribe.

      4.  An optometrist who is certified to prescribe and administer dangerous drugs pursuant to NRS 636.288 when the optometrist prescribes or administers dangerous drugs which are within the scope of his or her certification.

      Sec. 33. NRS 454.213 is hereby amended to read as follows:

      454.213  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      1.  A practitioner.

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      3.  Except as otherwise provided in subsection 4, a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced [practitioner of nursing,] practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      4.  In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      (a) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      (b) Acting under the direction of the medical director of that agency or facility who works in this State.

      5.  A medication aide - certified at a designated facility under the supervision of an advanced [practitioner of nursing] practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this subsection, “designated facility” has the meaning ascribed to it in NRS 632.0145.

      6.  Except as otherwise provided in subsection 7, an intermediate emergency medical technician or an advanced emergency medical technician, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      (a) The State Board of Health in a county whose population is less than 100,000;

 


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ê2013 Statutes of Nevada, Page 2089 (Chapter 383, AB 170)ê

 

      (b) A county board of health in a county whose population is 100,000 or more; or

      (c) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      7.  An intermediate emergency medical technician or an advanced emergency medical technician who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      8.  A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      9.  A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      10.  A medical student or student nurse in the course of his or her studies at an approved college of medicine or school of professional or practical nursing, at the direction of a physician and:

      (a) In the presence of a physician or a registered nurse; or

      (b) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      11.  Any person designated by the head of a correctional institution.

      12.  An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      13.  A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      14.  A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      15.  A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      16.  A physical therapist, but only if the drug or medicine is a topical drug which is:

      (a) Used for cooling and stretching external tissue during therapeutic treatments; and

      (b) Prescribed by a licensed physician for:

             (1) Iontophoresis; or

             (2) The transmission of drugs through the skin using ultrasound.

      17.  In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      18.  A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      19.  In accordance with applicable regulations of the Board, a registered pharmacist who:

      (a) Is trained in and certified to carry out standards and practices for immunization programs;

 


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ê2013 Statutes of Nevada, Page 2090 (Chapter 383, AB 170)ê

 

      (b) Is authorized to administer immunizations pursuant to written protocols from a physician; and

      (c) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices.

      20.  A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809.

      21.  A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, intermediate emergency medical technician, advanced emergency medical technician, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      22.  A medical assistant, in accordance with applicable regulations of the:

      (a) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      (b) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      Sec. 34. NRS 454.215 is hereby amended to read as follows:

      454.215  A dangerous drug may be dispensed by:

      1.  A registered pharmacist upon the legal prescription from a practitioner or to a pharmacy in a correctional institution upon the written order of the prescribing practitioner in charge;

      2.  A pharmacy in a correctional institution, in case of emergency, upon a written order signed by the chief medical officer;

      3.  A practitioner, or a physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

      4.  A registered nurse, when the nurse is engaged in the performance of any public health program approved by the Board;

      5.  A medical intern in the course of his or her internship;

      6.  An advanced [practitioner of nursing] practice registered nurse who holds [a certificate from the State Board of Nursing and] a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;

      7.  A registered nurse employed at an institution of the Department of Corrections to an offender in that institution;

      8.  A registered pharmacist from an institutional pharmacy pursuant to regulations adopted by the Board; or

      9.  A registered nurse to a patient at a rural clinic that is designated as such pursuant to NRS 433.233 and that is operated by the Division of Mental Health and Developmental Services of the Department of Health and Human Services if the nurse is providing mental health services at the rural clinic,

 


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ê2013 Statutes of Nevada, Page 2091 (Chapter 383, AB 170)ê

 

Health and Developmental Services of the Department of Health and Human Services if the nurse is providing mental health services at the rural clinic,

Ê except that no person may dispense a dangerous drug in violation of a regulation adopted by the Board.

      Sec. 35. NRS 454.221 is hereby amended to read as follows:

      454.221  1.  A person who furnishes any dangerous drug except upon the prescription of a practitioner is guilty of a category D felony and shall be punished as provided in NRS 193.130, unless the dangerous drug was obtained originally by a legal prescription.

      2.  The provisions of this section do not apply to the furnishing of any dangerous drug by:

      (a) A practitioner to his or her patients;

      (b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS if authorized by the Board;

      (c) A registered nurse while participating in a public health program approved by the Board, or an advanced [practitioner of nursing] practice registered nurse who holds [a certificate from the State Board of Nursing and] a certificate from the State Board of Pharmacy permitting him or her to dispense dangerous drugs;

      (d) A manufacturer or wholesaler or pharmacy to each other or to a practitioner or to a laboratory under records of sales and purchases that correctly give the date, the names and addresses of the supplier and the buyer, the drug and its quantity;

      (e) A hospital pharmacy or a pharmacy so designated by a county health officer in a county whose population is 100,000 or more, or by a district health officer in any county within its jurisdiction or, in the absence of either, by the State Health Officer or the State Health Officer’s designated Medical Director of Emergency Medical Services, to a person or agency described in subsection 3 of NRS 639.268 to stock ambulances or other authorized vehicles or replenish the stock; or

      (f) A pharmacy in a correctional institution to a person designated by the Director of the Department of Corrections to administer a lethal injection to a person who has been sentenced to death.

      Sec. 36. NRS 454.480 is hereby amended to read as follows:

      454.480  1.  Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescription of a physician, dentist or veterinarian, or of an advanced [practitioner of nursing] practice registered nurse who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 639.2393 to 639.2397, inclusive.

      2.  Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold without prescription for the following purposes:

      (a) For use in the treatment of persons having asthma or diabetes.

      (b) For use in injecting intramuscular or subcutaneous medications prescribed by a practitioner for the treatment of human beings.

      (c) For use in an ambulance or by a fire-fighting agency for which a permit is held pursuant to NRS 450B.200 or 450B.210.

      (d) For the injection of drugs in animals or poultry.

 


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ê2013 Statutes of Nevada, Page 2092 (Chapter 383, AB 170)ê

 

      (e) For commercial or industrial use or use by jewelers or other merchants having need for those devices in the conduct of their business, or by hobbyists if the seller is satisfied that the device will be used for legitimate purposes.

      (f) For use by funeral directors and embalmers, licensed medical technicians or technologists, or research laboratories.

      Sec. 37. NRS 454.695 is hereby amended to read as follows:

      454.695  [1.]  An advanced [practitioner of nursing] practice registered nurse may prescribe poisons, dangerous drugs and devices for legitimate medical purposes in accordance with [:

      (a) The certificates] the certificate he or she holds from the Board and the license issued by the State Board of Nursing . [; and

      (b) The protocol which is approved by the State Board of Nursing.

      2.  For the purposes of this section, “protocol” means the written agreement between a physician and an advanced practitioner of nursing which sets forth matters including the:

      (a) Patients which the advanced practitioner of nursing may serve;

      (b) Specific poisons, dangerous drugs and devices which the advanced practitioner of nursing may prescribe; and

      (c) Conditions under which the advanced practitioner of nursing must directly refer the patient to the physician.]

      Sec. 38. NRS 616C.115 is hereby amended to read as follows:

      616C.115  1.  Except as otherwise provided in subsection 2, a physician or advanced [practitioner of nursing] practice registered nurse shall prescribe for an injured employee a generic drug in lieu of a drug with a brand name if the generic drug is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug with a brand name.

      2.  A physician or advanced [practitioner of nursing] practice registered nurse is not required to comply with the provisions of subsection 1 if:

      (a) The physician or advanced [practitioner of nursing] practice registered nurse determines that the generic drug would not be beneficial to the health of the injured employee; or

      (b) The generic drug is higher in cost than the drug with a brand name.

      Sec. 39.  A person who, on July 1, 2013, possesses a valid certificate of recognition as an advanced practitioner of nursing that was granted on or before June 30, 2013, by the State Board of Nursing pursuant to NRS 632.237 shall be deemed to hold a license as an advanced practice registered nurse issued by the Board pursuant to NRS 632.237, as amended by section 6 of this act.

      Sec. 39.5.  The provisions of this act are not intended to expand the scope of practice of an advanced practice registered nurse beyond the scope of practice delineated by the State Board of Nursing in regulations adopted pursuant to NRS 632.237 or otherwise authorized by specific statute.

      Sec. 40.  In preparing supplements to the Nevada Administrative Code, the Legislative Counsel shall make such changes as necessary so that references to “advanced practitioner of nursing” are replaced with “advanced practice registered nurse.”

      Sec. 41.  1.  This section and sections 1 to 6, inclusive, and 8 to 40, inclusive, of this act become effective on July 1, 2013.

      2.  Section 7 of this act becomes effective on July 1, 2014.

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ê2013 Statutes of Nevada, Page 2093ê

 

CHAPTER 384, AB 84

Assembly Bill No. 84–Committee on Judiciary

 

CHAPTER 384

 

[Approved: June 3, 2013]

 

AN ACT relating to criminal procedure; requiring a district court, in certain circumstances, to consider the facts and circumstances surrounding an offense committed by an offender who is a veteran or member of the military to determine eligibility for an appropriate program of treatment established by the district court; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes a district court to place certain offenders who are veterans or members of the military on probation upon terms and conditions that must include attendance and successful completion of an appropriate program for the treatment of such offenders that is established by the district court. However, the court may not assign an offender to such a program without the prosecuting attorney stipulating to the assignment if: (1) the offense committed by the offender involved the use or threatened use of force or violence; or (2) the offender was previously convicted of a felony that involved the use or threatened use of force or violence. (NRS 176A.290) Section 1.5 of this bill provides that in determining whether an offense involved the use or threatened use of force or violence, the court must consider the facts and circumstances surrounding the offense, including, without limitation, whether the offender intended to place another person in reasonable apprehension of bodily harm.

 

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. (Deleted by amendment.)

      Sec. 1.5. NRS 176A.290 is hereby amended to read as follows:

      176A.290  1.  Except as otherwise provided in subsection 2, if a defendant who is a veteran or a member of the military and who suffers from mental illness, alcohol or drug abuse or posttraumatic stress disorder as described in NRS 176A.285 tenders a plea of guilty, guilty but mentally ill or nolo contendere to, or is found guilty or guilty but mentally ill of, any offense for which the suspension of sentence or the granting of probation is not prohibited by statute, the court may, without entering a judgment of conviction and with the consent of the defendant, suspend further proceedings and place the defendant on probation upon terms and conditions that must include attendance and successful completion of a program established pursuant to NRS 176A.280.

      2.  If the offense committed by the defendant involved the use or threatened use of force or violence or if the defendant was previously convicted in this State or in any other jurisdiction of a felony that involved the use or threatened use of force or violence, the court may not assign the defendant to the program unless the prosecuting attorney stipulates to the assignment. For the purposes of this subsection, in determining whether an offense involved the use or threatened use of force or violence, the court shall consider the facts and circumstances surrounding the offense, including, without limitation, whether the defendant intended to place another person in reasonable apprehension of bodily harm.

 


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ê2013 Statutes of Nevada, Page 2094 (Chapter 384, AB 84)ê

 

      3.  Upon violation of a term or condition:

      (a) The court may enter a judgment of conviction and proceed as provided in the section pursuant to which the defendant was charged.

      (b) Notwithstanding the provisions of paragraph (e) of subsection 2 of NRS 193.130, the court may order the defendant to the custody of the Department of Corrections if the offense is punishable by imprisonment in the state prison.

      4.  Upon fulfillment of the terms and conditions, the court shall discharge the defendant and dismiss the proceedings. Discharge and dismissal pursuant to this section is without adjudication of guilt and is not a conviction for purposes of this section or for purposes of employment, civil rights or any statute or regulation or license or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for second or subsequent convictions or the setting of bail. Discharge and dismissal restores the defendant, in the contemplation of the law, to the status occupied before the arrest, indictment or information. The defendant may not be held thereafter under any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge that arrest, indictment, information or trial in response to an inquiry made of the defendant for any purpose.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  This act becomes effective on January 1, 2014.

________

CHAPTER 385, AB 212

Assembly Bill No. 212–Assemblymen Hansen, Hambrick; Paul Anderson, Ellison, Grady, Kirner, Livermore, Stewart and Wheeler

 

Joint Sponsor: Senator Gustavson

 

CHAPTER 385

 

[Approved: June 3, 2013]

 

AN ACT relating to correctional institutions; prohibiting the possession of portable telecommunications devices by certain prisoners; authorizing persons convicted of possessing portable telecommunications devices to request a modification of sentence under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits the possession of portable telecommunications devices by prisoners in state institutions and facilities. (NRS 212.165) This bill extends that prohibition to include any prisoner in a jail, branch county jail or other local detention facility and provides that a prisoner who violates the prohibition is guilty of: (1) a category D felony if he or she was confined as a result of a felony; (2) a gross misdemeanor if he or she was confined as a result of a gross misdemeanor; or (3) a misdemeanor if he or she was confined as a result of a misdemeanor. This bill also authorizes a person who was convicted of possessing a portable telecommunications device in a jail, branch county jail or other local detention facility to request a modification of his or her sentence if the underlying charge for which the person was in lawful custody or confinement has been reduced, declined for prosecution or dismissed.

 


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ê2013 Statutes of Nevada, Page 2095 (Chapter 385, AB 212)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 212.165 is hereby amended to read as follows:

      212.165  1.  A person shall not, without lawful authorization, knowingly furnish, attempt to furnish, or aid or assist in furnishing or attempting to furnish to a prisoner confined in an institution or a facility of the Department of Corrections, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      2.  A person shall not, without lawful authorization, carry into an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, a portable telecommunications device. A person who violates this subsection is guilty of a misdemeanor.

      3.  A prisoner confined in an institution or a facility of the Department, or any other place where prisoners are authorized to be or are assigned by the Director of the Department, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  A prisoner confined in a jail or any other place where such prisoners are authorized to be or are assigned by the sheriff, chief of police or other officer responsible for the operation of the jail, shall not, without lawful authorization, possess or have in his or her custody or control a portable telecommunications device. A prisoner who violates this subsection and who is in lawful custody or confinement for a charge, conviction or sentence for:

      (a) A felony is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) A gross misdemeanor is guilty of a gross misdemeanor.

      (c) A misdemeanor is guilty of a misdemeanor.

      5.  A sentence imposed upon a prisoner pursuant to subsection 3 [:] or 4:

      (a) Is not subject to suspension or the granting of probation; and

      (b) Must run consecutively after the prisoner has served any sentences imposed upon the prisoner for the offense or offenses for which the prisoner was in lawful custody or confinement when the prisoner violated the provisions of subsection 3 [.

      5.] or 4.

      6.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been reduced to a charge for which the penalty is less than the penalty which was imposed upon the person pursuant to subsection 4, with the court of original jurisdiction requesting that the court, for good cause shown:

 


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ê2013 Statutes of Nevada, Page 2096 (Chapter 385, AB 212)ê

 

      (a) Order that his or her sentence imposed pursuant to subsection 4 be modified to a sentence equivalent to the penalty imposed for the underlying charge for which the person was convicted; and

      (b) Resentence him or her in accordance with the penalties prescribed for the underlying charge for which the person was convicted.

      7.  A person who was convicted and sentenced pursuant to subsection 4 may file a petition, if the underlying charge for which the person was in lawful custody or confinement has been declined for prosecution or dismissed, with the court of original jurisdiction requesting that the court, for good cause shown:

      (a) Order that his or her original sentence pursuant to subsection 4 be reduced to a misdemeanor; and

      (b) Resentence him or her in accordance with the penalties prescribed for a misdemeanor.

      8.  No person has a right to the modification of a sentence pursuant to subsection 6 or 7, and the granting or denial of a petition pursuant to subsection 6 or 7 does not establish a basis for any cause of action against this State, any political subdivision of this State or any agency, board, commission, department, officer, employee or agent of this State or a political subdivision of this State.

      9.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      (c) “Jail” means a jail, branch county jail or other local detention facility.

      (d) “Telecommunications device” has the meaning ascribed to it in subsection 3 of NRS 209.417.

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ê2013 Statutes of Nevada, Page 2097ê

 

CHAPTER 386, AB 225

Assembly Bill No. 225–Assemblymen Stewart; Grady, Hardy and Hickey

 

CHAPTER 386

 

[Approved: June 3, 2013]

 

AN ACT relating to business brokers; revising the definition of the term “business broker”; limiting the application of the term to the performance of certain acts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that it is unlawful for any person, limited-liability company, partnership, association or corporation to engage in the business of, act in the capacity of, or advertise or assume to act as, a business broker within this State without first obtaining from the Real Estate Division of the Department of Business and Industry a license as a real estate broker, real estate broker-salesperson or real estate salesperson and a permit to engage in business as a business broker. (NRS 645.230) Existing law defines a “business broker” as a person who, while acting as a real estate broker, real estate broker-salesperson or real estate salesperson for another and for compensation or with the intention or expectation of receiving compensation: (1) sells, exchanges, options or purchases a business; (2) negotiates or offers, attempts or agrees to negotiate the sale, exchange, option or purchase of a business; or (3) lists or solicits prospective purchasers of a business. (NRS 645.0075) This bill revises the definition of the term “business broker” to limit its application to the acts described in NRS 645.0075 which are performed as part of a transaction, proposed transaction or prospective transaction involving an interest or estate in real property.

 

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 645.0075 is hereby amended to read as follows:

      645.0075  “Business broker” means a person who, while acting [as a real estate broker, real estate broker-salesperson or real estate salesperson] for another and for compensation or with the intention or expectation of receiving compensation:

      1.  Sells, exchanges, options , [or] purchases , rents or leases a business [;] that is sold, exchanged, optioned, purchased, rented or leased as part of an interest or estate in real property;

      2.  Negotiates or offers, attempts or agrees to negotiate the sale, exchange, option , [or] purchase , rental or lease of a business [;] that is or is intended to be sold, exchanged, optioned, purchased, rented or leased as part of an interest or estate in real property; or

      3.  Lists or solicits prospective purchasers of a business [.] if a component of the listing or solicitation is an interest or estate in real property.

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ê2013 Statutes of Nevada, Page 2098ê

 

CHAPTER 387, AB 377

Assembly Bill No. 377–Assemblymen Dondero Loop, Frierson; Aizley, Carrillo, Diaz, Eisen and Spiegel

 

Joint Sponsor: Senator Woodhouse

 

CHAPTER 387

 

[Approved: June 3, 2013]

 

AN ACT relating to crimes; revising the provisions governing the crime of sexual conduct between certain school employees or volunteers at a school and a pupil; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a person who is employed in a position of authority or who volunteers in a position of authority at a public or private school from engaging in sexual conduct with a pupil who is enrolled in or attending the public school or private school at which the person is employed or volunteering. (NRS 201.540) This bill expands this provision by prohibiting a person who is or was employed in a position of authority or who volunteers or volunteered in a position of authority at a public school or private school from engaging in sexual conduct with a pupil: (1) who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or (2) with whom the person has had contact in the course of performing his or her duties as an employee or volunteer.

 

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 201.540 is hereby amended to read as follows:

      201.540  1.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 16 or 17 years of age and [who] :

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering [,] ; or

            (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Except as otherwise provided in subsection 4, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed in a position of authority by a public school or private school or is or was volunteering in a position of authority at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and [who] :

 


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ê2013 Statutes of Nevada, Page 2099 (Chapter 387, AB 377)ê

 

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering [,] ; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  For the purposes of subsections 1 and 2, a person shall be deemed to be or have been employed in a position of authority by a public school or private school or deemed to be or have been volunteering in a position of authority at a public or private school if the person is or was employed or volunteering as:

      (a) A teacher or instructor;

      (b) An administrator;

      (c) A head or assistant coach; or

      (d) A teacher’s aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.

      4.  The provisions of this section do not apply to a person who is married to the pupil.

      Sec. 2.  This act becomes effective on July 1, 2013.

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CHAPTER 388, AB 465

Assembly Bill No. 465–Committee on Ways and Means

 

CHAPTER 388

 

[Approved: June 3, 2013]

 

AN ACT relating to state administration; renaming the Records and Technology Division of the Department of Public Safety as the General Services Division; expanding the duties of the renamed Division; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Department of Public Safety is made up of eight divisions, one of which is the Records and Technology Division. (NRS 480.130) This bill: (1) renames the Records and Technology Division as the General Services Division; and (2) expands the duties of the renamed Division.

 

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 480.130 is hereby amended to read as follows:

      480.130  The Department consists of:

      1.  An Investigation Division;

      2.  A Nevada Highway Patrol Division;

      3.  A Division of Emergency Management;

      4.  A State Fire Marshal Division;

 


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ê2013 Statutes of Nevada, Page 2100 (Chapter 388, AB 465)ê

 

      5.  A Division of Parole and Probation;

      6.  A Capitol Police Division;

      7.  A Training Division; and

      8.  A [Records and Technology] General Services Division.

      Sec. 2. NRS 480.140 is hereby amended to read as follows:

      480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

      1.  The Investigation Division shall:

      (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

      (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

      2.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

      3.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapter 414 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and any other specific statute.

      4.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

      5.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

      6.  The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

      7.  The Training Division shall provide training to the employees of the Department.

      8.  The [Records and Technology] General Services Division shall:

      (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute; [and]

      (b) Provide dispatch services for the Department and other agencies as determined by the Director;

      (c) Maintain records of the Department as determined by the Director; and

      (d) Provide [technology] support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System [and offer technology services] as may be imposed by the Director.

      Sec. 3. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the [Records and Technology] General Services Division of the Department.

 


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ê2013 Statutes of Nevada, Page 2101 (Chapter 388, AB 465)ê

 

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

 


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ê2013 Statutes of Nevada, Page 2102 (Chapter 388, AB 465)ê

 

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183 and 449.123; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

 


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ê2013 Statutes of Nevada, Page 2103 (Chapter 388, AB 465)ê

 

      (f) Investigate the criminal history of each person who submits fingerprints or has fingerprints submitted pursuant to NRS 62B.270, 424.031, 427A.735, 432A.170, 433B.183, 449.122 or 449.123.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 4.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 5.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2104ê

 

CHAPTER 389, SB 9

Senate Bill No. 9–Committee on Judiciary

 

CHAPTER 389

 

[Approved: June 3, 2013]

 

AN ACT relating to gaming; revising various definitions relating to gaming; revising provisions relating to the registration of persons who hold an ownership interest in certain business entities which hold a gaming license; revising provisions relating to the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems; revising provisions relating to the regulation of independent testing laboratories; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Nevada Gaming Commission and the State Gaming Control Board are required to administer state gaming licenses and manufacturer’s, seller’s and distributor’s licenses, and to perform various acts relating to the regulation and control of gaming. (NRS 463.140) Sections 1-4 of this bill revise the definitions of the terms “cashless wagering system,” “gaming employee,” “gross revenue” and “wagering credit” for the purposes of the statutory provisions governing the licensing and control of gaming.

      Existing law requires audits of the financial statements of all nonrestricted licensees whose annual gross revenue is $5,000,000 or more, and requires the amount of annual gross revenue to be increased or decreased annually in an amount determined by the Commission and corresponding to the Consumer Price Index. (NRS 463.159) Section 5 of this bill requires the Board to make such a determination.

      Existing law also requires a limited partner holding a 5 percent or less ownership in a limited partnership or a member holding a 5 percent or less ownership in a limited-liability company, who holds or applies for a state gaming license, to register with the Board and submit to the Board’s jurisdiction within 30 days after the person acquires a 5 percent or less ownership interest. (NRS 463.569, 463.5735) Sections 6 and 7 of this bill remove the requirement to register with the Board after acquiring such an ownership, and instead require a person to register upon seeking to hold a 5 percent or less ownership.

      Finally, existing law requires the Commission to adopt regulations providing for the registration of independent testing laboratories, which may be utilized by the Board to inspect and certify gaming devices, equipment and systems, and any components thereof, and providing for the standards and procedures for the revocation of the registration of such independent testing laboratories. (NRS 463.670) Section 8 of this bill: (1) extends the requirement of registration to additional persons that own, operate or have significant involvement with an independent testing laboratory; (2) provides that a person who is registered pursuant to section 8 is subject to the same investigatory and disciplinary procedures as all other gaming licensees; and (3) authorizes the Commission to require a registered independent testing laboratory and certain persons associated with a registered independent testing laboratory to file an application for a finding of suitability.

 


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ê2013 Statutes of Nevada, Page 2105 (Chapter 389, SB 9)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 463.014 is hereby amended to read as follows:

      463.014  “Cashless wagering system” means a method of wagering and accounting:

      1.  In which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained by a computer operated and maintained by a licensee which maintains a record of each transaction involving the wagering instrument or wagering credits, exclusive of the game or gaming device on which wagers are being made. The term includes computerized systems which facilitate electronic transfers of money directly to or from a game or gaming device; or

      2.  Used in a race book or sports pool in which the validity and value of a wagering instrument or wagering credits are determined, monitored and retained on a computer that maintains a record of each transaction involving the wagering instrument or wagering credits and is operated and maintained by a licensee.

      Sec. 2. NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxpersons;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems, interactive gaming systems or equipment associated with interactive gaming;

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

 


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ê2013 Statutes of Nevada, Page 2106 (Chapter 389, SB 9)ê

 

      (l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      (m) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      (n) Floorpersons;

      (o) Hosts or other persons empowered to extend credit or complimentary services;

      (p) Keno runners;

      (q) Keno writers;

      (r) Machine mechanics;

      (s) Odds makers and line setters;

      (t) Security personnel;

      (u) Shift or pit bosses;

      (v) Shills;

      (w) Supervisors or managers;

      (x) Ticket writers;

      (y) Employees of a person required by NRS 463.160 to be licensed to operate an information service; [and]

      (z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; and

      (aa) Temporary or contract employees hired by a licensee to perform a function related to gaming.

      2.  “Gaming employee” does not include barbacks [,] or bartenders [,] whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.

      3.  As used in this section, “local access” means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.

      Sec. 3. NRS 463.0161 is hereby amended to read as follows:

      463.0161  1.  “Gross revenue” means the total of all:

      (a) Cash received as winnings;

      (b) Cash received in payment for credit extended by a licensee to a patron for purposes of gaming; and

      (c) Compensation received for conducting any game , or any contest or tournament in conjunction with interactive gaming, in which the licensee is not party to a wager,

Ê less the total of all cash paid out as losses to patrons, those amounts paid to fund periodic payments and any other items made deductible as losses by NRS 463.3715. For the purposes of this section, cash or the value of noncash prizes awarded to patrons in a contest or tournament are not losses, except that losses in a contest or tournament conducted in conjunction with an inter-casino linked system or interactive gaming may be deducted to the extent of the compensation received for the right to participate in that contest or tournament.

      2.  The term does not include:

      (a) Counterfeit facsimiles of money, chips, tokens, wagering instruments or wagering credits;

 


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ê2013 Statutes of Nevada, Page 2107 (Chapter 389, SB 9)ê

 

      (b) Coins of other countries which are received in gaming devices;

      (c) Any portion of the face value of any chip, token or other representative of value won by a licensee from a patron for which the licensee can demonstrate that it or its affiliate has not received cash;

      (d) Cash taken in fraudulent acts perpetrated against a licensee for which the licensee is not reimbursed;

      (e) Cash received as entry fees for contests or tournaments in which patrons compete for prizes, except for a contest or tournament conducted in conjunction with an inter-casino linked system [;] or interactive gaming;

      (f) Uncollected baccarat commissions; or

      (g) Cash provided by the licensee to a patron and subsequently won by the licensee, for which the licensee can demonstrate that it or its affiliate has not been reimbursed.

      3.  As used in this section, “baccarat commission” means:

      (a) A fee assessed by a licensee on cash paid out as a loss to a patron at baccarat to modify the odds of the game; or

      (b) A rate or fee charged by a licensee for the right to participate in a baccarat game.

      Sec. 4. NRS 463.01963 is hereby amended to read as follows:

      463.01963  “Wagering credit” means a representative of value, other than a chip, token or wagering instrument, that is used for wagering at a game , [or] gaming device , race book or sports pool and is obtained by the payment of cash or a cash equivalent, the use of a wagering instrument or the electronic transfer of money.

      Sec. 5. NRS 463.159 is hereby amended to read as follows:

      463.159  1.  The Commission shall by regulation require audits of the financial statements of all nonrestricted licensees whose annual gross revenue is $5,000,000 or more.

      2.  The Commission may require audits, compiled statements or reviews of the financial statements of nonrestricted licensees whose annual gross revenue is less than $5,000,000.

      3.  The amounts of annual gross revenue provided for in subsections 1 and 2 must be increased or decreased annually in an amount corresponding to the percentage of increase or decrease in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding year. On or before December 15 of each year, the [Commission] Board shall determine the amount of the increase or decrease required by this subsection and establish the adjusted amounts of annual gross revenue in effect for the succeeding calendar year. The audits, compilations and reviews provided for in subsections 1 and 2 must be made by independent accountants holding permits to practice public accounting in the State of Nevada.

      4.  Except as otherwise provided in subsection 5, for every audit required pursuant to this section:

      (a) The independent accountants shall submit an audit report which must express an unqualified or qualified opinion or, if appropriate, disclaim an opinion on the statements taken as a whole in accordance with standards for the accounting profession established by rules and regulations of the Nevada State Board of Accountancy, but the preparation of statements without audit does not constitute compliance.

 

 


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ê2013 Statutes of Nevada, Page 2108 (Chapter 389, SB 9)ê

 

      (b) The examination and audit must disclose whether the accounts, records and control procedures maintained by the licensee are as required by the regulations published by the Commission pursuant to NRS 463.156 to 463.1592, inclusive.

      5.  If the license of a nonrestricted licensee is terminated within 3 months after the end of a period covered by an audit, the licensee may submit compiled statements in lieu of an additional audited statement for the licensee’s final period of business.

      Sec. 6. NRS 463.569 is hereby amended to read as follows:

      463.569  1.  Every general partner of, and every limited partner with more than a 5 percent ownership interest in, a limited partnership which holds a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the Commission, the public interest will be served by requiring any other limited partners or any or all of the limited partnership’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the limited partnership shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing. Publicly traded corporations which are limited partners of limited partnerships are not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive. A person who is required to be licensed by this section as a general or limited partner shall not receive that position until the person secures the required approval of the Commission. A person who is required to be licensed pursuant to a decision of the Commission shall apply for a license within 30 days after the Commission requests the person to do so.

      2.  All limited partners [holding] seeking to hold a 5 percent or less ownership interest in a limited partnership, other than a publicly traded limited partnership, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. [A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a limited partner holding a 5 percent or less ownership interest in a limited partnership.]

      3.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      Sec. 7. NRS 463.5735 is hereby amended to read as follows:

      463.5735  1.  Every member and transferee of a member’s interest with more than a 5 percent ownership interest in a limited-liability company, and every director and manager of a limited-liability company which holds or applies for a state gaming license, must be licensed individually according to the provisions of this chapter.

      2.  All members [holding] seeking to hold a 5 percent or less ownership interest in a limited-liability company, other than a publicly traded limited-liability company, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. [A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a member holding a 5 percent or less ownership interest in a limited-liability company.]

 


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ê2013 Statutes of Nevada, Page 2109 (Chapter 389, SB 9)ê

 

to be registered by this section shall apply for registration within 30 days after the person becomes a member holding a 5 percent or less ownership interest in a limited-liability company.]

      3.  If, in the judgment of the Commission, the public interest will be served by requiring any members with a 5 percent or less ownership interest in a limited-liability company, or any of the limited-liability company’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed:

      (a) The limited-liability company shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing; and

      (b) Those persons shall apply for a license within 30 days after being requested to do so by the Commission.

      4.  A publicly traded corporation which is a member of a limited-liability company is not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive.

      5.  No person may become a member or a transferee of a member’s interest in a limited-liability company which holds a license until the person secures the required approval of the Commission.

      6.  A director or manager of a limited-liability company shall apply for a license within 30 days after assuming office.

      7.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

      Sec. 8. NRS 463.670 is hereby amended to read as follows:

      463.670  1.  The Legislature finds and declares as facts:

      (a) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems is essential to carry out the provisions of this chapter.

      (b) That the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems is greatly facilitated by the opportunity to inspect components before assembly and to examine the methods of manufacture.

      (c) That the interest of this State in the inspection of games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems and interactive gaming systems must be balanced with the interest of this State in maintaining a competitive gaming industry in which games can be efficiently and expeditiously brought to the market.

      2.  The Commission may, with the advice and assistance of the Board, adopt and implement procedures that preserve and enhance the necessary balance between the regulatory and economic interests of this State which are critical to the vitality of the gaming industry of this State.

      3.  The Board may inspect every game or gaming device which is manufactured, sold or distributed:

      (a) For use in this State, before the game or gaming device is put into play.

      (b) In this State for use outside this State, before the game or gaming device is shipped out of this State.

 


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ê2013 Statutes of Nevada, Page 2110 (Chapter 389, SB 9)ê

 

      4.  The Board may inspect every game or gaming device which is offered for play within this State by a state gaming licensee.

      5.  The Board may inspect all associated equipment, every cashless wagering system, every inter-casino linked system, every mobile gaming system and every interactive gaming system which is manufactured, sold or distributed for use in this State before the equipment or system is installed or used by a state gaming licensee and at any time while the state gaming licensee is using the equipment or system.

      6.  In addition to all other fees and charges imposed by this chapter, the Board may determine, charge and collect an inspection fee from each manufacturer, seller, distributor or independent testing laboratory which must not exceed the actual cost of inspection and investigation.

      7.  The Commission shall adopt regulations which:

      (a) Provide for the registration of independent testing laboratories [,] and of each person that owns, operates or has significant involvement with an independent testing laboratory, specify the form of the application required for such registration , set forth the qualifications required for such registration and establish the fees required for the application, the investigation of the applicant and the registration of the applicant.

      (b) Authorize the Board to utilize independent testing laboratories for the inspection and certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof.

      (c) Establish uniform protocols and procedures which the Board and independent testing laboratories must follow during an inspection performed pursuant to subsection 3 or 5, and which independent testing laboratories must follow during the certification of any game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any components thereof, for use in this State or for shipment from this State.

      (d) Allow an application for the registration of an independent testing laboratory to be granted upon the independent testing laboratory’s completion of an inspection performed in compliance with the uniform protocols and procedures established pursuant to paragraph (c) and satisfaction of such other requirements that the Board may establish.

      (e) Provide the standards and procedures for the revocation of the registration of an independent testing laboratory.

      (f) Provide the standards and procedures relating to the filing of an application for a finding of suitability pursuant to this section and the remedies should a person be found unsuitable.

      (g) Provide any additional provisions which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.

      8.  The Commission shall retain jurisdiction over any person registered pursuant to this section and any regulation adopted thereto, in all matters relating to a game, gaming device, associated equipment, cashless wagering system, inter-casino linked system, mobile gaming system or interactive gaming system, or any component thereof or modification thereto, even if the person ceases to be registered.

 


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ê2013 Statutes of Nevada, Page 2111 (Chapter 389, SB 9)ê

 

      9.  A person registered pursuant to this section is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

      10.  The Commission may, upon recommendation of the Board, require the following persons to file an application for a finding of suitability:

      (a) A registered independent testing laboratory.

      (b) An employee of a registered independent testing laboratory.

      (c) An officer, director, partner, principal, manager, member, trustee or direct or beneficial owner of a registered independent testing laboratory or any person that owns or has significant involvement with the activities of a registered independent testing laboratory.

      11.  If a person fails to submit an application for a finding of suitability within 30 days after a demand by the Commission pursuant to this section, the Commission may make a finding of unsuitability. Upon written request, such period may be extended by the Chair of the Commission, at the Chair’s sole and absolute discretion.

      12.  As used in this section, unless the context otherwise requires, “independent testing laboratory” means a private laboratory that is registered by the [Commission] Board to inspect and certify games, gaming devices, associated equipment, cashless wagering systems, inter-casino linked systems, mobile gaming systems [and] or interactive gaming systems, and any components thereof [,] and modifications thereto, and to perform such other services as the Board and Commission may request.

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

________

CHAPTER 390, SB 83

Senate Bill No. 83–Committee on Natural Resources

 

CHAPTER 390

 

[Approved: June 3, 2013]

 

AN ACT relating to cruelty to animals; increasing the penalties for certain offenses related to the use of an animal or a bird for baiting or fighting; prohibiting a person from manufacturing, owning or possessing a gaff, spur or other sharp implement designed for attachment to a cock or other bird with the intent that it be used in fighting another cock or other bird under certain circumstances; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person who owns, occupies or is otherwise connected in certain ways to a house, apartment, pit or place kept or used for baiting or fighting any bird or animal is subject to criminal penalties. A first offense is punishable as a gross misdemeanor, a second offense is punishable as a category E felony and a third or subsequent offense is punishable as a category D felony. (NRS 574.060) Section 1 of this bill increases those penalties to make the first offense punishable as a category E felony and a second or subsequent offense punishable as a category D felony. Section 1 also revises the offense to impose criminal penalties against a person only if he or she knowingly owns, occupies or is connected with the house, apartment, pit or place kept or used for baiting or fighting any bird or animal.

 


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ê2013 Statutes of Nevada, Page 2112 (Chapter 390, SB 83)ê

 

      Existing law imposes criminal penalties against a person who: (1) takes certain actions in furtherance of a fight between animals under certain circumstances; (2) owns, possesses, keeps, trains, promotes or purchases an animal with the intent to use it to fight another animal; or (3) sells an animal knowing that it is intended to be used to fight another animal. A first offense is punishable as a gross misdemeanor, a second offense is punishable as a category E felony and a third or subsequent offense is punishable as a category D felony. (NRS 574.070) Section 2 of this bill increases those penalties to make the first offense punishable as a category E felony and a second or subsequent offense punishable as a category D felony.

      Existing law also imposes criminal penalties against a person who knowingly witnesses a fight between animals in an exhibition or for amusement or gain. A first offense is punishable as a misdemeanor, a second offense is punishable as a gross misdemeanor and a third or subsequent offense is punishable as a category E felony. (NRS 574.070) Section 2 of this bill increases those penalties to make the first offense punishable as a gross misdemeanor and a second or subsequent offense punishable as a category E felony. Section 2 also revises the offense to impose criminal penalties against a person who, instead of witnessing such a fight, attends such a fight. Section 2 also imposes the same criminal penalties against a person who manufactures, owns, possesses, sells, barters or exchanges, or advertises for sale, barter or exchange, certain sharp instruments designed to be attached to certain fighting birds.

 

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 574.060 is hereby amended to read as follows:

      574.060  1.  A person shall not knowingly keep or use, or in any manner be connected with, or be interested in the management of, or receive money for the admission of any person to, a house, apartment, pit or place kept or used for baiting or fighting any bird or animal, or be an owner or occupant of a house, apartment, pit or place who willfully procures or permits the same to be used or occupied for such baiting or fighting.

      2.  A person who violates any provision of subsection 1 is guilty of:

      (a) For a first offense, a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

      (b) For a second [offense, a category E felony and shall be punished as provided in NRS 193.130.

      (c) For a third] or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      3.  Upon complaint under oath or affirmation to any magistrate authorized to issue warrants in criminal cases that the complainant has just and reasonable cause to suspect that any provision of law relating to or in any way affecting animals is being or is about to be violated in any particular building or place, the magistrate shall immediately issue and deliver a warrant to any person authorized by law to make arrests for such offenses, authorizing the person to enter and search the building or place, to arrest any person there present found violating any such law and to bring the person before the nearest magistrate of competent jurisdiction to be dealt with according to law.

      Sec. 2. NRS 574.070 is hereby amended to read as follows:

      574.070  1.  Except as otherwise provided in this section, a person shall not begin, cause, instigate, promote, carry on or do any act as an assistant, umpire or principal, or in any way aid in or engage in the furtherance of any fight between animals in an exhibition or for amusement or gain which is premeditated by a person owning or having custody of the animals.

 


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ê2013 Statutes of Nevada, Page 2113 (Chapter 390, SB 83)ê

 

umpire or principal, or in any way aid in or engage in the furtherance of any fight between animals in an exhibition or for amusement or gain which is premeditated by a person owning or having custody of the animals.

      2.  A person shall not:

      (a) Own, possess, keep, train, promote or purchase an animal with the intent to use it to fight another animal; or

      (b) Sell an animal knowing that it is intended to be used to fight another animal.

      3.  A person shall not [knowingly] :

      (a) Knowingly [witness] attend any fight between animals in an exhibition or for amusement or gain [.] ; or

      (b) Manufacture, own, possess, purchase, sell, barter or exchange, or advertise for sale, barter or exchange, any gaff, spur or other sharp implement designed for attachment to a cock or other bird with the intent that the implement be used in fighting another cock or other bird.

      4.  Except as otherwise provided in subsection 7, a person who violates any provision of subsection 1 is guilty of:

      (a) For a first offense, a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

      (b) For a second [offense, a category E felony and shall be punished as provided in NRS 193.130.

      (c) For a third] or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      5.  A person who violates any provision of subsection 2 is guilty of:

      (a) For a first offense, a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

      (b) For a second [offense, a category E felony and shall be punished as provided in NRS 193.130.

      (c) For a third] or subsequent offense, a category D felony and shall be punished as provided in NRS 193.130.

      6.  A person who violates any provision of subsection 3 is guilty of:

      (a) For a first offense, a gross misdemeanor.

      (b) For a second [offense, a gross misdemeanor.

      (c) For a third] or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      7.  If a violation of subsection 1 involves a dog, a person who commits such a violation is guilty of:

      (a) For a first offense, a category D felony and shall be punished as provided in NRS 193.130.

      (b) For a second offense, a category C felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.

      8.  If a person who violates this section is not a natural person, the person shall be punished by a fine of not more than $10,000.

      9.  This section does not prohibit the use of dogs or birds for:

      (a) The management of livestock by the owner thereof, the owner’s employees or agents or any other person in the lawful custody of the livestock; or

      (b) Hunting as permitted by law.

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ê2013 Statutes of Nevada, Page 2114ê

 

CHAPTER 391, SB 92

Senate Bill No. 92–Committee on Health and Human Services

 

CHAPTER 391

 

[Approved: June 3, 2013]

 

AN ACT relating to public health; requiring that infants born in certain institutions be examined for critical congenital heart disease; providing an exception for written parental objection; requiring certain hospitals to submit certain information to the Health Division of the Department of Health and Human Services; authorizing the Division to provide this information to an entity to conduct a study of the effectiveness of pulse oximetry screening; requiring the Division to submit a report under certain circumstances to the Director of the Legislative Counsel Bureau for submittal to the Legislative Committee on Health Care and the Legislative Commission; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a physician, midwife, nurse, obstetric center or hospital attending or assisting any infant, or the mother of any infant, at childbirth is required to examine and test the infant for certain preventable and inheritable disorders. If the tests reveal such a disorder, the physician, midwife, nurse, obstetric center or hospital is required to: (1) report the condition to the State Health Officer, the local health officer of the county or city within which the infant or the mother of the infant resides, and the local health officer of the county or city in which the child is born; and (2) discuss the condition and treatment of the condition with the parents or other persons responsible for the care of the infant. (NRS 442.008) Section 1 of this bill requires any physician, midwife or nurse attending or assisting any infant at childbirth at an obstetric center or a hospital which regularly offers obstetric services in the normal course of business to examine the infant for critical congenital heart disease, including conducting pulse oximetry screening, and to report any results indicating the infant may suffer from critical congenital heart disease to the attending physician of the infant. Section 1 also requires the attending physician of an infant whose test results have indicated that the infant may suffer from critical congenital heart disease to conduct an examination to determine if the infant does suffer from critical congenital heart disease. If the attending physician determines that the infant suffers from critical congenital heart disease, the attending physician is required to report the condition to the State Health Officer and discuss such results with the parent of or other person responsible for the infant. Section 1 provides an exception to the requirement for examination in the event of written parental objection. Section 3 of this bill makes the provisions of section 1 become effective on July 1, 2015.

      Section 2 of this bill requires, during the period between July 1, 2013, and March 1, 2014, a hospital that conducts pulse oximetry screening to submit the positive results of such screening and certain information concerning these results to the Health Division of the Department of Health and Human Services. Section 2 also authorizes the Division to provide the information to an entity to study this information. If a study is conducted, the study must: (1) evaluate the effectiveness of the pulse oximetry screening; and (2) formulate recommendations concerning the implementation of the requirements prescribed by section 1. Section 2 further requires the Division, if a study is conducted, to submit a report containing the results of the study to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and the Legislative Commission. Finally, Section 2 requires the Legislative Committee on Health Care, if a study is conducted, to use the report to formulate recommendations concerning the implementation of these requirements.

 


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ê2013 Statutes of Nevada, Page 2115 (Chapter 391, SB 92)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 442 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, any physician, midwife or nurse attending or assisting in any way any infant at childbirth at an obstetric center or a hospital which regularly offers obstetric services in the normal course of business and not only on an emergency basis shall make or cause to be made an examination of the infant, to determine whether the infant may suffer from critical congenital heart disease, including, without limitation, conducting pulse oximetry screening. If the physician, midwife or nurse who conducts the examination is not the attending physician of the infant, the physician, midwife or nurse shall submit the results of the examination to the attending physician of the infant.

      2.  If the examination reveals that an infant may suffer from critical congenital heart disease, the attending physician of the infant shall conduct an examination to confirm whether the infant does suffer from critical congenital heart disease. If the attending physician determines that the infant suffers from critical congenital heart disease, the attending physician must:

      (a) Report the condition to the State Health Officer or a representative of the State Health Officer; and

      (b) Discuss the condition with the parent, parents or other persons responsible for the care of the infant and inform them of the treatment necessary for the amelioration of the condition.

      3.  An examination of an infant is not required pursuant to this section if either parent files a written objection with the person responsible for conducting the examination or with the obstetric center or hospital at which the infant is born.

      4.  The State Board of Health may adopt such regulations as necessary to carry out the provisions of this section.

      Sec. 2.  1.  During the period beginning on July 1, 2013, and ending on March 1, 2014, if a hospital conducts pulse oximetry screening to determine whether an infant suffers from critical congenital heart disease and the results of such screening are positive, the hospital shall submit to the Health Division of the Department of Health and Human Services:

      (a) The positive results;

      (b) Information concerning whether critical congenital heart disease was detected in the infant before the pulse oximetry screening; and

      (c) Information concerning measures taken by the hospital because of the positive result, including, without limitation, measures taken to verify the positive result and to provide follow-up care and treatment to the infant.

      2.  The Division may make the information submitted pursuant to subsection 1 available to an entity to study. If a study is conducted pursuant to this subsection, the entity must, without limitation:

      (a) Evaluate, based on the information, the effectiveness of the pulse oximetry screening; and

 


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ê2013 Statutes of Nevada, Page 2116 (Chapter 391, SB 92)ê

 

      (b) Formulate recommendations concerning the implementation of section 1 of this act.

      3.  Except as otherwise provided in subsection 2, the Division shall keep confidential all personal identifying information contained in the information submitted pursuant to subsection 1. Any entity to which information is made available pursuant to subsection 2 shall keep confidential all personal identifying information contained within the information made available to the entity pursuant to subsection 2.

      4.  If a study is conducted pursuant to subsection 2, on or before April 1, 2014, the Division shall submit a report of the results of the study to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care and the Legislative Commission. The report must include, without limitation, recommendations concerning the implementation of section 1 of this act.

      5.  If a study is conducted pursuant to subsection 2, the Legislative Committee on Health Care shall study the report submitted pursuant to subsection 4 and provide to the Legislature, as a result of its consideration of the report, any recommendations for legislation concerning the implementation of section 1 of this act.

      6.  As used in this section, “personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person.

      Sec. 3.  1.  This section and section 2 of this act become effective on July 1, 2013.

      2.  Section 1 of this act becomes effective on July 1, 2015.

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ê2013 Statutes of Nevada, Page 2117ê

 

CHAPTER 392, SB 142

Senate Bill No. 142–Senators Jones, Atkinson, Segerblom, Hammond, Spearman; Denis, Ford, Hardy, Hutchison, Kieckhefer, Kihuen, Manendo, Parks, Settelmeyer and Woodhouse

 

Joint Sponsors: Assemblymen Elliot Anderson, Bobzien, Aizley; Daly, Ellison, Fiore, Hardy, Kirkpatrick and Ohrenschall

 

CHAPTER 392

 

[Approved: June 3, 2013]

 

AN ACT relating to local governments; revising provisions governing contracting by school districts; revising provisions governing performance contracts for operating cost-savings measures; requiring the Office of Energy to provide local governments with information and educational resources relating to such performance contracts; authorizing the Office of Energy to provide local governments with support relating to operating cost-savings measures under certain circumstances; authorizing the Office of Energy to charge and collect fees relating to such support; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes local governments, including school districts, to enter into performance contracts for the purchase and installation of operating cost-savings measures to reduce costs related to energy, water and the disposal of waste, and related labor costs. (NRS 332.300-332.440) Section 2 of this bill requires the board of trustees of a school district to adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract and sets forth certain requirements pertaining to the policy. Section 2 also requires the board of trustees to cause to be produced an annual report relating to certain operating cost-savings measures.

      Section 3 of this bill requires the Office of Energy to: (1) provide local governments with information and educational resources relating to operating cost-savings measures and performance contracts; and (2) include on the Internet website maintained by the Office, if any, information and educational resources relating to operating cost-savings measures and performance contracts. Additionally, section 3 authorizes the Office of Energy to provide a local government, upon request, with support relating to operating cost-savings measures and to charge and collect a fee from the local government for the provision of such support. Section 3 creates an account administered by the Director of the Office of Energy into which such fees must be deposited. Section 3 also provides that a local government may include in a performance contract the costs of any such fees charged by the Office of Energy.

      Section 4.5 of this bill authorizes a local government, in lieu of retaining the professional services of a third-party consultant, to enter into a contract with the Office of Energy to assist the local government in evaluating certain proposals and presentations by qualified service companies relating to performance contracts.

 


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ê2013 Statutes of Nevada, Page 2118 (Chapter 392, SB 142)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 332 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The board of trustees of a school district shall adopt a policy setting forth the process for evaluating whether work to be performed on a building will be performed pursuant to a performance contract. The policy must include, without limitation:

      (a) The criteria for determining the work which will be evaluated pursuant to the policy;

      (b) The requirement that the board of trustees or its designee evaluate whether the work to be performed:

             (1) Consists primarily of one or more operating cost-savings measures;

             (2) Qualifies to be performed pursuant to a performance contract with a return on investment that the board of trustees determines would make entering into a performance contract in the best interest of the school district; and

             (3) Would be more reasonably included under an existing performance contract rather than a new performance contract; and

      (c) The requirement that the board of trustees or its designee, if it determines not to enter into a performance contract, document the reasons for that determination.

      2.  The board of trustees of a school district shall cause to be prepared an annual report which sets forth the operating cost-savings measures, if any, that:

      (a) Were identified in a financial-grade operational audit submitted to the board of trustees pursuant to subsection 5 of NRS 332.360 during the immediately preceding year; and

      (b) Were not included in a performance contract during the immediately preceding year.

      3.  As used in this section, “operating cost-savings measure” means an investment in equipment, products and materials, and strategies for building operation, or any combination thereof, designed to reduce energy and other utility expenses, including, without limitation:

      (a) Costs for materials and labor required to replace old equipment with new, more efficient equipment.

      (b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed or coated windows or doors, reductions in glass area, and other modifications to windows and doors that will reduce energy consumption.

      (c) Automated or computerized energy control systems.

      (d) Replacement of, or modifications to, heating, ventilation or air-conditioning systems.

      (e) Replacement of, or modifications to, lighting fixtures.

      (f) Improvements to the indoor air quality of a building that conform to all requirements of an applicable building code.

      (g) Energy recovery systems.

 


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ê2013 Statutes of Nevada, Page 2119 (Chapter 392, SB 142)ê

 

      (h) Systems for combined cooling, heating and power that produce steam or other forms of energy, for use primarily within the building or a complex of buildings.

      (i) Installation of, or modifications to, existing systems for daylighting, including lighting control systems.

      (j) Installation of, or modification to, technologies that use renewable or alternative energy sources.

      (k) Programs relating to building operation that reduce operating costs, including, without limitation, computerized programs, training and other similar activities.

      (l) Programs for improvement of steam traps to reduce operating costs.

      (m) Devices that reduce water consumption in buildings, for lawns and for other irrigation applications.

      (n) Trash compaction and waste minimization.

      (o) Ground source systems for heating and cooling.

      Sec. 3. 1.  The Office of Energy shall:

      (a) Provide to local governments information and educational resources relating to operating cost-savings measures and performance contracts.

      (b) Include on the Internet website maintained by the Office, if any, information and educational resources relating to operating cost-savings measures and performance contracts.

      2.  The Office of Energy may, upon receiving a request from a local government for support relating to operating cost-savings measures:

      (a) Provide to the local government support relating to operating cost-savings measures; and

      (b) Charge and collect a fee from the local government for the provision of any support described in paragraph (a).

      3.  All fees charged and collected by the Office of Energy pursuant to subsection 2 must be accounted for separately in the State General Fund. The Director of the Office of Energy shall administer the account. Money in the account must be used only to pay the costs incurred by the Office of Energy to provide support to local governments pursuant to subsection 2 and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      4.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the account. The interest and income earned on money in the account, after deducting any applicable charges, must be credited to the account. Money that remains in the account at the end of the fiscal year does not revert to the State General Fund, and the balance in the account must be carried forward to the next fiscal year.

      5.  A local government may include in a performance contract the amount of any fee charged by the Office of Energy pursuant to subsection 2.

      6.  The Director of the Office of Energy may adopt regulations to carry out the provisions of this section, including, without limitation, regulations which establish the amount of the fees to be charged and collected by the Office of Energy pursuant to subsection 2.

      Sec. 4. NRS 332.300 is hereby amended to read as follows:

      332.300  As used in NRS 332.300 to 332.440, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 332.310 to 332.350, inclusive, have the meanings ascribed to them in those sections.

 


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ê2013 Statutes of Nevada, Page 2120 (Chapter 392, SB 142)ê

 

      Sec. 4.5. NRS 332.360 is hereby amended to read as follows:

      332.360  1.  Notwithstanding any provision of this chapter and chapter 338 of NRS to the contrary, a local government may enter into a performance contract with a qualified service company for the purchase and installation of an operating cost-savings measure to reduce costs related to energy, water and the disposal of waste, and related labor costs. Such a performance contract may be in the form of an installment payment contract or a lease-purchase contract. Any operating cost-savings measures put into place as a result of a performance contract must comply with all applicable building codes.

      2.  If a local government is interested in entering into a performance contract, the local government shall notify each appropriate qualified service company and coordinate an opportunity for each such qualified service company to:

      (a) Perform a preliminary and comprehensive audit and assessment of all potential operating cost-savings measures that might be implemented within the buildings of the local government, including any operating cost-savings measures specifically requested by the local government; and

      (b) Submit a proposal and make a related presentation to the local government for all such operating cost-savings measures that the qualified service company determines would be practicable to implement.

      3.  The local government shall:

      (a) Evaluate the proposals and presentations made pursuant to subsection 2; and

      (b) Select a qualified service company,

Ê pursuant to the provisions of NRS 332.300 to 332.440, inclusive.

      4.  The local government may enter into a contract with the Office of Energy or retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in evaluating the proposals and presentations pursuant to subsection 3. [Such] If the local government retains the professional services of a third-party consultant, the third-party consultant must possess a business license issued pursuant to chapter 76 of NRS and any other applicable licenses issued by a licensing board in this State in the same discipline in which the consultant will be advising the local government.

      5.  The qualified service company selected by the local government pursuant to subsection 3 shall prepare a financial-grade operational audit. Except as otherwise provided in this subsection, the audit prepared by the qualified service company becomes, upon acceptance, a part of the final performance contract and the costs incurred by the qualified service company in preparing the audit shall be deemed to be part of the performance contract. If, after the audit is prepared, the local government decides not to execute the performance contract, the local government shall pay the qualified service company that prepared the audit the costs incurred by the qualified service company in preparing the audit if the local government has specifically appropriated money for that purpose.

      6.  The local government shall enter into a contract with the Office of Energy or retain the professional services of a third-party consultant with the requisite technical expertise to assist the local government in reviewing the operating cost-savings measures proposed by the qualified service company and may procure sufficient funding from the qualified service company, through negotiation, to pay for the costs incurred by the Office of Energy or the third-party consultant.

 


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ê2013 Statutes of Nevada, Page 2121 (Chapter 392, SB 142)ê

 

the third-party consultant. [Such] If the local government retains the professional services of a third-party consultant, the third-party consultant must be licensed pursuant to chapter 625 of NRS and certified by the Association of Energy Engineers as a “Certified Energy Manager” or hold similar credentials from a comparable nationally recognized organization. [A] The Office of Energy or a third-party consultant retained pursuant to this subsection shall work on behalf and for the benefit of the local government in coordination with the qualified service company.

      Sec. 5.  This act becomes effective on July 1, 2013.

________

CHAPTER 393, SB 164

Senate Bill No. 164–Senators Parks, Spearman, Woodhouse, Kihuen, Segerblom; Atkinson, Denis, Ford, Jones, Manendo, Roberson, Settelmeyer and Smith

 

Joint Sponsors: Assemblymen Healey, Elliot Anderson, Bobzien, Spiegel, Aizley; Bustamante Adams and Horne

 

CHAPTER 393

 

[Approved: June 3, 2013]

 

AN ACT relating to education; revising provisions relating to the reporting of incidents of bullying, cyber-bullying, harassment and intimidation by the State Board of Education and the board of trustees of each school district in their respective annual reports of accountability; requiring each public school to disseminate information annually on bullying; revising the definition of “bullying”; revising provisions governing training in the prevention, identification and reporting of bullying and similar conduct; requiring training for administrators in preventing and responding to violence and suicide associated with bullying; requiring notice to the parent or guardian of any pupil allegedly involved in a reported incident of bullying or similar conduct; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for a safe and respectful learning environment in public schools and prohibits bullying, cyber-bullying, harassment or intimidation. (NRS 388.121-388.139) Existing law also requires the board of trustees of each school district to review and compile reports for submission to the Department of Education relating to the number of reported violations of provisions relating to bullying, cyber-bullying, harassment and intimidation occurring at the public schools within the school district and any actions taken by the public schools to reduce the number of those violations. (NRS 388.1353) In addition, existing law requires the Superintendent of Public Instruction to compile each report submitted by each school district and submit the written compilation to the Attorney General. (NRS 388.1355) Section 11.5 of this bill eliminates these reporting requirements, and sections 1 and 2 of this bill require the contents of those reports to be included within the annual reports of accountability prepared by the State Board of Education and the board of trustees of each school district. (NRS 385.3469, 385.347)

      Section 3 of this bill requires each public school to disseminate information on bullying and the facilitation of positive relations among pupils during the annual “Week of Respect” proclaimed by the Governor.

 


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ê2013 Statutes of Nevada, Page 2122 (Chapter 393, SB 164)ê

 

      Section 4.5 of this bill revises the definition of bullying to include: (1) only repeated acts or conduct; and (2) acts or conduct that exploit an imbalance in power.

      Sections 5-7 of this bill revise various provisions governing the training of all administrators, principals, teachers and other school employees on the subject of bullying, cyber-bullying, harassment and intimidation. Existing law requires the Department of Education to prescribe a policy for such training. (NRS 388.133) Section 5 requires the policy to encompass members of the boards of trustees of school districts and provide for training in methods to prevent, identify and report incidents of bullying and similar conduct. Existing law also requires the board of trustees of each school district to adopt the training policy prescribed by the Department and provide the appropriate training to employees of the district. (NRS 388.134) Section 6 requires the members of the board of trustees to receive this training and requires that newly elected trustees and new employees of the school district receive the training within 180 days after the beginning of their term of office or their employment, as applicable. Existing law requires the Department to recommend certain programs of training in this area for members of the boards of trustees of school districts and school employees. (NRS 388.1342) Section 7 requires the Department to establish these programs and a program to train administrators in the prevention of and response to violence and suicide associated with bullying and similar conduct. Section 7 also requires each administrator to complete this training: (1) within 90 days after becoming an administrator; (2) at least once during any school year in which the training is revised or updated; and (3) at least once every 3 years otherwise.

      Section 8 of this bill provides that a principal, or his or her designee, who receives a report of bullying, cyber-bullying, harassment or intimidation must give notice of the report to the parent or legal guardian of each pupil involved in the incident that is the subject of the report.

      Existing law provides immunity from liability for a pupil, school employee or volunteer who reports an incident of bullying, cyber-bullying, harassment or intimidation unless he or she acts with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law. (NRS 388.137) Where such a malicious, intentional or grossly negligent report is made, section 11 of this bill authorizes disciplinary action against the pupil or other person making the report.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 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

 


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ê2013 Statutes of Nevada, Page 2123 (Chapter 393, SB 164)ê

 

             (5) Pupils who are migratory children, as defined by the State Board.

      (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.

      (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).

      (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.

      (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.

      (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 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.

 


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ê2013 Statutes of Nevada, Page 2124 (Chapter 393, SB 164)ê

 

             (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

                   (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

 


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ê2013 Statutes of Nevada, Page 2125 (Chapter 393, SB 164)ê

 

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.

      (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.

 


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ê2013 Statutes of Nevada, Page 2126 (Chapter 393, SB 164)ê

 

      (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:

             (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

 


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ê2013 Statutes of Nevada, Page 2127 (Chapter 393, SB 164)ê

 

             (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.

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

            (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying, cyber-bullying, harassment or intimidation after an investigation is conducted pursuant to NRS 388.1351;

             (3) 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.] ; and

             (4) Any actions taken to reduce the number of incidents of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      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 shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

 


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prescribe a mechanism 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;

      (b) Be prepared in a concise manner; and

      (c) 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 [.] ; and

            (7) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (ii) of subsection 1.

      5.  Upon the request of the Governor, the Attorney General, 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. 2. 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.

 


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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:

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

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

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

                   (V) Pupils who are migratory children, as defined by the State Board.

             (4) A comparison of the achievement of pupils in each group identified in paragraph (b) of subsection 1 of NRS 385.361 with the annual measurable objectives of the State Board.

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

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

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

             (8) Information that compares the results of pupils in the school district, including, without limitation, pupils enrolled in charter schools 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 shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

 


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prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      (c) The ratio of pupils to teachers in kindergarten and at each grade level for each elementary school in the district and the district as a whole, including, without limitation, each charter school 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.

      (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:

 


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             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

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

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

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

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

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

                   (I) 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.

 


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             (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.

      (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.

 


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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:

             (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.

 


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      (bb) Information on whether 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.

      (cc) 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) 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) 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) 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) For each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district:

 


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             (1) The number of reported violations of NRS 388.135 occurring at a school or otherwise involving a pupil enrolled at a school, regardless of the outcome of the investigation conducted pursuant to NRS 388.1351;

             (2) The number of incidents determined to be bullying, cyber-bullying, harassment or intimidation after an investigation is conducted pursuant to NRS 388.1351;

             (3) 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.] ; and

             (4) Any actions taken to reduce the number of incidents of bullying, cyber-bullying, harassment and intimidation, including, without limitation, training that was offered or other policies, practices and programs that were implemented.

      (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 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:

 


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      (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.

      (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 [.] ; and

             (6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (gg) of subsection 2.

 


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      (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. 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, the Attorney General, 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. 3. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of trustees of each school district and the governing body of each charter school shall determine the most effective manner for the delivery of information to the pupils of each public school during the “Week of Respect” proclaimed by the Governor each year pursuant to NRS 236.073. The information delivered during the “Week of Respect” must focus on:

      1.  Methods to prevent, identify and report incidents of bullying, cyber-bullying, harassment and intimidation;

      2.  Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

      3.  Methods to facilitate positive human relations among pupils by eliminating the use of bullying, cyber-bullying, harassment and intimidation.

      Sec. 4. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.139, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.122 to 388.129, inclusive, have the meanings ascribed to them in those sections.

 


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      Sec. 4.5. NRS 388.122 is hereby amended to read as follows:

      388.122  “Bullying” means a willful act which is written, verbal or physical, or a course of conduct on the part of one or more persons which is not authorized by law and which exposes a person [one time or] repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person and:

      1.  Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

      2.  Exploits an imbalance in power between the person engaging in the act or conduct and the person who is the subject of the act or conduct;

      3.  Places the person in reasonable fear of harm or serious emotional distress; or

      [3.]4.  Creates an environment which is hostile to a pupil by interfering with the education of the pupil.

      Sec. 5. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying, harassment and intimidation.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135; and

      (b) A policy for use by school districts to train members of the board of trustees and all administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils [without] by eliminating the use of bullying, cyber-bullying, harassment and intimidation so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of bullying, cyber-bullying, harassment and intimidation in public schools;

             (3) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             [(3)](4) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

      Sec. 6. NRS 388.134 is hereby amended to read as follows:

      388.134  The board of trustees of each school district shall:

      1.  Adopt the policy prescribed pursuant to NRS 388.133 and the policy prescribed pursuant to subsection 2 of NRS 389.520. The board of trustees may adopt an expanded policy for one or both of the policies if each expanded policy complies with the policy prescribed pursuant to NRS 388.133 or pursuant to subsection 2 of NRS 389.520, as applicable.

      2.  Provide for the appropriate training of members of the board of trustees and all administrators, principals, teachers and all other personnel employed by the board of trustees in accordance with the policies prescribed pursuant to NRS 388.133 and pursuant to subsection 2 of NRS 389.520. For members of the board of trustees who have not previously been elected or appointed to the board of trustees or for employees of the school district who have not previously been employed by the district, the training required by this subsection must be provided within 180 days after the member begins his or her term of office or after the employee begins his or her employment, as applicable.

 


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appointed to the board of trustees or for employees of the school district who have not previously been employed by the district, the training required by this subsection must be provided within 180 days after the member begins his or her term of office or after the employee begins his or her employment, as applicable.

      3.  Post the policies adopted pursuant to subsection 1 on the Internet website maintained by the school district.

      4.  Ensure that the parents and legal guardians of pupils enrolled in the school district have sufficient information concerning the availability of the policies, including, without limitation, information that describes how to access the policies on the Internet website maintained by the school district. Upon the request of a parent or legal guardian, the school district shall provide the parent or legal guardian with a written copy of the policies.

      5.  Review the policies adopted pursuant to subsection 1 on an annual basis and update the policies if necessary. If the board of trustees of a school district updates the policies, the board of trustees must submit a copy of the updated policies to the Department within 30 days after the update.

      Sec. 7. NRS 388.1342 is hereby amended to read as follows:

      388.1342  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying, cyber-bullying, harassment and intimidation in public schools, shall:

      (a) Establish a program of training on methods to prevent, identify and report incidents of bullying, cyber-bullying, harassment and intimidation in public schools for members of the State Board.

      (b) [Recommend] Establish a program of training on methods to prevent, identify and report incidents of bullying, cyber-bullying, harassment and intimidation in public schools for members of the boards of trustees of school districts.

      (c) [Recommend] Establish a program of training for school district and charter school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.139, inclusive [.] , and section 3 of this act.

      (d) Establish a program of training for administrators in the prevention of violence and suicide associated with bullying, cyber-bullying, harassment and intimidation in public schools and appropriate methods to respond to incidents of violence or suicide.

      2.  Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

      3.  [Each] Except as otherwise provided in NRS 388.134, each member of a board of trustees of a school district [may] shall, within 1 year after the member is elected or appointed to the board of trustees, complete the program of training on bullying, cyber-bullying, harassment and intimidation in public schools [recommended] established pursuant to paragraph (b) of subsection 1 and [may] undergo the training at least one additional time while the person is a member of the board of trustees.

      4.  Each administrator of a public school shall complete the program of training established pursuant to paragraph (d) of subsection 1:

 


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      (a) Within 90 days after becoming an administrator;

      (b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and

      (c) At least once during any school year within which the program of training is revised or updated.

      5.  Each program of training established [and recommended] pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

      [5.]6.  The board of trustees of a school district may allow school district personnel to attend the program [recommended] established pursuant to paragraph (c) or (d) of subsection 1 during regular school hours.

      [6.]7.  The Department shall review each program of training established [and recommended] pursuant to subsection 1 on an annual basis to ensure that the program contains current information . [concerning the prevention of bullying, cyber-bullying, harassment and intimidation.]

      Sec. 8. NRS 388.1351 is hereby amended to read as follows:

      388.1351  1.  A teacher or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall verbally report the violation to the principal or his or her designee on the day on which the teacher or other staff member witnessed the violation or received information regarding the occurrence of a violation.

      2.  The principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The principal or the designee shall provide written notice of a reported violation of NRS 388.135 to the parent or legal guardian of each pupil involved in the reported violation. The notice must include, without limitation, a statement that the principal or the designee will be conducting an investigation into the reported violation and that the parent or legal guardian may discuss with the principal or the designee any counseling and intervention services that are available to the pupil. The investigation must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      3.  The parent or legal guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      Secs. 9 and 10.  (Deleted by amendment.)

      Sec. 11. NRS 388.137 is hereby amended to read as follows:

      388.137  1.  No cause of action may be brought against a pupil or an employee or volunteer of a school who reports a violation of NRS 388.135 unless the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law.

      2.  If a principal determines that a report of a violation of NRS 388.135 is false and that the person who made the report acted with malice, intentional misconduct, gross negligence, or intentional or knowing violation of the law, the principal may recommend the imposition of disciplinary action or other measures against the person in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

 


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violation of the law, the principal may recommend the imposition of disciplinary action or other measures against the person in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      Sec. 11.5. NRS 388.1353 and 388.1355 are hereby repealed.

      Sec. 12.  This act becomes effective on July 1, 2013.

________

CHAPTER 394, SB 262

Senate Bill No. 262–Senators Cegavske and Manendo

 

CHAPTER 394

 

[Approved: June 3, 2013]

 

AN ACT relating to motor vehicles; requiring that certain devices be installed in vehicles that are designed to display certain advertisements while moving over the highways of this State; providing certain requirements concerning the equipment used to display such advertisements; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill prohibits a person from operating a motor vehicle to which is attached a dynamic display device, commonly known as a mobile billboard, on which the images or other content change periodically, upon the highways of this State, unless the motor vehicle is equipped with a display management system that is programmed to allow the image or content that is displayed to be changed only when the motor vehicle is: (1) not moving; or (2) in a location where the image or content may be changed without causing undue distraction to the operators of other vehicles. This bill also provides that such a dynamic display device may not project or otherwise show moving images, moving information or other moving content. A violation of this prohibition is punishable as a misdemeanor. (NRS 484A.900) This bill does not require a display management system if a dynamic display device is operated for purposes other than advertisement.

 

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 484D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a person shall not operate upon the highways of this State any motor vehicle that is equipped with a dynamic display unless:

      (a) The motor vehicle is equipped with a display management system which is configured to prevent the image or content displayed on the dynamic display from changing when the motor vehicle is:

             (1) Moving;

             (2) In a turnout; or

 


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             (3) In any other location where changing the image or content displayed on the dynamic display may cause undue distraction to the operators of other vehicles; and

      (b) The dynamic display does not project or otherwise show moving images, moving information or other moving content.

      2.  This section does not prohibit the use of a dynamic display that is operated without a display management system if the dynamic display is being used exclusively for purposes other than advertisement, including, without limitation:

      (a) For purposes that are personal and noncommercial in nature;

      (b) For purposes of traffic control;

      (c) For purposes of law enforcement or emergency response;

      (d) As a warning device for a utility or utility vehicle, as described in NRS 484D.465; or

      (e) To display the name, route number or destination of a bus or other vehicle of mass transit.

      3.  As used in this section:

      (a) “Display management system” means equipment or software that is designed to operate a dynamic display, including, without limitation, periodically changing the image, information or content being shown on the dynamic display.

      (b) “Dynamic display” means equipment which is attached to a motor vehicle and which consists of at least one monitor, screen or viewer that, without limitation:

             (1) Is designed to display various images, information or other content, including, without limitation, advertisements, which change periodically;

             (2) Is intended to be visible to the drivers of other vehicles on the highway and to persons who are near the highway; and

             (3) May be visible to the operator of the motor vehicle.

________

CHAPTER 395, SB 362

Senate Bill No. 362–Senators Spearman and Segerblom

 

CHAPTER 395

 

[Approved: June 3, 2013]

 

AN ACT relating to health care facilities; requiring certain health care facilities to establish policies pursuant to which a licensed nurse or certified nursing assistant may refuse or object to a work assignment; requiring the staffing committees of certain hospitals to develop such policies for the hospitals; requiring certain hospitals to include certified nursing assistants in the membership of the staffing committees of the hospitals; requiring certain health care facilities to include certain staffing requirements and protocols within the documented staffing plans of the health care facilities; requiring certain health care facilities to ensure that the health care facility is staffed in accordance with its documented staffing plan; providing administrative penalties; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law requires: (1) hospitals which are located in a county whose population is 100,000 or more (currently Clark and Washoe Counties) and which are licensed to have more than 70 beds to establish a staffing committee; and (2) health care facilities which are located in a county whose population is 100,000 or more and which are licensed to have more than 70 beds to make available to the Health Division of the Department of Health and Human Services a documented staffing plan. (NRS 449.242, 449.2421) Section 30.6 of this bill requires those hospitals to include certified nursing assistants in the membership of the staffing committees. Section 30.6 also requires those staffing committees to develop the written policies for refusals of and objections to a work assignment as set forth in section 15 of this bill. Section 30.9 of this bill requires those health care facilities to include in their documented staffing plans: (1) the number of certified nursing assistants in each unit of the health care facility; and (2) protocols for adequately staffing the health care facility in certain circumstances, including, without limitation, in the event of an emergency. Section 30.9 also requires that each such health care facility: (1) provide to the Health Division the written policy for refusals of and objections to a work assignment; and (2) ensure that the facility is staffed in accordance with its documented staffing plan.

      Section 15 requires each health care facility described above to establish written policies pursuant to which a licensed nurse or certified nursing assistant may refuse or object to a work assignment. Section 17 of this bill requires the Health Division of the Department of Health and Human Services to ensure general compliance with the provisions of the law which govern the written policies and staffing requirements as well as to adopt regulations to carry out those provisions. Sections 25-29 of this bill amend existing law to indicate that: (1) the Health Division may take certain actions to enforce the amendatory provisions of this bill; and (2) the amendatory provisions of this bill will be codified with and treated similarly to existing laws which govern the licensing and regulation of health care facilities. Section 29.5 of this bill amends existing law to prohibit a medical facility from retaliating or discriminating against a licensed nurse or certified nursing assistant who requests to be relieved of a work assignment, refuses a work assignment or objects to a work assignment pursuant to a policy adopted pursuant to section 15.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. “Certified nursing assistant” means a person who has been certified by the State Board of Nursing pursuant to NRS 632.2852 to practice as a nursing assistant in this State.

      Secs. 4-14. (Deleted by amendment.)

      Sec. 15. 1.  As a condition of licensure, a health care facility which is located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds must adopt and disseminate to each licensed nurse and certified nursing assistant employed by the health care facility a written policy that sets forth the circumstances under which a licensed nurse or certified nursing assistant may refuse or object to a work assignment.

      2.  The written policy concerning work assignments must, at a minimum, allow a licensed nurse or certified nursing assistant to:

 


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      (a) Refuse a work assignment for any reason for refusal set forth in paragraph (b) of subsection 1 of NRS 449.205; and

      (b) File an objection to a work assignment if the work assignment violates any provision of NRS 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act.

      3.  For the purposes of refusing a work assignment pursuant to paragraph (a) of subsection 2, the written policy concerning work assignments must contain:

      (a) Reasonable requirements for prior notice to the supervisor of the licensed nurse or certified nursing assistant of the request by the licensed nurse or certified nursing assistant to be relieved of the work assignment, including, without limitation, the reasons supporting the request;

      (b) Reasonable requirements which provide, if feasible, an opportunity for the supervisor to review a request by the licensed nurse or certified nursing assistant to be relieved of the work assignment, including any specific conditions supporting the request, and based upon that review:

             (1) Relieve the licensed nurse or certified nursing assistant of the work assignment as requested; or

             (2) Deny the request; and

      (c) A process pursuant to which a licensed nurse or certified nursing assistant may exercise his or her right to refuse a work assignment if the supervisor does not approve the request to be relieved of the work assignment if:

             (1) The supervisor failed to approve the request without proposing a remedy or, if a remedy is proposed, the proposed remedy would be inadequate or untimely;

             (2) The process for filing a complaint with the Health Division or any other appropriate regulatory entity, including any investigation that would be required, would be untimely to address the concerns of the licensed nurse or certified nursing assistant in refusing a work assignment; and

             (3) The licensed nurse or certified nursing assistant in good faith believes that the work assignment meets the conditions established in the written policy justifying refusal.

      4.  For the purposes of objecting to a work assignment pursuant to paragraph (b) of subsection 2, the written policy concerning work assignments must contain:

      (a) A process for a licensed nurse or certified nursing assistant to file an objection with the health care facility, but still accept the work assignment despite the objection; and

      (b) A requirement that the health care facility respond to the objection as soon as practicable, but not later than 45 days after receiving the objection.

      5.  The health care facility shall:

      (a) Maintain records for at least 2 years of each request to be relieved of a work assignment, each refusal of a work assignment and each objection to a work assignment that is filed with the health care facility pursuant to the written policy adopted pursuant to this section;

      (b) If the health care facility has established a staffing committee pursuant to NRS 449.242, provide to the staffing committee:

 


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             (1) The number of requests to be relieved of a work assignment and refusals of a work assignment made by a licensed nurse or a certified nursing assistant at the health care facility pursuant to this section;

             (2) The number of objections to a work assignment filed by a licensed nurse or a certified nursing assistant at the health care facility pursuant to this section; and

             (3) An explanation of how the health care facility addressed the requests, refusals and objections; and

      (c) Ensure that the health care facility complies with the written policy adopted pursuant to this section.

      Sec. 16. (Deleted by amendment.)

      Sec. 17. For each health care facility which is located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds, the Health Division shall:

      1.  Ensure the general compliance of the health care facility with the provisions of NRS 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act, including, without limitation, those provisions relating to documented staffing plans and written policies adopted pursuant to section 15 of this act; and

      2.  Adopt such regulations as are necessary or appropriate to carry out the provisions of this section.

      Secs. 18-24. (Deleted by amendment.)

      Sec. 25. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

      Sec. 26. NRS 449.040 is hereby amended to read as follows:

      449.040  Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act must file with the Health Division an application on a form prescribed, prepared and furnished by the Health Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The type of facility to be operated.

      3.  The location of the facility.

      4.  In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

      5.  The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.

      6.  The name of the person in charge of the facility.

 


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      7.  Such other information as may be required by the Health Division for the proper administration and enforcement of NRS 449.030 to 449.240, inclusive [.] , and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act.

      8.  Evidence satisfactory to the Health Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof [,] and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.

      9.  Evidence satisfactory to the Health Division of the ability of the applicant to comply with the provisions of NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act and the standards and regulations adopted by the Board.

      10.  Evidence satisfactory to the Health Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.

      11.  If the facility to be licensed is a residential establishment as defined in NRS 278.02384, and if the residential establishment is subject to the distance requirements set forth in subsection 3 of NRS 278.02386, evidence satisfactory to the Health Division that the residential establishment will be located and operated in accordance with the provisions of that subsection.

      Sec. 27. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the facility, agency or home is in compliance with the provisions of NRS 449.121 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for an agency to provide personal care services in the home, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, agency or home are in compliance with the provisions of NRS 449.093.

 


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or other person in charge and employees of, the facility, agency or home are in compliance with the provisions of NRS 449.093.

      Sec. 28. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Health Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and sections 2 to 24, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to this chapter, if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Health Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

      3.  The Health Division shall maintain a log of any complaints that it receives relating to activities for which the Health Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Health Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Health Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Health Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Health Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Health Division pursuant to subsection 2.

 


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      Sec. 29. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Health Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Health Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      4.  The Health Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.240, inclusive, and 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of this chapter and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      Sec. 29.5. NRS 449.205 is hereby amended to read as follows:

      449.205  1.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against:

      (a) An employee of the medical facility or a person acting on behalf of the employee who in good faith:

 


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             (1) Reports to the Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, information relating to the conduct of a physician which may constitute grounds for initiating disciplinary action against the physician or which otherwise raises a reasonable question regarding the competence of the physician to practice medicine with reasonable skill and safety to patients;

             (2) Reports a sentinel event to the Health Division pursuant to NRS 439.835; or

             (3) Cooperates or otherwise participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity relating to conduct described in subparagraph (1) or (2); or

      (b) A registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility and who:

             (1) In accordance with the policy, if any, established by the medical facility:

                   (I) Reports to his or her immediate supervisor, in writing, that he or she does not possess the knowledge, skill or experience to comply with an assignment to provide nursing services to a patient; and

                   (II) Refuses to provide to a patient nursing services for which, as verified by documentation in the personnel file of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified concerning his or her competence to provide various nursing services, he or she does not possess the knowledge, skill or experience to comply with the assignment to provide nursing services to the patient, unless the refusal constitutes unprofessional conduct as set forth in chapter 632 of NRS or any regulations adopted pursuant thereto;

             (2) In accordance with a policy adopted pursuant to section 15 of this act, requests to be relieved of, refuses or objects to a work assignment;

             (3) In good faith, reports to the medical facility, the Board of Medical Examiners, the State Board of Osteopathic Medicine, the State Board of Nursing, the Legislature or any committee thereof or any other governmental entity:

                   (I) Any information concerning the willful conduct of another registered nurse, licensed practical nurse, nursing assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be reported to the State Board of Nursing;

                   (II) Any concerns regarding patients who may be exposed to a substantial risk of harm as a result of the failure of the medical facility or any agent or employee thereof to comply with minimum professional or accreditation standards or applicable statutory or regulatory requirements; or

                   (III) Any other concerns regarding the medical facility, the agents and employees thereof or any situation that reasonably could result in harm to patients; or

             [(3)](4) Refuses to engage in conduct that would violate the duty of the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to protect patients from actual or potential harm, [including, without limitation,] conduct which would violate any provision of chapter 632 of NRS or conduct which would subject the registered nurse, licensed practical nurse, nursing assistant or medication aide - certified to disciplinary action by the State Board of Nursing.

 


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      2.  A medical facility or any agent or employee thereof shall not retaliate or discriminate unfairly against an employee of the medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified has taken an action described in subsection 1.

      3.  A medical facility or any agent or employee thereof shall not prohibit, restrict or attempt to prohibit or restrict by contract, policy, procedure or any other manner the right of an employee of the medical facility or a registered nurse, licensed practical nurse, nursing assistant or medication aide - certified who is employed by or contracts to provide nursing services for the medical facility to take an action described in subsection 1.

      4.  As used in this section:

      (a) “Good faith” means honesty in fact in the reporting of the information or in the cooperation in the investigation concerned.

      (b) “Physician” means a person licensed to practice medicine pursuant to chapter 630 or 633 of NRS.

      (c) “Retaliate or discriminate”:

             (1) Includes, without limitation, any of the following actions if taken solely because the employee, registered nurse, licensed practical nurse, nursing assistant or medication aide - certified took an action described in subsection 1:

                   (I) Frequent or undesirable changes in the location where the person works;

                   (II) Frequent or undesirable transfers or reassignments;

                   (III) The issuance of letters of reprimand, letters of admonition or evaluations of poor performance;

                   (IV) A demotion;

                   (V) A reduction in pay;

                   (VI) The denial of a promotion;

                   (VII) A suspension;

                   (VIII) A dismissal;

                   (IX) A transfer; or

                   (X) Frequent changes in working hours or workdays.

             (2) Does not include an action described in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action is taken in the normal course of employment or as a form of discipline.

      Sec. 30. NRS 449.241 is hereby amended to read as follows:

      449.241  As used in NRS 449.241 to 449.2421, inclusive, and sections 2 to 24, inclusive, of this act unless the context otherwise requires, the words and terms defined in NRS 449.2414, 449.2416 and 449.2418 and sections 2 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 30.3.  NRS 449.2416 is hereby amended to read as follows:

      449.2416  [“Nurse”] “Licensed nurse” means a person licensed pursuant to chapter 632 of NRS to practice nursing, including, without limitation, a licensed practical nurse. The term does not include a certified nursing assistant or a medication aide - certified.

 


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      Sec. 30.6.  NRS 449.242 is hereby amended to read as follows:

      449.242  1.  Each hospital located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall establish a staffing committee to develop a written policy as required pursuant to section 15 of this act and a documented staffing plan as required pursuant to NRS 449.2421. The staffing committee must consist of:

      (a) Not less than one-half of the total members of the staffing committee from the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital; and

      (b) Not less than one-half of the total members of the staffing committee appointed by the administration of the hospital.

      2.  In developing the written policy and the staffing plan, the staffing committee shall consider, without limitation, the information received pursuant to paragraph (b) of subsection 5 of section 15 of this act regarding requests to be relieved of a work assignment, refusals of a work assignment and objections to a work assignment.

      3.  The staffing committee of a hospital shall meet at least quarterly.

      [3.]4.  Each hospital that is required to establish a staffing committee pursuant to this section shall prepare a written report concerning the establishment of the staffing committee, the activities and progress of the staffing committee and a determination of the efficacy of the staffing committee. The hospital shall submit the report on or before December 31 of each:

      (a) Even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.

      (b) Odd-numbered year to the Legislative Committee on Health Care.

      Sec. 30.9.  NRS 449.2421 is hereby amended to read as follows:

      449.2421  1.  As a condition of licensing, a health care facility located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall make available to the Health Division a written policy adopted pursuant to section 15 of this act, a documented staffing plan and a written certification that the written policy and the documented staffing plan [is] are adequate to meet the needs of the patients of the health care facility. The documented staffing plan must include, without limitation:

      (a) A detailed written plan setting forth [the] :

             (1) The number, skill mix and classification of licensed nurses required in each unit in the health care facility, which must take into account the experience of the clinical and nonclinical support staff with whom the licensed nurses collaborate, supervise or otherwise delegate assignments; and

             (2) The number of certified nursing assistants required in each unit in the health care facility;

      (b) A description of the types of patients who are treated in each unit, including, without limitation, the type of care required by the patients;

      (c) A description of the activities in each unit, including, without limitation, discharges, transfers and admissions;

      (d) A description of the size and geography of each unit;

      (e) A description of any specialized equipment and technology available for each unit; [and]

      (f) Any foreseeable changes in the size or function of each unit [.] ; and

      (g) Protocols for adequately staffing the health care facility:

 


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             (1) In the event of an emergency, including, without limitation, mass casualties and a significant change in the acuity or number of patients;

             (2) If applicable, in circumstances when a significant number of patients are diverted from another facility; and

             (3) If a licensed nurse or certified nursing assistant is absent or refuses a work assignment pursuant to section 15 of this act.

      2.  A documented staffing plan must provide sufficient flexibility to allow for adjustments based upon changes in a unit of the health care facility.

      3.  The health care facility shall ensure that it is staffed in accordance with the documented staffing plan.

      Secs. 31 and 32. (Deleted by amendment.)

      Sec. 33.  The Health Division of the Department of Health and Human Services shall not renew the license of any health care facility, as that term is defined in NRS 449.2414, if the health care facility has not submitted to the Health Division a written policy and a documented staffing plan as required by NRS 449.2421, as amended by section 30.9 of this act.

      Sec. 34.  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.

________

CHAPTER 396, SB 416

Senate Bill No. 416–Committee on Judiciary

 

CHAPTER 396

 

[Approved: June 3, 2013]

 

AN ACT relating to gaming; providing certain restrictions governing restricted licenses to operate gaming; revising provisions governing the operation of race books or sports pools; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law: (1) defines a “restricted license” as a state gaming license to operate not more than 15 slot machines at an establishment in which the operation of slot machines is incidental to the primary business of the establishment; and (2) provides that such a license may only be granted to the operator of the primary business or to a licensed operator of a slot machine route. (NRS 463.0189, 463.161) Section 1 of this bill clarifies that a restricted license means a state gaming license for the operation of not more than 15 slot machines and which does not include a race book or sports pool. Section 3 of this bill provides that, in a county whose population is 100,000 or more (currently Clark and Washoe Counties), a restricted license may only be granted at certain establishments if the establishment contains: (1) a minimum of 2,500 square feet of space available for patrons; (2) a permanent, physical bar; and (3) a restaurant which meets certain requirements.

      Existing law: (1) prohibits certain actions relating to gaming without procuring and maintaining the required licensure; and (2) provides that a single establishment may not contain more than one licensed operation unless the establishment holds a nonrestricted gaming license. (NRS 463.160, 463.245) Existing law also defines: (1) “race book” as the business of accepting pari-mutuel wagers upon the outcome of an event held at a track; and (2) “sports pool” as the business of accepting wagers on sporting events by any system or method of wagering. (NRS 463.01858, 463.0193) Section 2 of this bill provides that a separate license is required for each location of a race book or sports pool, and further provides that certain activities relating to the acceptance and payment of wagers and transactions in person or through mechanical means, such as a kiosk or similar device, are considered within the operation of a race book or sports pool.

 


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race book or sports pool, and further provides that certain activities relating to the acceptance and payment of wagers and transactions in person or through mechanical means, such as a kiosk or similar device, are considered within the operation of a race book or sports pool. Section 4 of this bill clarifies that the exception to the single license at one establishment only applies to those nonrestricted licenses at an establishment with 16 or more slot machines or at an establishment with any number of slot machines together with any other game, gaming device, race book or sports pool.

      Section 7 of this bill provides that the provisions of this bill prohibiting the granting of restricted licenses, unless the establishment meets certain criteria, apply prospectively to new restricted licenses issued on or after July 1, 2013. Section 7 further provides that certain establishments, which were granted a restricted license before July 1, 2013, must comply with the requirement to contain a permanent bar with a certain number of slot machines embedded in the bar upon the earlier of: (1) a change in ownership of the business or the transfer of 50 percent or more of the stock or other ownership interest; or (2) July 1, 2015. Establishments which were granted a gaming license before December 22, 1990, and which have been operating at the same location since that date, are not required to comply with the requirement associated with a permanent bar. Finally, section 7 provides that an establishment that was granted a restricted gaming license before July 1, 2013, does not need to occupy at least 2,500 square feet or have a restaurant unless the establishment ceases operation for 18 or more consecutive months.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 463.0189 is hereby amended to read as follows:

      463.0189  “Restricted license” or “restricted operation” means a state gaming license for, or an operation consisting of, not more than 15 slot machines and no other game or gaming device , race book or sports pool at an establishment in which the operation of slot machines is incidental to the primary business of the establishment.

      Sec. 2. NRS 463.160 is hereby amended to read as follows:

      463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

      (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;

      (b) To provide or maintain any information service;

      (c) To operate a gaming salon;

      (d) To receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool;

      (e) To operate as a cash access and wagering instrument service provider; or

      (f) To operate, carry on, conduct, maintain or expose for play in or from the State of Nevada any interactive gaming system,

Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

 


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      2.  The licensure of an operator of an inter-casino linked system is not required if:

      (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

      (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

      3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.

      4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

      5.  For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means, such as a kiosk or similar device, regardless of whether that device would otherwise be considered associated equipment. A separate license must be obtained for each location at which such an operation is conducted.

      6.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

      Sec. 3. NRS 463.161 is hereby amended to read as follows:

      463.161  1.  A license to operate 15 or fewer slot machines at an establishment in which the operation of slot machines is incidental to the primary business conducted at the establishment may only be granted to the operator of the primary business or to a licensed operator of a slot machine route.

      2.  In a county whose population is 100,000 or more, a license to operate 15 or fewer slot machines at an establishment which is licensed to sell alcoholic beverages at retail by the drink to the general public may only be granted if the establishment meets the requirements of this subsection. The establishment must:

      (a) Occupy an area comprised of at least 2,500 square feet which is open and available for use by patrons.

      (b) Contain a permanent physical bar.

      (c) Contain a restaurant which:

             (1) Serves food ordered by patrons from tables or booths.

 


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             (2) Includes a dining area with seating for at least 25 persons in a room separate from the on-premise kitchen. For the purposes of determining the number of seats pursuant to this subparagraph, the stools at the bar or the seats outside the dining area must not be counted.

             (3) Includes a kitchen which is operated not less than 12 hours each day the establishment is open for business to the public, or the entire time the establishment is open for business to the public if it is open for business 12 hours or less each day.

      3.  As used in this section:

      (a) “Bar” means a physical structure with a flat horizontal counter, on one side of which alcoholic beverages are kept and maintained, where seats may be placed on the side opposite from where the alcohol is kept, and where the sale and service of alcoholic beverages are by the drink across such structure.

      (b) “Restaurant” means a public place where hot meals are prepared and served on the premises.

      Sec. 4. NRS 463.245 is hereby amended to read as follows:

      463.245  1.  Except as otherwise provided in this section:

      (a) All licenses issued to the same person, including a wholly owned subsidiary of that person, for the operation of any game, including a sports pool or race book, which authorize gaming at the same establishment must be merged into a single gaming license.

      (b) A gaming license may not be issued to any person if the issuance would result in more than one licensed operation at a single establishment, whether or not the profits or revenue from gaming are shared between the licensed operations.

      2.  A person who has been issued a nonrestricted gaming license for an operation described in subsection 1, 2 or 5 of NRS 463.0177 may establish a sports pool or race book on the premises of the establishment [at which the person conducts a nonrestricted gaming operation] only after obtaining permission from the Commission.

      3.  A person who has been issued a license to operate a sports pool or race book at an establishment may be issued a license to operate a sports pool or race book at [another] a second establishment described in subsection 1 or 2 of NRS 463.0177 only if the second establishment is operated by a person who has been issued a nonrestricted license [.] for that establishment. A person who has been issued a license to operate a race book or sports pool at an establishment is prohibited from operating a race book or sports pool at:

      (a) An establishment for which a restricted license has been granted; or

      (b) An establishment at which only a nonrestricted license has been granted for an operation described in subsection 3 or 4 of NRS 463.0177.

      4.  [Nothing] A person who has been issued a license to operate a race book or sports pool shall not enter into an agreement for the sharing of revenue from the operation of the race book or sports pool with another person in consideration for the offering, placing or maintaining of a kiosk or other similar device not physically located on the licensed premises of the race book or sports pool, except:

      (a) An affiliated licensed race book or sports pool; or

      (b) The licensee of an establishment at which the race book or sports pool holds or obtains a license to operate pursuant to this section.

 


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Ê This subsection does not prohibit an operator of a race book or sports pool from entering into an agreement with another person for the provision of shared services relating to advertising or marketing.

      5.  Nothing in this section limits or prohibits an operator of an inter-casino linked system from placing and operating such a system on the premises of two or more gaming licensees and receiving, either directly or indirectly, any compensation or any percentage or share of the money or property played from the linked games in accordance with the provisions of this chapter and the regulations adopted by the Commission. An inter-casino linked system must not be used to link games other than slot machines, unless such games are located at an establishment that is licensed for games other than slot machines.

      [5.]6. For the purposes of this section, the operation of a race book or sports pool includes making the premises available for any of the following purposes:

      (a) Allowing patrons to establish an account for wagering with the race book or sports pool;

      (b) Accepting wagers from patrons;

      (c) Allowing patrons to place wagers;

      (d) Paying winning wagers to patrons; or

      (e) Allowing patrons to withdraw cash from an account for wagering or to be issued a ticket, receipt, representation of value or other credit representing a withdrawal from an account for wagering that can be redeemed for cash,

Ê whether by a transaction in person at an establishment or through mechanical means such as a kiosk or other similar device, regardless of whether that device would otherwise be considered associated equipment.

      7.  The provisions of this section do not apply to a license to operate a mobile gaming system or to operate interactive gaming.

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

      Sec. 7.  1.  Except as otherwise provided in this section, the amendatory provisions of section 3 of this act apply to the issuance of a restricted license on or after July 1, 2013.

      2.  Except as otherwise provided in subsection 3, an establishment that has been granted a restricted license by the Nevada Gaming Commission before July 1, 2013, but which is not in compliance with the provisions of paragraph (b) of subsection 2 of NRS 463.161, as amended by section 3 of this act, must come into compliance with those provisions upon the earlier of:

      (a) A change of ownership of the business or the transfer of 50 percent or more of the stock or other ownership interest in the entity owning the business; or

      (b) July 1, 2015.

      3.  An establishment which was granted a gaming license before December 22, 1990, and which has been operating at the same location since that date is not required to comply with the provisions of paragraph (b) of subsection 2 of NRS 463.161, as amended by section 3 of this act.

      4.  An establishment that has been granted a restricted license by the Commission before July 1, 2013, but which is not in compliance with the provisions of paragraph (a) or (c) of subsection 2 of NRS 463.161, as amended by section 3 of this act, is not required to come into compliance with those provisions unless the establishment ceases gaming operations for 18 or more consecutive months.

 


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with those provisions unless the establishment ceases gaming operations for 18 or more consecutive months.

      5.  The Commission shall not renew the restricted license of an establishment that does not come into compliance with the amendatory provisions of section 3 of this act within the time required by this section.

      6.  This act applies to all race books, sports pools and associated equipment in existence on July 1, 2013.

      Sec. 8.  This act becomes effective on July 1, 2013.

________

CHAPTER 397, SB 428

Senate Bill No. 428–Committee on Transportation

 

CHAPTER 397

 

[Approved: June 3, 2013]

 

AN ACT relating to tow cars; requiring operators of tow cars to accept certain forms of payment; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law governs the authority of the Nevada Transportation Authority to set the rate for services provided by operators of tow cars. (NRS 706.445-706.451) Section 2 of this bill provides that operators of tow cars are required to accept cash, money orders, credit cards, debit cards and any electronic transfer of money as payment for towing services. Section 3 of this bill authorizes an operator of a tow car to enter into contracts with issuers of credit cards and debit cards to provide for the acceptance of such cards by the operator of a tow car for the payment of rates, taxes and charges. Section 3 also authorizes an operator of a tow car to offer a customer a discount for making payment in cash.

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. An operator of a tow car shall accept cash, money orders, credit cards, debit cards and any electronic transfer of money as payment for towing services. As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 463.01473.

      Sec. 3. 1.  An operator of a tow car may enter into contracts with issuers of credit cards and debit cards to provide for the acceptance of credit cards and debit cards by the operator of a tow car for the payment of rates, fares and charges owed to the operator of a tow car.

      2.  The Authority may, as part of its investigation or review of any rates, fares or charges of a tow car operator that are subject to the approval of the Authority, consider the expenses incurred by the operator of a tow car in accepting payment by a credit card or debit card, including, without limitation:

      (a) Costs of required equipment and its installation;

 


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      (b) Administrative costs of processing credit card or debit card transactions; and

      (c) Fees paid to issuers of credit cards or debit cards.

      3.  An operator of a tow car may offer a discount to a customer for payment in cash of any rate, fare or charge.

      4.  As used in this section, “issuer” means a business organization, financial institution or a duly authorized agency of a business organization or financial institution which:

      (a)Issues a credit card or debit card; or

      (b)Enters into a contract with an operator of a tow car or other person to enable or facilitate the acceptance of a credit card or debit card.

      Sec. 4. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 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. 5. NRS 706.286 is hereby amended to read as follows:

      706.286  1.  When a complaint is made against any fully regulated carrier or operator of a tow car by any person, that:

      (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any fully regulated carrier or by any operator of a tow car 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 are in any respect unreasonable or unjustly discriminatory;

      (b) Any of the provisions of NRS 706.445 to 706.453, inclusive, and sections 2 and 3 of this act have been violated;

      (c) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory; or

      (d) Any service is inadequate,

Ê the Authority shall investigate the complaint. After receiving the complaint, the Authority shall give a copy of it to the carrier or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the carrier or operator of a tow car shall provide the Authority with its written response to the complaint according to the regulations of the Authority.

      2.  If the Authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 706.2865.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

 


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      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must file an application with the Authority.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

      5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      Sec. 7.5. NRS 706.4479 is hereby amended to read as follows:

      706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

      (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

             (1) Of the location where the motor vehicle is being stored;

             (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

             (3) Of the charge for towing and storage;

             (4) Of the date and time the vehicle was placed in storage;

             (5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

             (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

 


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      (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and 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 State or any other state within:

             (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

             (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

      2.  If an operator includes in the operator’s tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following an accident involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      3.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following an accident involving the motor vehicle [,] or after having been stolen and subsequently recovered, the operator shall not:

      (a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage; or

      (b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367, inclusive.

      Sec. 8. NRS 706.4483 is hereby amended to read as follows:

      706.4483  1.  The Authority shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  In addition to any other remedies that may be available to the Authority to act upon complaints, the Authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the Authority determines to be appropriate.

      Sec. 9. NRS 706.453 is hereby amended to read as follows:

      706.453  The provisions of NRS 706.445 to 706.451, inclusive, and sections 2 and 3 of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.

      Sec. 10. 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 sections 2 and 3 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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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.

      (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. 11. 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 sections 2 and 3 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 sections 2 and 3 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 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 sections 2 and 3 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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of $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.

      Sec. 12. NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 13. NRS 706.791 is hereby amended to read as follows:

      706.791  1.  If the Department is not satisfied with the records or statements of, or with the amount of fees paid by, any person pursuant to the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, it may make an additional or estimated assessment of fees due from that person based upon any information available to it.

      2.  Every additional or estimated assessment bears interest at the rate of 1 percent per month, or fraction thereof, from the date the fees were due until they are paid.

      3.  If an assessment is imposed, a penalty of 10 percent of the amount of the assessment must be added thereto. If any part of the deficiency is found to be caused by fraud or an intent to evade the provisions of this chapter or the regulations adopted pursuant to this chapter, a penalty of 25 percent of the amount of the assessment must be added thereto.

      4.  The Department shall give the person written notice of the assessment. The notice may be served personally or by mail in the manner prescribed by Rule 5 of the Nevada Rules of Civil Procedure addressed to the person at the person’s address as it appears in the records of the Department. Every notice of assessment must be served within 36 months after the end of the registration year for which the additional assessment is imposed.

      5.  If any person refuses or fails to make available to the Department, upon request, such records, reports or other information as determined by the Department to be necessary to enable it to determine that the amount of taxes and fees paid by that person is correct, the assessment made pursuant to the provisions of this section is presumed to be correct and the burden is upon the person challenging the assessment to establish that it is erroneous.

      6.  Any person against whom an assessment has been made pursuant to the provisions of this section may petition the Department in writing for a redetermination within 30 days after service of the notice.

 


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redetermination within 30 days after service of the notice. If a petition is not filed with the Department within that period, the assessment becomes final.

      7.  If a petition for redetermination is filed within 30 days, the Department shall reconsider the assessment and send the petitioner, by certified mail, notice of its decision and the reasons therefor. A petitioner aggrieved by the Department’s decision may appeal the decision by submitting a written request to the Department for a hearing not later than 30 days after notice of the decision was mailed by the Department. The Department shall schedule an administrative hearing and provide the petitioner with 10 days’ notice of the time and place of the hearing. The Department may continue the hearing as may be necessary.

      8.  The order of the Department upon a petition becomes final 30 days after service of notice thereof. If an assessment is not paid on or before the date it becomes final, there must be added thereto in addition to any other penalty provided for in this chapter a penalty of 10 percent of the amount of the assessment.

      9.  Every remittance in payment of an assessment is payable to the Department.

________

CHAPTER 398, SB 429

Senate Bill No. 429–Committee on Transportation

 

CHAPTER 398

 

[Approved: June 3, 2013]

 

AN ACT relating to taxicabs; revising provisions relating to the authority of the Taxicab Authority to regulate the color scheme, insigne and design of the cruising lights of certain taxicabs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a person must be a holder of a certificate of public convenience and necessity to operate a taxicab business. (NRS 706.386, 706.473, 706.8827) In counties whose population is less than 700,000 (currently all counties other than Clark County), the certificates are issued by the Nevada Transportation Authority, and in counties whose population is 700,000 or more (currently Clark County), the certificates are issued by the Taxicab Authority. (NRS 706.386, 706.881, 706.8827) Existing law requires the Taxicab Authority to: (1) approve or disapprove the color scheme, insigne and design of the cruising lights of taxicabs of a certificate holder in any county; and (2) ensure that the color scheme, insigne and design of the cruising lights of one certificate holder are readily distinguishable from those of another certificate holder operating in the same county. (NRS 706.8833, NAC 706.486) Existing law also requires that certain information about a taxicab’s fare schedule and the name of the certificate holder be displayed on each taxicab. (NRS 706.8835) This bill requires the Taxicab Authority to allow a certificate holder in any county to place advertisements on the exterior of the certificate holder’s taxicabs, provided that the taxicabs bearing the advertisements are readily distinguishable from the taxicabs of other certificate holders operating in the same county through the display of the name of the certificate holder on each side of each taxicab, and that the taxicabs still display the fare schedule as required.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 706.8833 is hereby amended to read as follows:

      706.8833  1.  The color scheme, insigne and design of the cruising lights of each taxicab must conform to those approved for the certificate holder pursuant to regulations of the Authority.

      2.  [The] Except as otherwise provided in subsection 3, the Authority shall approve or disapprove the color scheme, insigne and design of the cruising lights of the taxicabs of a certificate holder in any county, and shall ensure that the color scheme and insigne of one certificate holder are readily distinguishable from the color schemes and insignia of other certificate holders operating in the same county.

      3.  The Authority shall allow a certificate holder in any county to place advertisements on the exterior of the vehicles used as taxicabs in the operations of the certificate holder, provided that the taxicabs of the certificate holder which bear such advertisements are readily distinguishable from the taxicabs of other certificate holders operating in the same county by meeting the requirements of subsection 2 of NRS 706.8835.

________

CHAPTER 399, SB 436

Senate Bill No. 436–Committee on Government Affairs

 

CHAPTER 399

 

[Approved: June 3, 2013]

 

AN ACT relating to resources; creating the Nevada State Parks and Cultural Resources Endowment Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill creates the Nevada State Parks and Cultural Resources Endowment Fund, the income from which is only to be used for the purposes of enhancing state parks and preserving the cultural resources of this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 235 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Nevada State Parks and Cultural Resources Endowment Fund is hereby created as a trust fund in the State Treasury.

      2.  The State Treasurer shall deposit in the Fund any money the State Treasurer receives from any person who wishes to contribute to the Fund.

      3.  The Fund must be administered by a committee consisting of:

      (a) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;

 


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      (b) The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources; and

      (c) Three members appointed by the Governor.

      4.  The Fund must only be used for the purposes of the enhancement of state parks and the preservation of the cultural resources of this State. Any interest earned on money in the Fund must be credited to the Fund. The money which represents the principal of the Fund must not be spent, and only the interest earned on the principal may be used to carry out the provisions of this section.

      5.  As used in this section, “cultural resources” has the meaning ascribed to it in subsection 3 of NRS 383.011.

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

________

CHAPTER 400, SB 493

Senate Bill No. 493–Committee on Commerce, Labor and Energy

 

CHAPTER 400

 

[Approved: June 3, 2013]

 

AN ACT relating to real property; revising provisions governing loans secured by a lien on real property in which investors hold the beneficial interests; revising provisions governing the reconveyance of a deed of trust; revising provisions relating to bona fide purchasers and encumbrancers of real property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that if the beneficial interest in a mortgage loan belongs to more than one natural person, the holders of 51 percent or more of the outstanding principal balance may act on behalf of all the holders of the beneficial interests of record. (NRS 645B.340) Section 2 of this bill revises this provision to authorize the holders of 51 percent or more of the ownership interest in the real property previously securing the loan to act on behalf of all the holders of the ownership interests of record. Section 2 also: (1) requires that certain written notice of the proposed action be provided to each holder of a beneficial interest in the loan or an ownership interest in the real property; and (2) specifies the manner in which the interests of the minority of persons who do not consent to a sale, transfer, encumbrance or lease of the real property are sold, transferred, encumbered or leased.

      Existing law prohibits a mortgage broker from placing a private investor or arranging to place a private investor into a limited-liability, business trust or other business entity before a foreclosure of real property unless the mortgage broker complies with certain requirements. (NRS 645B.356) Section 2.5 of this bill: (1) specifies that these requirements apply if private investors own real property because of a foreclosure sale or receipt of a deed in lieu of a foreclosure sale in full satisfaction of a loan; and (2) provides that a certain majority of the private investors may place the loan or the real property into a limited-liability company, business trust or other business entity on behalf of all the private investors. Section 2.5 also specifies the manner in which the interests of the minority of private investors who do not consent to the placement are placed in the limited-liability company, business trust or other business entity.

 


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      Existing law establishes various procedures for the reconveyance of a deed of trust upon the payment, satisfaction or discharge of the obligation or debt secured by the deed of trust. (NRS 107.073, 107.077) Section 3 of this bill establishes a procedure by which a trustor or the successor in interest of the trustor may cause the trustee to reconvey the deed of trust if: (1) the obligation or debt secured by the deed of trust has been paid in full or otherwise satisfied and the current beneficiary of the deed of trust cannot be located after a diligent search or refuses to execute and deliver to the trustee a proper request for reconveyance; or (2) a balance remains due on the obligation or debt secured by the deed of trust and the trustor or successor in interest of the trustor cannot locate the beneficiary of record after diligent search. Under section 3, the trustor or the successor in interest of the trustor must record a surety bond that meets certain requirements and a declaration signed under penalty of perjury which states certain information concerning the deed of trust. If the beneficiary of record does not object in writing to the execution and recording of a reconveyance within 30 days after the recording of the surety bond and declaration, the trustee must execute and record or cause to be recorded a reconveyance of the deed of trust and that reconveyance releases the lien of the deed of trust. Section 3 also establishes a procedure by which the trustor or the successor in interest of the trustor may substitute the current trustee for the purposes of executing and recording the reconveyance if the current trustee cannot be located after diligent search.

      Existing law provides that a conveyance of any estate or interest in lands, and any charge upon lands, is void if it is made with the intent to defraud prior or subsequent purchasers of the same lands. (NRS 111.175) Under existing law, such a conveyance or charge is not deemed fraudulent in favor of certain subsequent purchasers, unless the subsequent purchaser was privy to the fraud intended. (NRS 111.180) Section 3.5 of this bill: (1) defines the circumstances under which a purchaser of an estate or interest in real property is a bona fide purchaser of the property; and (2) provides that a conveyance of an estate or interest in real property, or a charge upon real property, is not deemed fraudulent in favor of a bona fide purchaser unless the subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of the intended fraud.

 

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. (Deleted by amendment.)

      Sec. 2. NRS 645B.340 is hereby amended to read as follows:

      645B.340  1.  Except as otherwise provided by law or by agreement between the parties and regardless of the date the interests were created, if the beneficial interest in a loan or the ownership interest in the real property previously securing the loan belongs to more than one [natural] person, the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property, as indicated on a trustee’s deed upon sale recorded pursuant to subsection 9 of NRS 107.080, a deed recorded pursuant to subsection 5 of NRS 40.430 or a deed in lieu of foreclosure, and any subsequent deed selling, transferring or assigning an ownership interest, may act on behalf of all the holders of the beneficial interests or ownership interests of record on matters which require the action of the holders of the beneficial interests in the loan [,] or the ownership interests in the real property, including, without limitation:

 


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      (a) The designation of a mortgage broker or mortgage agent, servicing agent or any other person to act on behalf of all the holders of the beneficial interests or ownership interests of record;

      (b) The foreclosure of the property for which the loan was made;

      (c) The subsequent sale, transfer, encumbrance or lease of real property owned by the holders resulting from a foreclosure or the receipt of a deed in lieu of a foreclosure in full satisfaction of a loan [;] , to a bona fide purchaser or encumbrancer for value;

      (d) The release of any obligation under a loan in return for an interest in equity in the real property or, if the loan was made to a person other than a natural person, an interest in equity of that entity; and

      (e) The modification or restructuring of any term of the loan, deed of trust or other document relating to the loan, including, without limitation, changes to the maturity date, interest rate and the acceptance of payment of less than the full amount of the loan and any accrued interest in full satisfaction of the loan.

      2.  A person designated to act pursuant to subsection 1 on behalf of the holders of the beneficial interest in a loan or the ownership interest in real property shall, not later than 30 days before the date on which the holders will determine whether or not to act pursuant to subsection 1, send a written notice of the action to each holder of a beneficial interest or ownership interest at the holder’s last known address, by a delivery service that provides proof of delivery or evidence that the notice was sent. The written notice must state:

      (a) The actions that will be taken on behalf of the holders who consent to an action pursuant to this section, if the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property act pursuant to subsection 1;

      (b) The actions that will be taken on behalf of the holders who do not consent to an action pursuant to this section, if the holders of the beneficial interest in a loan whose interests represent 51 percent or more of the outstanding principal balance of the loan or the holders of 51 percent or more of the ownership interest in the real property act pursuant to subsection 1; and

      (c) The amount of the costs or, if an amount is unknown, an estimate of the amount of the costs that will be allocated to, or due from, the holder and deducted from any proceeds owed to the holder.

      3.  If real property is sold, transferred, encumbered or leased pursuant to paragraph (c) of subsection 1, any beneficial interest in the loan or ownership interest in the real property of a holder who does not consent to the sale, transfer, encumbrance or lease, including, without limitation, any interest of a tenant in common who does not consent to the sale, transfer, encumbrance or lease, must be sold, transferred, encumbered or leased by a reference to this section and by the signatures on the necessary documents of the holders consenting to the sale, transfer, encumbrance or lease of the real property. The holders consenting to the sale, transfer, encumbrance or lease of the real property shall designate a representative to sign any necessary documents on behalf of the holders who do not consent to the sale, transfer, encumbrance or lease and, if the representative maintains written evidence of the consent of the number of holders described in subsection 1, the representative is not liable for any action taken pursuant to this subsection.

 


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representative maintains written evidence of the consent of the number of holders described in subsection 1, the representative is not liable for any action taken pursuant to this subsection.

      4. Any action which is taken pursuant to subsection 1 must be in writing.

      [3.]5.  The provisions of this section do not apply to a transaction involving two investors with equal interests.

      Sec. 2.5. NRS 645B.356 is hereby amended to read as follows:

      645B.356  1.  A mortgage broker shall not place or arrange to place a private investor into a limited-liability company, business trust or other entity before or after foreclosure of the real property securing the loan , or receipt of a deed in lieu of foreclosure in full satisfaction of a loan secured by the real property, unless the mortgage broker:

      (a) Provides a copy of the organizational documents of the limited-liability company, business trust or other entity to each investor not later than 5 days before the [investor transfers his or her] transfer of the interest in the loan [; and] or the interest in the real property;

      (b) Obtains the written authorization of a sufficient number of the investors to act on behalf of all the investors pursuant to NRS 645B.340; and

      (c) Obtains the written authorization of each investor [who wishes to] consenting to the transfer of his or her interest in the loan or in the real property to the limited-liability company, business trust or other entity.

      2.  If a private investor is placed into a limited-liability company, business trust or other entity pursuant to subsection 1, any beneficial interest in a loan or ownership interest in real property of the private investor who does not consent to the placement, including, without limitation, any interest of a tenant in common who does not consent to the placement, must be placed in the limited-liability company, business trust or other entity by a reference to this section and by the signatures on the necessary documents of the investors consenting to the placement. The investors who consent to an action pursuant to subsection 1 shall designate a representative to sign any necessary documents on behalf of the investors who do not consent to the action, and if the representative maintains written evidence of the consent of the number of investors described in paragraph (b) of subsection 1, the representative is not liable for any action taken pursuant to this subsection.

      3.  The documents provided to each investor pursuant to paragraph (a) of subsection 1 must clearly and concisely state any fees which will be paid to the mortgage broker by the limited-liability company, business trust or other entity, and the sections of the documents that state fees must be initialed by the investor [.

      3.] and any representative designated pursuant to subsection 2.

      4.  A mortgage broker or mortgage agent shall not act as the attorney-in-fact or the agent of a private investor for the signing or dating of the written authorization.

      [4.]5.  Any term of a contract or other agreement that attempts to alter or waive the requirements of this section is void.

      Sec. 3. Chapter 107 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Whenever the debt or obligation secured by a deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search as described in subsection 9 or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077, or whenever a balance, including, without limitation, principal and interest, remains due on the debt secured by the deed of trust and the trustor or the trustor’s successor in interest cannot locate after diligent search the current beneficiary of record, the trustor or the trustor’s successor in interest may record or cause to be recorded a surety bond that meets the requirements of subsection 2 and a declaration that meets the requirements of subsection 3.

 


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cannot be located after diligent search as described in subsection 9 or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077, or whenever a balance, including, without limitation, principal and interest, remains due on the debt secured by the deed of trust and the trustor or the trustor’s successor in interest cannot locate after diligent search the current beneficiary of record, the trustor or the trustor’s successor in interest may record or cause to be recorded a surety bond that meets the requirements of subsection 2 and a declaration that meets the requirements of subsection 3.

      2.  The surety bond recorded pursuant to subsection 1 must:

      (a) Be acceptable to the trustee;

      (b) Be issued by a surety authorized to issue surety bonds in this State in an amount equal to the greater of:

             (1) Two times the amount of the original obligation or debt secured by the deed of trust plus any principal amounts, including, without limitation, advances, indicated in a recorded amendment thereto; or

             (2) One-and-a-half times the total amount computed pursuant to subparagraph (1) plus any accrued interest on that amount;

      (c) Be conditioned on payment of any amount which the beneficiary recovers in an action to enforce the obligation or recover the debt secured by the deed of trust, plus costs and reasonable attorney’s fees;

      (d) Be made payable to the trustee who executes a reconveyance pursuant to subsection 4 and the beneficiary or the beneficiary’s successor in interest; and

      (e) Contain a statement of:

             (1) The recording date and instrument number or book and page number of the recorded deed of trust;

             (2) The names of the original trustor and beneficiary;

             (3) The amount shown as the original principal amount secured by the deed of trust; and

             (4) The recording information and new principal amount shown in any recorded amendment to the deed of trust.

      3.  The declaration recorded pursuant to subsection 1 must:

      (a) Be signed under penalty of perjury by the trustor or the trustor’s successor in interest;

      (b) State that it is recorded pursuant to this section;

      (c) State the name of the original trustor;

      (d) State the name of the beneficiary;

      (e) State the name and address of the person making the declaration;

      (f) Except as otherwise provided in subsection 8, contain a statement of the following, whichever is applicable:

             (1) That the obligation or debt secured by the deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077; or

             (2) That a balance, including, without limitation, principal and interest, remains due on the debt secured by the deed of trust and the trustor or the trustor’s successor in interest cannot locate after diligent search the current beneficiary of record;

 


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      (g) Contain a statement that the declarant has mailed by certified mail, return receipt requested, to the last known address of the person to whom payments under the deed of trust were made and to the last beneficiary of record at the address indicated for such beneficiary on the instrument creating, assigning or conveying the deed of trust, a notice of the recording of the surety bond and declaration pursuant to this section, of the name and address of the trustee, of the beneficiary’s right to record a written objection to the reconveyance of the deed of trust pursuant to this section and of the requirement to notify the trustee in writing of any such objection; and

      (h) Contain the date of the mailing of any notice pursuant to this section and the name and address of each person to whom such a notice was mailed.

      4.  Not earlier than 30 days after the recording of the surety bond and declaration pursuant to subsections 1, 2 and 3, delivery to the trustee of the fees charged by the trustee for the preparation, execution or recordation of a reconveyance pursuant to subsection 7 of NRS 107.077, plus costs incurred by the trustee, and a demand for reconveyance under NRS 107.077, the trustee shall execute and record or cause to be recorded a reconveyance of the deed of trust pursuant to NRS 107.077, unless the trustee has received a written objection to the reconveyance of the deed of trust from the beneficiary of record within 30 days after the recording of the surety bond and declaration pursuant to subsections 1, 2 and 3. The recording of a reconveyance pursuant to this subsection has the same effect as a reconveyance of the deed of trust pursuant to NRS 107.077 and releases the lien of the deed of trust. A trustee is not liable to any person for the execution and recording of a reconveyance pursuant to this section if the trustee acted in reliance upon the substantial compliance with this section by the trustor or the trustor’s successor in interest. The sole remedy for a person damaged by the reconveyance of a deed of trust pursuant to this section is an action for damages against the trustor or the person making the declaration described in subsection 3 or an action against the surety bond.

      5.  Upon the recording of a reconveyance of the deed of trust pursuant to subsection 4, interest no longer accrues on any balance remaining due under the obligation or debt secured by the deed of trust to the extent that the balance due has been stated in the declaration described in subsection 3. Notwithstanding any provision of chapter 120A of NRS, any amount of the balance remaining due under the obligation or debt secured by the deed of trust, including, without limitation, principal and interest, which is remitted to the issuer of the surety bond described in subsection 2 in connection with the issuance of that surety bond must, if unclaimed within 3 years after remittance, be property that is presumed abandoned for the purposes of chapter 120A of NRS. From the date on which the amount is paid or delivered to the Administrator of Unclaimed Property pursuant to NRS 120A.570, the issuer of the surety bond is relieved of any liability to pay to the beneficiary or his or her heirs or successors in interest the amount paid or delivered to the Administrator.

      6.  Any failure to comply with the provisions of this section does not affect the rights of a bona fide purchaser or encumbrancer for value.

      7.  This section shall not be deemed to create an exclusive procedure for the reconveyance of a deed of trust and the issuance of surety bonds and declarations to release the lien of a deed of trust, and shall not affect any other procedures, whether or not such procedures are set forth in statute, for the reconveyance of a deed of trust and the issuance of surety bonds and declaration to release the lien of a deed of trust.

 


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and declarations to release the lien of a deed of trust, and shall not affect any other procedures, whether or not such procedures are set forth in statute, for the reconveyance of a deed of trust and the issuance of surety bonds and declaration to release the lien of a deed of trust.

      8.  For the purposes of this section, the trustor or the trustor’s successor in interest may substitute the current trustee of record without conferring any duties upon that trustee other than duties which are incidental to the execution of a reconveyance pursuant to this section, if:

      (a) The debt or obligation secured by a deed of trust has been paid in full or otherwise satisfied;

      (b) The current trustee of record and the current beneficiary of record cannot be located after diligent search as described in subsection 9;

      (c) The declaration filed pursuant to subsection 3:

             (1) In addition to the information required to be stated in the declaration pursuant to subsection 3, states that the current trustee of record and the current beneficiary of record cannot be located after diligent search; and

             (2) In lieu of the statement required by paragraph (f) of subsection 3, contains a statement that the obligation or debt secured by the deed of trust has been paid in full or otherwise satisfied and the current beneficiary of record cannot be located after diligent search or refuses to execute and deliver a proper request to reconvey the estate in real property conveyed to the trustee by the grantor, as required by NRS 107.077;

      (d) The substitute trustee is a title insurer that agrees to accept the substitution, except that this paragraph does not impose a duty on a title insurer to accept the substitution; and

      (e) The surety bond required by this section is for a period of not less than 5 years.

      9.  For the purposes of subsection 1, a diligent search has been conducted if:

      (a) A notice stating the intent to record a surety bond and declaration pursuant to this section, the name and address of the trustee, the beneficiary’s right to record a written objection to the reconveyance of the deed of trust pursuant to this section and the requirement to notify the trustee in writing of any such objection, has been mailed by certified mail, return receipt requested, to the last known address of the person to whom payments under the deed of trust were made and to the last beneficiary of record at the address indicated for such beneficiary on the instrument creating, assigning or conveying the deed of trust.

      (b) A search has been conducted of the telephone directory in the city where the beneficiary of record or trustee of record, whichever is applicable, maintained its last known address or place of business.

      (c) If the beneficiary of record or the beneficiary’s successor in interest, or the trustee of record or the trustee’s successor in interest, whichever is applicable, is a business entity, a search has been conducted of the records of the Secretary of State and the records of the agency or officer of the state of organization of the beneficiary, trustee or successor, if known.

      (d) If the beneficiary of record or trustee of record is a state or national bank or state or federal savings and loan association, an inquiry concerning the location of the beneficiary or trustee has been made to the regulator of the bank or savings and loan association.

      10.  As used in this section:

 


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      (a) “Surety” means a corporation authorized to transact surety business in this State pursuant to NRS 679A.030 that:

             (1) Is included in the United States Department of the Treasury’s Listing of Approved Sureties; and

             (2) Issues a surety bond pursuant to this section that does not exceed the underwriting limitations established for that surety by the United States Department of the Treasury.

      (b) “Surety bond” means a bond issued by a surety for the reconveyance of a deed of trust pursuant to this section.

      Sec. 3.5. NRS 111.180 is hereby amended to read as follows:

      111.180  1.  Any purchaser who purchases an estate or interest in any real property in good faith and for valuable consideration and who does not have actual knowledge, constructive notice of, or reasonable cause to know that there exists a defect in, or adverse rights, title or interest to, the real property is a bona fide purchaser.

      2.  No [such] conveyance [,] of an estate or interest in real property, or charge [,] upon real property, shall be deemed fraudulent in favor of a [subsequent] bona fide purchaser [who shall have legal notice thereof at the time of the purchase by the subsequent purchaser,] unless it [shall appear] appears that the [grantee] subsequent purchaser in such conveyance, or person to be benefited by such charge, [was privy to] had actual knowledge, constructive notice or reasonable cause to know of the fraud intended.

      Sec. 4.  This act becomes effective on July 1, 2013.

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CHAPTER 401, SB 72

Senate Bill No. 72–Senator Manendo

 

CHAPTER 401

 

[Approved: June 3, 2013]

 

AN ACT relating to cruelty to animals; prohibiting a person from intentionally engaging in horse tripping for sport, entertainment, competition or practice or from knowingly organizing, sponsoring, promoting, overseeing or receiving money for the admission of any person to a charreada or rodeo that includes horse tripping; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits a person from engaging in cruelty to animals and provides criminal penalties for a person who engages in that activity, including making a third and any subsequent offense within the immediately preceding 7 years a category C felony. (NRS 574.100) This bill prohibits a person from: (1) intentionally engaging in horse tripping for sport, entertainment, competition or practice; or (2) knowingly organizing, sponsoring, promoting, overseeing or receiving money for the admission of any person to a charreada or rodeo that includes horse tripping. This bill imposes a criminal penalty against a person who is guilty of committing horse tripping. Finally, the bill defines the term “horse tripping” to mean the roping of the legs of or otherwise using a wire, pole, stick, rope or other object to intentionally trip or intentionally cause a horse or other animal of the equine species to fall, and excludes from that definition the tripping of the animal to provide medical or other health care for the animal or catching the animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 1.5. NRS 574.100 is hereby amended to read as follows:

      574.100  1.  A person shall not:

      (a) Torture or unjustifiably maim, mutilate or kill:

             (1) An animal kept for companionship or pleasure, whether belonging to the person or to another; or

             (2) Any cat or dog;

      (b) Except as otherwise provided in paragraph (a), overdrive, overload, torture, cruelly beat or unjustifiably injure, maim, mutilate or kill an animal, whether belonging to the person or to another;

      (c) Deprive an animal of necessary sustenance, food or drink, or neglect or refuse to furnish it such sustenance or drink;

      (d) Cause, procure or allow an animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed or to be deprived of necessary food or drink;

      (e) Instigate, engage in, or in any way further an act of cruelty to any animal, or any act tending to produce such cruelty; or

      (f) Abandon an animal in circumstances other than those prohibited in NRS 574.110.

      2.  Except as otherwise provided in subsections 3 and 4 and NRS 574.210 to 574.510, inclusive, a person shall not restrain a dog:

      (a) Using a tether, chain, tie, trolley or pulley system or other device that:

             (1) Is less than 12 feet in length;

             (2) Fails to allow the dog to move at least 12 feet or, if the device is a pulley system, fails to allow the dog to move a total of 12 feet; or

             (3) Allows the dog to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object;

      (b) Using a prong, pinch or choke collar or similar restraint; or

      (c) For more than 14 hours during a 24-hour period.

      3.  Any pen or other outdoor enclosure that is used to maintain a dog must be appropriate for the size and breed of the dog. If any property that is used by a person to maintain a dog is of insufficient size to ensure compliance by the person with the provisions of paragraph (a) of subsection 2, the person may maintain the dog unrestrained in a pen or other outdoor enclosure that complies with the provisions of this subsection.

      4.  The provisions of subsections 2 and 3 do not apply to a dog that is:

      (a) Tethered, chained, tied, restrained or placed in a pen or enclosure by a veterinarian, as defined in NRS 574.330, during the course of the veterinarian’s practice;

      (b) Being used lawfully to hunt a species of wildlife in this State during the hunting season for that species;

      (c) Receiving training to hunt a species of wildlife in this State;

      (d) In attendance at and participating in an exhibition, show, contest or other event in which the skill, breeding or stamina of the dog is judged or examined;

 


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      (e) Being kept in a shelter or boarding facility or temporarily in a camping area;

      (f) Temporarily being cared for as part of a rescue operation or in any other manner in conjunction with a bona fide nonprofit organization formed for animal welfare purposes;

      (g) Living on land that is directly related to an active agricultural operation, if the restraint is reasonably necessary to ensure the safety of the dog. As used in this paragraph, “agricultural operation” means any activity that is necessary for the commercial growing and harvesting of crops or the raising of livestock or poultry; or

      (h) With a person having custody or control of the dog, if the person is engaged in a temporary task or activity with the dog for not more than 1 hour.

      5.  A person shall not:

      (a) Intentionally engage in horse tripping for sport, entertainment, competition or practice; or

      (b) Knowingly organize, sponsor, promote, oversee or receive money for the admission of any person to a charreada or rodeo that includes horse tripping.

      6.  A person who willfully and maliciously violates paragraph (a) of subsection 1:

      (a) Except as otherwise provided in paragraph (b), is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) If the act is committed in order to threaten, intimidate or terrorize another person, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      [6.]7. Except as otherwise provided in subsection [5,] 6, a person who violates subsection 1, 2 [or 3:] , 3 or 5:

      (a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and

             (2) Perform not less than 48 hours, but not more than 120 hours, of community service.

Ê The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at the person’s place of employment or on a weekend.

      (b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:

             (1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and

             (2) Perform not less than 100 hours, but not more than 200 hours, of community service.

Ê The person shall be further punished by a fine of not less than $500, but not more than $1,000.

      (c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

 


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      [7.] 8.  In addition to any other fine or penalty provided in subsection [5] 6 or [6,] 7, a court shall order a person convicted of violating subsection 1, 2 , [or] 3 or 5 to pay restitution for all costs associated with the care and impoundment of any mistreated animal under subsection 1, 2 [or 3,] , 3 or 5 including, without limitation, money expended for veterinary treatment, feed and housing.

      [8.] 9.  The court may order the person convicted of violating subsection 1, 2 , [or] 3 or 5 to surrender ownership or possession of the mistreated animal.

      [9.] 10.  The provisions of this section do not apply with respect to an injury to or the death of an animal that occurs accidentally in the normal course of:

      (a) Carrying out the activities of a rodeo or livestock show; or

      (b) Operating a ranch.

      11.  As used in this section, “horse tripping” means the roping of the legs of or otherwise using a wire, pole, stick, rope or other object to intentionally trip or intentionally cause a horse, mule, burro, ass or other animal of the equine species to fall. The term does not include:

      (a) Tripping such an animal to provide medical or other health care for the animal; or

      (b) Catching such an animal by the legs and then releasing it as part of a horse roping event for which a permit has been issued by the local government where the event is conducted.

      Secs. 2-6. (Deleted by amendment.)

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2013 Statutes of Nevada, Page 2177ê

 

CHAPTER 402, SB 210

Senate Bill No. 210–Senator Cegavske

 

CHAPTER 402

 

[Approved: June 3, 2013]

 

AN ACT relating to motor carriers; requiring persons who wish to be employed as drivers for certain motor carriers to obtain a driver’s permit issued by the Nevada Transportation Authority; imposing a fee for such a permit; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides for the regulation of certain motor carriers in this State by the Nevada Transportation Authority. (NRS 706.011-706.791) This bill requires a person who wishes to be employed or enter into a contract or lease as a driver for certain motor carriers to obtain a driver’s permit issued by the Authority. This bill also establishes the requirements and procedures to obtain such a permit.

      Under existing law, the provision of “charter service by bus” is regulated by the Nevada Transportation Authority and a person wishing to provide intrastate charter service by bus is required to obtain a certificate of public convenience and necessity from the Authority, and is prohibited from engaging in certain acts. (NAC 706.034, 706.1377, 706.352, 706.355) The regulation of charter service by bus in the Nevada Administrative Code is not affected by the provisions of this bill requiring certain drivers to obtain a driver’s permit issued by the Authority.

 

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 the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a driver’s permit by the Authority pursuant to this section.

      2.  The Authority shall issue a driver’s permit to each applicant who satisfies the requirements of this section. Before issuing a driver’s permit, the Authority shall:

      (a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicant’s background; and

      (b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a driver’s permit pursuant to this section and:

             (1) Has a valid license issued pursuant to NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

 


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             (2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

      3.  The Authority may refuse to issue a driver’s permit if:

      (a) The applicant has been convicted of:

             (1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

             (2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

             (3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

      (b) After further investigation into the applicant’s background, if any, the Authority determines that the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A driver’s permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.

      5.  An applicant shall pay to the Authority:

      (a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (b) For an original driver’s permit, a fee not to exceed $50.

      (c) For the renewal of a driver’s permit, a fee not to exceed $50.

      6.  As used in this section, “charter bus transportation” means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

      (a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

      (b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sight-seeing or visiting those points of interest where a narrated tour is presented to the passengers; or

      (c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate.

      Sec. 3. 1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a driver’s permit pursuant to section 2 of this act shall:

      (a) Include the social security number of the applicant in the application submitted to the Authority.

 


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      (b) Submit to the Authority the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

      (a) The application or any other forms that must be submitted for the issuance or renewal of the driver’s permit; or

      (b) A separate form prescribed by the Authority.

      3.  A driver’s permit may not be issued or renewed by the Authority if the applicant:

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

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

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

      Sec. 4. 1.  If the Authority receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a driver’s permit, the Authority shall deem the driver’s permit issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Authority receives a letter issued to the holder of the driver’s permit by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the driver’s permit has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

      Sec. 5. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2, 3 and 4 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. 6. NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, and sections 2, 3 and 4 of this act relating to brokers do not apply to any person whom the Authority determines is:

 


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      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. 7. NRS 706.163 is hereby amended to read as follows:

      706.163  The provisions of NRS 706.011 to 706.861, inclusive, and sections 2, 3 and 4 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. 8. 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 sections 2, 3 and 4 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. 9. 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 sections 2, 3 and 4 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.

      (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.

 


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      (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. 10. 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 sections 2, 3 and 4 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2, 3 and 4 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2, 3 and 4 of this act;

      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2, 3 and 4 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;

 


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      (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 sections 2, 3 and 4 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. 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.

 


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      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.

      Sec. 11.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of adopting regulations or performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      (b) On January 1, 2014, for all other purposes.

      2.  Sections 3 and 4 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

CHAPTER 403, SB 321

Senate Bill No. 321–Senators Jones, Denis, Smith, Segerblom, Ford; Brower, Hammond, Hutchison and Kihuen

 

Joint Sponsors: Assemblymen Healey, Kirkpatrick and Frierson

 

CHAPTER 403

 

[Approved: June 3, 2013]

 

AN ACT relating to real property; revising provisions governing the foreclosure of owner-occupied property securing a residential mortgage loan; providing civil remedies for failure to comply with certain provisions governing the foreclosure of owner-occupied property securing a residential mortgage loan; authorizing a mortgagor in a judicial foreclosure action to elect mediation; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the trustee under a deed of trust concerning owner-occupied housing has the power to sell the property to which the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085, 107.086) Existing law also provides for a judicial foreclosure action under certain circumstances for the recovery of any debt or for the enforcement of any right secured by a mortgage or other lien upon real estate. (NRS 40.430) Sections 2-16 of this bill establish additional requirements for the foreclosure of owner-occupied housing securing a residential mortgage loan. Under section 7.5 of this bill, these additional restrictions do not apply to a financial institution that, during its immediately preceding annual reporting period, as established with its primary regulator, has foreclosed on 100 or fewer owner-occupied homes located in this State. Under section 30 of this bill, these additional restrictions apply only to a notice of default and election to sell which is recorded on or after October 1, 2013.

 


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      Section 10 of this bill provides that at least 30 calendar days before recording a notice of default and election to sell or commencing a judicial foreclosure action and at least 30 calendar days after the borrower’s default, the mortgage servicer, mortgagee or beneficiary of the deed of trust must provide to the borrower certain information concerning the borrower’s account, the foreclosure prevention alternatives offered by the mortgage servicer, mortgagee or beneficiary and a statement of the facts supporting the right of the mortgagee or beneficiary to foreclose. Section 11 of this bill prohibits the recording of a notice of default and election to sell or the commencement of a judicial foreclosure action involving a failure to make payment until the mortgage servicer complies with certain requirements regarding contact with, or attempts to contact, the borrower. Section 13 of this bill prohibits the practice commonly known as “dual-tracking” by prohibiting a mortgage servicer, trustee, mortgagee or beneficiary of a deed of trust from continuing the foreclosure process while an application for a foreclosure prevention alternative is pending or while the borrower is current on his or her obligation under a foreclosure prevention alternative. Section 14 of this bill requires a mortgage servicer to provide a single point of contact for a borrower who requests a foreclosure prevention alternative. Section 15 of this bill requires that under certain circumstances, a mortgage servicer, mortgagee or beneficiary of a deed of trust must dismiss a judicial foreclosure action or rescind a recorded notice of default and election or notice of sale. Section 16 of this bill provides for certain civil remedies for a material violation of the provisions of sections 2-16.

      Section 16 also provides that a signatory to the consent judgment entered in the case entitled United States of America et al. v. Bank of America Corporation et al., who complies with the Settlement Term Sheet under that judgment is deemed to be in compliance with sections 2-16 and is not liable for a violation of those provisions. Section 16 further provides that if the consent judgment is modified or amended to permit compliance with the Final Servicing Rules issued by the federal Consumer Financial Protection Bureau to supersede the terms of the Settlement Term Sheet under the consent judgment: (1) a signatory to the consent judgment who complies with the modified or amended Settlement Term Sheet while the consent judgment is in effect is deemed to be in compliance with sections 2-16 and is not liable for a violation of those provisions; and (2) any mortgage servicer, mortgagee or beneficiary of the deed of trust who complies with the Final Servicing Rules is deemed to be in compliance with sections 2-16 and is not liable for a violation of those provisions.

      Section 18 of this bill provides that in a judicial foreclosure action concerning owner-occupied property, the mortgagor may elect to participate in the Foreclosure Mediation Program.

 

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

 

      Whereas, The State of Nevada has been severely affected by the mortgage foreclosure crisis and consistently ranks as one of the top states for underwater home mortgage loans, mortgage defaults and foreclosures; and

      Whereas, The dramatic increase in foreclosures during the mortgage foreclosure crisis has led to predatory and illegal practices by mortgage servicers and outside firms hired by mortgage servicers; and

      Whereas, The Nevada Attorney General investigated and sued certain large financial institutions for engaging in illegal practices relating to the servicing of mortgage loans in default and entered into consent agreements and settlements requiring certain large financial institutions to adopt certain practices when servicing a mortgage loan in default; and

      Whereas, The consent agreements and settlements only apply to the large financial institutions and are not permanent; and

 


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      Whereas, All homeowners in the State of Nevada deserve better consumer protections and fair and honest treatment in the servicing of mortgage loans in default; now therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 107 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 16.5, inclusive, of this act.

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

      Sec. 3. “Borrower” means a natural person who is a mortgagor or grantor of a deed of trust under a residential mortgage loan. The term does not include a natural person who:

      1.  Has surrendered the secured property as evidenced by a letter confirming the surrender or the delivery of the keys to the property to the mortgagee, trustee, beneficiary of the deed of trust or an authorized agent of such a person.

      2.  Has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13 and the bankruptcy court has not entered an order closing or dismissing the bankruptcy case, or granting relief from a stay of foreclosure or trustee’s sale.

      Sec. 4. “Foreclosure prevention alternative” means a modification of a loan secured by the most senior residential mortgage loan on the property or any other loss mitigation option. The term includes, without limitation, a sale in lieu of a foreclosure sale, as defined in NRS 40.4634.

      Sec. 5. “Foreclosure sale” means the exercise of the trustee’s power of sale pursuant to NRS 107.080 or a sale directed by a court pursuant to NRS 40.430.

      Sec. 6. “Mortgage servicer” means a person who directly services a residential mortgage loan, or who is responsible for interacting with a borrower, managing a loan account on a daily basis, including, without limitation, collecting and crediting periodic loan payments, managing any escrow account or enforcing the note and security instrument, either as the current owner of the promissory note or as the authorized agent of the current owner of the promissory note. The term includes a person providing such services by contract as a subservicing agent to a master servicer by contract. The term does not include a trustee under a deed of trust, or the trustee’s authorized agent, acting under a power of sale pursuant to a deed of trust.

      Sec. 7. “Residential mortgage loan” means a loan which is primarily for personal, family or household use and which is secured by a mortgage or deed of trust on owner-occupied housing as defined in NRS 107.086.

      Sec. 7.5. The provisions of sections 2 to 16, inclusive, of this act do not apply to a financial institution, as defined in NRS 660.045, that, during its immediately preceding annual reporting period, as established with its primary regulator, has foreclosed on 100 or fewer real properties located in this State which constitute owner-occupied housing, as defined in NRS 107.086.

      Sec. 7.7. The provisions of sections 2 to 16, inclusive, of this act must not be construed to authorize a mortgage servicer, a mortgagee or a beneficiary of a deed of trust to restrict a borrower from pursuing concurrently more than one foreclosure prevention alternative.

 


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beneficiary of a deed of trust to restrict a borrower from pursuing concurrently more than one foreclosure prevention alternative.

      Sec. 8. 1.  In addition to the requirements of NRS 107.085 and 107.086, the exercise of a trustee’s power of sale pursuant to NRS 107.080 with respect to a deed of trust securing a residential mortgage loan is subject to the provisions of sections 2 to 16, inclusive, of this act.

      2.  In addition to the requirements of NRS 40.430 to 40.4639, inclusive, a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan is subject to the requirements of sections 2 to 16, inclusive, of this act.

      Sec. 9. 1.  Any duty of a mortgage servicer to maximize net present value under a pooling and servicing agreement is owed to all parties in a loan pool, or to all investors under a pooling and servicing agreement, not to any particular party in the loan pool or investor under a pooling and servicing agreement.

      2.  A mortgage servicer acts in the best interests of all parties to the loan pool or investors in the pooling and servicing agreement if the mortgage servicer agrees to or implements a foreclosure prevention alternative for which both of the following apply:

      (a) The residential mortgage loan is in payment default or payment default is reasonably foreseeable.

      (b) Anticipated recovery under the foreclosure prevention alternative exceeds the anticipated recovery through foreclosure on a net present value basis.

      Sec. 10. 1.  At least 30 calendar days before recording a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or commencing a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan and at least 30 calendar days after the borrower’s default, the mortgage servicer, mortgagee or beneficiary of the deed of trust shall mail, by first-class mail, a notice addressed to the borrower at the borrower’s primary address as indicated in the records of the mortgage servicer, mortgagee or beneficiary of the deed of trust, which contains:

      (a) A statement that if the borrower is a servicemember or a dependent of a servicemember, he or she may be entitled to certain protections under the federal Servicemembers Civil Relief Act, 50 U.S.C. Appx. §§ 501 et seq., regarding the servicemember’s interest rate and the risk of foreclosure, and counseling for covered servicemembers that is available from Military OneSource and the United States Armed Forces Legal Assistance or any other similar agency.

      (b) A summary of the borrower’s account which sets forth:

             (1) The total amount of payment necessary to cure the default and reinstate the residential mortgage loan or to bring the residential mortgage loan into current status;

             (2) The amount of the principal obligation under the residential mortgage loan;

             (3) The date through which the borrower’s obligation under the residential mortgage loan is paid;

             (4) The date of the last payment by the borrower;

             (5) The current interest rate in effect for the residential mortgage loan, if the rate is effective for at least 30 calendar days;

 


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             (6) The date on which the interest rate for the residential mortgage loan may next reset or adjust, unless the rate changes more frequently than once every 30 calendar days;

             (7) The amount of the prepayment fee charged under the residential mortgage loan, if any;

             (8) A description of any late payment fee charged under the residential mortgage loan;

             (9) A telephone number or electronic mail address that the borrower may use to obtain information concerning the residential mortgage loan; and

             (10) The names, addresses, telephone numbers and Internet website addresses of one or more counseling agencies or programs approved by the United States Department of Housing and Urban Development.

      (c) A statement of the facts establishing the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430.

      (d) A statement of the foreclosure prevention alternatives offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of trust.

      (e) A statement that the borrower may request:

             (1) A copy of the borrower’s promissory note or other evidence of indebtedness;

             (2) A copy of the borrower’s mortgage or deed of trust;

             (3) A copy of any assignment, if applicable, of the borrower’s mortgage or deed of trust required to demonstrate the right of the mortgage servicer, mortgagee or beneficiary of the deed of trust to cause the trustee to exercise the trustee’s power of sale pursuant to NRS 107.080 or to commence a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430; and

             (4) A copy of the borrower’s payment history since the borrower was last less than 60 calendar days past due.

      2.  Unless a borrower has exhausted the process described in sections 12 and 13 of this act for applying for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary of the deed of the trust, not later than 5 business days after a notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080 or a civil action for the recovery of any debt, or for the enforcement of any right, under a residential mortgage loan that is not barred by NRS 40.430 is commenced, the mortgage servicer, mortgagee or beneficiary of the deed of trust that offers one or more foreclosure prevention alternatives must send to the borrower a written statement:

      (a) That the borrower may be evaluated for a foreclosure prevention alternative or, if applicable, foreclosure prevention alternatives;

      (b) Whether a complete application is required to be submitted by the borrower if the borrower wants to be considered for a foreclosure prevention alternative; and

      (c) Of the means and process by which a borrower may obtain an application for a foreclosure prevention alternative.

 


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      Sec. 11. 1.  A mortgage servicer, mortgagee, trustee, beneficiary of a deed of trust or an authorized agent of such a person may not record a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or commence a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan until:

      (a) The mortgage servicer, mortgagee or beneficiary of the deed of trust has satisfied the requirements of subsection 1 of section 10 of this act;

      (b) Thirty calendar days after initial contact is made with the borrower as required by subsection 2 or 30 calendar days after satisfying the requirements of subsection 5; and

      (c) The mortgage servicer, mortgagee or beneficiary of the deed of trust complies with sections 12 and 13 of this act, if the borrower submits an application for a foreclosure prevention alternative offered by, or through, the mortgage servicer, mortgagee or beneficiary.

      2.  The mortgage servicer shall contact the borrower in person or by telephone to assess the borrower’s financial situation and to explore options for the borrower to avoid a foreclosure sale. During the initial contact, the mortgage servicer shall advise the borrower that he or she has the right to request a subsequent meeting and, if requested, the mortgage servicer must schedule the meeting to occur within 14 calendar days after the request. The assessment of the borrower’s financial situation and discussion of the options to avoid a foreclosure sale may occur during the initial contact or at the subsequent meeting scheduled for that purpose. In either case, the borrower must be provided the toll-free telephone number made available by the United States Department of Housing and Urban Development to find a housing counseling agency certified by that Department. Any meeting pursuant to this subsection may occur by telephone.

      3.  The loss mitigation personnel of a mortgage servicer may participate by telephone during any contact with a borrower required by this section.

      4.  A borrower may designate, with consent given in writing, a housing counseling agency certified by the United States Department of Housing and Urban Development, an attorney or any other adviser to discuss with the mortgage servicer, on the borrower’s behalf, the borrower’s financial situation and options for the borrower to avoid a foreclosure sale. Contact with a person or agency designated by a borrower pursuant to this subsection satisfies the requirements of subsection 2. A foreclosure prevention alternative offered during any contact with a person or agency designated by a borrower pursuant to this subsection is subject to the approval of the borrower.

      5.  If a mortgage servicer has not contacted a borrower as required by subsection 2, a notice of default and election to sell may be recorded pursuant to subsection 2 of NRS 107.080 or a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan may be commenced, if the mortgage servicer has taken all the following actions:

      (a) The mortgage servicer attempts to contact the borrower by mailing by first-class mail to the borrower a letter informing the borrower of his or her right to discuss foreclosure prevention alternatives and providing the toll-free telephone number made available by the United States Department of Housing and Urban Development to find a housing counseling agency approved by that Department.

 


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toll-free telephone number made available by the United States Department of Housing and Urban Development to find a housing counseling agency approved by that Department.

      (b) After mailing the letter required by paragraph (a), the mortgage servicer attempts to contact the borrower by telephone at least 3 times at different hours on different days. Telephone calls made pursuant to this paragraph must be made to the primary telephone number of the borrower which is on file with the mortgage servicer. A mortgage servicer may attempt to contact a borrower pursuant to this paragraph by using an automated system to dial borrowers if, when the telephone call is answered, the call is connected to a live representative of the mortgage servicer. A mortgage servicer satisfies the requirements of this paragraph if it determines, after attempting to contact a borrower pursuant to this paragraph, that the primary telephone number of the borrower which is on file with the mortgage servicer and any secondary telephone numbers on file with the mortgage servicer have been disconnected.

      (c) If the borrower does not respond within 14 calendar days after the mortgage servicer satisfies the requirements of paragraph (b), the mortgage servicer sends, by certified mail, return receipt requested, or any other mailing process that requires a signature upon delivery, a letter that includes the information required by paragraph (a).

      (d) The mortgage servicer provides a means for the borrower to contact the mortgage servicer in a timely manner, including, without limitation, a toll-free telephone number that will provide access to a live representative during business hours.

      (e) The mortgage servicer posts on the homepage of its Internet website, if any, a prominent link to the following information:

             (1) Options that may be available to borrowers who are unable to afford payments under a residential mortgage loan and who wish to avoid a foreclosure sale, and instructions to such borrowers advising them on steps to take to explore those options.

             (2) A list of financial documents the borrower should collect and be prepared to present to the mortgage servicer when discussing options to avoid a foreclosure sale.

             (3) A toll-free telephone number for borrowers who wish to discuss with the mortgage servicer options for avoiding a foreclosure sale.

             (4) The toll-free telephone number made available by the United States Department of Housing and Urban Development to find a housing counseling agency certified by that Department.

      6.  If the property is subject to the requirements of sections 2 to 16, inclusive, of this act, a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or a complaint commencing a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan must contain a declaration that the mortgage servicer has contacted the borrower as required by subsection 2, has attempted to contact the borrower as required by subsection 5 or that no contact was required.

      Sec. 12. 1.  Not later than 5 business days after receiving an application for a foreclosure prevention alternative or any document in connection with such an application, a mortgage servicer, mortgagee or beneficiary of the deed of trust shall send to the borrower written acknowledgment of the receipt of the application or document.

 


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      2.  The mortgage servicer, mortgagee or beneficiary of the deed of trust shall include in the initial acknowledgment of receipt of an application for a foreclosure prevention alternative:

      (a) A description of the process for considering the application, including, without limitation, a statement that:

             (1) The mortgage servicer, mortgagee or beneficiary must either deny the application for a foreclosure prevention alternative or submit a written offer for a foreclosure prevention alternative within 30 calendar days after the borrower submits a complete application for a foreclosure prevention alternative; and

             (2) If the mortgage servicer, mortgagee or beneficiary submits to the borrower a written offer for a foreclosure prevention alternative, the borrower must accept or reject the offer within 14 calendar days after the borrower receives the offer, and the offer is deemed to be rejected if the borrower does not accept or reject the offer within 14 calendar days after the borrower receives the offer;

      (b) A statement of any deadlines that affect the processing of an application for a foreclosure prevention alternative, including, without limitation, the deadline for submitting any missing documentation; and

      (c) A statement of the expiration dates for any documents submitted by the borrower.

      3.  If a borrower submits an application for a foreclosure prevention alternative but does not initially submit all the documents or information required to complete the application, the mortgage servicer must:

      (a) Include in the initial acknowledgment of receipt of the application required by subsection 2 a statement of any deficiencies in the borrower’s application; and

      (b) Allow the borrower not less than 30 calendar days to submit any documents or information required to complete the application.

      Sec. 13. 1.  If a borrower submits an application for a foreclosure prevention alternative offered by, or through, the borrower’s mortgage servicer or mortgagee or the beneficiary of the deed of trust, then the mortgage servicer, mortgagee, trustee, beneficiary of the deed of trust or an authorized agent of such a person may not commence a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan, record a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or a notice of sale pursuant to subsection 4 of NRS 107.080, or conduct a foreclosure sale until one of the following has occurred:

      (a) The borrower fails to submit all the documents or information required to complete the application within 30 calendar days after the date of the initial acknowledgment of receipt of the application sent to the borrower pursuant to section 12 of this act.

      (b) The mortgage servicer, mortgagee or beneficiary of the deed of trust makes a written determination that the borrower is not eligible for a foreclosure prevention alternative, and any appeal period pursuant to subsection 5 has expired.

      (c) The borrower does not accept a written offer for a foreclosure prevention alternative within 14 calendar days after the date on which the offer is received by the borrower.

 


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      (d) The borrower accepts a written offer for a foreclosure prevention alternative, but defaults on, or otherwise breaches the borrower’s obligations under, the foreclosure prevention alternative.

      2.  Not later than 30 calendar days after the borrower submits a complete application for a foreclosure prevention alternative, the mortgage servicer shall submit to the borrower a written offer for a foreclosure prevention alternative or the written statement of the denial of the application described in subsection 4. The borrower must accept or reject the offer within 14 calendar days after the borrower receives the offer. If a borrower does not accept a written offer for a foreclosure prevention alternative within 14 calendar days after the borrower receives the offer for the foreclosure prevention alternative, the offer is deemed to be rejected.

      3.  If a borrower accepts an offer for a foreclosure prevention alternative, the mortgage servicer must provide the borrower with a copy of the complete agreement evidencing the foreclosure prevention alternative, signed by the mortgagee or beneficiary of the deed of trust or an agent or authorized representative of the mortgagee or beneficiary.

      4.  If a borrower submits a complete application for a foreclosure prevention alternative and the borrower’s application is denied, the mortgage servicer must send to the borrower a written statement of:

      (a) The reason or reasons for the denial;

      (b) The amount of time the borrower has to request an appeal of the denial, which must be not less than 30 days; and

      (c) Instructions regarding how to appeal the denial, including, without limitation, how to provide evidence that the denial was in error.

      5.  If a borrower submits a complete application for a foreclosure prevention alternative and the borrower’s application is denied, the mortgage servicer, mortgagee, trustee, beneficiary of the deed of trust, or an authorized agent of such a person may not commence a civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan, record a notice of default and election to sell pursuant to subsection 2 of NRS 107.080 or a notice of sale pursuant to subsection 4 of NRS 107.080, or conduct a foreclosure sale until the later of:

      (a) Thirty-one calendar days after the borrower is sent the written statement required by subsection 4; and

      (b) If the borrower appeals the denial, the later of:

             (1) Fifteen calendar days after the denial of the appeal;

             (2) If the appeal is successful, 14 calendar days after a first lien loan modification or another foreclosure prevention alternative offered after appeal is rejected by the borrower; and

             (3) If the appeal is successful and a first lien loan modification or another foreclosure prevention alternative is offered and accepted, the date on which the borrower fails to timely submit the first payment or otherwise breaches the terms of the offer.

      6.  If the borrower appeals the denial of a complete application for a foreclosure prevention alternative, not later than 30 calendar days after the borrower requests the appeal, the mortgage servicer must submit to the borrower a written offer for a foreclosure prevention alternative or a written denial of the appeal. The borrower must accept or reject the offer within 14 calendar days after the borrower receives the offer. If a borrower does not accept a written offer for a foreclosure prevention alternative within 14 calendar days after the borrower receives the written offer for the foreclosure prevention alternative, the offer is deemed to be rejected.

 


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within 14 calendar days after the borrower receives the written offer for the foreclosure prevention alternative, the offer is deemed to be rejected.

      7.  A mortgage servicer shall not charge or collect any:

      (a) Application, processing or other fee for a foreclosure prevention alternative; or

      (b) Late fees for periods during which:

             (1) A foreclosure prevention alternative is under consideration or a denial is being appealed;

             (2) The borrower is making timely payments under a foreclosure prevention alternative; or

             (3) A foreclosure prevention alternative is being evaluated or exercised.

      8.  A mortgage servicer is not required to evaluate an application from a borrower who has already been evaluated or afforded a fair opportunity to be evaluated for a foreclosure prevention alternative before October 1, 2013, or who has been evaluated or afforded a fair opportunity to be evaluated consistent with the requirements of this section, unless:

      (a) There has been a material change in the borrower’s financial circumstances since the date of the borrower’s previous application; and

      (b) That change is documented by the borrower and submitted to the mortgage servicer.

      9.  For purposes of this section, an application is complete when a borrower has supplied the mortgage servicer with all documents required by the mortgage servicer within the reasonable timeframes specified by the mortgage servicer.

      Sec. 14. 1.  If a borrower requests a foreclosure prevention alternative, the mortgage servicer must promptly establish a single point of contact and provide to the borrower one or more direct means of communication with the single point of contact.

      2.  A single point of contact is responsible for:

      (a) Communicating the process by which a borrower may apply for an available foreclosure prevention alternative and the deadline for any required submissions to be considered for the foreclosure prevention alternatives.

      (b) Coordinating receipt of all documents associated with the available foreclosure prevention alternatives and notifying the borrower of any missing documents necessary to complete an application for a foreclosure prevention alternative.

      (c) Having access to current information and personnel sufficient to timely, accurately and adequately inform the borrower of the current status of the foreclosure prevention alternative.

      (d) Ensuring that the borrower is considered for all foreclosure prevention alternatives offered by, or through, the mortgage servicer and for which the borrower is or may be eligible.

      (e) Having access to a person or persons with the ability and authority to stop the foreclosure process when necessary.

      3.  A single point of contact must remain assigned to the borrower’s account until the mortgage servicer determines that all foreclosure prevention alternatives offered by, or through, the mortgage servicer have been exhausted or the borrower’s account becomes current.

 


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      4.  The mortgage servicer shall ensure that a single point of contact refers and transfers a borrower to an appropriate supervisor upon request of the borrower, if the single point of contact has a supervisor.

      5.  If the responsibilities of a single point of contact are performed by a team of personnel, the mortgage servicer must ensure that each member of the team is knowledgeable about the borrower’s situation and current status in the process of seeking a foreclosure prevention alternative.

      6.  As used in this section, “single point of contact” means a natural person or a team of personnel each of whom has the ability and authority to perform the responsibilities described in this section.

      Sec. 15. 1.  A civil action for a foreclosure sale pursuant to NRS 40.430 involving a failure to make a payment required by a residential mortgage loan must be dismissed without prejudice, any notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 must be rescinded, and any pending foreclosure sale must be cancelled, if:

      (a) The borrower accepts a permanent foreclosure prevention alternative;

      (b) A notice of sale is not recorded within 9 months after the notice of default and election to sell is recorded pursuant to subsection 2 of NRS 107.080; or

      (c) A foreclosure sale is not conducted within 90 calendar days after a notice of sale is recorded pursuant to subsection 4 of NRS 107.080.

      2.  The periods specified in paragraphs (b) and (c) of subsection 1 are tolled:

      (a) If a borrower has filed a case under 11 U.S.C. Chapter 7, 11, 12 or 13, until the bankruptcy court enters an order closing or dismissing the bankruptcy case or granting relief from a stay of foreclosure or trustee’s sale;

      (b) If mediation pursuant to NRS 107.086 is required, until the date on which the Mediation Administrator, as defined in NRS 107.086, issues the certificate that mediation has been completed in the matter;

      (c) If mediation pursuant to section 18 of this act is required or if a court orders participation in a settlement program, until the date on which the mediation or participation in a settlement program is terminated; or

      (d) If a borrower has submitted an application for a foreclosure prevention alternative, until the date on which:

             (1) A written offer for a foreclosure prevention alternative is submitted to the borrower;

             (2) A written statement of the denial of the application has been submitted to the borrower pursuant to subsection 4 of section 13 of this act, and any appeal period pursuant to subsection 5 of section 13 of this act has expired; or

             (3) If the borrower has appealed the denial of an application for a foreclosure prevention alternative, a written offer for a foreclosure prevention alternative or a written denial of the appeal is submitted to the borrower.

      3.  If, pursuant to subsection 1, a civil action is dismissed, a notice of default and election to sell recorded pursuant to subsection 2 of NRS 107.080 or any notice of sale recorded pursuant to subsection 4 of NRS 107.080 is rescinded, or any pending foreclosure sale is cancelled, the mortgagee or beneficiary of the deed of trust is thereupon restored to its former position and has the same rights as though an action for a judicial foreclosure had not been commenced or a notice of default and election to sell had not been recorded.

 


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former position and has the same rights as though an action for a judicial foreclosure had not been commenced or a notice of default and election to sell had not been recorded.

      Sec. 16. 1.  If a trustee’s deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of sections 2 to 16, inclusive, of this act. If a sheriff has not recorded the certificate of the sale of the property, a borrower may obtain an injunction to enjoin a material violation of sections 2 to 16, inclusive, of this act. An injunction issued pursuant to this subsection remains in place and any foreclosure sale must be enjoined until the court determines that the mortgage servicer, mortgagee, beneficiary of the deed of trust or an authorized agent of such a person has corrected and remedied the violation giving rise to the action for injunctive relief. An enjoined person may move to dissolve an injunction based on a showing that the material violation has been corrected and remedied.

      2.  After a trustee’s deed upon sale has been recorded or after a sheriff has recorded the certificate of the sale of the property, a borrower may bring a civil action in the district court in the county in which the property is located to recover his or her actual economic damages resulting from a material violation of sections 2 to 16, inclusive, of this act by the mortgage servicer, mortgagee, beneficiary of the deed of trust or an authorized agent of such a person, if the material violation was not corrected and remedied before the recording of the trustee’s deed upon sale or the recording of the certificate of sale of the property pursuant to NRS 40.430. If the court finds that the material violation was intentional or reckless, or resulted from willful misconduct by a mortgage servicer, mortgagee, beneficiary of the deed of trust or an authorized agent of such a person, the court may award the borrower the greater of treble actual damages or statutory damages of $50,000.

      3.  A mortgage servicer, mortgagee, beneficiary of the deed of trust or an authorized agent of such a person is not liable for any violation of sections 2 to 16, inclusive, of this act that it has corrected and remedied, or that has been corrected and remedied on its behalf by a third party, before the recording of the trustee’s deed upon sale or the recording of the certificate of sale of the property pursuant to NRS 40.430.

      4.  A violation of sections 2 to 16, inclusive, of this act does not affect the validity of a sale to a bona fide purchaser for value and any of its encumbrancers for value without notice.

      5.  A signatory to a consent judgment entered in the case entitled United States of America et al. v. Bank of America Corporation et al., filed in the United States District Court for the District of Columbia, case number 1:12-cv-00361 RMC, that is in compliance with the relevant terms of the Settlement Term Sheet of that consent judgment with respect to the borrower while the consent judgment is in effect is deemed to be in compliance with sections 2 to 16, inclusive, of this act and is not liable for a violation of sections 2 to 16, inclusive, of this act. If, on or after October 1, 2013, the consent judgment is modified or amended to permit compliance with the relevant provisions of 12 C.F.R. Part 1024, commonly known as Regulation X, and 12 C.F.R. Part 1026, commonly known as Regulation Z, as those regulations are amended by the Final Servicing Rules issued by the Consumer Financial Protection Bureau in 78 Federal Register 10,696 on February 14, 2013, and any amendments thereto, to supersede some or all of the relevant terms of the Settlement Term Sheet of the consent judgment:

 


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amendments thereto, to supersede some or all of the relevant terms of the Settlement Term Sheet of the consent judgment:

      (a) A signatory who is in compliance with the modified or amended Settlement Term Sheet of the consent judgment while the consent judgment is in effect is deemed to be in compliance with sections 2 to 16, inclusive, of this act and is not liable for a violation of sections 2 to 16, inclusive, of this act.

      (b) Any mortgage servicer, mortgagee or beneficiary of the deed of trust or an authorized agent of such a person who complies with the relevant provisions of 12 C.F.R. Part 1024, commonly known as Regulation X, and 12 C.F.R. Part 1026, commonly known as Regulation Z, as those regulations are amended by the Final Servicing Rules issued by the Consumer Financial Protection Bureau in 78 Federal Register 10,696 on February 14, 2013, and any amendments thereto, is deemed to be in compliance with sections 2 to 16, inclusive, of this act and is not liable for a violation of sections 2 to 16, inclusive, of this act.

      6.  A court may award a prevailing borrower costs and reasonable attorney’s fees in an action brought pursuant to this section.

      7.  The rights, remedies and procedures provided by this section are in addition to and independent of any other rights, remedies or procedures provided by law.

      Sec. 16.5. 1.  No provision of the laws of this State may be construed to require a sale in lieu of a foreclosure sale to be an arm’s length transaction or to prohibit a sale in lieu of a foreclosure sale that is not an arm’s length transaction.

      2.  As used in this section, “sale in lieu of a foreclosure sale” has the meaning ascribed to it in NRS 40.4634.

      Sec. 17. NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 106.210, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) Except as otherwise provided in paragraph (b), in the case of any trust agreement coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.

      (b) In the case of any trust agreement which concerns owner-occupied housing as defined in NRS 107.086, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period that commences in the manner and subject to the requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.

 


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requirements described in subsection 3 and expires 5 days before the date of sale, failed to make good the deficiency in performance or payment.

      (c) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of the county wherein the trust property, or some part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation which, except as otherwise provided in this paragraph, includes a notarized affidavit of authority to exercise the power of sale stating, based on personal knowledge and under the penalty of perjury:

             (1) The full name and business address of the trustee or the trustee’s personal representative or assignee, the current holder of the note secured by the deed of trust, the current beneficiary of record and the servicers of the obligation or debt secured by the deed of trust;

             (2) The full name and last known business address of every prior known beneficiary of the deed of trust;

             (3) That the beneficiary under the deed of trust, the successor in interest of the beneficiary or the trustee is in actual or constructive possession of the note secured by the deed of trust;

             (4) That the trustee has the authority to exercise the power of sale with respect to the property pursuant to the instruction of the beneficiary of record and the current holder of the note secured by the deed of trust;

             (5) The amount in default, the principal amount of the obligation or debt secured by the deed of trust, a good faith estimate of all fees imposed and to be imposed because of the default and the costs and fees charged to the debtor in connection with the exercise of the power of sale; and

             (6) The date, recordation number or other unique designation of the instrument that conveyed the interest of each beneficiary and a description of the instrument that conveyed the interest of each beneficiary.

Ê The affidavit described in this paragraph is not required for the exercise of the trustee’s power of sale with respect to any trust agreement which concerns a time share within a time share plan created pursuant to chapter 119A of NRS if the power of sale is being exercised for the initial beneficiary under the deed of trust or an affiliate of the initial beneficiary.

      (d) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2, or the period provided in paragraph (b) of subsection 2, commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of the county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property. The notice of default and election to sell must:

      (a) Describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; [and]

 


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the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2; [and]

      (b) If the property is subject to the requirements of sections 2 to 16, inclusive, of this act, contain the declaration required by subsection 6 of section 11 of this act; and

      (c) If the property is a residential foreclosure, comply with the provisions of NRS 107.087.

      4.  The trustee, or other person authorized to make the sale under the terms of the trust deed or transfer in trust, shall, after expiration of the 3-month period following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS, the State Board of Health, by personal service or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in the county where the property is situated;

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in the county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560; and

      (d) If the property is a residential foreclosure, complying with the provisions of NRS 107.087.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. A sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section or any applicable provision of NRS 107.086 and 107.087;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within [90] 45 days after the date of the sale; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of the county where the sale took place within [30] 15 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within [120] 60 days after the date on which the person received actual notice of the sale.

      7.  If, in an action brought by the grantor or the person who holds title of record in the district court in and for the county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

 


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beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

      (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

      (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

      (c) Reasonable attorney’s fees and costs,

Ê unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.

      8.  The sale of a lease of a dwelling unit of a cooperative housing corporation vests in the purchaser title to the shares in the corporation which accompany the lease.

      9.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located; or

      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of the county in which the property is located.

      10.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection 9, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 9 and for reasonable attorney’s fees and the costs of bringing the action.

      11.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:

      (a) A fee of $150 for deposit in the State General Fund.

      (b) A fee of $45 for deposit in the Account for Foreclosure Mediation, which is hereby created in the State General Fund. The Account must be administered by the Court Administrator, and the money in the Account may be expended only for the purpose of supporting a program of foreclosure mediation established by Supreme Court Rule.

      (c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.

      12.  The fees collected pursuant to paragraphs (a) and (b) of subsection 11 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation as prescribed pursuant to subsection 11.

 


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before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation as prescribed pursuant to subsection 11. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 11.

      13.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 11.

      14.  As used in this section:

      (a) “Residential foreclosure” means the sale of a single family residence under a power of sale granted by this section. As used in this paragraph, “single family residence”:

             (1) Means a structure that is comprised of not more than four units.

             (2) Does not include vacant land or any time share or other property regulated under chapter 119A of NRS.

      (b) “Trustee” means the trustee of record.

      Sec. 18. Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If a civil action for a foreclosure sale pursuant to NRS 40.430 affecting owner-occupied housing is commenced in a court of competent jurisdiction:

      (a) The copy of the complaint served on the mortgagor must include a separate document containing:

             (1) Contact information which the mortgagor may use to reach a person with authority to negotiate a loan modification on behalf of the plaintiff;

             (2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development;

             (3) A notice provided by the Mediation Administrator indicating that the mortgagor has the right to seek mediation pursuant to this section; and

             (4) A form upon which the mortgagor may indicate an election to enter into mediation or to waive mediation pursuant to this section and one envelope addressed to the plaintiff and one envelope addressed to the Mediation Administrator, which the mortgagor may use to comply with the provisions of subsection 2; and

      (b) The plaintiff must submit a copy of the complaint to the Mediation Administrator.

      2.  The mortgagor shall, not later than the date on which an answer to the complaint is due, complete the form required by subparagraph (4) of paragraph (a) of subsection 1 and file the form with the court and return a copy of the form to the plaintiff by certified mail, return receipt requested. If the mortgagor indicates on the form an election to enter into mediation, the plaintiff shall notify any person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the election of the mortgagor to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation.

 


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mortgagor to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. The judicial foreclosure action must be stayed until the completion of the mediation. If the mortgagor indicates on the form an election to waive mediation or fails to file the form with the court and return a copy of the form to the plaintiff as required by this subsection, no mediation is required in the action.

      3.  Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 8 of NRS 107.086. The plaintiff or a representative, and the mortgagor or his or her representative, shall attend the mediation. If the plaintiff is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the plaintiff or have access at all times during the mediation to a person with such authority.

      4.  If the plaintiff or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not have the authority or access to a person with the authority required by subsection 3, the mediator shall prepare and submit to the Mediation Administrator and the court a petition and recommendation concerning the imposition of sanctions against the plaintiff or the representative. The court may issue an order imposing such sanctions against the plaintiff or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.

      5.  If the mortgagor elected to enter into mediation and fails to attend the mediation, no mediation is required and the judicial foreclosure action must proceed as if the mortgagor had not elected to enter into mediation.

      6.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the court and the Mediation Administrator a recommendation that the mediation be terminated. The court may terminate the mediation and proceed with the judicial foreclosure action.

      7.  The rules adopted by the Supreme Court pursuant to subsection 8 of NRS 107.086 apply to a mediation conducted pursuant to this section, and the Supreme Court may adopt any additional rules necessary to carry out the provisions of this section.

      8.  Except as otherwise provided in subsection 10, the provisions of this section do not apply if:

      (a) The mortgagor has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or

      (b) A petition in bankruptcy has been filed with respect to the defendant under 11 U.S.C. Chapter 7, 11, 12 or 13 and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.

      9.  A noncommercial lender is not excluded from the application of this section.

 


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      10.  The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

      11.  As used in this section:

      (a) “Mediation Administrator” has the meaning ascribed to it in NRS 107.086.

      (b) “Noncommercial lender” has the meaning ascribed to it in NRS 107.086.

      (c) “Owner-occupied housing” has the meaning ascribed to it in NRS 107.086.

      Sec. 19. NRS 40.430 is hereby amended to read as follows:

      40.430  1.  Except in cases where a person proceeds under subsection 2 of NRS 40.495 or subsection 1 of NRS 40.512, and except as otherwise provided in NRS 118C.220, there may be but one action for the recovery of any debt, or for the enforcement of any right secured by a mortgage or other lien upon real estate. That action must be in accordance with the provisions of NRS 40.430 to 40.459, inclusive [.] , and section 18 of this act. In that action, the judgment must be rendered for the amount found due the plaintiff, and the court, by its decree or judgment, may direct a sale of the encumbered property, or such part thereof as is necessary, and apply the proceeds of the sale as provided in NRS 40.462.

      2.  This section must be construed to permit a secured creditor to realize upon the collateral for a debt or other obligation agreed upon by the debtor and creditor when the debt or other obligation was incurred.

      3.  At any time not later than 5 business days before the date of sale directed by the court, if the deficiency resulting in the action for the recovery of the debt has arisen by failure to make a payment required by the mortgage or other lien, the deficiency may be made good by payment of the deficient sum and by payment of any costs, fees and expenses incident to making the deficiency good. If a deficiency is made good pursuant to this subsection, the sale may not occur.

      4.  A sale directed by the court pursuant to subsection 1 must be conducted in the same manner as the sale of real property upon execution, by the sheriff of the county in which the encumbered land is situated, and if the encumbered land is situated in two or more counties, the court shall direct the sheriff of one of the counties to conduct the sale with like proceedings and effect as if the whole of the encumbered land were situated in that county.

      5.  Within 30 days after a sale of property is conducted pursuant to this section, the sheriff who conducted the sale shall record the sale of the property in the office of the county recorder of the county in which the property is located.

      6.  As used in this section, an “action” does not include any act or proceeding:

      (a) To appoint a receiver for, or obtain possession of, any real or personal collateral for the debt or as provided in NRS 32.015.

      (b) To enforce a security interest in, or the assignment of, any rents, issues, profits or other income of any real or personal property.

      (c) To enforce a mortgage or other lien upon any real or personal collateral located outside of the State which does not, except as required under the laws of that jurisdiction, result in a personal judgment against the debtor.

 


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      (d) For the recovery of damages arising from the commission of a tort, including a recovery under NRS 40.750, or the recovery of any declaratory or equitable relief.

      (e) For the exercise of a power of sale pursuant to NRS 107.080.

      (f) For the exercise of any right or remedy authorized by chapter 104 of NRS or by the Uniform Commercial Code as enacted in any other state.

      (g) For the exercise of any right to set off, or to enforce a pledge in, a deposit account pursuant to a written agreement or pledge.

      (h) To draw under a letter of credit.

      (i) To enforce an agreement with a surety or guarantor if enforcement of the mortgage or other lien has been automatically stayed pursuant to 11 U.S.C. § 362 or pursuant to an order of a federal bankruptcy court under any other provision of the United States Bankruptcy Code for not less than 120 days following the mailing of notice to the surety or guarantor pursuant to subsection 1 of NRS 107.095.

      (j) To collect any debt, or enforce any right, secured by a mortgage or other lien on real property if the property has been sold to a person other than the creditor to satisfy, in whole or in part, a debt or other right secured by a senior mortgage or other senior lien on the property.

      (k) Relating to any proceeding in bankruptcy, including the filing of a proof of claim, seeking relief from an automatic stay and any other action to determine the amount or validity of a debt.

      (l) For filing a claim pursuant to chapter 147 of NRS or to enforce such a claim which has been disallowed.

      (m) Which does not include the collection of the debt or realization of the collateral securing the debt.

      (n) Pursuant to NRS 40.507 or 40.508.

      (o) Which is exempted from the provisions of this section by specific statute.

      (p) To recover costs of suit, costs and expenses of sale, attorneys’ fees and other incidental relief in connection with any action authorized by this subsection.

      Sec. 20. NRS 40.433 is hereby amended to read as follows:

      40.433  As used in NRS 40.430 to 40.459, inclusive, and section 18 of this act, unless the context otherwise requires, a “mortgage or other lien” includes a deed of trust, but does not include a lien which arises pursuant to chapter 108 of NRS, pursuant to an assessment under chapter 116, 117, 119A or 278A of NRS or pursuant to a judgment or decree of any court of competent jurisdiction.

      Secs. 21-29. (Deleted by amendment.)

      Sec. 30.  1.  Sections 2 to 16, inclusive, of this act apply only with respect to trust agreements for which a notice of default is recorded on or after October 1, 2013, and to a judicial foreclosure action commenced on or after October 1, 2013.

      2.  The amendatory provisions of section 17 of this act apply only with respect to trust agreements for which a notice of default is recorded on or after October 1, 2013.

      3.  The amendatory provisions of section 18 of this act apply only to an action commenced on or after October 1, 2013.

      Sec. 31. (Deleted by amendment.)

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