[Rev. 10/24/2013 8:08:19 PM--2013]

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CHAPTER 404, AB 54

Assembly Bill No. 54–Committee on Judiciary

 

CHAPTER 404

 

[Approved: June 3, 2013]

 

AN ACT relating to courts; authorizing a board of county commissioners to impose by ordinance a filing fee relating to actions and proceedings in the justice court to offset the costs of operating a law library established in the county; requiring the county treasurer to deposit the filing fees received into a special account to be used to support the operation of such a law library; revising certain fees in the justice court; requiring the county treasurer to deposit a portion of such fees received from justice courts into a special account to be used for certain purposes; requiring the county treasurer to reduce annually the amount deposited into the special account in certain circumstances; requiring each justice court that collects fees to submit an annual report to the board of county commissioners; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of any county to establish by ordinance a law library to be governed and managed by a board of law library trustees. (NRS 380.010) Section 1 of this bill authorizes a board of county commissioners to impose by ordinance a filing fee relating to actions and proceedings in the justice court, in an amount not to exceed $8, to offset a portion of the costs of operating such a law library. Section 1 also provides that in a county in which such a fee has been imposed, the justice of the peace shall, on a monthly basis, pay to the county treasurer any such fees collected during the preceding month. The county treasurer is required to deposit the fees received into a special account administered by the county and maintained for the benefit of such a law library.

      Existing law requires each justice of the peace to charge and collect certain fees for various civil actions, proceedings and filings in the justice court. For actions and proceedings other than small claims, the amount of the fees charged and collected is based upon the sum claimed in the action or proceeding. Each justice of the peace is required to pay to the county treasurer all such fees charged and collected, with certain exceptions. (NRS 4.060) Section 1.5 of this bill increases the amount of certain fees charged and collected by the justice court and revises the tiers upon which certain fees are based.

      Section 1.5 also requires the county treasurer to deposit 25 percent of the fees received from justices of the peace into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in the account must be used only: (1) for purposes generally related to the acquisition of land or facilities or the construction or renovation of facilities for a justice court or a multi-use facility that includes a justice court; (2) to acquire advanced technology for the use of a justice court; (3) to acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts; (4) to pay for the training of staff or the hiring of additional staff to support the operation of a justice court; and (5) to pay for one-time projects for the improvement of a justice court. Section 1.5 also requires: (1) the county treasurer to reduce on an annual basis, if necessary, the amount deposited into the special account in certain circumstances; and (2) each justice court that collects fees to submit to the board of county commissioners of the county in which the justice court is located an annual report that contains certain information.

 


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ê2013 Statutes of Nevada, Page 2204 (Chapter 404, AB 54)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 4 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to any other fee required by law, a board of county commissioners may impose by ordinance a filing fee to offset a portion of the costs of operating a law library established in that county by the board of county commissioners pursuant to NRS 380.010, in an amount not to exceed $8, to be paid on the commencement of any action or proceeding in the justice court for which a filing fee is required and on the filing of any answer or appearance in any such action or proceeding for which a filing fee is required.

      2.  On or before the fifth day of each month, in a county in which a fee has been imposed pursuant to subsection 1, the justice of the peace shall account for and pay over to the county treasurer any such fees collected by the justice of the peace during the preceding month. The county treasurer shall deposit the fees received into a special account administered by the county and maintained for the benefit of a law library established pursuant to NRS 380.010. The money in the account must be used only to support the operation of such a law library.

      Sec. 1.5. NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

 

If the sum claimed does not exceed [$1,000...................................... $28.00

If the sum claimed exceeds $1,000 but does not exceed] $2,500...... 50.00

If the sum claimed exceeds $2,500 but does not exceed [$4,500] $5,000 100.00

[If the sum claimed exceeds $4,500 but does not exceed $6,500.... 125.00

If the sum claimed exceeds $6,500 but does not exceed $7,500.... 150.00]

If the sum claimed exceeds [$7,500] $5,000 but does not exceed $10,000 175.00

In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to quit has been served pursuant to NRS 40.255....................................... 225.00

In all other civil actions............................................................ [28.00] 50.00

 

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

 

 


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If the sum claimed does not exceed $1,000....................... [$25.00] $45.00

If the sum claimed exceeds $1,000 but does not exceed $2,500 [45.00] 65.00

If the sum claimed exceeds $2,500 but does not exceed $5,000 [65.00] 85.00

If the sum claimed exceeds $5,000 but does not exceed $7,500...... 125.00

 

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:

 

In all civil actions.................................................................. [$12.00] $50.00

For every additional defendant, appearing separately.......... [6.00] 25.00

 

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention......................... [$6.00] $25.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court , other than a writ of restitution [$6.00] $25.00

      (g) For the issuance of any writ of restitution................................... $75.00

      (h) For filing a notice of appeal, and appeal bonds.............. [$12.00] $25.00

             One charge only may be made if both papers are filed at the same time.

      [(h)](i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court  [$12.00] $25.00

      [(i)](j) For preparation and transmittal of transcript and papers on appeal. [$12.00] $25.00

      [(j)](k) For celebrating a marriage and returning the certificate to the county recorder or county clerk    $50.00

      [(k)](l) For entering judgment by confession........................ [$6.00] $50.00

      [(l)](m) For preparing any copy of any record, proceeding or paper, for each page     [$.30] $.50

      [(m)](n) For each certificate of the clerk, under the seal of the court. $3.00

      [(n)](o) For searching records or files in his or her office, for each year $1.00

      [(o)](p) For filing and acting upon each bail or property bond [$40.00] $50.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.

      3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph [(j)] (k) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.

      4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.

 


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ê2013 Statutes of Nevada, Page 2206 (Chapter 404, AB 54)ê

 

fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.

      5.  The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

      (a) An amount equal to $5 of each fee collected pursuant to paragraph [(j)] (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.

      (b) One-half of the fees collected pursuant to paragraph [(o)] (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.

      6.  Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to:

      (a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (e) Acquire advanced technology for the use of a justice court;

      (f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts;

      (g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court;

      (h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and

      (i) Pay for one-time projects for the improvement of a justice court.

Ê Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.

      7.  The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.

 


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ê2013 Statutes of Nevada, Page 2207 (Chapter 404, AB 54)ê

 

      8.  Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains:

      (a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and

      (b) A proposal for any expenditures by the justice court from the special account for the following fiscal year.

      Sec. 2.  This act becomes effective on July 1, 2013.

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CHAPTER 405, AB 86

Assembly Bill No. 86–Assemblymen Daly, Carrillo; Elliot Anderson, Benitez-Thompson, Bobzien, Cohen, Hansen, Healey and Sprinkle

 

Joint Sponsor: Senator Smith

 

CHAPTER 405

 

[Approved: June 3, 2013]

 

AN ACT relating to contractors; requiring the State Contractors’ Board to notify a licensed contractor against whom a judgment has been obtained for failure to pay contributions to the Unemployment Compensation Fund or who is not in compliance with certain provisions governing industrial insurance and insurance for occupational diseases; requiring the Board to suspend or revoke the license of a contractor who fails to demonstrate that such a judgment has been satisfied or that he or she is in compliance with such provisions; restricting the actions of a contractor whose license has been suspended for failure to satisfy such a judgment or to demonstrate compliance with such provisions; requiring the Board to further suspend or revoke the license of a contractor who engages in prohibited activity; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      With certain exceptions, each employer, including each contractor, is required to contribute to the Unemployment Compensation Fund. (NRS 612.535) Each contractor who has employees, is a subcontractor for a principal contractor, or submits a bid on a job for a principal contractor or subcontractor is also required to: (1) maintain industrial insurance and insurance for occupational diseases; (2) obtain a certificate of qualification as a self-insured employer from the Commissioner of Insurance; or (3) maintain membership in an association of self-insured employers. (Chapters 616A-617 of NRS, NRS 624.256) Existing law requires: (1) the Administrator of the Division of Industrial Relations of the Department of Business and Industry to provide timely notice to the State Contractors’ Board if a contractor’s industrial insurance coverage has lapsed; and (2) the Commissioner of Insurance to provide timely notice to both the Administrator and the Board if a contractor’s certificate of qualification as a self-insured employer is cancelled or withdrawn, or the contractor is no longer a member of an association of self-insured public or private employers. (NRS 616B.630)

 


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ê2013 Statutes of Nevada, Page 2208 (Chapter 405, AB 86)ê

 

      Section 8 of this bill requires the Board, if applicable, to notify each licensed contractor against whom a judgment has been obtained for failure to pay contributions to the Unemployment Compensation Fund or who fails to meet the requirements to provide and maintain industrial insurance and insurance for occupational diseases that the contractor’s license will be suspended if the contractor fails to furnish proof by a certain date that he or she is in compliance with these requirements. Section 8 also requires that the Board suspend the license of any contractor who fails to furnish proof by a certain date that the contractor has satisfied a judgment for failure to pay contributions to the Unemployment Compensation Fund or that the contractor is in compliance with the requirements to provide and maintain industrial insurance and insurance for occupational diseases until the contractor whose license has been suspended satisfies the judgment or demonstrates compliance with those requirements. Section 8 further provides that if a contractor’s license is suspended for failure to satisfy a judgment for failure to pay contributions to the Unemployment Compensation Fund or to meet the requirements to provide and maintain industrial insurance and insurance for occupational diseases: (1) the contractor is required to submit to the Board a list of all the projects for which a contract was entered into before the date of the notice of the suspension; (2) the contractor is prohibited from submitting any bids for any new work or beginning work on a project not described on the list; and (3) the contractor’s name is removed from certain lists of contractors eligible to bid on public works projects until the suspension is lifted. Section 8 provides for the extended suspension or revocation of the license of a contractor who fails to submit a complete list of projects, submits an unauthorized bid or begins work on an unauthorized project. Finally, section 8 provides for the suspension and revocation of the license of a contractor who fails to satisfy a judgment for failure to contribute to the Unemployment Compensation Fund or to provide and maintain industrial insurance and insurance for occupational diseases twice within a 5-year period.

      Section 8.5 of this bill requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to notify the Board of any contractor against whom a duly filed judgment has been obtained for failure to pay contributions to the Unemployment Compensation Fund.

 

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 1-7. (Deleted by amendment.)

      Sec. 8. NRS 624.256 is hereby amended to read as follows:

      624.256  1.  Before granting an original or renewal of a contractor’s license to any applicant, the Board shall require that the applicant submit to the Board:

      (a) Proof of industrial insurance and insurance for occupational diseases which covers the applicant’s employees;

      (b) A copy of the applicant’s certificate of qualification as a self-insured employer which was issued by the Commissioner of Insurance;

      (c) If the applicant is a member of an association of self-insured public or private employers, a copy of the certificate issued to the association by the Commissioner of Insurance; or

      (d) An affidavit signed by the applicant affirming that he or she is not subject to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS because the applicant:

 


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ê2013 Statutes of Nevada, Page 2209 (Chapter 405, AB 86)ê

 

             (1) Has no employees;

             (2) Is not or does not intend to be a subcontractor for a principal contractor; and

             (3) Has not or does not intend to submit a bid on a job for a principal contractor or subcontractor.

      2.  The Board shall notify the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420 whenever the Board learns that an applicant or holder of a contractor’s license has engaged in business as or acted in the capacity of a contractor within this State without having obtained or maintained industrial insurance or insurance for occupational diseases in violation of the provisions of chapters 616A to 617, inclusive, of NRS.

      3.  Failure by an applicant or holder of a contractor’s license to file or maintain in full force the required industrial insurance and insurance for occupational diseases constitutes cause for the Board to deny, revoke, suspend, refuse to renew or otherwise discipline the person, unless the person has complied with the provisions set forth in paragraph (d) of subsection 1.

      4.  As soon as practicable, but not more than 3 business days after receiving notice from the Department of Employment, Training and Rehabilitation pursuant to section 8.5 of this act that a judgment has been obtained against a contractor for failure to pay contributions to the Unemployment Compensation Fund or from the Division of Industrial Relations of the Department of Business and Industry pursuant to NRS 616B.630 that a contractor is not in full compliance with the requirements of chapters 616A to 617, inclusive, of NRS, the Board shall notify the contractor by mail at the last known address of the contractor, as it appears in the records of the Board, that the Board will suspend the license of the contractor if the contractor does not furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to section 8.5 of this act or is in full compliance with the requirements of chapters 616A to 617, inclusive, of NRS.

      5.  If the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board pursuant to subsection 4, that the contractor has satisfied the judgment reported to the Board pursuant to section 8.5 of this act or is in full compliance with the requirements of chapters 616A to 617, inclusive, of NRS, the Board shall, as soon as practicable, but not more than 3 business days after the expiration of the 30-day period, for a first offense:

      (a) Summarily suspend the license of the contractor without further notice pursuant to subsection 4 of NRS 624.291; and

      (b) Require the contractor to submit to the Board a list of all projects for which the contractor has unfulfilled contractual obligations where the contract was entered into on or before the date of the notice sent by the Board pursuant to subsection 4.

      6.  If a contractor’s license is suspended pursuant to paragraph (a) of subsection 5:

      (a) The suspension must continue until the contractor furnishes proof that the contractor has satisfied the judgment reported to the Board pursuant to section 8.5 of this act or is in full compliance with the requirements of chapters 616A to 617, inclusive, of NRS;

 


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      (b) During the term of the suspension, the contractor shall not submit any bids for any new work or begin work on any project not described in the list submitted to the Board pursuant to paragraph (b) of subsection 5; and

      (c) The Board shall notify:

             (1) The Office of the Labor Commissioner, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are disqualified to bid on public works; and

             (2) The State Public Works Board, which shall, as soon as practicable, but not more than 3 business days after receipt of the notice, add the name of the contractor to the list of contractors who are not prequalified to bid on public works.

      7.  If the name of a contractor is added to a list pursuant to paragraph (c) of subsection 6, the Office of the Labor Commissioner or the State Public Works Board, as applicable, shall remove the name from the list when notified by the Board that the suspension has been lifted pursuant to paragraph (a) of subsection 6.

      8.  If the Board finds that a contractor has failed to provide a complete list of projects in accordance with paragraph (b) of subsection 5 or has violated paragraph (b) of subsection 6, the Board shall:

      (a) For a first offense, suspend the contractor’s license for an additional 12 months after the contractor furnishes the proof described in paragraph (a) of subsection 6; and

      (b) For a second or subsequent offense, conduct a hearing pursuant to NRS 624.291, and, if it is determined at the hearing that a second or subsequent offense has been committed, revoke the contractor’s license.

      9.  If a contractor for whom the suspension of a contractor’s license has been lifted after providing the proof required pursuant to paragraph (a) of subsection 6 receives notice from the Board pursuant to subsection 4 within 5 years after the date of reinstatement and the contractor fails to furnish proof, within 30 days after the date of the notice sent by the Board, that the contractor has satisfied the judgment reported to the Board pursuant to section 8.5 of this act or is in full compliance with the requirements of chapters 616A to 617, inclusive, of NRS, the Board shall conduct a hearing pursuant to NRS 624.291 and, if it is determined at the hearing that a second or subsequent offense has been committed within a 5-year period, revoke the contractor’s license.

      Sec. 8.5. Chapter 612 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Administrator shall notify the State Contractors’ Board of any licensed contractor against whom a judgment is obtained for failure to pay contributions to the Unemployment Compensation Fund pursuant to this chapter.

      Sec. 8.6. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115, and section 8.5 of this act, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

 


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ê2013 Statutes of Nevada, Page 2211 (Chapter 405, AB 86)ê

 

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of the Employment Service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  Upon written request made by a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

 


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assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the preceding month and request that the Administrator compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

 


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ê2013 Statutes of Nevada, Page 2213 (Chapter 405, AB 86)ê

 

subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

      Sec. 9.  This act becomes effective:

      1.  Upon passage and approval for the purpose of performing any preparatory administrative tasks; and

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

________

CHAPTER 406, SB 220

Senate Bill No. 220–Committee on Commerce, Labor and Energy

 

CHAPTER 406

 

[Approved: June 3, 2013]

 

AN ACT relating to professional licensing boards; revising provisions relating to the disclosure of certain information by certain licensing boards; requiring the Board of Medical Examiners to adopt regulations governing the possession and administration of botulinum toxin, commonly known as Botox; revising provisions relating to the reporting of certain information by certain licensing boards to law enforcement agencies; requiring, to the extent feasible, certain licensing boards to communicate or cooperate with or provide documents or other information to another licensing board or agency or a law enforcement agency that is investigating a person; providing for the filing of anonymous complaints with certain licensing boards; authorizing members and agents of certain licensing boards to enter certain premises to enforce provisions governing professions regulated by the respective boards; revising provisions relating to schools of cosmetology; providing for the forfeiture of certain personal property used in the commission of the unlicensed practice of certain professions; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law establishes various licensing boards to regulate persons who practice medicine, perfusion or respiratory care, homeopathic medicine, dentistry or dental hygiene, nursing, osteopathic medicine, chiropractic, Oriental medicine, podiatry, optometry, audiology, speech pathology, pharmacy, physical therapy, occupational therapy and cosmetology, and persons who practice as dispensing opticians, hearing aid specialists or administrators of facilities for long-term care. (Title 54 of NRS) This bill amends various provisions of NRS to ensure that these professions are similarly regulated.

      Sections 2, 7, 13, 18, 25, 30, 35, 43, 49, 62, 69, 76, 86, 91.5 and 106 of this bill authorize a member or any agent of the various licensing boards to enter any premises in this State where a person who holds a license, certificate or permit issued by that board practices his or her profession pursuant to the license, certificate or permit and inspect the premises to determine whether any violation of existing law governing the profession has occurred.

      Sections 9, 15, 21, 31, 37, 42, 51, 64, 71, 78, 88, 91, 97 and 108 of this bill provide for the filing of anonymous complaints concerning certain professions with the appropriate board.

 


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      Sections 3, 8, 14, 20.3, 20.7, 22, 26, 29, 36, 41, 47, 63, 70, 77, 85, 93, 99 and 105 of this bill require each of these various licensing boards, unless the board determines that extenuating circumstances exist, to forward to the appropriate law enforcement agency any substantiated information submitted to the board concerning a person who, without the appropriate license, certificate or permit, engages in or offers to engage in activity for which a license, certificate or permit is required in this State. Sections 5, 10, 16, 23, 27, 32, 38, 44, 48, 60.7, 65, 72, 80, 87, 94, 101 and 108 of this bill require, to the extent feasible, each of the boards to communicate or cooperate with or provide documents or any other information to another licensing board or any other agency that is investigating a person, including a law enforcement agency.

      Sections 6, 11, 17, 22, 28, 33, 39, 45, 50, 66, 73, 79, 81-84, 89 and 95 of this bill revise existing criminal penalties for the unlicensed practice of certain professions and authorize various licensing boards to impose administrative fines against, issue citations to, and issue and serve orders to cease and desist on persons who engage in the unlicensed practice of certain professions, or both. Section 110 of this bill provides for the forfeiture of all personal property used by certain persons to engage in the unlicensed practice of certain professions.

      Sections 98 and 107 of this bill require the State Board of Cosmetology and the Board of Examiners for Long-Term Care Administrators, respectively, to refer complaints concerning matters within the jurisdiction of certain other licensing boards to the other licensing boards.

      Existing law provides that notwithstanding any other provision requiring disclosure of information to the public pursuant to any proceeding by a state agency, board or commission with the authority to regulate certain occupations or professions, personal medical information or records of a patient are not required to be disclosed under certain circumstances. (NRS 622.310) Section 1 of this bill extends this protection from disclosure to any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board, and specifically requires such information to be kept confidential by the licensing board in whose possession the information is held.

      Section 3.5 of this bill requires the Board of Medical Examiners to adopt regulations governing the possession and administration of botulinum toxin, commonly known as Botox, by a medical assistant or any other person.

      Section 60.3 of this bill authorizes the Board of Dispensing Opticians to investigate the actions of any licensee of the Board that may constitute grounds for certain disciplinary actions.

      Section 98.5 of this bill requires the State Board of Cosmetology to take such actions as it determines are reasonable to enable schools of cosmetology to receive certain federal money. Section 100.5 of this bill revises provisions governing the licensing of schools of cosmetology.

 

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 622.310 is hereby amended to read as follows:

      622.310  1.  If any provision of this title requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply [to] :

      (a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

      (b) To any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board.

 


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permit is required to be issued by a licensing board. Such information must be kept confidential by the licensing board in whose possession the information is held.

      2.  As used in this section, “licensing board” has the meaning ascribed to it in section 98 of this act.

      Sec. 1.5. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices medicine, perfusion or respiratory care and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing medicine, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 3. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice medicine, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 3.5. NRS 630.138 is hereby amended to read as follows:

      630.138  The Board [may] :

      1.  May adopt regulations governing the supervision of a medical assistant, including, without limitation, regulations which prescribe limitations on the possession and administration of a dangerous drug by a medical assistant.

      2.  Shall adopt regulations governing the possession and administration of botulinum toxin, commonly known as Botox, by a medical assistant or any other person, including, without limitation:

      (a) The qualifications and training required for administration; and

      (b) The manner and place of administration.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 630.336 is hereby amended to read as follows:

      630.336  1.  Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, perfusionist, physician assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, perfusionist, physician assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020.

      2.  Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine, perfusion or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.

      3.  Except as otherwise provided in NRS 239.0115, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

 


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      (b) Any report concerning the fitness of any person to receive or hold a license to practice medicine, perfusion or respiratory care; and

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      4.  Except as otherwise provided in subsection 5 and NRS 239.0115, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

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

      6.  [This section does not prevent or prohibit the] The Board [from communicating or cooperating with] shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or agency or any agency which is investigating a [licensee,] person, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

      Sec. 6. NRS 630.400 is hereby amended to read as follows:

      630.400  [A]

      1.  It is unlawful for any person [who:] to:

      [1.  Presents]

      (a) Present to the Board as his or her own the diploma, license or credentials of another;

      [2.  Gives]

      (b) Give either false or forged evidence of any kind to the Board;

      [3.  Practices]

      (c) Practice medicine, perfusion or respiratory care under a false or assumed name or falsely [personates] personate another licensee;

      [4.](d) Except as otherwise provided by a specific statute, [practices] practice medicine, perfusion or respiratory care without being licensed under this chapter;

      [5.  Holds]

      (e) Hold himself or herself out as a perfusionist or [uses] use any other term indicating or implying that he or she is a perfusionist without being licensed by the Board;

      [6.  Holds]

      (f) Hold himself or herself out as a physician assistant or [uses] use any other term indicating or implying that he or she is a physician assistant without being licensed by the Board; or

      [7.  Holds]

      (g) Hold himself or herself out as a practitioner of respiratory care or [uses] use any other term indicating or implying that he or she is a practitioner of respiratory care without being licensed by the Board . [,

Ê]

      2.  A person who violates any provision of subsection 1:

      (a) If no substantial bodily harm results, is guilty of a category D felony ; or

 


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      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 7. Chapter 630A of NRS is hereby amended by adding thereto a new section to read as follows:

      Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices homeopathic medicine and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing homeopathic medicine without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Sec. 8. NRS 630A.155 is hereby amended to read as follows:

      630A.155  The Board shall:

      1.  Regulate the practice of homeopathic medicine in this State and any activities that are within the scope of such practice, to protect the public health and safety and the general welfare of the people of this State.

      2.  Determine the qualifications of, and examine, applicants for licensure or certification pursuant to this chapter, and specify by regulation the methods to be used to check the background of such applicants.

      3.  License or certify those applicants it finds to be qualified.

      4.  Investigate and, if required, hear and decide in a manner consistent with the provisions of chapter 622A of NRS all complaints made against any homeopathic physician, advanced practitioner of homeopathy, homeopathic assistant or any agent or employee of any of them, or any facility where the primary practice is homeopathic medicine. If a complaint concerns a practice which is within the jurisdiction of another licensing board or any other possible violation of state law, the Board shall refer the complaint to the other licensing board.

      5.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice homeopathic medicine without the appropriate license or certificate issued pursuant to the provisions of this chapter.

 


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offers to practice homeopathic medicine without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      6.  Submit an annual report to the Legislature and make recommendations to the Legislature concerning the enactment of legislation relating to alternative and complementary integrative medicine, including, without limitation, homeopathic medicine.

      Sec. 9. NRS 630A.390 is hereby amended to read as follows:

      630A.390  1.  Any person who becomes aware that a person practicing medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a written complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any medical society or medical facility or facility for the dependent licensed in this State shall report to the Board the initiation and outcome of any disciplinary action against any homeopathic physician concerning the care of a patient or the competency of the physician.

      3.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a homeopathic physician:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law relating to controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence.

      4.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 10. NRS 630A.555 is hereby amended to read as follows:

      630A.555  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 11. NRS 630A.600 is hereby amended to read as follows:

      630A.600  1.  Except as otherwise provided in NRS 629.091, a person who practices homeopathic medicine without a license or certificate issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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certificate issued pursuant to this chapter is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person is practicing homeopathic medicine without a license or certificate issued pursuant to this chapter, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 12. Chapter 631 of NRS is hereby amended by adding thereto the provisions set forth as sections 13 and 14 of this act.

      Sec. 13. Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices dentistry or dental hygiene and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing dentistry or dental hygiene without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Sec. 14. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice dentistry or dental hygiene without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Sec. 15. NRS 631.360 is hereby amended to read as follows:

      631.360  1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for [refusal, suspension or revocation of a license or certificate under this chapter,] initiating disciplinary action, investigate the actions of any person [holding a certificate.] who practices dentistry or dental hygiene in this State. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  The Board shall, before [refusing to issue, or before suspending or revoking any certificate,] initiating disciplinary action, at least 10 days before the date set for the hearing, notify the accused person in writing [the applicant or the holder of the certificate] of any charges made. The notice may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the Board.

 


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may be served by delivery of it personally to the accused person or by mailing it by registered or certified mail to the place of business last specified by the accused person, as registered with the Board.

      3.  At the time and place fixed in the notice, the Board shall proceed to hear the charges. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report.

      4.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Executive Director may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

      5.  The Board may obtain a search warrant from a magistrate upon a showing that the warrant is needed for an investigation or hearing being conducted by the Board and that reasonable cause exists to issue the warrant.

      6.  If the Board is not sitting at the time and place fixed in the notice, or at the time and place to which the hearing has been continued, the Board shall continue the hearing for a period not to exceed 30 days.

      7.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 16. NRS 631.368 is hereby amended to read as follows:

      631.368  1.  Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

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

      3.  The Board [may] shall, to the extent feasible, communicate or cooperate with or provide any record or information described in subsection 1 to any other licensing board or [agency or] any other agency [which] that is investigating a person , [licensed pursuant to this chapter,] including a law enforcement agency.

      Sec. 17. NRS 631.400 is hereby amended to read as follows:

      631.400  1.  A person who engages in the illegal practice of dentistry in this State is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person who practices or offers to practice dental hygiene in this State without a license, or who, having a license, practices dental hygiene in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  Unless a greater penalty is provided by specific statute, a person who is licensed to practice dentistry who practices dentistry in a manner or place not permitted by the provisions of this chapter:

      (a) If it is his or her first or second offense, is guilty of a gross misdemeanor.

 


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      (b) If it is his or her third or subsequent offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  The Board may assign a person described in subsection 1, 2 or 3 specific duties as a condition of renewing a license.

      5.  If a person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the district court of any county, on application of the Board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this subsection are governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      6.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, 2 or 3, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 1, 2 or 3. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 18. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      Any member or agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices nursing or as a nursing assistant or medication aide - certified and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing nursing or as a nursing assistant or medication aide - certified without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Secs. 19 and 20. (Deleted by amendment.)

      Sec. 20.3. NRS 632.285 is hereby amended to read as follows:

      632.285  1.  Any person, except a nursing assistant trainee, who practices or offers to practice as a nursing assistant in this State shall submit evidence that he or she is qualified so to practice and must be certified as provided in this chapter.

      2.  It is unlawful for any person:

      (a) To practice or to offer to practice as a nursing assistant in this State or to use any title, abbreviation, sign, card or device to indicate that he or she is practicing as a nursing assistant in this State unless the person has been certified pursuant to the provisions of this chapter.

 


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      (b) Except as otherwise provided in NRS 629.091, who does not hold a certificate authorizing the person to practice as a nursing assistant issued pursuant to the provisions of this chapter to perform or offer to perform basic nursing services in this State, unless the person is a nursing assistant trainee.

      (c) To be employed as a nursing assistant trainee for more than 4 months.

      3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.

      4.  [The] Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director [of the Board] shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice as a nursing assistant without a certificate issued pursuant to the provisions of this chapter.

      Sec. 20.7. NRS 632.291 is hereby amended to read as follows:

      632.291  1.  Any person who practices or offers to practice as a medication aide - certified in this State shall submit evidence that he or she is qualified to practice and must be certified to practice as a medication aide - certified as provided in this chapter.

      2.  It is unlawful for any person to practice or to offer to practice as a medication aide - certified in this State or to use any title, abbreviation, sign, card or device to indicate that the person is practicing as a medication aide - certified in this State unless the person is certified as a medication aide - certified pursuant to the provisions of this chapter.

      3.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

      4.  [The] Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director [of the Board] shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice as a medication aide - certified without a certificate to practice as a medication aide - certified issued pursuant to the provisions of this chapter.

      Sec. 21. NRS 632.310 is hereby amended to read as follows:

      632.310  1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person, if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  The Executive Director of the Board may, upon receipt of information from a governmental agency, conduct an investigation to determine whether the information is sufficient to require an investigation for referral to the Board for its consideration.

 


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      3.  If a written verified complaint filed with the Board does not include the complete name of the licensee, nursing assistant or medication aide - certified against whom the complaint is filed, and the Board is unable to identify the licensee, nursing assistant or medication aide - certified, the Board shall request that the employer of the licensee, nursing assistant or medication aide - certified provide to the Board the complete name of the licensee, nursing assistant or medication aide - certified. The employer shall provide the name to the Board within 3 business days after the request is made.

      4.  The employer of a licensee, nursing assistant or medication aide - certified shall provide to the Board, upon its request, the record of the work assignments of any licensee, nursing assistant or medication aide - certified whose actions are under investigation by the Board.

      5.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 22. NRS 632.315 is hereby amended to read as follows:

      632.315  1.  For the purposes of safeguarding life and health and maintaining high professional standards among nurses in this State, any person who practices or offers to practice nursing in this State shall submit evidence that he or she is qualified to practice and must be licensed as provided in this chapter.

      2.  [Any] It is unlawful for any person [who:] :

      (a) [Practices] To practice or [offers] offer to practice nursing in this State or [uses] use any title, abbreviation, sign, card or device to indicate that he or she is practicing nursing in this State unless that person has been licensed pursuant to the provisions of this chapter; or

      (b) [Does] Who does not hold a valid and subsisting license to practice nursing issued pursuant to the provisions of this chapter [who practices] to practice or [offers] offer to practice in this State as a registered nurse, licensed practical nurse, graduate nurse, trained nurse, certified nurse or under any other title or designation suggesting that the person possesses qualifications and skill in the field of nursing . [,

Ê is guilty of a misdemeanor.]

      3.  A person who violates any provision of subsection 2:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      4.  The Executive Director of the Board may, on behalf of the Board, issue an order to cease and desist to any person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

      [4.  The]

      5. Unless the Executive Director of the Board determines that extenuating circumstances exist, the Executive Director [of the Board] shall forward to the appropriate law enforcement agency any information submitted to the Board concerning a person who practices or offers to practice nursing without a license issued pursuant to the provisions of this chapter.

 


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ê2013 Statutes of Nevada, Page 2224 (Chapter 406, SB 220)ê

 

      Sec. 23. NRS 632.405 is hereby amended to read as follows:

      632.405  1.  Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

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

      3.  [This section does not prevent or prohibit the] The Board [from communicating or cooperating with] shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to another licensing board or any agency that is investigating a [licensee,] person, including a law enforcement agency.

      Sec. 24. Chapter 633 of NRS is hereby amended by adding thereto the provisions set forth as sections 25 and 26 of this act.

      Sec. 25. Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices osteopathic medicine or as a physician assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing osteopathic medicine or as a physician assistant without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 26. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice osteopathic medicine or as a physician assistant without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 27. NRS 633.301 is hereby amended to read as follows:

      633.301  1.  The Board shall keep a record of its proceedings relating to licensing and disciplinary actions. Except as otherwise provided in this section, the record must be open to public inspection at all reasonable times and contain the name, known place of business and residence, and the date and number of the license of every osteopathic physician and every physician assistant licensed under this chapter.

      2.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      3.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      4.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


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ê2013 Statutes of Nevada, Page 2225 (Chapter 406, SB 220)ê

 

any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 28. NRS 633.741 is hereby amended to read as follows:

      633.741  [A]

      1.  It is unlawful for any person [who:

      1.] to:

      (a) Except as otherwise provided in NRS 629.091, [practices:

      (a)] practice:

             (1) Osteopathic medicine without a valid license to practice osteopathic medicine under this chapter;

      [(b)](2) As a physician assistant without a valid license under this chapter; or

      [(c)](3) Beyond the limitations ordered upon his or her practice by the Board or the court;

      [2.  Presents]

      (b) Present as his or her own the diploma, license or credentials of another;

      [3.  Gives]

      (c) Give either false or forged evidence of any kind to the Board or any of its members in connection with an application for a license;

      [4.  Files]

      (d) File for record the license issued to another, falsely claiming himself or herself to be the person named in the license, or falsely claiming himself or herself to be the person entitled to the license;

      [5.  Practices]

      (e) Practice osteopathic medicine or [practices] practice as a physician assistant under a false or assumed name or falsely [personates] personate another licensee of a like or different name;

      [6.  Holds]

      (f) Hold himself or herself out as a physician assistant or [who uses] use any other term indicating or implying that he or she is a physician assistant, unless the person has been licensed by the Board as provided in this chapter; or

      [7.  Supervises]

      (g) Supervise a person as a physician assistant before such person is licensed as provided in this chapter . [,

Ê]

      2.  A person who violates any provision of subsection 1:

      (a) If no substantial bodily harm results, is guilty of a category D felony ; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph.

 


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ê2013 Statutes of Nevada, Page 2226 (Chapter 406, SB 220)ê

 

violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 29. Chapter 634 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice chiropractic or as a chiropractor’s assistant without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Sec. 30. NRS 634.043 is hereby amended to read as follows:

      634.043  1.  The Board shall appoint an Executive Director who serves at the pleasure of the Board and is entitled to receive such compensation as may be fixed by the Board.

      2.  The Board may:

      (a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      [(c) Enter and inspect any chiropractic office in this State in order to enforce the provisions of this chapter.]

      3.  The Board or any agent of the Board may enter any premises in this State where a person who holds a license or certificate issued pursuant to the provisions of this chapter practices chiropractic or as a chiropractor’s assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing chiropractic or as a chiropractor’s assistant without the appropriate license or certificate issued pursuant to the provisions of this chapter.

      Sec. 31. NRS 634.160 is hereby amended to read as follows:

      634.160  1.  The Board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Executive Director of the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  The Board shall retain all complaints filed with the Executive Director pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 32. NRS 634.214 is hereby amended to read as follows:

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

 


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ê2013 Statutes of Nevada, Page 2227 (Chapter 406, SB 220)ê

 

information filed with the complaint and all documents and other information compiled as a result of the investigation conducted to determine whether to initiate disciplinary action are confidential and may be disclosed in whole or in part only as necessary in the course of administering this chapter or to a licensing board or agency or any other governmental agency, including, without limitation, a law enforcement agency, that is investigating a person who is licensed or who performs any act for which a license or certificate is required pursuant to the provisions of this chapter.

      2.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

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

      Sec. 33. NRS 634.227 is hereby amended to read as follows:

      634.227  1.  A person who:

      (a) Presents to the Board as his or her own the diploma, license or credentials of another;

      (b) Gives false or forged evidence of any kind to the Board; or

      (c) Practices chiropractic under a false or assumed name or falsely personates another licensee,

Ê is guilty of a misdemeanor.

      2.  Except as otherwise provided in NRS 634.105 and 634.1375, a person who does not hold a license issued pursuant to this chapter and:

      (a) Practices chiropractic in this State;

      (b) Holds himself or herself out as a chiropractor;

      (c) Uses any combination, variation or abbreviation of the terms “chiropractor,” “chiropractic” or “chiropractic physician” as a professional or commercial representation; or

      (d) Uses any means which directly or indirectly conveys to another person the impression that he or she is qualified or licensed to practice chiropractic,

Ê is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 2, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or certificate or otherwise demonstrates that he or she is no longer in violation of subsection 2. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

 


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ê2013 Statutes of Nevada, Page 2228 (Chapter 406, SB 220)ê

 

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 34. Chapter 634A of NRS is hereby amended by adding thereto the provisions set forth as sections 35 and 36 of this act.

      Sec. 35. Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices Oriental medicine and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing Oriental medicine without a license issued pursuant to the provisions of this chapter.

      Sec. 36. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice Oriental medicine without a license issued pursuant to the provisions of this chapter.

      Sec. 37. NRS 634A.085 is hereby amended to read as follows:

      634A.085  1.  If a written complaint regarding a [doctor of] person who practices Oriental medicine is filed with the Board, the Board shall review the complaint. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint. If, from the complaint or from other records, it appears that the complaint is not frivolous, the Board may:

      (a) Retain the Attorney General to investigate the complaint; and

      (b) If the Board retains the Attorney General, transmit the original complaint and any facts or information obtained from the review to the Attorney General.

      2.  If the Board retains the Attorney General, the Attorney General shall conduct an investigation of the complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license. If the Attorney General determines that further proceedings are warranted, the Attorney General shall report the results of the investigation and any recommendation to the Board.

      3.  The Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General. The Board shall:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      4.  The Board shall retain all complaints received by the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      5.  If the Board retains the Attorney General, the Attorney General may, in accordance with the provisions of NRS 228.113, charge the Board for all services relating to the investigation of a complaint pursuant to subsection 2.

      Sec. 38. NRS 634A.185 is hereby amended to read as follows:

      634A.185  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

 


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ê2013 Statutes of Nevada, Page 2229 (Chapter 406, SB 220)ê

 

unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

      4.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 39. NRS 634A.230 is hereby amended to read as follows:

      634A.230  1.  Any person who represents himself or herself as a practitioner of Oriental medicine, or any branch thereof, or who engages in the practice of Oriental medicine, or any branch thereof, in this State without holding a valid license issued by the Board is guilty of a gross misdemeanor.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine as provided in NRS 634A.250.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 40. Chapter 635 of NRS is hereby amended by adding thereto the provisions set forth as sections 41 and 42 of this act.

      Sec. 41. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice podiatry or as a podiatry hygienist without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 42. Any person who becomes aware that a person practicing podiatry or practicing as a podiatry hygienist in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

 


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ê2013 Statutes of Nevada, Page 2230 (Chapter 406, SB 220)ê

 

complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      Sec. 43. NRS 635.035 is hereby amended to read as follows:

      635.035  1.  The Board may:

      [1.](a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      [2.](b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      2.  The Board or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices podiatry or as a podiatry hygienist and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing podiatry or as a podiatry hygienist without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 44. NRS 635.158 is hereby amended to read as follows:

      635.158  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

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

      4.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      5.  The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 45. NRS 635.167 is hereby amended to read as follows:

      635.167  1.  Any person who:

      [1.](a) Presents to the Board as his or her own the diploma, license or credentials of another;

      [2.](b) Gives either false or forged evidence of any kind to the Board;

      [3.](c) Practices podiatry under a false or assumed name or falsely personates another licensee;

      [4.](d) Except as otherwise provided by specific statute, practices podiatry without being licensed under this chapter; or

      [5.](e) Uses the title “D.P.M.,” “Podiatrist,” “Podiatric Physician,” “Podiatric Physician-Surgeon” or “Physician-Surgeon D.P.M.” when not licensed by the Board pursuant to this chapter, unless otherwise authorized by a specific statute,

Ê is guilty of a gross misdemeanor.

 


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ê2013 Statutes of Nevada, Page 2231 (Chapter 406, SB 220)ê

 

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine as provided in paragraph (d) of subsection 1 of NRS 635.130.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 46. Chapter 636 of NRS is hereby amended by adding thereto the provisions set forth as sections 47, 48 and 49 of this act.

      Sec. 47. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice optometry without a license issued pursuant to the provisions of this chapter.

      Sec. 48. The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including a law enforcement agency.

      Sec. 49. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices optometry and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing optometry without a license issued pursuant to the provisions of this chapter.

      Sec. 50. NRS 636.145 is hereby amended to read as follows:

      636.145  [No]

      1.  A person shall not engage in the practice of optometry in this State unless:

      [1.](a) The person has obtained a license pursuant to the provisions of this chapter; and

      [2.](b) Except for the year in which such license was issued, the person holds a current renewal card for the license.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1.

 


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ê2013 Statutes of Nevada, Page 2232 (Chapter 406, SB 220)ê

 

demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine as provided in NRS 636.420.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 51. NRS 636.310 is hereby amended to read as follows:

      636.310  A complaint must be made in writing . [and signed and verified by the person making it.] The original complaint and two copies must be filed with the Executive Director. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      Sec. 52. NRS 636.325 is hereby amended to read as follows:

      636.325  1.  Upon conclusion of the hearing, or waiver thereof by the [licensee] person against whom the charge is filed, the Board shall make and announce its decision. If the Board determines that the allegations included in the charge are true, it may take any one or more of the following actions:

      (a) Publicly reprimand the licensee;

      (b) Place the licensee on probation for a specified or unspecified period;

      (c) Suspend the licensee from practice for a specified or unspecified period;

      (d) Revoke the licensee’s license; or

      (e) Impose an administrative fine pursuant to the provisions of NRS 636.420.

Ê The Board may, in connection with a reprimand, probation or suspension, impose such other terms or conditions as it deems necessary.

      2.  If the Board determines that the allegations included in the charge are false or do not warrant disciplinary action, it shall dismiss the charge.

      3.  The Board shall not [privately] issue a private reprimand . [a licensee.]

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

      Secs. 53-60. (Deleted by amendment.)

      Sec. 60.3. Chapter 637 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent that money is available for that purpose, the Board may, upon its own motion, investigate the actions of any person who holds a license issued pursuant to this chapter that may constitute grounds for refusal to issue such a license, or the suspension or revocation of the license.

      2.  The Board may accept gifts, grants and donations of money from any source to carry out the provisions of this section.

 


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ê2013 Statutes of Nevada, Page 2233 (Chapter 406, SB 220)ê

 

      Sec. 60.7. NRS 637.085 is hereby amended to read as follows:

      637.085  1.  Except as otherwise provided in this section, all applications for licensure, financial records of the Board and records of hearings and any order or decision of the Board or a panel must be open to the public.

      2.  Except as otherwise provided in this section and NRS 239.0115, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application.

      (b) Any report concerning the fitness of any person to receive or hold a license to practice ophthalmic dispensing.

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      (d) Any other information or records in the possession of the Board.

      3.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 61. Chapter 637A of NRS is hereby amended by adding thereto the provisions set forth as sections 62 and 63 of this act.

      Sec. 62. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter engages in the business of a hearing aid specialist or an apprentice to a hearing aid specialist and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is engaged in the business of a hearing aid specialist or an apprentice to a hearing aid specialist without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 63. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who engages in the business of a hearing aid specialist or an apprentice to a hearing aid specialist without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 64. NRS 637A.260 is hereby amended to read as follows:

      637A.260  1.  The Board, any of its members or any other person who believes that a licensee or other person has violated a provision of this chapter may file a complaint specifying the relevant facts with the Board.

 


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chapter may file a complaint specifying the relevant facts with the Board. The Board may amend any such complaint to include additional allegations if it becomes aware of any additional information concerning a further violation of the provisions of this chapter.

      2.  A complaint made against any licensee charging one or more of the causes for which his or her license may be revoked or suspended must be made with such particularity as to enable the licensee to prepare a defense thereto.

      3.  The complaint must be made in writing and may be [signed and verified by] filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person [making it.] who is the subject of the complaint.

      4.  The Board, on its own motion, may investigate the activities of an applicant for or a holder of a license issued pursuant to this chapter at any time.

      5.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 65. NRS 637A.315 is hereby amended to read as follows:

      637A.315  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 66. NRS 637A.352 is hereby amended to read as follows:

      637A.352  1.  A person shall not engage in the business of a hearing aid specialist unless the person:

      [1.](a) Holds a license issued by the Board; or

      [2.](b) Is exempted from the provisions of this chapter by NRS 637A.025.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

 


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      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 67. (Deleted by amendment.)

      Sec. 68. Chapter 637B of NRS is hereby amended by adding thereto the provisions set forth as sections 69 and 70 of this act.

      Sec. 69. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices audiology or speech pathology and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing audiology or speech pathology without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 70. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice audiology or speech pathology without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 71. NRS 637B.260 is hereby amended to read as follows:

      637B.260  1.  A complaint may be made against any applicant for a license or any licensee charging one or more of the grounds for disciplinary action with such particularity as to enable the defendant to prepare a defense.

      2.  The complaint must be in writing and may be [signed and verified by] filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person [making it.] who is the subject of the complaint.

      3.  The Board shall retain all complaints made pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 72. NRS 637B.288 is hereby amended to read as follows:

      637B.288  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

 


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      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 73. NRS 637B.290 is hereby amended to read as follows:

      637B.290  1.  A person shall not engage in the practice of audiology or speech pathology in this State without holding a valid license [to do so as provided in] issued pursuant to the provisions of this chapter.

      2.  In addition to any other penalty prescribed by law, if the Board determines that a person has engaged in the practice of audiology or speech pathology in this State without holding a valid license issued pursuant to the provisions of this chapter, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 74. (Deleted by amendment.)

      Sec. 75. Chapter 639 of NRS is hereby amended by adding thereto the provisions set forth as sections 76 to 79, inclusive, of this act.

      Sec. 76. A member or any agent of the Board may enter any premises in this State where a person who holds a license, certificate or permit issued pursuant to the provisions of this chapter practices pharmacy and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing pharmacy without the appropriate license, certificate or permit issued pursuant to the provisions of this chapter.

      Sec. 77. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice pharmacy without the appropriate license, certificate or permit issued pursuant to the provisions of this chapter.

      Sec. 78. Any person who becomes aware that a person practicing pharmacy in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

 


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may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      Sec. 79. In addition to any other penalty prescribed by law, if the Board determines that a person has violated subsection 1 of NRS 639.100, subsection 1 of NRS 639.2813 or NRS 639.284 or 639.285, the Board may:

      1.  Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license, certificate or permit or otherwise demonstrates that he or she is no longer in violation of subsection 1 of NRS 639.100, subsection 1 of NRS 639.2813 or NRS 639.284 or 639.285. An order to cease and desist must include a telephone number with which the person may contact the Board.

      2.  Issue a citation to the person. A citation issued pursuant to this subsection must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this subsection. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      3.  Assess against the person an administrative fine of not more than $5,000.

      4.  Impose any combination of the penalties set forth in subsections 1, 2 and 3.

      Sec. 80. NRS 639.070 is hereby amended to read as follows:

      639.070  1.  The Board may:

      (a) Adopt such regulations, not inconsistent with the laws of this State, as are necessary for the protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties.

      (b) Adopt regulations requiring that prices charged by retail pharmacies for drugs and medicines which are obtained by prescription be posted in the pharmacies and be given on the telephone to persons requesting such information.

      (c) Adopt regulations, not inconsistent with the laws of this State, authorizing the Executive Secretary of the Board to issue certificates, licenses and permits required by this chapter and chapters 453 and 454 of NRS.

      (d) Adopt regulations governing the dispensing of poisons, drugs, chemicals and medicines.

      (e) Regulate the practice of pharmacy.

      (f) Regulate the sale and dispensing of poisons, drugs, chemicals and medicines.

      (g) Regulate the means of recordkeeping and storage, handling, sanitation and security of drugs, poisons, medicines, chemicals and devices, including, but not limited to, requirements relating to:

             (1) Pharmacies, institutional pharmacies and pharmacies in correctional institutions;

             (2) Drugs stored in hospitals; and

             (3) Drugs stored for the purpose of wholesale distribution.

      (h) Examine and register, upon application, pharmacists and other persons who dispense or distribute medications whom it deems qualified.

 


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      (i) Charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides, other than those specifically set forth in this chapter.

      (j) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (k) Employ an attorney, inspectors, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (l) Enforce the provisions of NRS 453.011 to 453.552, inclusive, and enforce the provisions of this chapter and chapter 454 of NRS.

      (m) Adopt regulations concerning the information required to be submitted in connection with an application for any license, certificate or permit required by this chapter or chapter 453 or 454 of NRS.

      (n) Adopt regulations concerning the education, experience and background of a person who is employed by the holder of a license or permit issued pursuant to this chapter and who has access to drugs and devices.

      (o) Adopt regulations concerning the use of computerized mechanical equipment for the filling of prescriptions.

      (p) Participate in and expend money for programs that enhance the practice of pharmacy.

      2.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      3.  This section does not authorize the Board to prohibit open-market competition in the advertising and sale of prescription drugs and pharmaceutical services.

      Sec. 81. NRS 639.100 is hereby amended to read as follows:

      639.100  1.  Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:

      (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, a technologist in radiology or nuclear medicine under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner; and

      (b) Complies with the regulations adopted by the Board.

      2.  A person who violates any provision of subsection 1:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      [2.]3.  Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered pharmacists. A person shall not act as a manufacturer or wholesaler unless the person has obtained a license from the Board.

      [3.]4.  Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the organization, manufacturer or wholesaler has obtained a license from the Board.

 


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Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the organization, manufacturer or wholesaler has obtained a license from the Board.

      [4.]5.  Each application for such a license must be made on a form furnished by the Board and an application must not be considered by the Board until all the information required thereon has been completed. Upon approval of the application by the Board and the payment of the required fee, the Board shall issue a license to the applicant. Each license must be issued to a specific person for a specific location.

      Sec. 82. NRS 639.2813 is hereby amended to read as follows:

      639.2813  1.  Except as provided in NRS 453.331 and 454.311, it is unlawful for any person falsely to represent himself or herself as a practitioner entitled to write prescriptions in this state, or the agent of such a person, for the purpose of transmitting to a pharmacist an order for a prescription. A person who violates the provisions of this subsection:

      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      2.  It is unlawful for the agent of a practitioner entitled to write prescriptions in this state willfully to transmit to a pharmacist an order for a prescription if the agent is not authorized by the practitioner to transmit such order.

      Sec. 83. NRS 639.284 is hereby amended to read as follows:

      639.284  Except as otherwise provided in NRS 639.23277, any person who:

      1.  Being the licensed proprietor of a pharmacy, fails to place a registered pharmacist in charge of such pharmacy, or permits the compounding or dispensing of drugs or prescriptions, or the selling of drugs, poisons or devices, the sale of which is restricted by the provisions of this chapter, by any person other than a registered pharmacist or an intern pharmacist, is guilty of a misdemeanor.

      2.  Is not a registered pharmacist and who takes charge of or acts as manager of any pharmacy, compounds or dispenses any prescription, or sells any drug, poison or device, the sale of which is restricted by the provisions of this chapter [,] :

      (a) If no substantial bodily harm results, is guilty of a [misdemeanor.] category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

      Sec. 84. NRS 639.285 is hereby amended to read as follows:

      639.285  Any person not licensed by the Board, who sells, displays or offers for sale any drug, device or poison, the sale of which is restricted to prescription only or by a registered pharmacist or under his or her direct and immediate supervision [,] :

      1.  If no substantial bodily harm results, is guilty of a [misdemeanor.] category D felony; or

      2.  If substantial bodily harm results, is guilty of a category C felony,

Ê and shall be punished as provided in NRS 193.130.

 


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      Sec. 85. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice physical therapy or as a physical therapist’s assistant without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 86. NRS 640.050 is hereby amended to read as follows:

      640.050  1.  The Board shall examine and license qualified physical therapists and qualified physical therapist’s assistants.

      2.  The Board may adopt reasonable regulations to carry this chapter into effect, including, but not limited to, regulations concerning the:

      (a) Issuance and display of licenses.

      (b) Supervision of physical therapist’s assistants and physical therapist’s technicians.

      (c) Treatments and other regulated procedures which may be performed by physical therapist’s technicians.

      3.  The Board shall keep a record of its proceedings and a register of all persons licensed under the provisions of this chapter. The register must show:

      (a) The name of every living licensee.

      (b) The last known place of business and residence of each licensee.

      (c) The date and number of each license issued as a physical therapist or physical therapist’s assistant.

      4.  During September of every year in which renewal of a license is required, the Board shall compile a list of licensed physical therapists authorized to practice physical therapy and physical therapist’s assistants licensed to assist in the practice of physical therapy in this State. Any interested person in the State may obtain a copy of the list upon application to the Board and the payment of such amount as may be fixed by the Board, which amount must not exceed the cost of the list so furnished.

      5.  The Board may:

      (a) Maintain offices in as many localities in the State as it finds necessary to carry out the provisions of this chapter.

      (b) Employ attorneys, investigators and other professional consultants and clerical personnel necessary to the discharge of its duties.

      (c) Adopt a seal of which a court may take judicial notice.

      6.  Any member or agent of the Board may [enter an office, clinic or hospital where physical therapy is practiced and inspect it to determine if the physical therapists are licensed.] enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices physical therapy or as a physical therapist’s assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing physical therapy or as a physical therapist’s assistant without the appropriate license issued pursuant to the provisions of this chapter.

      7.  Any member of the Board may administer an oath to a person testifying in a matter that relates to the duties of the Board.

 


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      Sec. 87. NRS 640.075 is hereby amended to read as follows:

      640.075  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

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

      Sec. 88. NRS 640.161 is hereby amended to read as follows:

      640.161  1.  A complaint against any person who has been licensed pursuant to this chapter may be initiated by the Board or may be filed with the Board by any member or agent of the Board or any aggrieved person.

      2.  The complaint must allege one or more of the grounds enumerated in NRS 640.160 and must contain a statement of facts showing that a provision of this chapter or the Board’s regulations has been violated. The complaint must be sufficiently detailed to enable the respondent to understand the allegations.

      3.  The complaint must be in writing and may be [signed and verified by the person filing it.] filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint. The original complaint and two copies must be filed with the Board.

      4.  The Board shall review each complaint. If a complaint shows a substantial violation of a provision of this chapter or the Board’s regulations, the Board shall proceed with a hearing on the complaint pursuant to the provisions of chapter 622A of NRS.

      5.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 89. NRS 640.169 is hereby amended to read as follows:

      640.169  1.  Except as otherwise provided in NRS 629.091 and 640.120, it is unlawful for any person to practice physical therapy in this State unless the person holds a license or a temporary license issued pursuant to this chapter. A person who violates the provisions of this subsection is guilty of a gross misdemeanor.

      2.  In addition to any criminal penalty that may be imposed for a violation of subsection 1, the Board, after notice and hearing, may [issue] :

      (a) Issue an order against any person who has violated subsection 1 imposing [a civil] an administrative penalty of not more than $5,000 for each violation.

 


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each violation. Any [civil] administrative penalty collected pursuant to this [subsection] paragraph must be deposited in the State General Fund.

      (b) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (c) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 90. Chapter 640A of NRS is hereby amended by adding thereto the provisions set forth as sections 91, 91.5 and 92 of this act.

      Sec. 91. Any person who becomes aware that a person practicing occupational therapy or as an occupational therapy assistant in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action pursuant to NRS 640A.200 may file a complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      Sec. 91.5. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices occupational therapy or as an occupational therapy assistant and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is practicing occupational therapy or as an occupational therapy assistant without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 92. Whenever any person has engaged in or is about to engage in any conduct which constitutes a violation of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Proceedings under this section must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      Sec. 93. NRS 640A.110 is hereby amended to read as follows:

      640A.110  The Board shall:

      1.  Enforce the provisions of this chapter;

      2.  Unless the Board determines that extenuating circumstances exist, forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice occupational therapy or as an occupational therapy assistant without the appropriate license issued pursuant to the provisions of this chapter;

 


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      3.  Maintain a record of its proceedings;

      [3.] 4.  Evaluate the qualifications of an applicant for a license as an occupational therapist or occupational therapy assistant and, upon payment of the appropriate fee, issue the appropriate license to a qualified applicant;

      [4.] 5.  Adopt regulations establishing standards of practice for persons licensed pursuant to this chapter and any other regulations necessary to carry out the provisions of this chapter; and

      [5.] 6.  Require a person licensed pursuant to this chapter to submit to the Board such documentation or perform such practical demonstrations as the Board deems necessary to determine whether the licensee has acquired the skills necessary to perform physical therapeutic modalities.

      Sec. 94. NRS 640A.220 is hereby amended to read as follows:

      640A.220  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      4.  The Board shall retain all complaints filed with the Board for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 95. NRS 640A.230 is hereby amended to read as follows:

      640A.230  1.  Except as otherwise provided in NRS 629.091, a person shall not practice occupational therapy, or represent that he or she is authorized to practice occupational therapy, in this state unless he or she holds a current license issued pursuant to this chapter. A person who violates the provisions of this subsection is guilty of a gross misdemeanor.

      2.  A licensed occupational therapist shall directly supervise the work of any person who assists him or her as an aide or technician.

      [3.]  A person who violates [any provision] the provisions of this [section] subsection is guilty of a misdemeanor.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has violated the provisions of subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued.

 


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ê2013 Statutes of Nevada, Page 2244 (Chapter 406, SB 220)ê

 

which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 96. Chapter 644 of NRS is hereby amended by adding thereto the provisions set forth as sections 97, 98 and 98.5 of this act.

      Sec. 97. Any person who becomes aware that a person practicing cosmetology in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action pursuant to NRS 644.430 may file a written complaint with the Board. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      Sec. 98. 1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      Sec. 98.5. The Board shall take such action as it determines is reasonable to enable schools of cosmetology to receive money from the Federal Government for student financial assistance to the greatest extent practicable under federal law.

      Sec. 99. NRS 644.090 is hereby amended to read as follows:

      644.090  The Board shall:

      1.  Hold examinations to determine the qualifications of all applicants for a license, except as otherwise provided in this chapter, whose applications have been submitted to it in proper form.

      2.  Issue licenses to such applicants as may be entitled thereto.

 


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ê2013 Statutes of Nevada, Page 2245 (Chapter 406, SB 220)ê

 

      3.  License establishments for hair braiding, cosmetological establishments and schools of cosmetology.

      4.  Report to the proper prosecuting [officers all violations] officer or law enforcement agency each violation of this chapter coming within its knowledge.

      5.  Inspect schools of cosmetology, establishments for hair braiding and cosmetological establishments to ensure compliance with the statutory requirements and adopted regulations of the Board. This authority extends to any member of the Board or its authorized employees.

      Sec. 100. (Deleted by amendment.)

      Sec. 100.5. NRS 644.380 is hereby amended to read as follows:

      644.380  1.  Any person desiring to conduct a school of cosmetology in which any one or any combination of the occupations of cosmetology are taught must apply to the Board for a license, through the owner, manager or person in charge, upon forms prepared and furnished by the Board. Each application must contain proof of the particular requisites for a license provided for in this chapter, and must be verified by the oath of the maker. The forms must be accompanied by:

      (a) A detailed floor plan of the proposed school;

      (b) The name, address and number of the license of the manager or person in charge and of each instructor;

      (c) Evidence of financial ability to provide the facilities and equipment required by regulations of the Board and to maintain the operation of the proposed school for 1 year;

      (d) Proof that the proposed school will commence operation with an enrollment of not less than 25 bona fide students;

      (e) The annual fee for a license;

      (f) A copy of the contract for the enrollment of a student in a program at the school of cosmetology; and

      (g) The name and address of the person designated to accept service of process.

      2.  Upon receipt by the Board of the application, the Board shall, before issuing a license, determine whether the proposed school:

      (a) Is suitably located.

      (b) Contains at least 5,000 square feet of floor space and adequate equipment.

      (c) Has a contract for the enrollment of a student in a program at the school of cosmetology that is approved by the Board.

      (d) Admits as regular students only persons who have received a certificate of graduation from high school, or the recognized equivalent of such a certificate, or who are beyond the age of compulsory school attendance.

      (e) Meets all requirements established by regulations of the Board.

      3.  The annual fee for a license for a school of cosmetology is not less than $500 and not more than $800.

      4.  If the proposed school meets all requirements established by this chapter and the regulations adopted pursuant thereto, the Board shall issue a license to the proposed school. The license must contain:

      (a) The name of the proposed school;

      (b) A statement that the proposed school is authorized to operate educational programs beyond secondary education; and

      (c) Such other information as the Board considers necessary.

 


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ê2013 Statutes of Nevada, Page 2246 (Chapter 406, SB 220)ê

 

      5.  If the ownership of the school changes or the school moves to a new location, the school may not be operated until a new license is issued by the Board.

      [5.]6.  After a license has been issued for the operation of a school of cosmetology, the licensee must obtain the approval of the Board before making any changes in the physical structure of the school.

      Sec. 101. NRS 644.446 is hereby amended to read as follows:

      644.446  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      2.  The charging document filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

      3.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 102. (Deleted by amendment.)

      Sec. 103. Chapter 654 of NRS is hereby amended by adding thereto the provisions set forth as sections 104 to 107, inclusive, of this act.

      Sec. 104. Whenever any person has engaged or is about to engage in any conduct which constitutes a violation of the provisions of this chapter, the district court of any county, on application of the Board, may issue an injunction or any other order restraining such conduct. Proceedings under this section must be governed by Rule 65 of the Nevada Rules of Civil Procedure, except that no bond or undertaking is required in any action commenced by the Board.

      Sec. 105. Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who acts in the capacity of a nursing facility administrator or an administrator of a residential facility for groups without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 106. A member or any agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter acts in the capacity of a nursing facility administrator or an administrator of a residential facility for groups and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation, an inspection to determine whether any person at the premises is acting in the capacity of a nursing facility administrator or an administrator of a residential facility for groups without the appropriate license issued pursuant to the provisions of this chapter.

 


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ê2013 Statutes of Nevada, Page 2247 (Chapter 406, SB 220)ê

 

      Sec. 107. 1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

      6.  As used in this section, “licensing board” means a board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644 or 654 of NRS.

      Sec. 108. NRS 654.110 is hereby amended to read as follows:

      654.110  1.  In a manner consistent with the provisions of chapter 622A of NRS, the Board shall:

      (a) Develop, impose and enforce standards which must be met by persons to receive licenses as nursing facility administrators or administrators of residential facilities for groups. The standards must be designed to ensure that nursing facility administrators or persons acting as administrators of residential facilities for groups will be persons who are of good character and otherwise suitable, and who, by training or experience in their respective fields of administering health care facilities, are qualified to serve as nursing facility administrators or administrators of residential facilities for groups.

      (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether a person meets those standards.

      (c) Issue licenses to persons determined, after the application of appropriate techniques, to meet those standards.

      (d) Revoke or suspend licenses previously issued by the Board in any case if the person holding the license is determined substantially to have failed to conform to the requirements of the standards.

      (e) Establish and carry out procedures designed to ensure that persons licensed as nursing facility administrators or administrators of residential facilities for groups will, during any period they serve as such, comply with the requirements of the standards.

      (f) Receive, investigate and take appropriate action with respect to any charge or complaint filed with the Board to the effect that any person [licensed as a nursing facility administrator or an administrator of a residential facility for groups] has failed to comply with the requirements of the standards. [The] Except as otherwise provided in this paragraph, the Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint.

 


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ê2013 Statutes of Nevada, Page 2248 (Chapter 406, SB 220)ê

 

Board shall initiate an investigation of any charge or complaint filed with the Board within 30 days after receiving the charge or complaint. A complaint may be filed anonymously. If a complaint is filed anonymously, the Board may accept the complaint but may refuse to consider the complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      (g) Conduct a continuing study of:

             (1) Facilities for skilled nursing, facilities for intermediate care and their administrators; and

             (2) Residential facilities for groups and their administrators,

Ê with a view to the improvement of the standards imposed for the licensing of administrators and of procedures and methods for the enforcement of the standards.

      (h) Conduct or approve, or both, a program of training and instruction designed to enable all persons to obtain the qualifications necessary to meet the standards set by the Board for qualification as a nursing facility administrator or an administrator of a residential facility for groups.

      2.  Except as otherwise provided in this section, all records kept by the Board, not otherwise privileged or confidential, are public records.

      3.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

      4.  The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the Board when determining whether to impose discipline are public records.

      5.  The [provisions of this section do not prohibit the] Board [from communicating or cooperating] shall, to the extent feasible, communicate or cooperate with or [providing] provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

      Sec. 109. (Deleted by amendment.)

      Sec. 110. NRS 179.121 is hereby amended to read as follows:

      179.121  1.  All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture:

      (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft if it is punishable as a felony;

      (b) The commission of or attempted commission of any felony with the intent to commit, cause, aid, further or conceal an act of terrorism;

      (c) A violation of NRS 202.445 or 202.446;

      (d) The commission of any crime by a criminal gang, as defined in NRS 213.1263; or

      (e) A violation of NRS 200.463 to 200.468, inclusive, 201.300 to 201.340, inclusive, 202.265, 202.287, 205.473 to 205.513, inclusive, 205.610 to 205.810, inclusive, 370.380, 370.382, 370.395, 370.405 , [or] 465.070 to 465.085, inclusive [.]

 


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ê2013 Statutes of Nevada, Page 2249 (Chapter 406, SB 220)ê

 

465.085, inclusive [.] , 630.400, 630A.600, 631.400, 632.285, 632.291, 632.315, 633.741, 634.227, 634A.230, 635.167, 636.145, 637.090, 637A.352, 637B.290, 639.100, 639.2813, 640.169, 640A.230, 644.190 or 654.200.

      2.  Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

      (a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

      (b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner’s knowledge, consent or willful blindness;

      (c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

      (d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the felony. If a conveyance is forfeited, the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

      3.  For the purposes of this section, a firearm is loaded if:

      (a) There is a cartridge in the chamber of the firearm;

      (b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

      (c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.

      4.  As used in this section, “act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      Sec. 111.  1.  Any person who is admitted to a school of cosmetology on or before the effective date of section 100.5 of this act shall be deemed to be admitted in compliance with the amendatory provisions of section 100.5 of this act.

      2.  The State Board of Cosmetology shall, as soon as practicable after the effective date of section 100.5 of this act and at no cost to the school of cosmetology, issue to each school of cosmetology that meets the requirements of NRS 644.380, as amended by section 100.5 of this act a license that complies with the amendatory provisions of that section.

      Sec. 112.  1.  This section and sections 98.5, 100.5 and 111 of this act become effective upon passage and approval.

      2.  Sections 1 to 98, inclusive, 99, 100 and 101 to 110, inclusive, of this act become effective on October 1, 2013.

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ê2013 Statutes of Nevada, Page 2250ê

 

CHAPTER 407, SB 267

Senate Bill No. 267–Senators Woodhouse, Spearman, Parks; Ford and Segerblom

 

CHAPTER 407

 

[Approved: June 3, 2013]

 

AN ACT relating to tanning establishments; prohibiting an owner or operator of a tanning establishment from allowing a person who is less than 18 years of age to use the tanning equipment of the establishment; requiring an owner or operator of a tanning establishment to post certain warning signs concerning the use of tanning equipment; authorizing certain persons to bring an action against an owner or operator of a tanning establishment under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 8 of this bill prohibits an owner or operator of a tanning establishment from allowing a person who is less than 18 years of age to use the tanning equipment of the establishment.

      Section 9 of this bill requires an owner or operator of a tanning establishment to post a notice in a conspicuous place informing customers: (1) that a person who is less than 18 years of age is prohibited from using the tanning equipment; (2) that the owner or operator of the tanning establishment may be subject to civil action for certain violations; (3) that any person may report violations to any law enforcement agency; and (4) of certain health risks associated with the use of tanning equipment. Section 10 of this bill requires an owner or operator of a tanning establishment to post in a conspicuous place in each area where tanning equipment is used a warning sign informing users of certain safety procedures that must be followed while using the tanning equipment. Section 10 also establishes certain civil penalties for failure to post such warning signs. Section 11 of this bill requires an owner or operator of a tanning establishment to ensure that a qualified person be present at the tanning establishment during operating hours and that each user be aware of and use certain safety equipment. Section 11 prohibits a person from using the tanning equipment of a tanning establishment unless he or she signs a statement of acknowledgment and uses protective eyewear while using the tanning equipment. Section 13 of this bill exempts from the provisions of this bill any physician who prescribes the use of a phototherapy device, as well as any person prescribed the use of such a device by a physician.

      Section 12 of this bill authorizes a parent or guardian to bring an action against an owner or operator of a tanning establishment who allows a child of the parent or guardian to use the tanning equipment of the establishment.

 

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 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 13, inclusive, of this act.

      Sec. 2. As used in sections 2 to 13, 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.

 


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ê2013 Statutes of Nevada, Page 2251 (Chapter 407, SB 267)ê

 

      Sec. 3. “Operator” means a person who is designated by the owner of a tanning establishment or by the lessee of the tanning equipment of the tanning establishment to operate or to assist and instruct in the operation and use of the tanning establishment or tanning equipment.

      Sec. 4. “Owner” means the owner of a tanning establishment.

      Sec. 5. “Phototherapy device” means any equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.

      Sec. 6. “Tanning equipment” means any device that emits ultraviolet radiation to tan human skin, including, without limitation, sunlamps, tanning booths and tanning beds.

      Sec. 7. “Tanning establishment” means any premises, mobile unit, building or part of a building where access to tanning equipment is provided for a fee, membership dues or any other compensation.

      Sec. 8. An owner or operator shall not allow a person who is less than 18 years of age to use the tanning equipment of a tanning establishment.

      Sec. 9. An owner or operator shall post in a conspicuous place in the tanning establishment a notice that states substantially the following:

      1.  It is unlawful for the owner or operator of a tanning establishment to allow a person who is less than 18 years of age to use any tanning equipment.

      2.  An owner or operator of a tanning establishment who violates any provision of sections 2 to 13, inclusive, of this act may be subject to civil action.

      3.  Any person may report a violation of sections 2 to 13, inclusive, of this act to any law enforcement agency.

      4.  Health risks associated with tanning include, without limitation, skin cancer, premature aging of the skin and burns to the skin.

      Sec. 10. 1.  An owner or operator shall post in a conspicuous place in each area where tanning equipment is used a warning sign that states substantially the following:

      (a) Follow instructions.

      (b) Avoid too frequent or too lengthy exposure. Like exposure to the sun, use of tanning equipment can cause eye and skin injury and allergic reactions. Repeated exposure can cause chronic sun damage, which is characterized by wrinkling, dryness, fragility and bruising of the skin and skin cancer.

      (c) Wear protective eyewear. Failure to do so may result in severe burns or long-term injury to the eyes.

      (d) Medications and cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using tanning equipment if you are using medications, have a history of skin problems or believe that you are especially sensitive to sunlight.

      (e) If your skin does not tan when exposed to the sun, it is unlikely that your skin will tan when exposed to this tanning equipment.

      2.  An owner or operator who fails to post a warning sign in accordance with subsection 1 shall:

      (a) For the first violation, pay a civil penalty of $250.

      (b) For the second violation, pay a civil penalty of $500.

      (c) For the third or subsequent violation, pay a civil penalty of $1,000.

 


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ê2013 Statutes of Nevada, Page 2252 (Chapter 407, SB 267)ê

 

      Sec. 11. An owner or operator shall ensure that:

      1.  A person who is qualified to operate the tanning equipment and who is able to inform users about, and assist such users in, the proper use of tanning equipment is present at the tanning establishment during operating hours.

      2.  Tanning equipment is properly sanitized after each use.

      3.  Each user, before he or she begins to use tanning equipment, is provided with properly sanitized and securely fitting protective eyewear that protects the wearer’s eyes from ultraviolet radiation and allows enough vision to maintain balance.

      4.  Users wear the protective eyewear described in subsection 3 when using tanning equipment.

      5.  Each user is shown how to maintain the proper exposure distance from the tanning equipment as recommended by the manufacturer.

      6.  A timing device which is accurate within 10 percent of any selected time interval is used and is remotely located so a user cannot set his or her own exposure time when using tanning equipment.

      7.  Tanning equipment is equipped with a mechanism that allows the user to turn off the tanning equipment.

      8.  Each user is limited to the maximum exposure time recommended by the manufacturer for his or her skin type.

      9.  A user is not allowed to use the tanning equipment more than once in any 24-hour period.

      10.  The interior temperature of the tanning equipment does not exceed 100 degrees Fahrenheit.

      11.  Acknowledgments signed by each user indicating that he or she understands the notices and warnings prescribed by sections 9 and 10 of this act, and that he or she agrees to use protective eyewear, are retained for at least 1 year or until the user signs a new acknowledgment.

      Sec. 12. 1.  A parent or guardian of a person who is less than 18 years of age may bring an action against an owner or operator if the owner or operator violates section 8 of this act.

      2.  In any action brought pursuant to this section, if a parent or guardian of a person who is less than 18 years of age establishes that the owner or operator violated section 8 of this act, a court shall award the parent or guardian, in addition to costs and reasonable attorney’s fees:

      (a) For the first occurrence, $500.

      (b) For the second occurrence, $1,000.

      (c) For the third or subsequent occurrence, $1,500.

      3.  Each instance in which an owner or operator allows a person who is less than 18 years of age to use the tanning equipment of the tanning establishment in violation of section 8 of this act constitutes a separate occurrence.

      Sec. 13. The provisions of sections 2 to 13, inclusive, of this act do not apply to any physician licensed to practice medicine in this State who uses, or prescribes the use of, a phototherapy device, or to any person who is prescribed the use of a phototherapy device by a physician licensed to practice medicine in this State.

      Sec. 14.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2253ê

 

CHAPTER 408, SB 314

Senate Bill No. 314–Senator Denis

 

CHAPTER 408

 

[Approved: June 5, 2013]

 

AN ACT relating to parentage; providing that the right of a parent to make decisions regarding the care, custody and management of his or her child is a fundamental right; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill provides that the liberty interest of a parent in the care, custody and management of his or her child is a fundamental right. This bill also provides that this fundamental right does not: (1) authorize a parent to engage in unlawful conduct or to abuse or neglect a child; or (2) prohibit courts, law enforcement officers or agencies which provide child welfare services from acting within their official capacity.

 

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

      1.  The liberty interest of a parent in the care, custody and management of the parent’s child is a fundamental right.

      2.  Nothing in this section shall be construed to:

      (a) Authorize a parent to engage in any unlawful conduct or to abuse or neglect a child in violation of the laws of this State.

      (b) Prohibit courts, law enforcement officers or employees of an agency which provides child welfare services from acting in their official capacity within the scope of their authority.

      3.  Except as otherwise provided by specific statute, the provisions of this section apply to any statute, local ordinance or regulation and the implementation of such statute, local ordinance or regulation regardless of whether such statute, local ordinance or regulation was adopted or effective before, on or after October 1, 2013.

      4.  As used in this section, “agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

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ê2013 Statutes of Nevada, Page 2254ê

 

CHAPTER 409, AB 80

Assembly Bill No. 80–Committee on Health and Human Services

 

CHAPTER 409

 

[Approved: June 5, 2013]

 

AN ACT relating to public health; creating the Task Force on Alzheimer’s Disease within the Department of Health and Human Services; providing for its membership; setting forth the powers and duties of the Task Force; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Assembly Concurrent Resolution No. 10 of the 2011 Legislative Session directed the Legislative Committee on Health Care to create a task force to develop a state plan to address Alzheimer’s disease and to submit the state plan to the 77th Session of the Nevada Legislature. (File No. 42, Statutes of Nevada 2011, p. 3868) Section 5 of this bill creates the Task Force on Alzheimer’s Disease within the Department of Health and Human Services and sets forth the composition of the Task Force. Section 7 of this bill requires the Task Force to take certain actions to carry out the state plan that was developed pursuant to Assembly Concurrent Resolution No. 10, including, without limitation, reviewing and revising the state plan as necessary and researching and reviewing any other issues relevant to Alzheimer’s disease.

 

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 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “State plan” means the state plan to address Alzheimer’s disease developed pursuant to section 7 of this act.

      Sec. 4.  “Task Force” means the Task Force on Alzheimer’s Disease created by section 5 of this act.

      Sec. 5.  1.  The Task Force on Alzheimer’s Disease is hereby created within the Department of Health and Human Services.

      2.  The Director shall appoint to the Task Force the following eight voting members:

      (a) A representative from an association that provides services to persons with Alzheimer’s disease;

      (b) A medical professional with expertise in cognitive disorders;

      (c) A representative of caregivers for persons with cognitive disorders;

      (d) A representative of the Nevada System of Higher Education with expertise in cognitive disorders;

      (e) A representative of providers of service for persons with cognitive disorders;

      (f) A representative from a rural area of this State;

      (g) A representative from the Department; and

      (h) A member at large.

 


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ê2013 Statutes of Nevada, Page 2255 (Chapter 409, AB 80)ê

 

      3.  The Legislative Commission shall appoint to the Task Force the following two voting members:

      (a) One member of the Senate; and

      (b) One member of the Assembly.

      4.  After the initial terms, the members of the Task Force serve terms of 2 years. A member may be reappointed to the Task Force and any vacancy must be filled in the same manner as the original appointment.

      5.  The members of the Task Force serve without compensation, except that each member is entitled, while engaged in the business of the Task Force and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  Not later than 30 days after appointment, each member of the Task Force appointed pursuant to subsection 2 shall nominate two persons to serve as his or her alternate members and submit the names of the persons nominated to the Director for appointment. An alternate member shall serve as a voting member of the Task Force when the appointed member who nominated the alternate is disqualified or unable to serve.

      Sec. 6.  1.  The members of the Task Force shall elect a Chair and a Vice Chair by a majority vote. After the initial election, the Chair and Vice Chair serve for a term of 1 year beginning on July 1 of each year. If the position of Chair or Vice Chair becomes vacant, the members of the Task Force shall elect a Chair or Vice Chair, as appropriate, from among its members for the remainder of the unexpired term.

      2.  The members of the Task Force shall meet at least once each quarter at the call of the Chair. The Task Force shall prescribe regulations for its own management and government.

      3.  A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

      4.  Each member of the Task Force who is appointed pursuant to subsection 2 of section 5 of this act serves at the pleasure of the Director.

      Sec. 7.  1.  The Task Force shall:

      (a) Develop a state plan to address Alzheimer’s disease;

      (b) Monitor the progress in carrying out the state plan;

      (c) Review and revise the state plan as necessary;

      (d) Develop and prioritize the actions necessary to carry out the state plan;

      (e) Research and review any other issues that are relevant to Alzheimer’s disease; and

      (f) On or before February 1 of each year, prepare and submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature concerning its findings and recommendations.

      2.  For the purpose of carrying out the provisions of sections 2 to 7, inclusive, of this act, the Department:

      (a) Shall provide the personnel, facilities, equipment and supplies required by the Task Force;

      (b) May accept any gifts, grants and donations; and

      (c) May enter into contracts and award grants.

 


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ê2013 Statutes of Nevada, Page 2256 (Chapter 409, AB 80)ê

 

      Sec. 8.  As soon as practicable after July 1, 2013, the appointed members of the Task Force on Alzheimer’s Disease created by section 5 of this act must be appointed to initial terms as follows:

      1.  The Director of the Department of Health and Human Services shall appoint:

      (a) Four members pursuant to subsection 2 of that section to initial terms that expire on June 30, 2014; and

      (b) Four members pursuant to subsection 2 of that section to initial terms that expire on June 30, 2015; and

      2.  The Legislative Commission shall appoint:

      (a) One member pursuant to subsection 3 of that section to an initial term that expires on June 30, 2014; and

      (b) One member pursuant to subsection 3 of that section to an initial term that expires on June 30, 2015.

      Sec. 9.  For the purposes of this act, the state plan developed pursuant to Assembly Concurrent Resolution No. 10, File No. 42, Statutes of Nevada 2011, p. 3868, shall be deemed to be the initial state plan to address Alzheimer’s disease required by section 7 of this act.

      Sec. 10.  This act becomes effective on July 1, 2013, and expires by limitation on June 30, 2017.

________

CHAPTER 410, AB 362

Assembly Bill No. 362–Assemblymen Stewart; Hickey and Munford

 

CHAPTER 410

 

[Approved: June 5, 2013]

 

AN ACT relating to health care; providing for the establishment of the HIV/AIDS Drug Donation Program; requiring the State Board of Pharmacy to adopt regulations to carry out the Program; providing immunity from liability to certain persons who participate in the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the State Board of Pharmacy to establish a Cancer Drug Donation Program to allow a person to donate a cancer drug at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program to be dispensed to a qualifying patient. (NRS 457.400-457.490) Section 9 of this bill similarly requires the Board to establish and maintain an HIV/AIDS Drug Donation Program to accept, distribute and dispense drugs donated to the Program. Section 9 allows any person to donate a prescription drug that is used to treat the human immunodeficiency virus or acquired immunodeficiency syndrome at a participating pharmacy, medical facility, health clinic or provider of health care. In addition, section 9 requires any such drug to be in the original, unopened and sealed package and not adulterated or misbranded in order to be accepted, distributed or dispensed pursuant to the Program. Sections 10-12 of this bill set forth requirements for a participating pharmacy, medical facility, health clinic or provider of health care regarding accepting, distributing and dispensing drugs pursuant to the Program and keeping records. Section 13 of this bill requires the Board to adopt regulations to carry out the Program.

 


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ê2013 Statutes of Nevada, Page 2257 (Chapter 410, AB 362)ê

 

      Section 14 of this bill provides immunity from civil or criminal liability or any disciplinary action by a professional licensing board for: (1) any person who exercises reasonable care in donating a drug to the Program; and (2) any pharmacy, medical facility, health clinic or provider of health care that exercises reasonable care in accepting, distributing or dispensing a drug pursuant to the Program. Section 14 also provides immunity from civil and criminal liability to a manufacturer of a drug for any claim or injury arising from the donation, acceptance, distribution or dispensation of any drug pursuant to the Program. Section 14 further requires any person to whom a drug is dispensed pursuant to the Program to sign a waiver of liability for any action described in that section.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 8, inclusive, of this act, have the meanings ascribed to them in those sections.

      Sec. 3. “Board” means the State Board of Pharmacy.

      Sec. 4. “HIV/AIDS drug” means a prescription drug that is used to treat the human immunodeficiency virus or acquired immunodeficiency syndrome.

      Sec. 5. “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 6. “Pharmacy” has the meaning ascribed to it in NRS 639.012.

      Sec. 7. “Program” means the HIV/AIDS Drug Donation Program established pursuant to section 9 of this act.

      Sec. 8. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 9. 1.  The Board shall establish and maintain the HIV/AIDS Drug Donation Program to accept, distribute and dispense HIV/AIDS drugs donated to the Program.

      2.  Any person or governmental entity may donate an HIV/AIDS drug to the Program. An HIV/AIDS drug may be donated at a pharmacy, medical facility, health clinic or provider of health care that participates in the Program.

      3.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program may charge a patient who receives an HIV/AIDS drug a handling fee in accordance with the regulations adopted by the Board pursuant to section 13 of this act.

      4.  A pharmacy, medical facility, health clinic or provider of health care that participates in the Program must establish written procedures for receiving and inspecting donated HIV/AIDS drugs which are approved by the Board.

      5.  An HIV/AIDS drug may be accepted, distributed or dispensed pursuant to the Program only if the HIV/AIDS drug:

      (a) Is in its original, unopened, sealed and tamper-evident unit dose packaging or, if packaged in single-unit doses, the single-unit dose packaging is unopened;

 


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ê2013 Statutes of Nevada, Page 2258 (Chapter 410, AB 362)ê

 

      (b) Is not adulterated or misbranded; and

      (c) Bears an expiration date that is 180 days or more after the date on which the drug is donated.

      6.  An HIV/AIDS drug donated to the Program may not be:

      (a) Resold; or

      (b) Designated by the donor for a specific person.

      7.  The provisions of this section do not require a pharmacy, medical facility, health clinic or provider of health care to participate in the Program.

      Sec. 10. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program shall:

      1.  Maintain the records for any HIV/AIDS drug that is donated to the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. Records for any HIV/AIDS drug donated to the Program must include, without limitation:

      (a) The date the pharmacy, medical facility, health clinic or provider of health care received the drug;

      (b) The date the drug was dispensed pursuant to the original prescription;

      (c) The original prescription number of the drug;

      (d) The name of the drug;

      (e) The dosage of the drug;

      (f) The quantity of the drug that is donated;

      (g) The date of expiration of the drug;

      (h) The name, address and telephone number of the person who originally dispensed the drug;

      (i) The name, address and telephone number of the person who donated the drug; and

      (j) The lot number of the drug.

      2.  Maintain the record of an HIV/AIDS drug that is distributed to another pharmacy, medical facility, health clinic or provider of health care which is participating in the Program separate from all other records kept by the pharmacy, medical facility, health clinic or provider of health care. The records for any HIV/AIDS drug distributed to another pharmacy, medical facility, health clinic or provider of health care must include, without limitation:

      (a) The information required by subsection 1;

      (b) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care that is distributing the drug;

      (c) The quantity of the drug that is being distributed; and

      (d) The name, address and telephone number of the pharmacy, medical facility, health clinic or provider of health care to which the drug is distributed.

      3.  Record and retain the name and telephone number of any person to whom a donated HIV/AIDS drug is dispensed.

      4.  Store an HIV/AIDS drug that is donated to the Program:

      (a) Pursuant to the recommendations of the manufacturer of the drug concerning the storage conditions;

      (b) Separate from all other drugs; and

      (c) In a locked storage area.

 


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ê2013 Statutes of Nevada, Page 2259 (Chapter 410, AB 362)ê

 

      Sec. 11. An HIV/AIDS drug donated for use in the Program may only be dispensed:

      1.  By a pharmacist who is registered pursuant to chapter 639 of NRS; and

      2.  To a person who is eligible to receive HIV/AIDS drugs dispensed pursuant to the Program.

      Sec. 12. A pharmacy, medical facility, health clinic or provider of health care that participates in the Program:

      1.  Shall comply with all applicable state and federal laws concerning the storage, distribution and dispensing of any HIV/AIDS drugs donated to the Program; and

      2.  May distribute an HIV/AIDS drug donated to the Program to another pharmacy, medical facility, health clinic or provider of health care for use in the Program.

      Sec. 13. The Board shall adopt regulations to carry out the provisions of this chapter. The regulations must prescribe, without limitation:

      1.  The requirements for the participation of pharmacies, medical facilities, health clinics and providers of health care in the Program;

      2.  The criteria for determining the eligibility of persons to receive HIV/AIDS drugs dispensed pursuant to the Program, including, without limitation, a requirement that a person apply to the Board on a form prescribed by the Board for eligibility to receive HIV/AIDS drugs dispensed or distributed pursuant to the Program;

      3.  The categories of HIV/AIDS drugs that may be accepted for distribution or dispensing pursuant to the Program;

      4.  The maximum fee that a pharmacy, medical facility, health clinic or provider of health care may charge to distribute or dispense HIV/AIDS drugs pursuant to the Program; and

      5.  The requirements for the written procedures established by a pharmacy, medical facility, health clinic or provider of health care for receiving and inspecting donated HIV/AIDS drugs and the manner in which a pharmacy, medical facility, health clinic or provider of health care must submit such procedures for approval.

      Sec. 14. 1.  A person who exercises reasonable care in the donation of an HIV/AIDS drug in accordance with the provisions of this chapter and the regulations adopted pursuant thereto is not subject to any civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the donation of the HIV/AIDS drug.

      2.  A pharmacy, medical facility, health clinic or provider of health care which participates in the Program and which exercises reasonable care in the acceptance, distribution or dispensation of an HIV/AIDS drug is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any loss, injury or death that results from the acceptance, distribution or dispensation of the HIV/AIDS drug.

      3.  A manufacturer of an HIV/AIDS drug is not subject to civil or criminal liability for any claim or injury arising from the donation, acceptance, distribution or dispensation of the HIV/AIDS drug pursuant to this chapter and the regulations adopted pursuant thereto.

      4.  An HIV/AIDS drug may not be dispensed pursuant to the Program unless the person to whom the drug is dispensed has signed a waiver of liability for any action described in this section performed by any person, pharmacy, medical facility, health clinic, provider of health care or manufacturer of the HIV/AIDS drug.

 


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ê2013 Statutes of Nevada, Page 2260 (Chapter 410, AB 362)ê

 

liability for any action described in this section performed by any person, pharmacy, medical facility, health clinic, provider of health care or manufacturer of the HIV/AIDS drug.

      Sec. 15.  This act becomes effective:

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

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

________

CHAPTER 411, AB 414

Assembly Bill No. 414–Committee on Education

 

CHAPTER 411

 

[Approved: June 5, 2013]

 

AN ACT relating to education; requiring instruction in the administration of cardiopulmonary resuscitation and the use of an automated external defibrillator to be included, to the extent money is available for this purpose, within the course of study for health for pupils enrolled in middle schools, junior high schools or high schools; providing exceptions for certain pupils; requiring private secondary schools to include similar instruction, to the extent money is available for this purpose, in a course of study for health; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law designates, in addition to the core academic subjects that must be taught in all public schools, the following subjects that must be taught as applicable for grade levels: (1) the arts; (2) computer education and technology; (3) health; and (4) physical education. (NRS 389.018) The State Board of Education is required to adopt regulations establishing the courses of study for the prescribed academic subjects, including health. (NRS 389.0185) Sections 1 and 2 of this bill require a course of study in health established by the State Board to include, for pupils enrolled in middle schools, junior high schools or high schools and to the extent money is available for this purpose, instruction in the administration of cardiopulmonary resuscitation and the use of an automated external defibrillator. The requirements also apply, to the extent money is available for this purpose, to charter schools that enroll pupils at those grade levels. If instruction is offered, a pupil who is enrolled in a course of study of health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction is not required to complete the instruction to pass the course of study in health.

      Existing law requires a private school to provide instruction in the courses of study prescribed by the State Board or courses of study prepared by the private school and approved by the State Board. (NRS 394.130) Section 3 of this bill requires a private secondary school which provides a course of study in health to include in the course of study, to the extent money is available for this purpose, instruction in the administration of cardiopulmonary resuscitation and the use of an automated external defibrillator for the grade levels determined by the private school. The same exemptions as prescribed by section 2 apply to a pupil enrolled in a private school through a program of distance education and a pupil with a disability.

 


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ê2013 Statutes of Nevada, Page 2261 (Chapter 411, AB 414)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 389.018 is hereby amended to read as follows:

      389.018  1.  The following subjects are designated as the core academic subjects that must be taught, as applicable for grade levels, in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) English, including reading, composition and writing;

      (b) Mathematics;

      (c) Science; and

      (d) Social studies, which includes only the subjects of history, geography, economics and government.

      2.  Except as otherwise provided in this subsection, a pupil enrolled in a public high school must enroll in a minimum of:

      (a) Four units of credit in English;

      (b) Four units of credit in mathematics, including, without limitation, Algebra I and geometry, or an equivalent course of study that integrates Algebra I and geometry;

      (c) Three units of credit in science, including two laboratory courses; and

      (d) Three units of credit in social studies, including, without limitation:

             (1) American government;

             (2) American history; and

             (3) World history or geography.

Ê A pupil is not required to enroll in the courses of study and credits required by this subsection if the pupil, the parent or legal guardian of the pupil and an administrator or a counselor at the school in which the pupil is enrolled mutually agree to a modified course of study for the pupil and that modified course of study satisfies at least the requirements for a standard high school diploma or an adjusted diploma, as applicable.

      3.  Except as otherwise provided in this subsection, in addition to the core academic subjects, the following subjects must be taught as applicable for grade levels and to the extent practicable in all public schools, the Caliente Youth Center, the Nevada Youth Training Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS:

      (a) The arts;

      (b) Computer education and technology;

      (c) Health; and

      (d) Physical education.

Ê If the State Board requires the completion of course work in a subject area set forth in this subsection for graduation from high school or promotion to the next grade, a public school shall offer the required course work. [Unless] Except as otherwise provided for a course of study in health prescribed by subsection 1 of NRS 389.0185, unless a subject is required for graduation from high school or promotion to the next grade, a charter school is not required to comply with this subsection.

 


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ê2013 Statutes of Nevada, Page 2262 (Chapter 411, AB 414)ê

 

      Sec. 2. NRS 389.0185 is hereby amended to read as follows:

      389.0185  1.  The State Board shall adopt regulations establishing courses of study and the grade levels for which the courses of study apply for:

      [1.](a) The academic subjects set forth in NRS 389.018. A course of study in health prescribed pursuant to paragraph (c) of subsection 3 of NRS 389.018 must, to the extent money is available for this purpose, for pupils enrolled in middle school, junior high school or high school, including, without limitation, pupils enrolled in those grade levels at a charter school, include instruction in:

            (1) The administration of hands-only or compression-only cardiopulmonary resuscitation, including a psychomotor skill-based component, according to the guidelines of the American Red Cross or American Heart Association; and

            (2) The use of an automated external defibrillator.

      [2.](b) Citizenship and physical training for pupils enrolled in high school.

      [3.](c) Physiology, hygiene and , except as otherwise prescribed by paragraph (a), cardiopulmonary resuscitation.

      [4.](d) The prevention of suicide.

      [5.](e) Instruction relating to child abuse.

      [6.](f) The economics of the American system of free enterprise.

      [7.](g) American Sign Language.

      [8.](h) Environmental education.

      [9.](i) Adult roles and responsibilities.

Ê A course of study established for [subsection 1] paragraph (a) may include one or more of the subjects listed in [subsections 2 to 9,] paragraphs (b) to (i), inclusive.

      2.  If a course of study in health in middle school, junior high school or high school includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator:

      (a) A teacher who provides the instruction is not required to hold certification in the administration of cardiopulmonary resuscitation unless required by the board of trustees of the school district pursuant to NRS 391.092 or by the governing body of the charter school.

      (b) The board of trustees of the school district or the governing body of the charter school may collaborate with entities to assist in the provision of the instruction and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.

      (c) A pupil who is enrolled in a course of study in health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction is not required to complete the instruction to pass the course of study in health.

      Sec. 3. NRS 394.130 is hereby amended to read as follows:

      394.130  1.  In order to secure uniform and standard work for pupils in private schools in this State, instruction in the subjects required by law for pupils in the public schools shall be required of pupils receiving instruction in such private schools, either under the regular state courses of study prescribed by the [State] Board [of Education] or under courses of study prepared by such private schools and approved by the [State] Board . [of Education.]

 


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ê2013 Statutes of Nevada, Page 2263 (Chapter 411, AB 414)ê

 

      2.  A course of study in health provided at a private secondary school must include, to the extent money is available for this purpose and for the grade levels determined by the private school, instruction in:

      (a) The administration of hands-only or compression-only cardiopulmonary resuscitation, including a psychomotor skill-based component, according to the guidelines of the American Red Cross or American Heart Association; and

      (b) The use of an automated external defibrillator.

      3.  If a course of study in health in a private secondary school includes instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator:

      (a) A teacher who provides the instruction is not required to hold certification in the administration of cardiopulmonary resuscitation.

      (b) The private school may collaborate with entities to assist in the provision of the instruction and the provision of equipment necessary for the instruction, including, without limitation, fire departments, hospitals, colleges and universities and public health agencies.

      (c) A pupil who is enrolled in a course of study in health through a program of distance education or a pupil with a disability who cannot perform the tasks included in the instruction is not required to complete the instruction to pass the course of study in health.  

      4.  Such private schools shall be required to furnish from time to time such reports as the Superintendent of Public Instruction may find necessary as to enrollment, attendance and general progress within such schools.

      [3.]5.  Nothing in this section shall be so construed as:

      (a) To interfere with the right of the proper authorities having charge of private schools to give religious instruction to the pupils enrolled therein.

      (b) To give such private schools any right to share in the public school funds apportioned for the support of the public schools of this State.

      Sec. 4.  This act becomes effective on July 1, 2013.

________

CHAPTER 412, AB 419

Assembly Bill No. 419–Committee on Government Affairs

 

CHAPTER 412

 

[Approved: June 5, 2013]

 

AN ACT relating to the Public Employees’ Benefits Program; revising provisions governing the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      The Board of the Public Employees’ Benefits Program is required to: (1) establish and carry out the Public Employees’ Benefits Program; and (2) ensure that the Program is funded on an actuarially sound basis and operated in accordance with sound insurance and business practices. (NRS 287.043) This bill revises the membership of the Board from 9 members to 10 members by adding an additional member who is retired from public employment and who is appointed by the Governor.

 


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ê2013 Statutes of Nevada, Page 2264 (Chapter 412, AB 419)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 287.041 is hereby amended to read as follows:

      287.041  1.  There is hereby created the Board of the Public Employees’ Benefits Program. The Board consists of [nine] 10 members appointed as follows:

      (a) One member who is a professional employee of the Nevada System of Higher Education, appointed by the Governor upon consideration of any recommendations of organizations that represent employees of the Nevada System of Higher Education.

      (b) [One member who is] Two members who are retired from public employment, appointed by the Governor upon consideration of any recommendations of organizations that represent retired public employees.

      (c) Two members who are employees of the State, appointed by the Governor upon consideration of any recommendations of organizations that represent state employees.

      (d) One member appointed by the Governor upon consideration of any recommendations of organizations that represent employees of local governments that participate in the program.

      (e) One member who is employed by this State in a managerial capacity and has substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor. The Governor may appoint the Executive Officer of the Public Employees’ Retirement System to fill this position.

      (f) Two members who have substantial and demonstrated experience in risk management, portfolio investment strategies or employee benefits programs appointed by the Governor.

      (g) The Director of the Department of Administration or the designee of the Director.

      2.  Of the [six] seven persons appointed to the Board pursuant to paragraphs (a) to (e), inclusive, of subsection 1, at least one member must have an advanced degree in business administration, economics, accounting, insurance, risk management or health care administration, and at least two members must have education or proven experience in the management of employees’ benefits, insurance, risk management, health care administration or business administration.

      3.  Each person appointed as a member of the Board must:

      (a) Except for a member appointed pursuant to paragraph (f) of subsection 1, have been a participant in the Program for at least 1 year before the person’s appointment;

      (b) Except for a member appointed pursuant to paragraph (f) of subsection 1, be a current employee of the State of Nevada or another public employer that participates in the Program or a retired public employee who is a participant in the Program;

      (c) Not be an elected officer of the State of Nevada or any of its political subdivisions; and

      (d) Not participate in any business enterprise or investment:

 


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ê2013 Statutes of Nevada, Page 2265 (Chapter 412, AB 419)ê

 

             (1) With any vendor or provider to the Program; or

             (2) In real or personal property if the Program owns or has a direct financial interest in that enterprise or property.

      4.  Except as otherwise provided in this subsection, after the initial terms, the term of an appointed member of the Board is 4 years and until the member’s successor is appointed and takes office unless the member no longer possesses the qualifications for appointment set forth in this section or is removed by the Governor. If a member loses the requisite qualifications within the last 12 months of the member’s term, the member may serve the remainder of the member’s term. Members are eligible for reappointment. A vacancy occurring in the membership of the Board must be filled in the same manner as the original appointment.

      5.  The appointed members of the Board serve at the pleasure of the Governor. If the Governor wishes to remove a member from the Board for any reason other than malfeasance or misdemeanor, the Governor shall provide the member with written notice which states the reason for and the effective date of the removal.

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

________

CHAPTER 413, AB 1

Assembly Bill No. 1–Committee on Health and Human Services

 

CHAPTER 413

 

[Approved: June 6, 2013]

 

AN ACT relating to public welfare; providing for the inclusion in the State Plan for Medicaid of emergency care, including dialysis, for patients with kidney failure; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill requires the Director of the Department of Health and Human Services to include in the State Plan for Medicaid a requirement that the State cover certain costs of emergency care, including dialysis, provided to patients with kidney failure.

 

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 422 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The Director shall include in the State Plan for Medicaid a requirement that the State shall pay the nonfederal share of expenses incurred in the administration of dialysis that is provided to stabilize a patient with kidney failure and further emergency care necessary for the treatment of such kidney failure.

      2.  For the purposes of this section, “dialysis” means the method by which a dissolved substance is removed from the body of a patient by diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.

 


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ê2013 Statutes of Nevada, Page 2266 (Chapter 413, AB 1)ê

 

diffusion, osmosis and convection from one fluid compartment to another fluid compartment across a semipermeable membrane.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 5.  This act becomes effective on July 1, 2013.

________

CHAPTER 414, AB 31

Assembly Bill No. 31–Committee on Government Affairs

 

CHAPTER 414

 

[Approved: June 6, 2013]

 

AN ACT relating to public records; revising provisions governing requests for books and records of certain agencies of the Executive Department of the State Government; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, all public books and records of a governmental entity, the contents of which are not otherwise declared by law to be confidential, are required to be open at all times during office hours for inspection and copying by the public. (NRS 239.010) The Nevada Supreme Court has established a balancing test for a governmental entity to apply to determine whether to disclose a book or record when the law is silent with respect to the confidentiality of the book or record. Under this balancing test, the governmental entity is required to determine whether the private or governmental interest served by withholding the book or record clearly outweighs the right of the public to inspect or copy the book or record. (Donrey v. Bradshaw, 106 Nev. 630 (1990); DR Partners v. Board of County Comm’rs, 116 Nev. 616 (2000); Reno Newspapers, Inc. v. Haley, 126 Nev. Adv. Op. 23, 234 P.3d 922 (2010); Reno Newspapers, Inc. v. Gibbons, 127 Nev. Adv. Op. 79, 266 P.3d 623 (2011)) The legislative declaration for the Nevada Public Records Act (chapter 239 of NRS) requires that the Act be construed liberally to foster democratic principles by providing the public with access to inspect and copy public books and records and that any restriction on the disclosure of public books and records be construed narrowly. (NRS 239.001) Existing law imposes the burden of proof on a governmental entity that withholds a record to prove, by a preponderance of the evidence, that the record, or a part thereof, is confidential. (NRS 239.0113)

      Section 1 of this bill requires the head of each agency, bureau, board, commission, department, division or any other unit of the Executive Department of State Government except the Nevada System of Higher Education to designate one or more employees to act as records official for the agency, whose duties relate to handling requests for public books or records of the agency. Section 1 requires the State Library and Archives Administrator, in cooperation with the Attorney General, to prescribe: (1) the form for requesting to inspect a copy of a public book or record of such an agency; (2) the form to be used by such an agency to respond to such a request; and (3) the procedures with which a records official is required to comply in carrying out his or her duties. Section 1 also requires each such agency to make those forms and procedures available on any website maintained by the agency on the Internet.

      Sections 3 and 3.5 of this bill compile all the statutory provisions that prohibit the disclosure of or specifically declare public books and records confidential.

 


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ê2013 Statutes of Nevada, Page 2267 (Chapter 414, AB 31)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 239 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The head of each agency of the Executive Department shall designate one or more employees of the agency to act as records official for the agency.

      2.  A records official designated pursuant to subsection 1 shall carry out the duties imposed pursuant to this chapter on the agency of the Executive Department that designated him or her with respect to a request to inspect or copy a public book or record of the agency.

      3.  The State Library and Archives Administrator, pursuant to NRS 378.255 and in cooperation with the Attorney General, shall prescribe:

      (a) The form for a request by a person to inspect or copy a public book or record of an agency of the Executive Department pursuant to NRS 239.0107;

      (b) The form for the written notice required to be provided by an agency of the Executive Department pursuant to paragraph (b), (c) or (d) of subsection 1 of NRS 239.0107; and

      (c) By regulation the procedures with which a records official must comply in carrying out his or her duties.

      4.  Each agency of the Executive Department shall make available on any website maintained by the agency on the Internet or its successor the forms and procedures prescribed by the State Library and Archives Administrator and the Attorney General pursuant to subsection 3.

      Sec. 2. NRS 239.005 is hereby amended to read as follows:

      239.005  As used in this chapter, unless the context otherwise requires:

      1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

      3.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

      [3.] 4.  “Division” means the Division of State Library and Archives of the Department of Administration.

      [4.] 5.  “Governmental entity” means:

      (a) An elected or appointed officer of this State or of a political subdivision of this State;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State , including, without limitation, an agency of the Executive Department, or of a political subdivision of this State;

      (c) A university foundation, as defined in NRS 396.405; or

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

 


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ê2013 Statutes of Nevada, Page 2268 (Chapter 414, AB 31)ê

 

      [5.] 6.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

      (a) Substantially similar to the services provided by the public employees of the governmental entity; and

      (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

      Sec. 3. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in [subsection 3,] this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.030, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.061, 126.141, 126.161, 126.163, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.440, 281A.470, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 389.015, 391.035, 392.029, 392.129, 392.147, 392.264, 392.271, 392.456, 392.4575, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 522.040, 534A.031, 561.285, 571.160, 574.053, 584.583, 584.5835, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.

 


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ê2013 Statutes of Nevada, Page 2269 (Chapter 414, AB 31)ê

 

640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 706.1725, 704B.320, 704B.325, 710.159, 711.600 and sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity [, the contents of which are not otherwise declared by law to be confidential,] must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      Sec. 3.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.030, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.061, 126.141, 126.161, 126.163, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.

 


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ê2013 Statutes of Nevada, Page 2270 (Chapter 414, AB 31)ê

 

213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.440, 281A.470, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 389.015, 391.035, 392.029, 392.129, 392.147, 392.264, 392.271, 392.456, 392.4575, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 522.040, 534A.031, 561.285, 571.160, 574.053, 584.583, 584.5835, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 706.1725, 704B.320, 704B.325, 710.159, 711.600 and sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

 


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ê2013 Statutes of Nevada, Page 2271 (Chapter 414, AB 31)ê

 

laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      Sec. 4. (Deleted by amendment.)

      Sec. 5.  1.  This section and sections 1, 2 and 3 of this act become effective on October 1, 2013.

      2.  Section 3 of this act expires by limitation on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance are ratified by the President and the United States deposits its instrument of ratification.

      3.  Section 3.5 of this act becomes effective on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance are ratified by the President and the United States deposits its instrument of ratification.

________

CHAPTER 415, AB 50

Assembly Bill No. 50–Committee on Government Affairs

 

CHAPTER 415

 

[Approved: June 6, 2013]

 

AN ACT relating to local government finance; revising the termination date of certain redevelopment plans; requiring certain redevelopment agencies to make available to the public certain reports concerning proposed redevelopment projects; requiring certain redevelopment agencies to include additional information in certain annual reports; revising provisions governing the set aside and use of certain revenues from taxes imposed on property in a redevelopment area; eliminating the prohibition on certain local governments creating a tourism improvement district that includes any property within the boundaries of a redevelopment area; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 2272 (Chapter 415, AB 50)ê

 

Legislative Counsel’s Digest:

      Existing law provides that a redevelopment plan adopted by a redevelopment agency of a city or county before January 1, 1991, terminates at the end of the fiscal year in which the later of the following events occurs: (1) the principal and interest of the last maturing securities issued before that date concerning the redevelopment area are fully paid; or (2) 45 years after the date on which the original redevelopment plan was adopted. (NRS 279.438) Section 1.5 of this bill extends the deadline for that second event from 45 years to 60 years with respect to a redevelopment plan adopted by the redevelopment agency of a city whose population is 500,000 or more (currently the City of Las Vegas) if certain requirements are met.

      Under existing law, the redevelopment agency of a city or county, with the consent of the governing body of the city or county, is authorized, in certain circumstances, to pay all or part of the value of the land for and the cost of the construction of a building, facility, structure or other improvement to real property or installation of an improvement which is publicly or privately owned and is located within or without a redevelopment area for which the agency has adopted a redevelopment plan. (NRS 279.486) Section 2 of this bill requires the redevelopment agency of a city whose population is 500,000 or more (currently the City of Las Vegas) to make available to the general public a detailed report concerning such a proposed expenditure for land or improvements by the agency at least 14 days before a meeting at which the governing body of the city is scheduled to consider the proposed expenditure.

      Under existing law, a redevelopment agency that has adopted a redevelopment plan for a redevelopment area on or after July 1, 2011, is required to submit soon after the adoption of the plan one report to the Legislature and the governing body of the city or county, as applicable, containing certain initial information about the redevelopment area. Existing law also requires a redevelopment agency that has adopted a redevelopment plan for a redevelopment area at any time to submit to the Legislature and the governing body of the city or county, as applicable, an annual report containing information about the redevelopment area for the previous fiscal year. (NRS 279.6025) Section 3 of this bill requires the redevelopment agency of a city whose population is 500,000 or more (currently the City of Las Vegas) to include certain additional information in the annual report.

      Under existing law, a city whose population is 500,000 or more (currently the City of Las Vegas) is required to set aside 18 percent of the revenue received from taxes levied upon taxable property in a redevelopment area each year to increase, improve and preserve the number of: (1) dwelling units in the community for low-income households; and (2) educational facilities within the redevelopment area. Section 3.5 of this bill instead requires that 18 percent of such revenues received on or after October 1, 2011, but before March 6, 2031, be set aside to: (1) increase, improve, preserve or enhance the operating viability of dwelling units in the community for low-income households; and (2) improve existing public educational facilities located within a redevelopment area or within 1 mile of a redevelopment area. Section 3.5 requires that on or after March 6, 2031, 18 percent of such revenues be set aside and used to improve existing public educational facilities located within a redevelopment area or within 1 mile of a redevelopment area. Section 1 of this bill prohibits a school district from using any money received pursuant to section 3.5 to reduce or supplant the amount of any money which the school district would otherwise expend to improve such public educational facilities.

      Section 5 of this bill eliminates the prohibition in existing law against a city or county creating a tourism improvement district after October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area. In the case of a tourism improvement district created after October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area, section 5 prohibits a redevelopment agency and the governing body of a county or city from providing financing or reimbursement pursuant to the financing and reimbursement mechanisms of both a tourism improvement district and a redevelopment area.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 279 of NRS is hereby amended by adding thereto a new section to read as follows:

      A school district shall not use any money received pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 279.685 or paragraph (c) of subsection 1 of NRS 279.685 to reduce or supplant the amount of any money which the school district would otherwise expend for the purposes described in subparagraph (2) of paragraph (b) of subsection 1 of NRS 279.685 and paragraph (c) of subsection 1 of NRS 279.685, respectively.

      Sec. 1.5. NRS 279.438 is hereby amended to read as follows:

      279.438  1.  A redevelopment plan adopted before January 1, 1991, and any amendments to the plan must terminate at the end of the fiscal year in which the principal and interest of the last maturing of the securities issued before that date concerning the redevelopment area are fully paid or :

      (a) With respect to a redevelopment plan adopted by the agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are met, 60 years after the date on which the original redevelopment plan was adopted, whichever is later.

      (b) With respect to any other redevelopment plan, including a redevelopment plan adopted by an agency of a city whose population is 500,000 or more, if the requirements set forth in subsection 2 are not met, 45 years after the date on which the original redevelopment plan was adopted, whichever is later.

      2.  A redevelopment plan adopted by an agency of a city whose population is 500,000 or more may terminate on the date prescribed by paragraph (a) of subsection 1 only if the legislative body adopts an extension of the redevelopment plan by ordinance and, on the date on which the extension is adopted:

      (a) The assessed value of each redevelopment project in the redevelopment area is not less than the assessed value of the redevelopment project in the year in which the redevelopment plan was adopted;

      (b) The assessed value of the redevelopment area is not less than 75 percent of the assessed value of the redevelopment area in the year in which the redevelopment plan was adopted; and

      (c) The agency has $100 million or more in total outstanding indebtedness represented by bonds and other securities.

      Sec. 2. NRS 279.486 is hereby amended to read as follows:

      279.486  1.  An agency may, with the consent of the legislative body, pay all or part of the value of the land for and the cost of the construction of any building, facility, structure or other improvement and the installation of any improvement which is publicly or privately owned and located within or without the redevelopment area.

      2.  Within 14 days before a meeting at which the legislative body of a city whose population is 500,000 or more is scheduled to consider an action proposed by the agency of the city pursuant to subsection 1, the agency shall make available to the public a detailed report which includes, without limitation:

 


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      (a) A copy of any contract, memorandum of understanding or other agreement between the agency or the legislative body and any other person relating to the redevelopment project.

      (b) A summary of the redevelopment project which includes, without limitation:

            (1) A full and complete description of:

                   (I) The costs of the redevelopment project, including, without limitation, the costs of acquiring any real property, clearance costs, relocation costs, the costs of any improvements which will be paid by the agency and the amount of the anticipated interest on any bonds issued or sold to finance the project.

                   (II) The estimated current value of the real property interest to be conveyed or leased, determined at its highest and best use permitted under the redevelopment plan.

                   (III) The estimated value of the real property interest to be conveyed or leased, determined at the use and with the conditions, covenants and restrictions, and development costs required by the sale or lease, and the current purchase price or present value of the lease payments which the lessee is required to make during the term of the lease. If the sale price or present value of the total rental amount to be paid to the agency or legislative body is less than the fair market value of the real property interest to be conveyed or leased, determined at the highest and best use permitted under the redevelopment plan, the agency shall provide an explanation of the reason for the difference.

             (2) An explanation of how the project will assist in the elimination of blight, including, without limitation, reference to all supporting facts and materials relied on in reaching the conclusions presented in the explanation.

      3.  Before the legislative body may give its consent [,] to an action proposed by the agency pursuant to subsection 1, it must determine that:

      (a) The buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located; and

      (b) No other reasonable means of financing those buildings, facilities, structures or other improvements are available.

Ê Those determinations by the agency and the legislative body are final and conclusive.

      [2.] 4.  In reaching its determination that the buildings, facilities, structures or other improvements are of benefit to the redevelopment area or the immediate neighborhood in which the redevelopment area is located, the legislative body shall consider:

      (a) Whether the buildings, facilities, structures or other improvements are likely to:

             (1) Encourage the creation of new business or other appropriate development;

             (2) Create jobs or other business opportunities for nearby residents;

             (3) Increase local revenues from desirable sources;

             (4) Increase levels of human activity in the redevelopment area or the immediate neighborhood in which the redevelopment area is located;

             (5) Possess attributes that are unique, either as to type of use or level of quality and design;

 


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             (6) Require for their construction, installation or operation the use of qualified and trained labor; and

             (7) Demonstrate greater social or financial benefits to the community than would a similar set of buildings, facilities, structures or other improvements not paid for by the agency.

      (b) The opinions of persons who reside in the redevelopment area or the immediate neighborhood in which the redevelopment area is located.

      (c) Comparisons between the level of spending proposed by the agency and projections, made on a pro forma basis by the agency, of future revenues attributable to the buildings, facilities, structures or other improvements.

      [3.] 5.  If the value of that land or the cost of the construction of that building, facility, structure or other improvement, or the installation of any improvement has been, or will be, paid or provided for initially by the community or other governmental entity, the agency may enter into a contract with that community or governmental entity under which it agrees to reimburse the community or governmental entity for all or part of the value of that land or of the cost of the building, facility, structure or other improvement, or both, by periodic payments over a period of years. The obligation of the agency under that contract constitutes an indebtedness of the agency which may be payable out of taxes levied and allocated to the agency under paragraph (b) of subsection 1 of NRS 279.676, or out of any other available money.

      Sec. 3. NRS 279.6025 is hereby amended to read as follows:

      279.6025  1.  In addition to the report required pursuant to the provisions of subsection 2, for each redevelopment area for which a redevelopment plan is adopted pursuant to the provisions of NRS 279.586 on or after July 1, 2011, the agency shall, on or before the January 1 next after the adoption of the plan, submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, and to the legislative body a report on a form prescribed by the Committee on Local Government Finance that includes, without limitation, the following information for the redevelopment area:

      (a) A legal description of the boundaries of the redevelopment area;

      (b) The date on which the redevelopment plan for the redevelopment area was adopted;

      (c) The scheduled termination date of the redevelopment plan;

      (d) The total sum of the assessed value of the taxable property in the redevelopment area for:

             (1) The fiscal year immediately preceding the adoption of the redevelopment plan; and

             (2) The fiscal year during which the redevelopment plan was adopted, if such fiscal year ends before the reporting deadline;

      (e) The combined overlapping tax rate of the redevelopment area;

      (f) The property tax rate of the redevelopment area;

      (g) The property tax revenue expected to be received from any tax increment area, as defined in NRS 278C.130, within the redevelopment area during the first fiscal year that the agency will receive an allocation pursuant to the provisions of NRS 279.676;

      (h) Copies of any memoranda of understanding into which the agency enters during the fiscal year in which the redevelopment plan was adopted; and

 


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      (i) The amortization schedule for any debt incurred for the redevelopment area and the reasons for incurring the debt.

      2.  On or before January 1 of each year, for each redevelopment area for which a redevelopment plan has been adopted pursuant to the provisions of NRS 279.586, the agency shall submit to the Director of the Legislative Counsel Bureau, for transmittal to the Legislature, and to the legislative body a report on a form prescribed by the Committee on Local Government Finance that includes, without limitation, the following information for the redevelopment area for the previous fiscal year:

      (a) The property tax revenue received from any tax increment area, as defined in NRS 278C.130, within the redevelopment area;

      (b) The combined overlapping tax rate of the redevelopment area;

      (c) The property tax rate of the redevelopment area;

      (d) The total sum of the assessed value of the taxable property in the redevelopment area;

      (e) If the amount reported pursuant to the provisions of paragraph (d) is less than the total sum of the assessed value of the taxable property in the redevelopment area for any other previous fiscal year, an explanation of the reason for the difference;

      (f) Copies of any memoranda of understanding into which the agency enters;

      (g) The amortization schedule for any debt incurred for the redevelopment area and the reasons for incurring the debt; and

      (h) Any change to the boundary of the redevelopment area and an explanation of the reason for the change.

      3.  In addition to the information required pursuant to the provisions of subsection 2, an agency of a city whose population is 500,000 or more shall include in the report submitted pursuant to subsection 2 the following information for the redevelopment area for the previous fiscal year:

      (a) A statement of all revenues and expenditures of the agency.

      (b) A statement of efforts by the agency to promote the goals of the regional development authority, as defined in NRS 231.009, including, without limitation, an explanation of the extent to which the activities of the agency have promoted private investment, the formation of businesses and the creation of jobs.

      4.  Any report for a redevelopment area submitted pursuant to the provisions of subsection 1 must be submitted with the report for the redevelopment area submitted pursuant to the provisions of subsection 2.

      Sec. 3.5. NRS 279.685 is hereby amended to read as follows:

      279.685  1.  Except as otherwise provided in this section, an agency of a city whose population is 500,000 or more that receives revenue from taxes pursuant to paragraph (b) of subsection 1 of NRS 279.676 shall set aside not less than:

      (a) Fifteen percent of that revenue received on or before October 1, 1999, and 18 percent of that revenue received after October 1, 1999, but before October 1, 2011, to increase, improve and preserve the number of dwelling units in the community for low-income households; [and]

      (b) Eighteen percent of that revenue received on or after October 1, 2011, but before March 6, 2031, to [increase,] :

             (1) Increase, improve , [and] preserve [the number of:

             (1) Dwelling] or enhance the operating viability of dwelling units in the community for low-income households; and

 


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             (2) [Educational] Improve existing public educational facilities located within [the] a redevelopment area [.] or within 1 mile of a redevelopment area; and

      (c) Eighteen percent of that revenue received on or after March 6, 2031, to improve existing public educational facilities described in subparagraph (2) of paragraph (b).

Ê For each fiscal year, the agency shall prepare a written report concerning the amount of money expended for the purposes set forth in subparagraph (2) of paragraph (b) or paragraph (c), as applicable, and shall, on or before November 30 of each year, submit a copy of the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.

      2.  The obligation of an agency to set aside not less than 15 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before July 1, 1993, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after July 1, 1993, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      3.  The obligation of an agency to set aside an additional 3 percent of the revenue from taxes allocated to and received by the agency pursuant to paragraph (b) of subsection 1 of NRS 279.676 is subordinate to any existing obligations of the agency. As used in this subsection, “existing obligations” means the principal and interest, when due, on any bonds, notes or other indebtedness whether funded, refunded, assumed or otherwise incurred by the agency before October 1, 1999, to finance or refinance in whole or in part, the redevelopment of a redevelopment area. For the purposes of this subsection, obligations incurred by an agency after October 1, 1999, shall be deemed existing obligations if the net proceeds are used to refinance existing obligations of the agency.

      4.  From the revenue set aside by an agency pursuant to paragraph (b) of subsection 1, not more than 50 percent of that amount may be used to:

      (a) Increase, improve , [and] preserve [the number] or enhance the operating viability of dwelling units in the community for low-income households; or

      (b) [Increase, improve and preserve the number of] Improve existing public educational facilities located within [the] a redevelopment area [,] or within 1 mile of a redevelopment area,

Ê unless the agency establishes that such an amount is insufficient to pay the cost of a project identified in the redevelopment plan for the redevelopment area.

      5.  Except as otherwise provided in [paragraph] paragraphs (b) and (c) of subsection 1 and subsection 4, the agency may expend or otherwise commit money for the purposes of subsection 1 outside the boundaries of the redevelopment area.

      Sec. 4. (Deleted by amendment.)

 


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      Sec. 5. NRS 271A.070 is hereby amended to read as follows:

      271A.070  1.  Except as otherwise provided in this section and NRS 271A.080, the governing body of a municipality may:

      (a) Create a tourism improvement district for the purposes of carrying out this chapter and revise the boundaries of the district by adopting an ordinance describing the boundaries of the district and generally describing the types of projects which may be financed within the district pursuant to this chapter.

      (b) Without any election, acquire, improve, equip, operate and maintain a project within a district created pursuant to paragraph (a). The project may be owned by the municipality, another governmental entity, any other person, or any combination thereof.

      (c) For the purposes of carrying out paragraph (b), include in an ordinance adopted pursuant to paragraph (a) the pledge of a single percentage specified in the ordinance, which must not exceed 75 percent, of:

             (1) An amount equal to the proceeds of the taxes imposed pursuant to NRS 372.105 and 372.185 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of a sum equal to 1.75 percent of the amount of those proceeds;

             (2) The amount of the proceeds of the taxes imposed pursuant to NRS 374.110 and 374.190 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the district during a fiscal year, after the deduction of 0.75 percent of the amount of those proceeds; and

             (3) The amount of the proceeds of the tax imposed pursuant to NRS 377.030 with regard to tangible personal property sold at retail, or stored, used or otherwise consumed, in the improvement district during a fiscal year, after the deduction of 1.75 percent of the amount of those proceeds.

      2.  A district created pursuant to this section by:

      (a) A city must be located entirely within the boundaries of that city.

      (b) A county must be located entirely within the boundaries of that county and, when the district is created, entirely outside of the boundaries of any city.

      3.  If any property within the boundaries of a district is also included within the boundaries of any other tourism improvement district or any improvement district for which any money has been pledged pursuant to NRS 271.650, the total amount of money pledged pursuant to this section and NRS 271.650 with respect to such property by all such districts must not exceed the amount authorized pursuant to this section.

      4.  [The] If the governing body of a municipality [shall not, after October 1, 2009, create] creates a tourism improvement district :

      (a) On or before October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area established pursuant to chapter 279 of NRS, the governing body and agency may provide financing or reimbursement related to a project or redevelopment project pursuant to the provisions of both NRS 271A.120 and 279.610 to 279.685, inclusive.

      (b) After October 1, 2009, that includes within its boundaries any property included within the boundaries of a redevelopment area established pursuant to chapter 279 of NRS [.] , the governing body and an agency:

 


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             (1) May provide financing or reimbursement related to a project or redevelopment project pursuant to the provisions of NRS 271A.120 or 279.610 to 279.685, inclusive, whichever is applicable.

             (2) Shall not provide such financing or reimbursement related to the project or redevelopment project pursuant to the provisions of both NRS 271A.120 and 279.610 to 279.685, inclusive.

      5.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 279.386.

      (b) “Redevelopment project” has the meaning ascribed to it in NRS 279.412.

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 416, AB 228

Assembly Bill No. 228–Assemblymen Grady, Hardy, Hambrick, Hickey, Kirner; Aizley, Elliot Anderson, Paul Anderson, Bustamante Adams, Diaz, Duncan, Eisen, Ellison, Fiore, Frierson, Hansen, Healey, Horne, Kirkpatrick, Livermore, Ohrenschall, Oscarson, Pierce, Sprinkle, Stewart, Wheeler and Woodbury

 

Joint Sponsors: Senators Hardy, Goicoechea, Gustavson; Denis, Hammond, Parks and Settelmeyer

 

CHAPTER 416

 

[Approved: June 6, 2013]

 

AN ACT relating to health care; authorizing a provider of health care who is licensed or certified in this State or in another state or territory of the United States to provide voluntary health care service in this State in association with a sponsoring organization; establishing certain restrictions on the provision of voluntary health care service by a provider of health care; requiring a sponsoring organization to register and file certain reports with the Health Division of the Department of Health and Human Services; requiring each such provider of health care to report certain information to the Health Division and to submit a complete set of fingerprints to the Health Division under certain circumstances; requiring each such provider of health care to obtain or otherwise carry a policy of professional liability insurance which includes certain coverage relating to the provision of voluntary health care service; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 7 of this bill authorizes a provider of health care who is licensed or certified in this State or another state or territory of the United States to provide voluntary health care service in this State without charge to the patient if the service is provided in association with a sponsoring organization that is registered with the Health Division of the Department of Health and Human Services. Section 7 prohibits a provider of health care from providing voluntary health care service under certain circumstances and from accepting compensation for the provision of such service. Section 8 of this bill requires a sponsoring organization to register with the Health Division and to include with the registration certain information regarding the sponsoring organization. Section 8 also requires a sponsoring organization to file quarterly reports with the Health Division containing certain information relating to the provision of voluntary health care service by a provider of health care in association with the sponsoring organization.

 


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ê2013 Statutes of Nevada, Page 2280 (Chapter 416, AB 228)ê

 

quarterly reports with the Health Division containing certain information relating to the provision of voluntary health care service by a provider of health care in association with the sponsoring organization. Section 8 requires the sponsoring organization to maintain a record of such reports for not less than 5 years and to make the reports available for inspection by the Health Division upon reasonable request. Section 8.3 of this bill requires each provider of health care who provides voluntary health care service to obtain or otherwise carry a policy of professional liability insurance which insures the provider of health care against liability arising from such service. Section 8.7 of this bill requires a provider of health care currently providing voluntary health care service to report certain information to the Health Division relating to disciplinary action and complaints or charges of malpractice. Section 8.7 further requires the provider of health care to submit to the Health Division a complete set of fingerprints for the purpose of conducting a background check under certain circumstances.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Health Division” means the Health Division of the Department of Health and Human Services.

      Sec. 4. “Sponsoring organization” means an organization that:

      1.  Organizes or arranges for the provision of voluntary health care service in association with one or more providers of health care; and

      2.  Is registered with the Health Division pursuant to section 8 of this act.

      Sec. 5. “Voluntary health care service” means professional health care service that is provided to a patient by a provider of health care:

      1.  Without charge to the patient or to a third party on behalf of the patient; and

      2.  In association with a sponsoring organization.

      Sec. 6. The Legislature hereby finds and declares that:

      1.  Access to high-quality health care service is of concern to all persons;

      2.  Access to such service is severely limited for some residents of this State, particularly those who reside in remote, rural areas or in the inner city;

      3.  Physicians and other providers of health care have traditionally worked to ensure broad access to health care service;

      4.  Many providers of health care from this State and other states or territories of the United States are willing to volunteer their services to address the health care needs of Nevadans who may otherwise not be able to obtain such service; and

      5.  It is the public policy of this State to encourage and facilitate the provision of voluntary health care service.

      Sec. 7. 1.  Notwithstanding any provision of law to the contrary and except as otherwise provided in this section, a provider of health care may provide voluntary health care service in this State in association with a sponsoring organization.

 


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ê2013 Statutes of Nevada, Page 2281 (Chapter 416, AB 228)ê

 

care may provide voluntary health care service in this State in association with a sponsoring organization.

      2.  A provider of health care shall not provide voluntary health care service in this State if:

      (a) The professional license or certificate of the provider of health care is suspended or revoked, or has been suspended or revoked within the immediately preceding 5 years, pursuant to disciplinary proceedings in this State or in any other state or territory of the United States;

      (b) The voluntary health care service provided is outside the scope of practice authorized by the professional license or certificate of the provider of health care; or

      (c) The provider of health care has not actively practiced his or her profession continuously for the immediately preceding 3 years.

      3.  A provider of health care who provides voluntary health care service pursuant to this section shall not accept compensation of any type, directly or indirectly, or any other benefit or consideration from any person or other source for the provision of the service.

      Sec. 8.  1.  A sponsoring organization shall, before organizing or arranging for the provision of voluntary health care service in this State, register with the Health Division by submitting to the Health Division a form prescribed by the Health Division which contains:

      (a) The name, street address and telephone number of the sponsoring organization;

      (b) The name, street address and telephone number of each person who is an officer, director or organizational official of the sponsoring organization and who is responsible for the operation of the sponsoring organization; and

      (c) Any other information required for registration by the Health Division.

      2.  Each sponsoring organization shall:

      (a) Notify the Health Division in writing of any change in the information required for registration pursuant to subsection 1 not later than 10 days after the change.

      (b) File a report with the Health Division not later than 10 days after the end of each calendar quarter identifying each provider of health care who provided voluntary health care service during the calendar quarter in association with the sponsoring organization. The report filed pursuant to this paragraph must include a copy of the current license or certificate of each provider of health care identified in the report and the date, location and type of service provided by each provider of health care. A sponsoring organization shall maintain a record of each report filed pursuant to this paragraph for a period of not less than 5 years after the date on which the report is filed. Each report maintained pursuant to this paragraph, including copies thereof, must be made available for inspection by the Health Division upon reasonable request.

      3.  Compliance with this section shall be deemed to be prima facie evidence that a sponsoring organization has exercised due care in selecting a provider of health care to associate with the sponsoring organization to provide voluntary health care service.

      4.  The Health Division may, after reasonable notice and a hearing, revoke the registration of any sponsoring organization that fails to comply with the requirements of this section.

 


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      Sec. 8.3. Each provider of health care who provides voluntary health care service pursuant to sections 2 to 9, inclusive, of this act shall obtain or otherwise carry, before providing such service, a policy of professional liability insurance which insures the provider of health care against any liability arising from the provision of voluntary health care service by the provider of health care pursuant to sections 2 to 9, inclusive, of this act.

      Sec. 8.7. A provider of health care currently providing voluntary health care service pursuant to sections 2 to 9, inclusive, of this act shall:

      1.  Report to the Health Division:

      (a) Any suspension or revocation of a license or certificate of the provider of health care or any other disciplinary action taken against the provider of health care by a regulatory body in another state or territory of the United States; and

      (b) Any charge or complaint of malpractice made against the provider of health care or any final disposition of a court with respect to such a charge or complaint of malpractice.

      2.  If the state or territory of the United States in which the provider of health care is licensed or certified does not require, as a condition of licensure or certification, the submission of fingerprints for a background check by the Federal Bureau of Investigation, submit to the Health Division a complete set of fingerprints and written permission authorizing the Health Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      Sec. 9. The Health Division shall adopt regulations to carry out the provisions of sections 2 to 9, inclusive, of this act.

      Sec. 10. NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, music therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist, licensed dietitian or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.  For the purposes of sections 2 to 9, inclusive, of this act, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Secs. 11 and 12. (Deleted by amendment.)

      Sec. 13.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2013, for all other purposes.

________

 


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CHAPTER 417, AB 344

Assembly Bill No. 344–Assemblymen Bobzien, Eisen, Sprinkle, Stewart, Dondero Loop; Benitez-Thompson, Carlton, Daly, Diaz, Fiore, Flores, Frierson, Hardy, Hickey, Horne, Kirkpatrick, Livermore, Martin, Munford, Neal, Oscarson, Pierce and Swank

 

Joint Sponsors: Senators Segerblom, Parks; Atkinson, Manendo, Settelmeyer and Woodhouse

 

CHAPTER 417

 

[Approved: June 6, 2013]

 

AN ACT relating to public health; enacting provisions to authorize the use of Physician Orders for Life-Sustaining Treatment in this State; allowing the deposit of any Physician Order for Life-Sustaining Treatment form (POLST form) or other advance directive in the statewide health information exchange system and the Registry of Advance Directives for Health Care; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law allows any person who is of sound mind and 18 years of age or older to execute a declaration governing the withholding or withdrawal of life-sustaining treatment. (NRS 449.600, 449.610) Existing law also allows an adult person to execute a power of attorney enabling the agent named in the power of attorney to make decisions concerning health care for the principal if that principal becomes incapable of giving informed consent. (NRS 162A.700-162A.860) Existing law additionally allows certain patients suffering from a terminal condition to obtain a do-not-resuscitate order from a physician and a do-not-resuscitate identification from the health authority. (NRS 450B.510-450B.525) A declaration governing the withholding or withdrawal of life-sustaining treatment, a durable power of attorney for health care decisions and a do-not-resuscitate order are all classified as advance directives. (NRS 449.905) Section 15 of this bill requires the State Board of Health to adopt a Physician Order for Life-Sustaining Treatment form (POLST form), another type of advance directive which records the wishes of a patient and directs any provider of health care regarding the provision of life-resuscitating and life-sustaining treatment.

      Sections 16, 17, 36 and 37 of this bill specify who is allowed to execute and revoke a POLST form. Section 18 of this bill resolves potential conflicts between a POLST form and another advance directive. Sections 19 and 22 of this bill convey similar protections and immunities to providers of health care with regard to a POLST form as are conveyed with regard to other advance directives.

      Under existing law, a provider of health care or a person who administers emergency medical services is required to comply with an advance directive or take reasonable measures to transfer the patient to a provider of health care willing to do so, and imposes a penalty for failure to do so. (NRS 449.628, 449.660, 450B.550, 450B.580) Sections 20 and 23 of this bill enact similar provisions with regard to a POLST form. Section 21 of this bill establishes that a provider of health care may assume the validity of a POLST form unless he or she has knowledge to the contrary.

      Section 22 provides that the execution of a POLST form or the lack thereof does not affect the sale, procurement or terms of a policy of life insurance or annuity, and cannot be used as a reason to withhold health care or health insurance. Section 23 provides a penalty if health care or health insurance is withheld. Existing law provides penalties for any person who willfully conceals, cancels, defaces, obliterates, forges or fraudulently induces the execution of a declaration governing the withholding or withdrawal of life-sustaining treatment. (NRS 449.660) Section 23 establishes similar penalties with respect to a POLST form. Section 25 of this bill sets forth that a POLST form executed in another state in compliance with the laws of that state or this State is valid in this State.

 


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forth that a POLST form executed in another state in compliance with the laws of that state or this State is valid in this State. Section 26 of this bill authorizes the State Board of Health to adopt regulations to carry out the provisions of this bill.

      Existing law provides for a statewide health information exchange system and a Registry of Advance Directives for Health Care, in which certain health records of a patient may be deposited to facilitate treatment of that patient by any health care provider. (NRS 439.581-439.595, 449.900-449.965) Sections 28 and 29 of this bill allow a POLST form to be deposited in the exchange and the Registry. Section 32 of this bill allows a patient who has executed a POLST form providing for the withholding of life-resuscitating treatment to apply for a do-not-resuscitate identification.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 26, inclusive, of this act.

      Sec. 2. As used in sections 2 to 26, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Attending physician” has the meaning ascribed to it in NRS 449.550.

      Sec. 4. “Do-not-resuscitate identification” has the meaning ascribed to it in NRS 450B.410.

      Sec. 5. “Do-not-resuscitate order” has the meaning ascribed to it in NRS 450B.420.

      Sec. 6. “Emergency care” means the use of life-resuscitating treatment and other immediate treatment provided in response to a sudden, acute and unanticipated medical emergency in order to avoid injury, impairment or death.

      Sec. 7. “Health care facility” has the meaning ascribed to it in NRS 162A.740.

      Sec. 8. “Incompetent” has the meaning ascribed to it in NRS 159.019.

      Sec. 9. “Life-resuscitating treatment” has the meaning ascribed to it in NRS 450B.450.

      Sec. 10. “Life-sustaining treatment” has the meaning ascribed to it in NRS 449.570.

      Sec. 11. “Other types of advance directives” means an advance directive as defined in NRS 449.905, but does not include a POLST form.

      Sec. 12. “Physician Order for Life-Sustaining Treatment form” or “POLST form” means the form prescribed pursuant to section 15 of this act that:

      1.  Records the wishes of the patient; and

      2.  Directs a provider of health care regarding the provision of life-resuscitating treatment and life-sustaining treatment.

      Sec. 13. “Provider of health care” means an individual who is licensed, certified or otherwise authorized or allowed by law to provide health care in the ordinary course of business or practice of a profession, and includes a person who:

 


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      1.  Is described in NRS 629.031; or

      2.  Administers emergency medical services as defined in NRS 450B.460.

      Sec. 14. “Representative of the patient” means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449.600 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.860, inclusive.

      Sec. 15. The Board shall prescribe a standardized Physician Order for Life-Sustaining Treatment form, commonly known as a POLST form, which:

      1.  Is uniquely identifiable and has a uniform color;

      2.  Provides a means by which to indicate whether the patient has made an anatomical gift pursuant to NRS 451.500 to 451.598, inclusive;

      3.  Gives direction to a provider of health care or health care facility regarding the use of emergency care and life-sustaining treatment;

      4.  Is intended to be honored by any provider of health care who treats the patient in any health-care setting, including, without limitation, the patient’s residence, a health care facility or the scene of a medical emergency; and

      5.  Includes such other features and information as the Board may deem advisable.

      Sec. 16. 1.  A physician shall take the actions described in subsection 2:

      (a) If the physician diagnoses a patient with a terminal condition;

      (b) If the physician determines, for any reason, that a patient has a life expectancy of less than 5 years; or

      (c) At the request of a patient.

      2.  Upon the occurrence of any of the events specified in subsection 1, the physician shall explain to the patient:

      (a) The existence and availability of the Physician Order for Life-Sustaining Treatment form;

      (b) The features of and procedures offered by way of the POLST form; and

      (c) The differences between a POLST form and the other types of advance directives.

      3.  Upon the request of the patient, the physician shall complete the POLST form based on the preferences and medical indications of the patient.

      4.  A POLST form is valid upon execution by a physician and:

      (a) If the patient is 18 years of age or older and of sound mind, the patient;

      (b) If the patient is 18 years of age or older and incompetent, the representative of the patient; or

      (c) If the patient is less than 18 years of age, the patient and a parent or legal guardian of the patient.

      5.  As used in this section, “terminal condition” has the meaning ascribed to it in NRS 449.590.

      Sec. 17. 1.  A Physician Order for Life-Sustaining Treatment form may be revoked at any time and in any manner by:

 


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      (a) The patient who executed it, if competent, without regard to his or her age or physical condition;

      (b) If the patient is incompetent, the representative of the patient; or

      (c) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  The revocation of a POLST form is effective upon the communication to a provider of health care, by the patient or a witness to the revocation, of the desire to revoke the form. The provider of health care to whom the revocation is communicated shall:

      (a) Make the revocation a part of the medical record of the patient; or

      (b) Cause the revocation to be made a part of the medical record of the patient.

      Sec. 18. 1.  If a valid Physician Order for Life-Sustaining Treatment form sets forth a declaration, direction or order which conflicts with a declaration, direction or order set forth in one or more of the other types of advance directives:

      (a) The declaration, direction or order set forth in the document executed most recently is valid; and

      (b) Any other declarations, directions or orders that do not conflict with a declaration, direction or order set forth in another document referenced in this subsection remain valid.

      2.  If a valid POLST form sets forth a declaration, direction or order to provide life-resuscitating treatment to a patient who also possesses a do-not-resuscitate identification, a provider of health care shall not provide life-resuscitating treatment if the do-not-resuscitate identification is on the person of the patient when the need for life-resuscitating treatment arises.

      Sec. 19. 1.  A provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability if:

      (a) The provider of health care withholds emergency care or life-sustaining treatment:

             (1) In compliance with a Physician Order for Life-Sustaining Treatment form and the provisions of sections 2 to 26, inclusive, of this act; or

             (2) In violation of a Physician Order for Life-Sustaining Treatment form if the provider of health care is acting in accordance with a declaration, direction or order set forth in one or more of the other types of advance directives and:

                   (I) Complies with the provisions of section 20 of this act; or

                   (II) Reasonably and in good faith, at the time the emergency care or life-sustaining treatment is withheld, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to section 17 of this act; or

      (b) The provider of health care provides emergency care or life-sustaining treatment:

             (1) Pursuant to an oral or written request made by the patient, the representative of the patient, or a parent or legal guardian of the patient, who may revoke the POLST form pursuant to section 17 of this act;

             (2) Pursuant to an observation that the patient, the representative of the patient or a parent or legal guardian of the patient has revoked, or otherwise indicated that he or she wishes to revoke, the POLST form pursuant to section 17 of this act; or

 


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             (3) In violation of a POLST form, if the provider of health care reasonably and in good faith, at the time the emergency care or life-sustaining treatment is provided, is unaware of the existence of the POLST form or believes that the POLST form has been revoked pursuant to section 17 of this act.

      2.  A health care facility, ambulance service, fire-fighting agency or other entity that employs a provider of health care is not guilty of unprofessional conduct or subject to civil or criminal liability for the acts or omissions of the employee carried out in accordance with the provisions of subsection 1.

      Sec. 20. 1.  Except as otherwise provided in this section and section 18 of this act, a provider of health care shall comply with a valid Physician Order for Life-Sustaining Treatment form, regardless of whether the provider of health care is employed by a health care facility or other entity affiliated with the physician who executed the POLST form.

      2.  A physician may medically evaluate the patient and, based upon the evaluation, may recommend new orders consistent with the most current information available about the patient’s health status and goals of care. Before making a modification to a valid POLST form, the physician shall consult the patient or, if the patient is incompetent, shall make a reasonable attempt to consult the representative of the patient and the patient’s attending physician.

      3.  Except as otherwise provided in subsection 4, a provider of health care who is unwilling or unable to comply with a valid POLST form shall take all reasonable measures to transfer the patient to a physician or health care facility so that the POLST form will be followed.

      4.  Life-sustaining treatment must not be withheld or withdrawn pursuant to a POLST form of a patient known to the attending physician to be pregnant, so long as it is probable that the fetus will develop to the point of live birth with the continued application of life-sustaining treatment.

      5.  Nothing in this section requires a provider of health care to comply with a valid POLST form if the provider of health care does not have actual knowledge of the existence of the form.

      Sec. 21. 1.  Unless he or she has knowledge to the contrary, a provider of health care may assume that a Physician Order for Life-Sustaining Treatment form complies with the provisions of sections 2 to 26, inclusive, of this act and is valid.

      2.  The provisions of sections 2 to 26, inclusive, of this act do not create a presumption concerning the intention of a:

      (a) Patient if the patient, the representative of the patient or a parent or legal guardian of the patient has revoked the POLST form pursuant to section 17 of this act; or

      (b) Person who has not executed a POLST form,

Ê concerning the use or withholding of emergency care or life-sustaining treatment.

      Sec. 22. 1.  Death that results when emergency care or life-sustaining treatment has been withheld pursuant to a Physician Order for Life-Sustaining Treatment form and in accordance with the provisions of sections 2 to 26, inclusive, of this act does not constitute a suicide or homicide.

      2.  The execution of a POLST form does not affect the sale, procurement or issuance of a policy of life insurance or an annuity, nor does it affect, impair or modify the terms of an existing policy of life insurance or an annuity.

 


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does it affect, impair or modify the terms of an existing policy of life insurance or an annuity. A policy of life insurance or an annuity is not legally impaired or invalidated if emergency care or life-sustaining treatment has been withheld from an insured who has executed a POLST form, notwithstanding any term in the policy or annuity to the contrary.

      3.  A person may not prohibit or require the execution of a POLST form as a condition of being insured for, or receiving, health care.

      Sec. 23. 1.  It is unlawful for:

      (a) A provider of health care to willfully fail to transfer the care of a patient in accordance with subsection 3 of section 20 of this act.

      (b) A person to willfully conceal, cancel, deface or obliterate a Physician Order for Life-Sustaining Treatment form without the consent of the patient who executed the form.

      (c) A person to falsify or forge the POLST form of another person, or willfully conceal or withhold personal knowledge of the revocation of the POLST form of another person, with the intent to cause the withholding or withdrawal of emergency care or life-sustaining treatment contrary to the wishes of the patient.

      (d) A person to require or prohibit the execution of a POLST form as a condition of being insured for, or receiving, health care in violation of subsection 3 of section 22 of this act.

      (e) A person to coerce or fraudulently induce another to execute a POLST form.

      2.  A person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 24. The provisions of sections 2 to 26, inclusive, of this act do not:

      1.  Require a provider of health care to take any action contrary to reasonable medical standards;

      2.  Affect the responsibility of a provider of health care to provide treatment for a patient’s comfort or alleviation of pain;

      3.  Condone, authorize or approve mercy killing, euthanasia or assisted suicide;

      4.  Except as otherwise provided in section 18 of this act, affect or impair any right created pursuant to the provisions of any other types of advance directives; or

      5.  Affect the right of a patient to make decisions concerning the use of emergency care or life-sustaining treatment, if he or she is able to do so.

      Sec. 25. 1.  A Physician Order for Life-Sustaining Treatment form executed in another state in compliance with the laws of that state or this State is valid for the purposes of sections 2 to 26, inclusive, of this act.

      2.  As used in this section, “state” includes the District of Columbia, the Commonwealth of Puerto Rico and a territory or insular possession subject to the jurisdiction of the United States.

      Sec. 26. The Board may adopt such regulations as it determines to be necessary or advisable to carry out the provisions of sections 2 to 26, inclusive, of this act.

      Sec. 27. NRS 449.766 is hereby amended to read as follows:

      449.766  “Aversive intervention” means any of the following actions if the action is used to punish a person with a disability or to eliminate, reduce or discourage maladaptive behavior of a person with a disability:

 


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      1.  The use of noxious odors and tastes;

      2.  The use of water and other mists or sprays;

      3.  The use of blasts of air;

      4.  The use of corporal punishment;

      5.  The use of verbal and mental abuse;

      6.  The use of electric shock;

      7.  Requiring a person to perform exercise under forced conditions if the:

      (a) Person is required to perform the exercise because the person exhibited a behavior that is related to his or her disability;

      (b) Exercise is harmful to the health of the person because of his or her disability; or

      (c) Nature of the person’s disability prevents the person from engaging in the exercise;

      8.  Any intervention, technique or procedure that deprives a person of the use of one or more of the person’s senses, regardless of the length of the deprivation, including, without limitation, the use of sensory screens; or

      9.  The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:

      (a) Food or liquid at a time when it is customarily served; or

      (b) Medication.

Ê The term does not include the withholding or withdrawal of life-sustaining treatment in accordance with NRS 449.626 [.] or sections 2 to 26, inclusive, of this act.

      Sec. 28. NRS 449.905 is hereby amended to read as follows:

      449.905  “Advance directive” means an advance directive for health care. The term includes:

      1.  A declaration governing the withholding or withdrawal of life-sustaining treatment as set forth in NRS 449.535 to 449.690, inclusive;

      2.  A durable power of attorney for health care as set forth in NRS 162A.700 to 162A.860, inclusive; [and]

      3.  A do-not-resuscitate order as defined in NRS 450B.420 [.] ; and

      4.  A Physician Order for Life-Sustaining Treatment form as defined in section 12 of this act.

      Sec. 29. NRS 449.925 is hereby amended to read as follows:

      449.925  1.  A person who wishes to register an advance directive must submit to the Secretary of State:

      (a) An application in the form prescribed by the Secretary of State;

      (b) A copy of the advance directive; and

      (c) The fee, if any, established by the Secretary of State pursuant to NRS 449.955.

      2.  If the person satisfies the requirements of subsection 1, the Secretary of State shall:

      (a) Make an electronic reproduction of the advance directive and post it to the Registry [;] and, if the person consents pursuant to NRS 439.591, the statewide health information exchange system established pursuant to NRS 439.581 to 439.595, inclusive;

      (b) Assign a registration number and password to the registrant; and

      (c) Provide the registrant with a registration card that includes, without limitation, the name, registration number and password of the registrant.

      3.  The Secretary of State shall establish procedures for:

 


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      (a) The registration of an advance directive that replaces an advance directive that is posted on the Registry;

      (b) The removal from the Registry of an advance directive that has been revoked following the revocation of the advance directive or the death of the registrant; and

      (c) The issuance of a duplicate registration card or the provision of other access to the registrant’s registration number and password if a registration card issued pursuant to this section is lost, stolen, destroyed or otherwise unavailable.

      Sec. 30. NRS 449.945 is hereby amended to read as follows:

      449.945  1.  The provisions of NRS 449.900 to 449.965, inclusive, do not require a provider of health care to inquire whether a patient has an advance directive registered on the Registry or to access the Registry to determine the terms of the advance directive.

      2.  A provider of health care who relies in good faith on the provisions of an advance directive retrieved from the Registry is immune from criminal and civil liability as set forth in:

      (a) NRS 449.630, if the advance directive is a declaration governing the withholding or withdrawal of life-sustaining treatment executed pursuant to NRS 449.535 to 449.690, inclusive, or a durable power of attorney for health care executed pursuant to NRS 162A.700 to 162A.860, inclusive; [or]

      (b) Sections 2 to 26, inclusive, of this act if the advance directive is a Physician Order for Life-Sustaining Treatment form; or

      (c) NRS 450B.540, if the advance directive is a do-not-resuscitate order as defined in NRS 450B.420.

      Sec. 31. NRS 450B.470 is hereby amended to read as follows:

      450B.470  “Qualified patient” means:

      1.  A patient 18 years of age or older who has been determined by the patient’s attending physician to be in a terminal condition and who:

      (a) Has executed a declaration in accordance with the requirements of NRS 449.600; [or]

      (b) Has executed a Physician Order for Life-Sustaining Treatment form pursuant to sections 2 to 26, inclusive, of this act if the form provides that the patient is not to receive life-resuscitating treatment; or

      (c) Has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  A patient who is less than 18 years of age and who:

      (a) Has been determined by the patient’s attending physician to be in a terminal condition; and

      (b) Has executed a Physician Order for Life-Sustaining Treatment form pursuant to sections 2 to 26, inclusive, of this act if the form provides that the patient is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510.

      Sec. 32. NRS 450B.520 is hereby amended to read as follows:

      450B.520  Except as otherwise provided in NRS 450B.525:

      1.  A qualified patient may apply to the health authority for a do-not-resuscitate identification by submitting an application on a form provided by the health authority. To obtain a do-not-resuscitate identification, the patient must comply with the requirements prescribed by the board and sign a form which states that the patient has informed each member of his or her family within the first degree of consanguinity or affinity, whose whereabouts are known to the patient, or if no such members are living, the patient’s legal guardian, if any, or if he or she has no such members living and has no legal guardian, his or her caretaker, if any, of the patient’s decision to apply for an identification.

 


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members living and has no legal guardian, his or her caretaker, if any, of the patient’s decision to apply for an identification.

      2.  An application must include, without limitation:

      (a) Certification by the patient’s attending physician that the patient suffers from a terminal condition;

      (b) Certification by the patient’s attending physician that the patient is capable of making an informed decision or, when the patient was capable of making an informed decision, that the patient:

             (1) Executed:

                   (I) A written directive that life-resuscitating treatment be withheld under certain circumstances; [or]

                   (II) A durable power of attorney for health care pursuant to NRS 162A.700 to 162A.860, inclusive; or

                   (III) A Physician Order for Life-Sustaining Treatment form pursuant to sections 2 to 26, inclusive, of this act if the form provides that the patient is not to receive life-resuscitating treatment; or

             (2) Was issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (c) A statement that the patient does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (d) The name, signature and telephone number of the patient’s attending physician; and

      (e) The name and signature of the patient or the agent who is authorized to make health care decisions on the patient’s behalf pursuant to a durable power of attorney for health care decisions.

      Sec. 33. NRS 450B.525 is hereby amended to read as follows:

      450B.525  1.  A parent or legal guardian of a minor may apply to the health authority for a do-not-resuscitate identification on behalf of the minor if the minor has been:

      (a) Determined by his or her attending physician to be in a terminal condition; and

      (b) Issued a do-not-resuscitate order pursuant to NRS 450B.510.

      2.  To obtain such a do-not-resuscitate identification, the parent or legal guardian must:

      (a) Submit an application on a form provided by the health authority; and

      (b) Comply with the requirements prescribed by the board.

      3.  An application submitted pursuant to subsection 2 must include, without limitation:

      (a) Certification by the minor’s attending physician that the minor:

             (1) Suffers from a terminal condition; and

             (2) Has executed a Physician Order for Life-Sustaining Treatment form pursuant to sections 2 to 26, inclusive, of this act if the form provides that the minor is not to receive life-resuscitating treatment or has been issued a do-not-resuscitate order pursuant to NRS 450B.510;

      (b) A statement that the parent or legal guardian of the minor does not wish that life-resuscitating treatment be undertaken in the event of a cardiac or respiratory arrest;

      (c) The name of the minor;

      (d) The name, signature and telephone number of the minor’s attending physician; and

      (e) The name, signature and telephone number of the minor’s parent or legal guardian.

 


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      4.  The parent or legal guardian of the minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that he or she wishes to have the identification removed or destroyed.

      5.  If, in the opinion of the attending physician, the minor is of sufficient maturity to understand the nature and effect of withholding life-resuscitating treatment:

      (a) The do-not-resuscitate identification obtained pursuant to this section is not effective without the assent of the minor.

      (b) The minor may revoke the authorization to withhold life-resuscitating treatment by removing or destroying or requesting the removal or destruction of the identification or otherwise indicating to a person that the minor wishes to have the identification removed or destroyed.

      Sec. 34. NRS 450B.590 is hereby amended to read as follows:

      450B.590  The provisions of NRS 450B.400 to 450B.590, inclusive, do not:

      1.  Require a physician or other provider of health care to take action contrary to reasonable medical standards;

      2.  Condone, authorize or approve mercy killing, euthanasia or assisted suicide;

      3.  Substitute for any other legally authorized procedure by which a person may direct that the person not be resuscitated in the event of a cardiac or respiratory arrest;

      4.  [Affect] Except as otherwise provided in section 18 of this act, affect or impair any right created pursuant to the provisions of NRS 449.535 to 449.690, inclusive [;] , or sections 2 to 26, inclusive, of this act; or

      5.  Affect the right of a qualified patient to make decisions concerning the use of life-resuscitating treatment, if he or she is able to do so, or impair or supersede a right or responsibility of a person to affect the withholding of medical care in a lawful manner.

      Sec. 35. NRS 451.595 is hereby amended to read as follows:

      451.595  1.  As used in this section:

      (a) “Advance health-care directive” means a power of attorney for health care or other record signed by a prospective donor, or executed in the manner set forth in NRS 162A.790, containing the prospective donor’s direction concerning a health-care decision for the prospective donor.

      (b) “Declaration” means a record signed by a prospective donor, or executed as set forth in NRS 449.600, specifying the circumstances under which life-sustaining treatment may be withheld or withdrawn from the prospective donor. The term includes a Physician Order for Life-Sustaining Treatment form executed pursuant to sections 2 to 26, inclusive, of this act.

      (c) “Health-care decision” means any decision made regarding the health care of the prospective donor.

      2.  If a prospective donor has a declaration or advance health-care directive and the terms of the declaration or advance health-care directive and the express or implied terms of the potential anatomical gift are in conflict concerning the administration of measures necessary to ensure the medical suitability of a part for transplantation or therapy:

 


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      (a) The attending physician of the prospective donor shall confer with the prospective donor to resolve the conflict or, if the prospective donor is incapable of resolving the conflict, with:

             (1) An agent acting under the declaration or advance health-care directive of the prospective donor; or

             (2) If an agent is not named in the declaration or advance health-care directive or the agent is not reasonably available, any other person authorized by law, other than by a provision of NRS 451.500 to 451.598, inclusive, to make a health-care decision for the prospective donor.

      (b) The conflict must be resolved as expeditiously as practicable.

      (c) Information relevant to the resolution of the conflict may be obtained from the appropriate procurement organization and any other person authorized to make an anatomical gift of the prospective donor’s body or part under NRS 451.556.

      (d) Before the resolution of the conflict, measures necessary to ensure the medical suitability of the part may not be withheld or withdrawn from the prospective donor, if withholding or withdrawing the measures is not medically contraindicated for the appropriate treatment of the prospective donor at the end of his or her life.

      Sec. 36. NRS 129.030 is hereby amended to read as follows:

      129.030  1.  Except as otherwise provided in NRS 450B.525, a minor may give consent for the services provided in subsection 2 for himself or herself or for his or her child, if the minor is:

      (a) Living apart from his or her parents or legal guardian, with or without the consent of the parent, parents or legal guardian, and has so lived for a period of at least 4 months;

      (b) Married or has been married;

      (c) A mother, or has borne a child; or

      (d) In a physician’s judgment, in danger of suffering a serious health hazard if health care services are not provided.

      2.  Except as otherwise provided in subsection 4 and NRS 450B.525, and section 16 of this act, the consent of the parent or parents or the legal guardian of a minor is not necessary for a local or state health officer, board of health, licensed physician or public or private hospital to examine or provide treatment for any minor, included within the provisions of subsection 1, who understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The consent of the minor to examination or treatment pursuant to this subsection is not subject to disaffirmance because of minority.

      3.  A person who treats a minor pursuant to subsection 2 shall, before initiating treatment, make prudent and reasonable efforts to obtain the consent of the minor to communicate with his or her parent, parents or legal guardian, and shall make a note of such efforts in the record of the minor’s care. If the person believes that such efforts would jeopardize treatment necessary to the minor’s life or necessary to avoid a serious and immediate threat to the minor’s health, the person may omit such efforts and note the reasons for the omission in the record.

      4.  A minor may not consent to his or her sterilization.

      5.  In the absence of negligence, no person providing services pursuant to subsection 2 is subject to civil or criminal liability for providing those services.

 


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      6.  The parent, parents or legal guardian of a minor who receives services pursuant to subsection 2 are not liable for the payment for those services unless the parent, parents or legal guardian has consented to such health care services. The provisions of this subsection do not relieve a parent, parents or legal guardian from liability for payment for emergency services provided to a minor pursuant to NRS 129.040.

      Sec. 37. NRS 129.050 is hereby amended to read as follows:

      129.050  1.  Except as otherwise provided in NRS 450B.525, and section 16 of this act, any minor who is under the influence of, or suspected of being under the influence of, a controlled substance:

      (a) May give express consent; or

      (b) If unable to give express consent, shall be deemed to consent,

Ê to the furnishing of hospital, medical, surgical or other care for the treatment of abuse of drugs or related illnesses by any public or private hospital, medical facility, facility for the dependent, other than a halfway house for alcohol and drug abusers, or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.

      2.  Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.

      3.  The consent of the parent, parents or legal guardian of the minor is not necessary to authorize such care, but any physician who treats a minor pursuant to this section shall make every reasonable effort to report the fact of treatment to the parent, parents or legal guardian within a reasonable time after treatment.

________

CHAPTER 418, AB 370

Assembly Bill No. 370–Assemblyman Ohrenschall

 

CHAPTER 418

 

[Approved: June 6, 2013]

 

AN ACT relating to real property; revising provisions governing the mediation and arbitration of certain claims involving certain residential property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that certain civil actions relating to residential property cannot be commenced in any court in this State unless the action has been submitted to mediation or arbitration. (NRS 38.310) Such a civil action must be submitted to mediation or arbitration by filing a written claim with the Real Estate Division of the Department of Business and Industry, and the written claim and required written answer must be accompanied by a reasonable fee as determined by the Division (NRS 38.320) Section 4 of this bill removes the requirement of submitting such a civil action to arbitration, and instead requires the civil action to be submitted to mediation or, if the parties agree, to a program established by the Division under which a person such as a referee or hearing officer renders decisions on certain claims. Section 1 of this bill sets forth certain procedures concerning such a program. Section 5 of this bill applies the requirement regarding a written claim being filed with the Division to a civil action submitted to such a program. Section 5 also specifies that the fee which must accompany a written claim and written answer filed with the Division is $50.

 


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must accompany a written claim and written answer filed with the Division is $50. Section 6 of this bill provides that before commencing a civil action, the parties named in the claim may agree to arbitration if the parties have participated in mediation in which an agreement was not obtained or if a written decision and award have been issued pursuant to the referee program. Section 6 also: (1) provides that such arbitration is nonbinding unless the parties agree in writing to binding arbitration; and (2) specifies that the cost of such arbitration must not exceed $300 per hour.

      Existing law also sets forth the procedure for mediation when a written claim is submitted to mediation. (NRS 38.330) Section 6 requires that: (1) mediation be completed within 60 days after the filing of the written claim; (2) mediation not exceed 3 hours, unless the parties agree to an extension of such time; (3) the cost of mediation not exceed $500 for 3 hours; (4) if the parties agree to extend mediation beyond 3 hours, the fee for the additional hours not exceed $200 per hour; and (5) each party, not later than 5 days before mediation is scheduled to be conducted, submit to the mediator a written statement which sets forth the issues in dispute.

 

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

      If the Division establishes a program:

      1.  Upon receipt of a written claim and answer filed pursuant to NRS 38.320 in which all the parties indicate that they wish to have the claim referred to such a program, the Division may refer the parties to the program.

      2.  The person to whom the parties are referred pursuant to the program shall review the claim and answer filed pursuant to NRS 38.320 and, unless the parties agree to waive a hearing, conduct a hearing on the claim. After reviewing the claim and the answer and, if required, conducting a hearing on the claim, the person shall issue a written decision and award and provide a copy of the written decision and award to the parties. The person may not award to either party costs or attorney’s fees.

      3.  Any party may, within 60 days after receiving the written decision and award pursuant to subsection 2, commence a civil action in the proper court concerning the claim. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been referred to a program pursuant to the provisions of this section and NRS 38.300 to 38.360, inclusive. If such an action is not commenced within 60 days after receiving the written decision and award pursuant to subsection 2, any party may, within 1 year after receiving the written decision and award, apply to the proper court for a confirmation of the written decision and award pursuant to NRS 38.239.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 38.300 is hereby amended to read as follows:

      38.300  As used in NRS 38.300 to 38.360, inclusive, and section 1 of this act, unless the context otherwise requires:

 

 


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      1.  “Assessments” means:

      (a) Any charge which an association may impose against an owner of residential property pursuant to a declaration of covenants, conditions and restrictions, including any late charges, interest and costs of collecting the charges; and

      (b) Any penalties, fines, fees and other charges which may be imposed by an association pursuant to paragraphs (j) to (n), inclusive, of subsection 1 of NRS 116.3102 or subsections 10, 11 and 12 of NRS 116B.420.

      2.  “Association” has the meaning ascribed to it in NRS 116.011 or 116B.030.

      3.  “Civil action” includes an action for money damages or equitable relief. The term does not include an action in equity for injunctive relief in which there is an immediate threat of irreparable harm, or an action relating to the title to residential property.

      4.  “Division” means the Real Estate Division of the Department of Business and Industry.

      5.  “Program” means a program established by the Division under which a person, including, without limitation, a referee or hearing officer, can render decisions on disputes relating to:

      (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

      (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property.

      6.  “Residential property” includes, but is not limited to, real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS. The term does not include commercial property if no portion thereof contains property which is used for residential purposes.

      Sec. 4. NRS 38.310 is hereby amended to read as follows:

      38.310  1.  No civil action based upon a claim relating to:

      (a) The interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association; or

      (b) The procedures used for increasing, decreasing or imposing additional assessments upon residential property,

Ê may be commenced in any court in this State unless the action has been submitted to mediation or [arbitration] , if the parties agree, has been referred to a program pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act, and, if the civil action concerns real estate within a planned community subject to the provisions of chapter 116 of NRS or real estate within a condominium hotel subject to the provisions of chapter 116B of NRS, all administrative procedures specified in any covenants, conditions or restrictions applicable to the property or in any bylaws, rules and regulations of an association have been exhausted.

      2.  A court shall dismiss any civil action which is commenced in violation of the provisions of subsection 1.

      Sec. 5. NRS 38.320 is hereby amended to read as follows:

      38.320  1.  Any civil action described in NRS 38.310 must be submitted [for] to mediation or [arbitration] referred to a program by filing a written claim with the Division. The claim must include:

 


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      (a) The complete names, addresses and telephone numbers of all parties to the claim;

      (b) A specific statement of the nature of the claim;

      (c) A statement of whether the person wishes to have the claim [submitted] referred to [a mediator or to an arbitrator and, if the person wishes to have the claim submitted to an arbitrator, whether the person agrees to binding arbitration;] a program; and

      (d) Such other information as the Division may require.

      2.  The written claim must be accompanied by a [reasonable] filing fee [as determined by the Division.] of $50.

      3.  Upon the filing of the written claim, the claimant shall serve a copy of the claim in the manner prescribed in Rule 4 of the Nevada Rules of Civil Procedure for the service of a summons and complaint. The claim so served must be accompanied by a statement explaining the procedures for mediation and [arbitration] for a program set forth in NRS 38.300 to 38.360, inclusive [.] , and section 1 of this act.

      4.  Upon being served pursuant to subsection 3, the person upon whom a copy of the written claim was served shall, within 30 days after the date of service, file a written answer with the Division [.] , which must include a statement of whether the person wishes to have the claim referred to a program. The answer must be accompanied by a [reasonable] filing fee [as determined by the Division.] of $50.

      Sec. 6. NRS 38.330 is hereby amended to read as follows:

      38.330  1.  [If all parties named in a written claim filed pursuant to NRS 38.320 agree to have the claim submitted for mediation,] Unless a program has been established and the parties have elected to have the claim referred to a program, the parties shall [reduce the agreement to writing and shall] select a mediator from the list of mediators maintained by the Division pursuant to NRS 38.340. Any mediator selected must be available within the geographic area. If the parties fail to agree upon a mediator, the Division shall appoint a mediator from the list of mediators maintained by the Division. Any mediator appointed must be available within the geographic area. Unless otherwise provided by an agreement of the parties, mediation must be completed within 60 days after the [parties agree to mediation.] filing of the written claim. Not later than 5 days before mediation is scheduled to be conducted, each party must submit to the mediator a written statement which sets forth the issues in dispute. Mediation must not exceed 3 hours, unless the parties agree to an extension of such time. Any agreement obtained through mediation conducted pursuant to this section must, within 20 days after the conclusion of mediation, be reduced to writing by the mediator and a copy thereof provided to each party. The agreement may be enforced as any other written agreement. Except as otherwise provided in this section, the parties are responsible for [all costs] the cost of mediation conducted pursuant to this section , which must not exceed $500 for 3 hours of mediation. If the parties agree to extend mediation beyond 3 hours pursuant to this subsection, the fee for the additional hours must not exceed $200 per hour. If the parties participate in mediation and an agreement is not obtained, any party may commence a civil action in the proper court concerning the claim that was submitted to mediation. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been mediated pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act, but an agreement was not obtained.

 


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mediated pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act, but an agreement was not obtained.

      2.  [If all] Before commencing a civil action in the proper court, the parties named in the claim [do not] may agree to [mediation, the] arbitration if the parties have participated in mediation in which an agreement was not obtained or if a written decision and award have been issued pursuant to section 1 of this act. Unless the parties agree in writing to binding arbitration, the arbitration is nonbinding. The cost of arbitration conducted pursuant to this section must not exceed $300 per hour. If the parties agree to arbitration, they shall select an arbitrator from the list of arbitrators maintained by the Division pursuant to NRS 38.340. Any arbitrator selected must be available within the geographic area. If the parties fail to agree upon an arbitrator, the Division shall appoint an arbitrator from the list maintained by the Division. Any arbitrator appointed must be available within the geographic area. Upon appointing an arbitrator, the Division shall provide the name of the arbitrator to each party. An arbitrator shall, not later than 5 days after the arbitrator’s selection or appointment pursuant to this subsection, provide to the parties an informational statement relating to the arbitration of a claim pursuant to this section. The written informational statement:

      (a) Must be written in plain English;

      (b) Must explain the procedures and applicable law relating to the arbitration of a claim conducted pursuant to this section, including, without limitation, the procedures, timelines and applicable law relating to confirmation of an award pursuant to NRS 38.239, vacation of an award pursuant to NRS 38.241, judgment on an award pursuant to NRS 38.243, and any applicable statute or court rule governing the award of attorney’s fees or costs to any party; and

      (c) Must be accompanied by a separate form acknowledging that the party has received and read the informational statement, which must be returned to the arbitrator by the party not later than 10 days after receipt of the informational statement.

      3.  The Division may provide for the payment of the fees for a mediator or an arbitrator selected or appointed pursuant to this section from the Account for Common-Interest Communities and Condominium Hotels created by NRS 116.630, to the extent that:

      (a) The Commission for Common-Interest Communities and Condominium Hotels approves the payment; and

      (b) There is money available in the Account for this purpose.

      4.  Except as otherwise provided in this section and except where inconsistent with the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act, the arbitration of a claim pursuant to this section must be conducted in accordance with the provisions of NRS 38.231, 38.232, 38.233, 38.236 to 38.239, inclusive, 38.242 and 38.243. At any time during the arbitration of a claim relating to the interpretation, application or enforcement of any covenants, conditions or restrictions applicable to residential property or any bylaws, rules or regulations adopted by an association, the arbitrator may issue an order prohibiting the action upon which the claim is based. An award must be made within 30 days after the conclusion of arbitration, unless a shorter period is agreed upon by the parties to the arbitration.

 


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      5.  If all the parties have agreed to arbitration but have not agreed whether the arbitration will be binding or nonbinding, the arbitration will be nonbinding. If arbitration is nonbinding , [arbitration,] any party to the nonbinding arbitration may, within 30 days after a final decision and award which are dispositive of any and all issues of the claim which were submitted to nonbinding arbitration have been served upon the parties, commence a civil action in the proper court concerning the claim which was submitted for arbitration. Any complaint filed in such an action must contain a sworn statement indicating that the issues addressed in the complaint have been arbitrated pursuant to the provisions of NRS 38.300 to 38.360, inclusive [.] , and section 1 of this act. If such an action is not commenced within that period, any party to the arbitration may, within 1 year after the service of the award, apply to the proper court for a confirmation of the award pursuant to NRS 38.239.

      6.  If all the parties agree in writing to binding arbitration, the arbitration must be conducted in accordance with the provisions of this chapter. An award procured pursuant to such binding arbitration may be vacated and a rehearing granted upon application of a party pursuant to the provisions of NRS 38.241.

      7.  If, after the conclusion of binding arbitration, a party:

      (a) Applies to have an award vacated and a rehearing granted pursuant to NRS 38.241; or

      (b) Commences a civil action based upon any claim which was the subject of arbitration,

Ê the party shall, if the party fails to obtain a more favorable award or judgment than that which was obtained in the initial binding arbitration, pay all costs and reasonable attorney’s fees incurred by the opposing party after the application for a rehearing was made or after the complaint in the civil action was filed.

      8.  Upon request by a party, the Division shall provide a statement to the party indicating the amount of the fees for a mediator or an arbitrator selected or appointed pursuant to this section.

      9.  As used in this section, “geographic area” means an area within 150 miles from any residential property or association which is the subject of a written claim submitted pursuant to NRS 38.320.

      Sec. 7. NRS 38.340 is hereby amended to read as follows:

      38.340  For the purposes of NRS 38.300 to 38.360, inclusive, and section 1 of this act, the Division shall establish and maintain:

      1.  A list of mediators and arbitrators who are available for mediation and arbitration of claims. The list must include mediators and arbitrators who, as determined by the Division, have received training and experience in mediation or arbitration and in the resolution of disputes concerning associations, including, without limitation, the interpretation, application and enforcement of covenants, conditions and restrictions pertaining to residential property and the articles of incorporation, bylaws, rules and regulations of an association. In establishing and maintaining the list, the Division may use lists of qualified persons maintained by any organization which provides mediation or arbitration services. Before including a mediator or arbitrator on a list established and maintained pursuant to this section, the Division may require the mediator or arbitrator to present proof satisfactory to the Division that the mediator or arbitrator has received the training and experience required for mediators or arbitrators pursuant to this section.

 


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mediator or arbitrator has received the training and experience required for mediators or arbitrators pursuant to this section.

      2.  A document which contains a written explanation of the procedures for mediating and arbitrating claims and for a program pursuant to NRS 38.300 to 38.360, inclusive [.] , and section 1 of this act.

      Sec. 8. NRS 38.350 is hereby amended to read as follows:

      38.350  Any statute of limitations applicable to a claim described in NRS 38.310 is tolled from the time the claim is submitted [for] to mediation or arbitration or referred to a program pursuant to NRS [38.320] 38.300 to 38.360, inclusive, and section 1 of this act until the conclusion of mediation or arbitration of the claim and the period for vacating the award has expired , [.] or until the issuance of a written decision and award pursuant to the program.

      Sec. 9. NRS 38.360 is hereby amended to read as follows:

      38.360  1.  The Division shall administer the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act, and may adopt such regulations as are necessary to carry out those provisions.

      2.  All fees collected by the Division pursuant to the provisions of NRS 38.300 to 38.360, inclusive, and section 1 of this act must be accounted for separately and may only be used by the Division to administer the provisions of NRS 38.300 to 38.360, inclusive.

      Sec. 10. NRS 116.625 is hereby amended to read as follows:

      116.625  1.  The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels is hereby created within the Division.

      2.  The Administrator shall appoint the Ombudsman. The Ombudsman is in the unclassified service of the State.

      3.  The Ombudsman must be qualified by training and experience to perform the duties and functions of office.

      4.  In addition to any other duties set forth in this chapter, the Ombudsman shall:

      (a) Assist in processing claims submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive [;] , and section 1 of this act;

      (b) Assist owners in common-interest communities and condominium hotels to understand their rights and responsibilities as set forth in this chapter and chapter 116B of NRS and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;

      (c) Assist members of executive boards and officers of associations to carry out their duties;

      (d) When appropriate, investigate disputes involving the provisions of this chapter or chapter 116B of NRS or the governing documents of an association and assist in resolving such disputes; and

      (e) Compile and maintain a registration of each association organized within the State which includes, without limitation, the following information:

             (1) The name, address and telephone number of the association;

             (2) The name of each community manager for the common-interest community or the association of a condominium hotel and the name of any other person who is authorized to manage the property at the site of the common-interest community or condominium hotel;

 


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             (3) The names, mailing addresses and telephone numbers of the members of the executive board of the association;

             (4) The name of the declarant;

             (5) The number of units in the common-interest community or condominium hotel;

             (6) The total annual assessment made by the association;

             (7) The number of foreclosures which were completed on units within the common-interest community or condominium hotel and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner; and

             (8) Whether the study of the reserves of the association has been conducted pursuant to NRS 116.31152 or 116B.605 and, if so, the date on which it was completed.

      Sec. 11. NRS 116.630 is hereby amended to read as follows:

      116.630  1.  There is hereby created the Account for Common-Interest Communities and Condominium Hotels in the State General Fund. The Account must be administered by the Administrator.

      2.  Except as otherwise provided in subsection 3, all money received by the Commission, a hearing panel or the Division pursuant to this chapter or chapter 116B of NRS, including, without limitation, the fees collected pursuant to NRS 116.31155 and 116B.620, must be deposited into the Account.

      3.  If the Commission imposes a fine or penalty, the Commission shall deposit the money collected from the imposition of the fine or penalty with the State Treasurer for credit to the State General Fund. If the money is so deposited, the Commission may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is required to pay attorney’s fees or the costs of an investigation, or both.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      5.  The money in the Account must be used solely to defray:

      (a) The costs and expenses of the Commission and the Office of the Ombudsman;

      (b) If authorized by the Commission or any regulations adopted by the Commission, the costs and expenses of subsidizing proceedings for mediation , [and] arbitration and a program conducted pursuant to NRS 38.300 to 38.360, inclusive [;] , and section 1 of this act; and

      (c) If authorized by the Legislature or by the Interim Finance Committee if the Legislature is not in session, the costs and expenses of administering the Division.

      Sec. 12. NRS 116.665 is hereby amended to read as follows:

      116.665  1.  The Commission shall conduct such hearings and other proceedings as are required by the provisions of this chapter.

      2.  The Commission shall collect and maintain or cause to be collected and maintained accurate information relating to:

      (a) The number and kind of common-interest communities in this State;

      (b) The effect of the provisions of this chapter and any regulations adopted pursuant thereto on the development and construction of common-interest communities, the residential lending market for units within common-interest communities and the operation and management of common-interest communities;

 


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      (c) Violations of the provisions of this chapter and any regulations adopted pursuant thereto;

      (d) The accessibility and use of, and the costs related to, the arbitration , [and] mediation and program procedures set forth in NRS 38.300 to 38.360, inclusive, and section 1 of this act, and the decisions rendered and awards made pursuant to those [arbitration and mediation] procedures;

      (e) The number of foreclosures which were completed on units within common-interest communities and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner;

      (f) The study of the reserves required by NRS 116.31152; and

      (g) Other issues that the Commission determines are of concern to units’ owners, associations, community managers, developers and other persons affected by common-interest communities.

      3.  The Commission shall develop and promote:

      (a) Educational guidelines for conducting the elections of the members of an executive board, the meetings of an executive board and the meetings of the units’ owners of an association; and

      (b) Educational guidelines for the enforcement of the governing documents of an association through liens, penalties and fines.

      4.  The Commission shall recommend and approve for accreditation programs of education and research relating to common-interest communities, including, without limitation:

      (a) The management of common-interest communities;

      (b) The sale and resale of units within common-interest communities;

      (c) Alternative methods that may be used to resolve disputes relating to common-interest communities; and

      (d) The enforcement, including by foreclosure, of liens on units within common-interest communities for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner.

      Sec. 13. NRS 116.670 is hereby amended to read as follows:

      116.670  The Commission may:

      1.  By regulation, establish standards for subsidizing proceedings for mediation , [and] arbitration and a program conducted pursuant to NRS 38.300 to 38.360, inclusive, and section 1 of this act, to ensure that such proceedings are not lengthy and are affordable and readily accessible to all parties;

      2.  By regulation, establish standards for subsidizing educational programs for the benefit of units’ owners, members of executive boards and officers of associations;

      3.  Accept any gifts, grants or donations; and

      4.  Enter into agreements with other entities that are required or authorized to carry out similar duties in this State or in other jurisdictions and cooperate with such entities to develop uniform procedures for carrying out the provisions of this chapter and for accumulating information needed to carry out those provisions.

      Sec. 14. NRS 116B.815 is hereby amended to read as follows:

      116B.815  The Office of the Ombudsman for Owners in Common-Interest Communities and Condominium Hotels created by NRS 116.625 shall:

 


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ê2013 Statutes of Nevada, Page 2303 (Chapter 418, AB 370)ê

 

      1.  Assist in processing claims arising under this chapter that are submitted to mediation or arbitration or referred to a program pursuant to NRS 38.300 to 38.360, inclusive [;] , and section 1 of this act;

      2.  Assist owners in condominium hotels to understand their rights and responsibilities as set forth in this chapter and the governing documents of their associations, including, without limitation, publishing materials related to those rights and responsibilities;

      3.  Assist members of executive boards and officers of associations to carry out their duties;

      4.  When appropriate, investigate disputes involving the provisions of this chapter or the governing documents of an association and assist in resolving such disputes; and

      5.  Compile and maintain a registration of each association organized within the State which includes, without limitation, the following information:

      (a) The name, address and telephone number of the association;

      (b) The names, mailing addresses and telephone numbers of the members of the executive board of the association;

      (c) The name of the declarant;

      (d) The number of units in the condominium hotel;

      (e) The total annual assessment made by the association; and

      (f) The number of foreclosures which were completed on units within the condominium hotel and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner.

      Sec. 15. NRS 116B.845 is hereby amended to read as follows:

      116B.845  1.  The Commission shall conduct such hearings and other proceedings as are required by the provisions of this chapter.

      2.  The Commission shall collect and maintain or cause to be collected and maintained accurate information relating to:

      (a) The number of condominium hotels in this State;

      (b) The effect of the provisions of this chapter and any regulations adopted pursuant thereto on the development and construction of condominium hotels, the residential lending market for units within condominium hotels and the operation and management of condominium hotels;

      (c) Violations of the provisions of this chapter and any regulations adopted pursuant thereto;

      (d) The accessibility and use of, and the costs related to, the arbitration , [and] mediation and program procedures set forth in NRS 38.300 to 38.360, inclusive, and section 1 of this act, and the decisions rendered and awards made pursuant to those [arbitration and mediation] procedures;

      (e) The number of foreclosures which were completed on units within condominium hotels and which were based on liens for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner; and

      (f) Other issues that the Commission determines are of concern to units’ owners, associations, developers and other persons affected by condominium hotels.

      3.  The Commission shall develop and promote:

 


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ê2013 Statutes of Nevada, Page 2304 (Chapter 418, AB 370)ê

 

      (a) Educational guidelines for conducting the elections of the members of an executive board, the meetings of an executive board and the meetings of the units’ owners of an association; and

      (b) Educational guidelines for the enforcement of the governing documents of an association through liens, penalties and fines.

      4.  The Commission shall recommend and approve for accreditation programs of education and research relating to condominium hotels, including, without limitation:

      (a) The management of condominium hotels;

      (b) The sale and resale of units within condominium hotels;

      (c) Alternative methods that may be used to resolve disputes relating to condominium hotels; and

      (d) The enforcement, including by foreclosure, of liens on units within condominium hotels for the failure of the unit’s owner to pay any assessments levied against the unit or any fines imposed against the unit’s owner.

      Sec. 16. NRS 116B.850 is hereby amended to read as follows:

      116B.850  The Commission may:

      1.  By regulation, establish standards for subsidizing proceedings for mediation , [and] arbitration and a program conducted pursuant to NRS 38.300 to 38.360, inclusive, and section 1 of this act, to ensure that such proceedings are not lengthy and are affordable and readily accessible to all parties;

      2.  By regulation, establish standards for subsidizing educational programs for the benefit of units’ owners, members of executive boards and officers of associations;

      3.  Accept any gifts, grants or donations; and

      4.  Enter into agreements with other entities that are required or authorized to carry out similar duties in this State or in other jurisdictions and cooperate with such entities to develop uniform procedures for carrying out the provisions of this chapter and for accumulating information needed to carry out those provisions.

      Secs. 17 and 18. (Deleted by amendment.)

________

CHAPTER 419, AB 408

Assembly Bill No. 408–Assemblywoman Neal

 

CHAPTER 419

 

[Approved: June 6, 2013]

 

AN ACT relating to business impact statements; revising provisions governing the small business impact statements prepared by state agencies when proposing regulations; requiring a copy of those statements to be submitted to the Legislative Commission; authorizing the Legislative Commission to reject a regulation if the statement is not prepared properly; revising provisions governing the business impact statement prepared by the governing body of a local government when proposing a rule; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 2305 (Chapter 419, AB 408)ê

 

Legislative Counsel’s Digest:

      Existing law requires a state agency subject to the Nevada Administrative Procedure Act (Chapter 233B of NRS) to determine whether a proposed regulation is likely to impose a direct and significant economic burden on small business or directly restrict the formation, operation or expansion of a small business. If so, the agency must engage in certain actions and analysis and then prepare a small business impact statement. (NRS 233B.0608) Existing law provides a similar process to determine the impact on a business when a governing body of a local government proposes to adopt a new rule. (NRS 237.080) Section 1 of this bill requires a state agency to make a concerted effort to determine the impact of the regulation and to conduct or cause to be conducted an analysis of the likely impact of the proposed regulation on small businesses. Section 6 of this bill places a similar requirement on the governing body of a local government with respect to a proposed rule. Section 6 also removes the rebuttable presumption that no direct or significant economic burden is imposed on a business if the governing body does not receive any data or arguments indicating such a burden. Section 1 further requires the director, executive head or other person responsible for the agency to sign the statement certifying that a concerted effort was made to determine the impact of the proposed regulation on a small business and that the information contained in the statement is accurate to the best of his or her knowledge or belief. Section 1 also requires a copy of the small business impact statement to be submitted to the Legislative Counsel when the adopted regulation is submitted.

      Section 2 of this bill requires a state agency to include a statement of the reasons for the conclusions of the agency regarding the impact of a regulation on a small business in its small business impact statement and requires the director, executive head or other person who is responsible for the agency to sign the statement certifying that the information contained in the statement was prepared properly and is accurate to the best of his or her knowledge or belief. (NRS 233B.0609) Section 7 of this bill makes similar requirements applicable to the governing body of a local government which proposes a new rule but requires the county manager, city manager or other chief executive officer for the governing body to sign the business impact statement. (NRS 237.090)

      Section 3 of this bill requires the Legislative Counsel to return a regulation to the agency if it is submitted without the small business impact statement which complies with the requirements for such a statement. (NRS 233B.0665) Section 4 of this bill allows the Legislative Commission or the Subcommittee to Review Regulations to reject a regulation if it finds that the small business impact statement is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the regulation on small businesses. (NRS 233B.067)

      Section 5 of this bill requires a state agency that receives a petition from a business that is aggrieved by a regulation to transmit a copy of the petition to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee. (NRS 233B.105)

 

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 233B.0608 is hereby amended to read as follows:

      233B.0608  1.  Before conducting a workshop for a proposed regulation pursuant to NRS 233B.061, an agency shall make a concerted effort to determine whether the proposed regulation is likely to:

      (a) Impose a direct and significant economic burden upon a small business; or

      (b) Directly restrict the formation, operation or expansion of a small business.

 


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ê2013 Statutes of Nevada, Page 2306 (Chapter 419, AB 408)ê

 

      2.  If an agency determines pursuant to subsection 1 that a proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business, the agency shall:

      (a) Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

      (b) Conduct or cause to be conducted an analysis of the likely impact of the proposed regulation on small businesses. Insofar as practicable, the analysis must be conducted by the employee of the agency who is most knowledgeable about the subject of the proposed regulation and its likely impact on small businesses or by a consultant or other independent contractor who has such knowledge and is retained by the agency.

      (c) Consider methods to reduce the impact of the proposed regulation on small businesses, including, without limitation:

             (1) Simplifying the proposed regulation;

             (2) Establishing different standards of compliance for a small business; and

             (3) Modifying a fee or fine set forth in the regulation so that a small business is authorized to pay a lower fee or fine.

      [(c)](d) Prepare a small business impact statement and make copies of the statement available to the public [at] not less than 15 days before the workshop conducted and the public hearing held pursuant to NRS 233B.061. A copy of the statement must accompany the notice required by subsection 2 of NRS 233B.061 and the agenda for the public hearing held pursuant to that section.

      3.  The agency shall prepare a statement identifying the methods used by the agency in determining the impact of a proposed regulation on a small business [.] and the reasons for the conclusions of the agency. The director, executive head or other person who is responsible for the agency shall sign the statement certifying that, to the best of his or her knowledge or belief, a concerted effort was made to determine the impact of the proposed regulation on small businesses and that the information contained in the statement is accurate.

      4.  Each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by a copy of the small business impact statement and the statement made pursuant to subsection 3. If the agency revises a regulation after preparing the small business impact statement and the statement made pursuant to subsection 3, the agency must include an explanation of the revision and the effect of the change on small businesses.

      Sec. 2. NRS 233B.0609 is hereby amended to read as follows:

      233B.0609  1.  A small business impact statement prepared pursuant to NRS 233B.0608 must set forth the following information:

      [1.](a) A description of the manner in which comment was solicited from affected small businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

      [2.](b)The manner in which the analysis was conducted.

      (c) The estimated economic effect of the proposed regulation on the small businesses which it is to regulate, including, without limitation:

      [(a)](1) Both adverse and beneficial effects; and

      [(b)](2) Both direct and indirect effects.

 


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ê2013 Statutes of Nevada, Page 2307 (Chapter 419, AB 408)ê

 

      [3.](d) A description of the methods that the agency considered to reduce the impact of the proposed regulation on small businesses and a statement regarding whether the agency actually used any of those methods.

      [4.](e) The estimated cost to the agency for enforcement of the proposed regulation.

      [5.](f) If the proposed regulation provides a new fee or increases an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used.

      [6.](g) If the proposed regulation includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

      (h) The reasons for the conclusions of the agency regarding the impact of a regulation on small businesses.

      2.  The director, executive head or other person who is responsible for the agency shall sign the small business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.

      Sec. 3. NRS 233B.0665 is hereby amended to read as follows:

      233B.0665  If a regulation submitted to the Legislative Counsel Bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066 [,] or a small business impact statement which complies with the requirements of NRS 233B.0608 and 233B.0609, the Legislative Counsel shall return the regulation to the agency with a note [that the statement] indicating the statement which is missing. Unless the missing statement is supplied, the Legislative Counsel shall not submit the regulation to the Legislative Commission or the Subcommittee to Review Regulations, as applicable, and the regulation never becomes effective.

      Sec. 4. NRS 233B.067 is hereby amended to read as follows:

      233B.067  1.  After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the Legislature in granting that authority. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

      2.  If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

      (a) The agency is required to adopt pursuant to a federal statute or regulation; and

      (b) Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,

Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

      3.  Except as otherwise provided in subsection 4, the Legislative Commission shall:

 


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ê2013 Statutes of Nevada, Page 2308 (Chapter 419, AB 408)ê

 

      (a) Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting; or

      (b) Refer the regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6.

      4.  If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations. The Subcommittee shall meet to review the regulation as soon as practicable.

      5.  If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred, approves the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or Subcommittee objects to the regulation after determining that:

      (a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

      (b) The regulation does not conform to statutory authority; [or]

      (c) The small business impact statement is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the regulation on small businesses; or

      (d) The regulation does not carry out legislative intent,

Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

      6.  As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members or alternate members of the Legislative Commission.

      Sec. 5. NRS 233B.105 is hereby amended to read as follows:

      233B.105  1.  A small business that is aggrieved by a regulation adopted by an agency on or after January 1, 2000, may object to all or a part of the regulation by filing a petition with the agency that adopted the regulation within 90 days after the date on which the regulation was adopted. An agency which receives such a petition shall transmit a copy of the petition to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.

      2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

      (a) The agency failed to prepare a small business impact statement as required pursuant to NRS 233B.0608 [;] and 233B.0609; or

      (b) The small business impact statement prepared by the agency pursuant to NRS 233B.0608 and 233B.0609 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the regulation on small businesses.

      3.  After receiving a petition pursuant to subsection 1, an agency shall determine whether the petition has merit. If the agency determines that the petition has merit, the agency may, pursuant to this chapter, take action to amend the regulation to which the small business objected.

 


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ê2013 Statutes of Nevada, Page 2309 (Chapter 419, AB 408)ê

 

      Sec. 6. NRS 237.080 is hereby amended to read as follows:

      237.080  1.  Before a governing body of a local government adopts a proposed rule, the governing body or its designee must make a concerted effort to determine whether the proposed rule will impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. The governing body of a local government or its designee must notify trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent.

      2.  [If the governing body or its designee does not receive any data or arguments from the trade associations or owners or officers of businesses that were notified pursuant to subsection 1 within the period specified in the notification, a rebuttable presumption is created that the proposed rule will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.

      3.]  After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired, the governing body or its designee shall determine whether the proposed rule is likely to:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee.

      [4.]3.  If the governing body or its designee determines pursuant to subsection [3] 2 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:

      (a) Simplifying the proposed rule;

      (b) Establishing different standards of compliance for a business; and

      (c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.

      [5.]4.  After making a determination pursuant to subsection [3,] 2, the governing body or its designee shall prepare a business impact statement.

      Sec. 7. NRS 237.090 is hereby amended to read as follows:

      237.090  1.  A business impact statement prepared pursuant to NRS 237.080 must be considered [at any hearing conducted] by the governing body at its regular meeting next preceding any regular meeting held to adopt [a] the proposed rule . [and] The business impact statement must set forth the following information:

 


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ê2013 Statutes of Nevada, Page 2310 (Chapter 419, AB 408)ê

 

      (a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary.

      (b) The estimated economic effect of the proposed rule on the businesses which it is to regulate, including, without limitation:

             (1) Both adverse and beneficial effects; and

             (2) Both direct and indirect effects.

      (c) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods.

      (d) The estimated cost to the local government for enforcement of the proposed rule.

      (e) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used.

      (f) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary.

      (g) The reasons for the conclusions regarding the impact of the proposed rule on businesses.

      2.  The county manager, city manager or other chief executive officer for the governing body of a local government shall sign the business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate.

      3.  The governing body of a local government shall not include the [adoption of a proposed rule] consideration of a business impact statement on the agenda for a meeting unless [a business impact] the statement has been prepared and is available for public inspection at the time the agenda is first posted.

      Sec. 8. NRS 237.100 is hereby amended to read as follows:

      237.100  1.  A business that is aggrieved by a rule adopted by the governing body of a local government on or after January 1, 2000, may object to all or a part of the rule by filing a petition with the governing body that adopted the rule within 30 days after the date on which the rule was adopted.

      2.  A petition filed pursuant to subsection 1 may be based on the following grounds:

      (a) The governing body of the local government or its designee failed to prepare a business impact statement as required pursuant to NRS 237.080 [;] and 237.090; or

      (b) The business impact statement prepared by the governing body or its designee pursuant to NRS 237.080 and 237.090 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the rule on businesses.

      3.  After receiving a petition pursuant to subsection 1, the governing body of a local government shall determine whether the petition has merit. If the governing body determines that the petition has merit, the governing body may take action to amend the rule to which the business objected.

 


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ê2013 Statutes of Nevada, Page 2311 (Chapter 419, AB 408)ê

 

      4.  Each governing body of a local government shall provide a procedure for an aggrieved business to object to a rule adopted by the governing body. The procedure must be filed with the clerk of the local government and available upon request at no charge.

      Sec. 9.  This act becomes effective on July 1, 2013.

________

CHAPTER 420, AB 436

Assembly Bill No. 436–Committee on Commerce and Labor

 

CHAPTER 420

 

[Approved: June 6, 2013]

 

AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to adopt regulations specifying certain information which the Commission will consider in reviewing certain requests included in applications and plans submitted to the Commission by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes to adopt a plan of water conservation approved by the Public Utilities Commission of Nevada. (NRS 704.662, 704.6622) Section 2 of this bill requires the Commission to adopt regulations specifying the information the Commission will consider when reviewing: (1) a request included with a rate application submitted by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to recover an amount based on the anticipated effects of implementing a plan of water conservation; (2) a request included with a rate application submitted by such a public utility to recover the costs of providing service without regard to the difference in the quantity of water actually sold by the public utility; and (3) a request included in a resource plan, an amendment to such a plan or certain other filings submitted by certain public utilities which furnish, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to impose a surcharge for the purpose of funding and encouraging investment in infrastructure in the period between the filing of rate cases by the public utility. Section 2 provides that the imposition of such a surcharge is not subject to the provisions of existing law governing applications to make changes in any schedule.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. The Commission shall adopt regulations specifying the information the Commission will consider:

 


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ê2013 Statutes of Nevada, Page 2312 (Chapter 420, AB 436)ê

 

      1.  In reviewing a request included in an application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to recover an amount based on the anticipated effects of implementing a plan of water conservation, including, without limitation, the anticipated effects of decreased consumption of water by customers of the public utility as the result of the implementation of a plan for water conservation or the charging of rates to encourage water conservation;

      2.  In reviewing a request included in an application to make changes in any schedule submitted pursuant to NRS 704.110 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, to recover the costs of providing service without regard to the difference in the quantity of water actually sold by the public utility by taking into account the adjusted and annualized quantity of water sold during a test year and the growth in the number of customers of the public utility; and

      3.  In reviewing a request included in a plan or amendment to a plan submitted pursuant to NRS 704.661 by a public utility which furnishes, for compensation, any water for municipal, industrial or domestic purposes, or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years or, if the public utility is authorized to follow the simplified procedures or methodologies for a change of rates pursuant to NRS 704.095, made in such other form as prescribed by the Commission, to impose a surcharge for the purpose of funding and encouraging investment in infrastructure in the period between the filing of rate cases by the public utility. The imposition of any such surcharge approved by the Commission is not subject to the provisions of NRS 704.110.

      Sec. 3. (Deleted by amendment.)

      Sec. 4.  This act becomes effective on July 1, 2013.

________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2313ê

 

CHAPTER 421, AB 480

Assembly Bill No. 480–Committee on Ways and Means

 

CHAPTER 421

 

[Approved: June 6, 2013]

 

AN ACT relating to the Tahoe Regional Planning Agency; requiring the Agency periodically to submit certain financial information to the Executive and Legislative Departments of the State Government; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill requires the Tahoe Regional Planning Agency annually to provide the Governor and the Director of the Legislative Counsel Bureau with a copy of the Agency’s most recent independent audit report and certain information about the Agency’s expenditures and its progress in achieving certain performance measures and benchmarks. Sections 2 and 3 of this bill require the Agency to submit biennially its proposed budget to the Chief of the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau.

 

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 277.220 is hereby amended to read as follows:

      277.220  1.  The Account for the Tahoe Regional Planning Agency is hereby established in the State General Fund and consists of any money provided by direct legislative appropriation. Money in this Account must be expended for the support of, or paid over directly to, the Tahoe Regional Planning Agency in whatever amount and manner is directed by each appropriation or provided by law.

      2.  On or before January 31 of each year, the Tahoe Regional Planning Agency shall submit to the Governor and the Director of the Legislative Counsel Bureau:

      (a) A copy of the report of the independent audit most recently prepared for the Tahoe Regional Planning Agency; and

      (b) A written report detailing:

             (1) The nature and purpose of the expenditures made by the Tahoe Regional Planning Agency during the immediately preceding calendar year from money appropriated to it by the Legislature; and

             (2) The progress of the Tahoe Regional Planning Agency in achieving the performance measures and benchmarks included in its current biennial budget.

      3.  The Director of the Legislative Counsel Bureau shall cause copies of the materials submitted pursuant to subsection 2 to be transmitted to the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System created by NRS 218E.555 and:

      (a) In odd-numbered years, the Legislature.

      (b) In even-numbered years, the Interim Finance Committee.

 


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ê2013 Statutes of Nevada, Page 2314 (Chapter 421, AB 480)ê

 

      Sec. 2. NRS 353.210 is hereby amended to read as follows:

      353.210  1.  Except as otherwise provided in [subsection] subsections 6 [,] and 7, on or before September 1 of each even-numbered year, all departments, institutions and other agencies of the Executive Department of the State Government, and all agencies of the Executive Department of the State Government receiving state money, fees or other money under the authority of the State, including those operating on money designated for specific purposes by the Nevada Constitution or otherwise, shall prepare, on blanks furnished them by the Chief, and submit to the Chief:

      (a) The number of full-time equivalent positions within the department, institution or agency.

      (b) The number of full-time equivalent positions within the department, institution or agency that have been vacant for at least 12 months, the number of months each such position has been vacant and the reasons for each such vacancy.

      (c) Any existing contracts for services the department, institution or agency has with temporary employment services or other persons, the proposed expenditures for such contracts in the next 2 fiscal years and the reasons for the use of such services. If such contracts include any privatization contracts, a copy of each of those privatization contracts together with:

             (1) A statement specifying the duration of the privatization contracts;

             (2) The number of privatization contracts proposed for the next 2 fiscal years and the estimated expenditures for the privatization contracts; and

             (3) An analysis of each of the privatization contracts, which includes, without limitation:

                   (I) For the preceding, current and next fiscal years, the annual amount required to perform each of the privatization contracts; and

                   (II) For the preceding and current fiscal years, the number of persons the department, institution or agency employed pursuant to the privatization contracts, reflected as the equivalent full-time position if the persons were regularly employed by the department, institution or agency, including the equivalent hourly wage and the cost of benefits for each job classification.

      (d) Estimates of expenditure requirements of the department, institution or agency, together with all anticipated income from fees and all other sources, for the next 2 fiscal years compared with the corresponding figures of the last completed fiscal year and the estimated figures for the current fiscal year.

      2.  The Chief shall direct that one copy of the forms submitted pursuant to subsection 1, accompanied by every supporting schedule and any other related material, be delivered directly to the Fiscal Analysis Division of the Legislative Counsel Bureau on or before September 1 of each even-numbered year.

      3.  The Budget Division of the Department of Administration shall give advance notice to the Fiscal Analysis Division of the Legislative Counsel Bureau of any conference between the Budget Division of the Department of Administration and personnel of other state agencies regarding budget estimates. A Fiscal Analyst of the Legislative Counsel Bureau or his or her designated representative may attend any such conference.

 


…………………………………………………………………………………………………………………

ê2013 Statutes of Nevada, Page 2315 (Chapter 421, AB 480)ê

 

      4.  The estimates of expenditure requirements submitted pursuant to subsection 1 must be classified to set forth the data of funds, organizational units, and the character and objects of expenditures by program or budgetary account and by category of expense, and must include a mission statement and measurement indicators in adequate detail to comply with the requirements of subparagraph (3) of paragraph (b) of subsection 1 of NRS 353.205. The organizational units may be subclassified by functions and by agencies, bureaus or commissions, or in any other manner at the discretion of the Chief.

      5.  If any department, institution or other agency of the Executive Department of the State Government, whether its money is derived from state money or from other money collected under the authority of the State, fails or neglects to submit estimates of its expenditure requirements as provided in this section, the Chief may, from any data at hand in the Chief’s office or which the Chief may examine or obtain elsewhere, make and enter a proposed budget for the department, institution or agency in accordance with the data.

      6.  Agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System and the Judicial Department of the State Government shall submit to the Chief for his or her information in preparing the proposed executive budget the budgets which they propose to submit to the Legislature.

      7.  On or before September 1 of each even-numbered year, the Tahoe Regional Planning Agency shall submit the budget which the Agency proposes to submit to the Legislature to:

      (a) The Chief for his or her information in preparing the proposed executive budget.

      (b) The Fiscal Analysis Division of the Legislative Counsel Bureau.

      8.  The information provided by a department, institution or agency pursuant to paragraph (c) of subsection 1 is a public record and must be open to public inspection.

      [8.] 9.  As used in this section, “privatization contract” means a contract executed by or on behalf of a department, institution or agency which authorizes a private entity to provide public services which are:

      (a) Substantially similar to the services performed by the public employees of the department, institution or agency; and

      (b) In lieu of the services otherwise authorized or required to be provided by the department, institution or agency.

      Sec. 3. NRS 353.246 is hereby amended to read as follows:

      353.246  1.  Except as otherwise provided in subsection 2 of this section and [subsection] subsections 6 and 7 of NRS 353.210, the provisions of NRS 353.150 to 353.245, inclusive, do not apply to agencies, bureaus, commissions and officers of the Legislative Department, the Public Employees’ Retirement System , [and] the Judicial Department of the State Government [.] and the Tahoe Regional Planning Agency.

      2.  The Legislative Department, the Public Employees’ Retirement System , [and] the Judicial Department of the State Government and the Tahoe Regional Planning Agency shall submit their budgets to the Legislature in the same format as the proposed executive budget unless otherwise provided by the Legislative Commission. All projections of revenue and any other information concerning future state revenue contained in those budgets must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.

 


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ê2013 Statutes of Nevada, Page 2316 (Chapter 421, AB 480)ê

 

revenue and any other information concerning future state revenue contained in those budgets must be based upon the projections and estimates prepared by the Economic Forum pursuant to NRS 353.228.

      Sec. 4.  This act becomes effective on July 1, 2013.

________

CHAPTER 422, AB 207

Assembly Bill No. 207–Assemblyman Ohrenschall

 

CHAPTER 422

 

[Approved: June 6, 2013]

 

AN ACT relating to juveniles; establishing a maximum period of time for which a juvenile court may order certain adults to be placed in county jail for a violation of juvenile probation or parole; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a juvenile court may order a child who is less than 18 years of age to be placed in a facility for the detention of children for not more than 30 days for a violation of probation. Under existing law, if a person who is at least 18 years of age but less than 21 years of age is subject to the jurisdiction of the juvenile court because he or she has been placed on probation by the juvenile court or released on parole from a juvenile detention facility, the juvenile court may order the person to be placed in county jail for the violation of probation or parole. (NRS 62E.710) Section 3 of this bill limits to 30 days the period for which the juvenile court may order such a person to be placed in county jail.

 

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. 3. NRS 62E.710 is hereby amended to read as follows:

      62E.710  The juvenile court may order any child who is:

      1.  Less than 18 years of age and who has been adjudicated delinquent and placed on probation by the juvenile court to be placed in a facility for the detention of children for not more than 30 days for the violation of probation.

      2.  At least 18 years of age but less than 21 years of age and who has been placed on probation by the juvenile court or who has been released on parole to be placed in a county jail for not more than 30 days for the violation of probation or parole.

      Sec. 4. (Deleted by amendment.)

________

 

 

 

 

 


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ê2013 Statutes of Nevada, Page 2317ê

 

CHAPTER 423, SB 252

Senate Bill No. 252–Committee on Commerce, Labor and Energy

 

CHAPTER 423

 

[Approved: June 6, 2013]

 

AN ACT relating to renewable energy; revising provisions which specify the renewable energy systems which qualify as portfolio energy systems; revising provisions relating to the implementation of energy efficiency measures by a provider of electric service for the purpose of complying with the renewable portfolio standard; revising provisions relating to the carrying forward to subsequent calendar years of the excess kilowatt-hours of electricity that a provider generates or acquires from portfolio energy systems; requiring the Public Utilities Commission of Nevada to open an investigatory docket to study, examine and review the process for the sale of portfolio energy credits; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill revises provisions relating to the portfolio standard for providers of electric service, which requires that each year each provider of electric service in this State must generate or acquire from renewable energy systems or save as a result of energy efficiency measures a certain percentage of the electricity sold by the provider to its retail customers in this State.

      In 2005, the 22nd Special Session of the Legislature revised the portfolio standard to authorize a provider to meet a portion of the portfolio standard through savings achieved from energy efficiency measures. (Sections 26-29 of chapter 2, Statutes of Nevada 2005, 22nd Special Session, pp. 82-84) Section 6 of this bill revises the portfolio standard to limit the use of savings achieved from energy efficiency measures by a provider to satisfy the portfolio standard.

      Section 4 of this bill revises the definition of “portfolio energy system or efficiency measure” to provide that a renewable energy system or energy efficiency measure qualifies as a portfolio energy system if: (1) the renewable energy system was placed into operation before July 1, 1997, and a provider used electricity generated or acquired from the system to satisfy the portfolio standard before July 1, 2009; (2) the renewable energy system was placed into operation on or after July 1, 1997; or (3) the energy efficiency measure was installed on or before December 31, 2019.

      Existing law provides that a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure. (NRS 704.78215) Section 8 of this bill excludes from the calculation of portfolio energy credit certain electricity used by a portfolio energy system for its basic operations if the portfolio energy system is placed into operation on or after January 1, 2016.

      Existing law provides that, for the purpose of satisfying the portfolio standard, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from certain solar photovoltaic systems for each 1 kilowatt-hour actually generated or acquired. (NRS 704.7822) Section 9 of this bill revises the applicability of this provision to systems that were placed into operation on or before December 31, 2015.

      Existing law requires the Public Utilities Commission of Nevada to authorize a provider to carry forward into future years any excess kilowatt-hours of electricity the provider generates or acquires from portfolio energy systems if the provider exceeds the portfolio standard for any calendar year. (NRS 704.7828) Section 11 of this bill authorizes a provider that carries forward excess kilowatt-hours of electricity in an amount that is more than 10 percent but less than 25 percent of the amount necessary to satisfy the provider’s portfolio standard for the subsequent calendar year to sell the excess kilowatt-hours of electricity the provider generates or acquires from portfolio energy systems.

 


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ê2013 Statutes of Nevada, Page 2318 (Chapter 423, SB 252)ê

 

amount that is more than 10 percent but less than 25 percent of the amount necessary to satisfy the provider’s portfolio standard for the subsequent calendar year to sell the excess kilowatt-hours of electricity the provider generates or acquires from portfolio energy systems. Section 11 requires a provider to make reasonable efforts to sell any credits which are in excess of 25 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year.

      Section 14 of this bill requires the Commission to open an investigatory docket to study, examine and review the process for the sale of portfolio energy credits and to submit a written report on the results of the investigatory docket and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 4. NRS 704.7804 is hereby amended to read as follows:

      704.7804  “Portfolio energy system or efficiency measure” means:

      1.  Any renewable energy system [; or

      2.  Any energy efficiency measure.] :

      (a) Placed into operation before July 1, 1997, if a provider of electric service used electricity generated or acquired from the renewable energy system to satisfy its portfolio standard before July 1, 2009; or

      (b) Placed into operation on or after July 1, 1997; or

      2.  Any energy efficiency measure installed on or before December 31, 2019.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 704.7821 is hereby amended to read as follows:

      704.7821  1.  For each provider of electric service, the Commission shall establish a portfolio standard. The portfolio standard must require each provider to generate, acquire or save electricity from portfolio energy systems or efficiency measures in an amount that is:

      (a) For calendar years 2005 and 2006, not less than 6 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (b) For calendar years 2007 and 2008, not less than 9 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (c) For calendar years 2009 and 2010, not less than 12 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (d) For calendar years 2011 and 2012, not less than 15 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (e) For calendar years 2013 and 2014, not less than 18 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (f) For calendar years 2015 through 2019, inclusive, not less than 20 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

 


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ê2013 Statutes of Nevada, Page 2319 (Chapter 423, SB 252)ê

 

      (g) For calendar years 2020 through 2024, inclusive, not less than 22 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      (h) For calendar year 2025 and for each calendar year thereafter, not less than 25 percent of the total amount of electricity sold by the provider to its retail customers in this State during that calendar year.

      2.  In addition to the requirements set forth in subsection 1, the portfolio standard for each provider must require that:

      (a) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures during each calendar year, not less than:

             (1) For calendar years 2009 through 2015, inclusive, 5 percent of that amount must be generated or acquired from solar renewable energy systems.

             (2) For calendar year 2016 and for each calendar year thereafter, 6 percent of that amount must be generated or acquired from solar renewable energy systems.

      (b) Of the total amount of electricity that the provider is required to generate, acquire or save from portfolio energy systems or efficiency measures [during] :

             (1) During calendar years 2013 and 2014, not more than 25 percent of that amount may be based on energy efficiency measures;

             (2) During each calendar year [,] 2015 to 2019, inclusive, not more than [25] 20 percent of that amount may be based on energy efficiency measures [.] ;

             (3) During each calendar year 2020 to 2024, inclusive, not more than 10 percent of that amount may be based on energy efficiency measures; and

             (4) For calendar year 2025 and each calendar year thereafter, no portion of that amount may be based on energy efficiency measures.

Ê If the provider intends to use energy efficiency measures to comply with its portfolio standard during any calendar year, of the total amount of electricity saved from energy efficiency measures for which the provider seeks to obtain portfolio energy credits pursuant to this paragraph, at least 50 percent of that amount must be saved from energy efficiency measures installed at service locations of residential customers of the provider, unless a different percentage is approved by the Commission.

      (c) If the provider acquires or saves electricity from a portfolio energy system or efficiency measure pursuant to a renewable energy contract or energy efficiency contract with another party:

             (1) The term of the contract must be not less than 10 years, unless the other party agrees to a contract with a shorter term; and

             (2) The terms and conditions of the contract must be just and reasonable, as determined by the Commission. If the provider is a utility provider and the Commission approves the terms and conditions of the contract between the utility provider and the other party, the contract and its terms and conditions shall be deemed to be a prudent investment and the utility provider may recover all just and reasonable costs associated with the contract.

      3.  If, for the benefit of one or more retail customers in this State, the provider has paid for or directly reimbursed, in whole or in part, the costs of the acquisition or installation of a solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity, the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

 


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ê2013 Statutes of Nevada, Page 2320 (Chapter 423, SB 252)ê

 

the total reduction in the consumption of electricity during each calendar year that results from the solar energy system shall be deemed to be electricity that the provider generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard.

      4.  The Commission shall adopt regulations that establish a system of portfolio energy credits that may be used by a provider to comply with its portfolio standard.

      5.  Except as otherwise provided in subsection 6, each provider shall comply with its portfolio standard during each calendar year.

      6.  If, for any calendar year, a provider is unable to comply with its portfolio standard through the generation of electricity from its own renewable energy systems or, if applicable, through the use of portfolio energy credits, the provider shall take actions to acquire or save electricity pursuant to one or more renewable energy contracts or energy efficiency contracts. If the Commission determines that, for a calendar year, there is not or will not be a sufficient supply of electricity or a sufficient amount of energy savings made available to the provider pursuant to renewable energy contracts and energy efficiency contracts with just and reasonable terms and conditions, the Commission shall exempt the provider, for that calendar year, from the remaining requirements of its portfolio standard or from any appropriate portion thereof, as determined by the Commission.

      7.  The Commission shall adopt regulations that establish:

      (a) Standards for the determination of just and reasonable terms and conditions for the renewable energy contracts and energy efficiency contracts that a provider must enter into to comply with its portfolio standard.

      (b) Methods to classify the financial impact of each long-term renewable energy contract and energy efficiency contract as an additional imputed debt of a utility provider. The regulations must allow the utility provider to propose an amount to be added to the cost of the contract, at the time the contract is approved by the Commission, equal to a compensating component in the capital structure of the utility provider. In evaluating any proposal made by a utility provider pursuant to this paragraph, the Commission shall consider the effect that the proposal will have on the rates paid by the retail customers of the utility provider.

      8.  Except as otherwise provided in NRS 704.78213, the provisions of this section do not apply to a provider of new electric resources as defined in NRS 704B.130.

      9.  As used in this section:

      (a) “Energy efficiency contract” means a contract to attain energy savings from one or more energy efficiency measures owned, operated or controlled by other parties.

      (b) “Renewable energy contract” means a contract to acquire electricity from one or more renewable energy systems owned, operated or controlled by other parties.

      (c) “Terms and conditions” includes, without limitation, the price that a provider must pay to acquire electricity pursuant to a renewable energy contract or to attain energy savings pursuant to an energy efficiency contract.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 704.78215 is hereby amended to read as follows:

      704.78215  1.  Except as otherwise provided in this section or by specific statute, a provider is entitled to one portfolio energy credit for each kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.

 


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ê2013 Statutes of Nevada, Page 2321 (Chapter 423, SB 252)ê

 

kilowatt-hour of electricity that the provider generates, acquires or saves from a portfolio energy system or efficiency measure.

      2.  The Commission may adopt regulations that give a provider more than one portfolio energy credit for each kilowatt-hour of electricity saved by the provider during its peak load period from energy efficiency measures.

      3.  Except as otherwise provided in this subsection, for portfolio energy systems placed into operation on or after January 1, 2016, the amount of electricity generated or acquired from a portfolio energy system does not include the amount of any electricity used by the portfolio energy system for its basic operations that reduce the amount of renewable energy delivered to the transmission grid for distribution and sale to customers of the provider. The provisions of this subsection do not apply to a portfolio energy system placed into operation on or after January 1, 2016, if a provider entered into a contract for the purchase of electricity generated by the portfolio energy system on or before December 31, 2012. For the purposes of this section, the amount of any electricity used by a portfolio energy system for its basic operations does not include the electricity used by a portfolio energy system that generates electricity from geothermal energy for the extraction and transportation of geothermal brine.

      Sec. 9. NRS 704.7822 is hereby amended to read as follows:

      704.7822  For the purpose of complying with a portfolio standard established pursuant to NRS 704.7821 or 704.78213, a provider shall be deemed to have generated or acquired 2.4 kilowatt-hours of electricity from a renewable energy system for each 1.0 kilowatt-hour of actual electricity generated or acquired from a solar photovoltaic system, if:

      1.  The system is installed on the premises of a retail customer; [and]

      2.  The system was placed into operation on or before December 31, 2015; and

      3.  On an annual basis, at least 50 percent of the electricity generated by the system is utilized by the retail customer on that premises.

      Sec. 10. (Deleted by amendment.)

      Sec. 11. NRS 704.7828 is hereby amended to read as follows:

      704.7828  1.  The Commission shall adopt regulations to carry out and enforce the provisions of NRS 704.7801 to 704.7828, inclusive. The regulations adopted by the Commission may include any enforcement mechanisms which are necessary and reasonable to ensure that each provider of electric service complies with its portfolio standard. Such enforcement mechanisms may include, without limitation, the imposition of administrative fines.

      2.  If a provider exceeds the portfolio standard for any calendar year [, the] :

      (a) The Commission shall authorize the provider to carry forward to subsequent calendar years for the purpose of complying with the portfolio standard for those subsequent calendar years any excess kilowatt-hours of electricity that the provider generates, acquires or saves from portfolio energy systems or efficiency measures [.] ;

      (b) By more than 10 percent but less than 25 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year, the provider may sell any portfolio energy credits which are in excess of 10 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year; and

 


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ê2013 Statutes of Nevada, Page 2322 (Chapter 423, SB 252)ê

 

      (c) By 25 percent or more of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year, the provider shall use reasonable efforts to sell any portfolio energy credits which are in excess of 25 percent of the amount of portfolio energy credits necessary to comply with its portfolio standard for the subsequent calendar year.

Ê Any money received by a provider from the sale of portfolio energy credits pursuant to paragraphs (b) and (c) must be credited against the provider’s costs for purchased fuel and purchased power pursuant to NRS 704.187 in the same calendar year in which the money is received, less any verified administrative costs incurred by the provider to make the sale, including any costs incurred to qualify the portfolio energy credits for potential sale regardless of whether such sales are made.

      3.  If a provider does not comply with its portfolio standard for any calendar year and the Commission has not exempted the provider from the requirements of its portfolio standard pursuant to NRS 704.7821 or 704.78213, the Commission:

      (a) Shall require the provider to carry forward to subsequent calendar years the amount of the deficiency in kilowatt-hours of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; and

      (b) May impose an administrative fine against the provider or take other administrative action against the provider, or do both.

      4.  [The] Except as otherwise provided in subsection 5, the Commission may impose an administrative fine against a provider based upon:

      (a) Each kilowatt-hour of electricity that the provider does not generate, acquire or save from portfolio energy systems or efficiency measures during a calendar year in violation of its portfolio standard; or

      (b) Any other reasonable formula adopted by the Commission.

      5.If a provider sells any portfolio energy credits pursuant to paragraph (b) or (c) of subsection 2 in any calendar year in which the Commission determines that the provider did not comply with its portfolio standard, the Commission shall not make any adjustment to the provider’s expenses or revenues and shall not impose on the provider any administrative fine authorized by this section for that calendar year if:

      (a) In the calendar year immediately preceding the calendar year in which the portfolio energy credits were sold, the amount of portfolio energy credits held by the provider and attributable to electricity generated, acquired or saved from portfolio energy systems or efficiency measures by the provider exceeded the amount of portfolio energy credits necessary to comply with the provider’s portfolio standard by more than 10 percent;

      (b) The price received for any portfolio energy credits sold by the provider was not lower than the most recent value of portfolio energy credits, net of any energy value if the price was for bundled energy and credits, as determined by reference to the last long-term renewable purchased power agreements approved by the Commission in the most recent proceeding that included such agreements; and

      (c) The provider would have complied with the portfolio standard in the relevant year even after the sale of portfolio energy credits based on the load forecast of the provider at the time of the sale.

 


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ê2013 Statutes of Nevada, Page 2323 (Chapter 423, SB 252)ê

 

      6.  In the aggregate, the administrative fines imposed against a provider for all violations of its portfolio standard for a single calendar year must not exceed the amount which is necessary and reasonable to ensure that the provider complies with its portfolio standard, as determined by the Commission.

      [6.] 7.  If the Commission imposes an administrative fine against a utility provider:

      (a) The administrative fine is not a cost of service of the utility provider;

      (b) The utility provider shall not include any portion of the administrative fine in any application for a rate adjustment or rate increase; and

      (c) The Commission shall not allow the utility provider to recover any portion of the administrative fine from its retail customers.

      [7.] 8.  All administrative fines imposed and collected pursuant to this section must be deposited in the State General Fund.

      Secs. 12 and 13. (Deleted by amendment.)

      Sec. 14.  1.  As soon as practicable after October 1, 2013, the Public Utilities Commission of Nevada shall open an investigatory docket to study, examine and review the process for the sale of portfolio energy credits, as defined in NRS 704.7803, to determine whether the process can be improved to:

      (a) Better enable providers of electric service, as defined in NRS 704.7808, to engage in the sale of portfolio energy credits; and

      (b) Provide the greatest economic benefit to customers of providers of electric service in this State.

      2.  The following parties may participate in the investigatory docket:

      (a) Each provider of electric service operating in this State;

      (b) The Regulatory Operations Staff of the Commission;

      (c) The Consumer’s Advocate and the Bureau of Consumer Protection in the Office of the Attorney General; and

      (d) Any other interested parties.

      3.  The Commission shall, on or before January 31, 2015, submit a written report on the results of the investigatory docket and any recommendations for legislation to the Director of the Legislative Counsel Bureau for transmittal to the 78th Session of the Nevada Legislature.

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ê2013 Statutes of Nevada, Page 2324ê

 

CHAPTER 424, SB 229

Senate Bill No. 229–Committee on Government Affairs

 

CHAPTER 424

 

[Approved: June 6, 2013]

 

AN ACT relating to land use planning; contingently amending and repealing certain provisions of the Tahoe Regional Planning Compact and provisions providing for the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact under certain circumstances and various matters relating to that withdrawal; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law sets forth the Tahoe Regional Planning Compact, an interstate agreement between the States of California and Nevada pursuant to which the bistate Tahoe Regional Planning Agency regulates environmental and land-use matters within the Lake Tahoe Basin. (NRS 277.190-277.220)

      Senate Bill No. 271 of the 2011 Session (SB271) requires the withdrawal of the State of Nevada from the Tahoe Regional Planning Compact on October 1, 2015, unless, by that date, an amendment to the Compact proposed by SB271 has been adopted by the State of California and approved pursuant to federal law, and the governing board of the Tahoe Regional Planning Agency has adopted an update to the 1987 Regional Plan. SB271 authorizes the Governor, under certain circumstances, to postpone that withdrawal date until October 1, 2017. (Chapter 530, Statutes of Nevada 2011, p. 3710)

      This bill repeals certain provisions of SB271 upon enactment by the State of California of legislation that is effective on or before January 1, 2014, which: (1) adopts amendments to the Compact that are substantially identical to the amendments contained in section 1.5 of SB271, as amended by section 2 of this bill; (2) agrees to cooperate with the State of Nevada in seeking to have those changes to the Compact approved by Congress; (3) adopts amendments to the Compact substantially identical to the amendments contained in section 1 of this bill relating to the duty of the Tahoe Regional Planning Agency to take certain actions in accordance with the Compact and the regional plan and placing the burden of proof on the party challenging the regional plan or an act taken or decision made by the Agency pursuant to the Compact or the regional plan to show that the plan, act or decision is not in conformance with those requirements; (4) finds and declares support for the full implementation of the regional plan update adopted by the Tahoe Regional Planning Agency in December of 2012; and (5) acknowledges the authority of either the State of California or the State of Nevada to withdraw from the Tahoe Regional Planning Compact pursuant to subdivision (c) of Article X of the Compact or pursuant to any other provision of the laws of each respective State.

      Section 2 of this bill revises SB271 to remove the proposed amendments to the Compact regarding the voting structure of the governing body of the Tahoe Regional Planning Agency and the burden of proof.

      If the State of California does not enact such legislation on or before January 1, 2014, the provisions of this bill expire and SB271 remains in effect.

 

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 277.200 is hereby amended to read as follows:

      277.200  The Tahoe Regional Planning Compact is as follows:

 


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ê2013 Statutes of Nevada, Page 2325 (Chapter 424, SB 229)ê

 

Tahoe Regional Planning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

      (a) It is found and declared that:

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

             (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

      (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

      (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 


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ê2013 Statutes of Nevada, Page 2326 (Chapter 424, SB 229)ê

 

ARTICLE II. Definitions

 

As used in this compact:

      (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

      (b) “Agency” means the Tahoe Regional Planning Agency.

      (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

      (d) “Regional plan” means the long-term general plan for the development of the region.

      (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

      (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

      (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

      (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

      (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

      (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

      (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

 


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ê2013 Statutes of Nevada, Page 2327 (Chapter 424, SB 229)ê

 

      (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

      (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III. Organization

 

      (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

      The governing body of the agency shall be constituted as follows:

      (1) California delegation:

      (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

      (2) Nevada delegation:

      (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

      (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

      (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

      (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment.

 


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ê2013 Statutes of Nevada, Page 2328 (Chapter 424, SB 229)ê

 

the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

      (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

      (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

      (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

      (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

      (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

      (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

      (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

      (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

      (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

 


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ê2013 Statutes of Nevada, Page 2329 (Chapter 424, SB 229)ê

 

special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

      (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

      (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

      (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

      (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

      (2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

      (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

      (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region.

 


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ê2013 Statutes of Nevada, Page 2330 (Chapter 424, SB 229)ê

 

County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

      The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

      The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

      The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

      A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

      (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

      (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

      (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

      (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

 


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ê2013 Statutes of Nevada, Page 2331 (Chapter 424, SB 229)ê

 

arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

      (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

      (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

      The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

      If a request is made for the amendment of the regional plan by:

      (1) A political subdivision a part of whose territory would be affected by such amendment; or

      (2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

      (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

      (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

 


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ê2013 Statutes of Nevada, Page 2332 (Chapter 424, SB 229)ê

 

shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

      The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

      (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

      (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

      (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

      (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

      The plan shall provide for an appropriate transit system for the region.

      The plan shall give consideration to:

      (A) Completion of the Loop Road in the states of Nevada and California;

      (B) Utilization of a light rail mass transit system in the South Shore area; and

      (C) Utilization of a transit terminal in the Kingsbury Grade area.

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

      (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

      (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

      (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

 


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ê2013 Statutes of Nevada, Page 2333 (Chapter 424, SB 229)ê

 

      In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

      (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

      The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

      (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

      (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

      (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

      (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

      (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 


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ê2013 Statutes of Nevada, Page 2334 (Chapter 424, SB 229)ê

 

and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

ARTICLE VI. Agency’s Powers

 

      (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

      The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

      Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

      (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

      The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

      Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

 


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applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

      (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

      (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

      (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

      (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

      The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)           252

      2.  Placer County..................................................................................           278

      3.  Carson City......................................................................................            -0-

      4.  Douglas County..............................................................................           339

      5.  Washoe County..............................................................................           739

      (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

 


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      The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

      1.  City of South Lake Tahoe and El Dorado County (combined)      64,324

      2.  Placer County..................................................................................      23,000

      3.  Carson City......................................................................................            -0-

      4.  Douglas County..............................................................................      57,354

      5.  Washoe County..............................................................................      50,600

      (5) No structure may be erected to house gaming under a nonrestricted license.

      (6) No facility for the treatment of sewage may be constructed or enlarged except:

      (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

      (B) To accommodate development which is not prohibited or limited by this subdivision; or

      (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

      The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

      The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

      (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

 


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ê2013 Statutes of Nevada, Page 2337 (Chapter 424, SB 229)ê

 

default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

      (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

      (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

      (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

      (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

      (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

      (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

      (A) Enlarge the cubic volume of the structure;

      (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

      (C) Convert an area devoted to the private use of guests to an area open to public use;

      (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

      (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited.

 


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prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

      (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

      (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

      (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

      (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

      (A) The location of its external walls;

      (B) Its total cubic volume;

      (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

      (D) The amount of surface area of land under the structure; and

      (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

      (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

      The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

      (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

      (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

 


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      (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

      (1) This subdivision applies to:

      (A) Actions arising out of activities directly undertaken by the agency.

      (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

      (C) Actions arising out of any other act or failure to act by any person or public agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

      (2) Venue lies:

      (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

      (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

      (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

      (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

      (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

 


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to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

      (6) In addition to the provisions of paragraph (5) relating to judicial inquiry:

      (A) When adopting or amending a regional plan, the agency shall act in accordance with the requirements of the compact and the implementing ordinances, rules and regulations, and a party challenging the regional plan has the burden of showing that the regional plan is not in conformance with those requirements.

      (B) When taking an action or making a decision, the agency shall act in accordance with the requirements of the compact and the regional plan, including the implementing ordinances, rules and regulations, and a party challenging the action or decision has the burden of showing that the act or decision is not in conformance with those requirements.

      (7) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

      [(7)](8) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

      (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies. If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

      (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

      (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

      (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

      (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

 


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      (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

      (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

      (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

      (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment;

      (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

      (A) The significant environmental impacts of the proposed project;

      (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

      (C) Alternatives to the proposed project;

      (D) Mitigation measures which must be implemented to assure meeting standards of the region;

      (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

      (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

      (G) The growth-inducing impact of the proposed project;

      (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

      (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

      (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

      (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes.

 


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authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

      (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

      In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

      (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

      (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

      (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

Ê A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

      (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

      (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII. Finances

 

      (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor.

 


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within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

      (b) The agency may fix and collect reasonable fees for any services rendered by it.

      (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

      (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

      (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

      (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

      (b) The business of the district shall be managed by a board of directors consisting of:

      (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;

      (2) One member of the city council of the City of South Lake Tahoe;

      (3) One member each of the board of county commissioners of Douglas County and of Washoe County;

      (4) One member of the board of supervisors of Carson City;

      (5) The director of the California Department of Transportation; and

      (6) The director of the department of transportation of the State of Nevada.

Ê Any director may designate an alternate.

      (c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

      (d) The Tahoe transportation district may in accordance with the adopted transportation plan:

      (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

 


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      (2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district within the region.

      (3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

      (4) Fix the rates and charges for transit services provided pursuant to this subdivision.

      (5) Issue revenue bonds and other evidence of indebtedness.

      (6) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of two-thirds of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

      (7) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

      (e) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

      (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

      (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

      (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

      (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

 


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      Sec. 2. Section 1.5 of chapter 530, Statutes of Nevada 2011, at page 3711, is hereby amended to read as follows:

       Sec. 1.5.  NRS 277.200 is hereby amended to read as follows:

       277.200  The Tahoe Regional Planning Compact is as follows:

 

Tahoe Regional Planning Compact

 

ARTICLE I. Findings and Declarations of Policy

 

       (a) It is found and declared that:

             (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration or degeneration, which endangers the natural beauty and economic productivity of the region.

             (2) The public and private interests and investments in the region are substantial.

             (3) The region exhibits unique environmental and ecological values which are irreplaceable.

             (4) By virtue of the special conditions and circumstances of the region’s natural ecology, developmental pattern, population distribution and human needs, the region is experiencing problems of resource use and deficiencies of environmental control.

             (5) Increasing urbanization is threatening the ecological values of the region and threatening the public opportunities for use of the public lands.

             (6) Maintenance of the social and economic health of the region depends on maintaining the significant scenic, recreational, educational, scientific, natural and public health values provided by the Lake Tahoe Basin.

             (7) There is a public interest in protecting, preserving and enhancing these values for the residents of the region and for visitors to the region.

             (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and natural areas, and safeguarding the public who live, work and play in or visit the region are divided among local governments, regional agencies, the states of California and Nevada, and the Federal Government.

             (9) In recognition of the public investment and multistate and national significance of the recreational values, the Federal Government has an interest in the acquisition of recreational property and the management of resources in the region to preserve environmental and recreational values, and the Federal Government should assist the states in fulfilling their responsibilities.

             (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region, there is a need to insure an equilibrium between the region’s natural endowment and its man-made environment.

       (b) In order to enhance the efficiency and governmental effectiveness of the region, it is imperative that there be established a Tahoe Regional Planning Agency with the powers conferred by this compact including the power to establish environmental threshold carrying capacities and to adopt and enforce a regional plan and implementing ordinances which will achieve and maintain such capacities while providing opportunities for orderly growth and development consistent with such capacities.

 


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capacities while providing opportunities for orderly growth and development consistent with such capacities.

       (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances, rules and regulations in accordance with the provisions of this compact.

 

ARTICLE II. Definitions

 

As used in this compact:

       (a) “Region,” includes Lake Tahoe, the adjacent parts of Douglas and Washoe counties and Carson City, which for the purposes of this compact shall be deemed a county, lying within the Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall be as precisely delineated on official maps of the agency.

       (b) “Agency” means the Tahoe Regional Planning Agency.

       (c) “Governing body” means the governing board of the Tahoe Regional Planning Agency.

       (d) “Regional plan” means the long-term general plan for the development of the region.

       (e) “Planning commission” means the advisory planning commission appointed pursuant to subdivision (h) of Article III.

       (f) “Gaming” means to deal, operate, carry on, conduct, maintain or expose for play any banking or percentage game played with cards, dice or any mechanical device or machine for money, property, checks, credit or any representative of value, including, without limiting the generality of the foregoing, faro, monte, roulette, keno, bingo, fantan, twenty-one, blackjack, seven-and-a-half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include social games played solely for drinks, or cigars or cigarettes served individually, games played in private homes or residences for prizes or games operated by charitable or educational organizations, to the extent excluded by applicable state law.

       (g) “Restricted gaming license” means a license to operate not more than 15 slot machines on which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

       (h) “Project” means an activity undertaken by any person, including any public agency, if the activity may substantially affect the land, water, air, space or any other natural resources of the region.

       (i) “Environmental threshold carrying capacity” means an environmental standard necessary to maintain a significant scenic, recreational, educational, scientific or natural value of the region or to maintain public health and safety within the region.

 


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ê2013 Statutes of Nevada, Page 2347 (Chapter 424, SB 229)ê

 

maintain public health and safety within the region. Such standards shall include but not be limited to standards for air quality, water quality, soil conservation, vegetation preservation and noise.

       (j) “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

       (k) “Areas open to public use” means all of the areas within a structure housing gaming under a nonrestricted license except areas devoted to the private use of guests.

       (l) “Areas devoted to private use of guests” means hotel rooms and hallways to serve hotel room areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the areas on each side of the hallway are hotel rooms.

       (m) “Nonrestricted license” means a gaming license which is not a restricted gaming license.

 

ARTICLE III. Organization

 

       (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

       The governing body of the agency shall be constituted as follows:

       (1) California delegation:

       (A) One member appointed by each of the County Boards of Supervisors of the Counties of El Dorado and Placer and one member appointed by the City Council of the City of South Lake Tahoe. Any such member may be a member of the county board of supervisors or city council, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

       (B) Two members appointed by the Governor of California, one member appointed by the Speaker of the Assembly of California and one member appointed by the Senate Rules Committee of the State of California. The members appointed pursuant to this subparagraph shall not be residents of the region and shall represent the public at large within the State of California.

       (2) Nevada delegation:

       (A) One member appointed by each of the boards of county commissioners of Douglas and Washoe counties and one member appointed by the board of supervisors of Carson City. Any such member may be a member of the board of county commissioners or board of supervisors, respectively, and shall reside in the territorial jurisdiction of the governmental body making the appointment.

       (B) One member appointed by the governor of Nevada, the secretary of state of Nevada or his designee, and the director of the state department of conservation and natural resources of Nevada or his designee. Except for the secretary of state and the director of the state department of conservation and natural resources, the members or designees appointed pursuant to this subparagraph shall not be residents of the region. All members appointed pursuant to this subparagraph shall represent the public at large within the State of Nevada.

 


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ê2013 Statutes of Nevada, Page 2348 (Chapter 424, SB 229)ê

 

       (C) One member appointed for a 1-year term by the six other members of the Nevada delegation. If at least four members of the Nevada delegation are unable to agree upon the selection of a seventh member within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body for that state the governor of the State of Nevada shall make such an appointment. The member appointed pursuant to this subparagraph may, but is not required to, be a resident of the region within the State of Nevada.

       (3) If any appointing authority under paragraph (1)(A), (1)(B), (2)(A) or (2)(B) fails to make such an appointment within 60 days after the effective date of the amendments to this compact or the occurrence of a vacancy on the governing body, the governor of the state in which the appointing authority is located shall make the appointment. The term of any member so appointed shall be 1 year.

       (4) The position of any member of the governing body shall be deemed vacant if such a member is absent from three consecutive meetings of the governing body in any calendar year.

       (5) Each member and employee of the agency shall disclose his economic interests in the region within 10 days after taking his seat on the governing board or being employed by the agency and shall thereafter disclose any further economic interest which he acquires, as soon as feasible after he acquires it. As used in this paragraph, “economic interests” means:

       (A) Any business entity operating in the region in which the member or employee has a direct or indirect investment worth more than $1,000;

       (B) Any real property located in the region in which the member or employee has a direct or indirect interest worth more than $1,000;

       (C) Any source of income attributable to activities in the region, other than loans by or deposits with a commercial lending institution in the regular course of business, aggregating $250 or more in value received by or promised to the member within the preceding 12 months; or

       (D) Any business entity operating in the region in which the member or employee is a director, officer, partner, trustee, employee or holds any position of management.

Ê No member or employee of the agency shall make, or attempt to influence, an agency decision in which he knows or has reason to know he has an economic interest. Members and employees of the agency must disqualify themselves from making or participating in the making of any decision of the agency when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the economic interests of the member or employee.

       (b) The members of the agency shall serve without compensation, but the expenses of each member shall be met by the body which he represents in accordance with the law of that body. All other expenses incurred by the governing body in the course of exercising the powers conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

 


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ê2013 Statutes of Nevada, Page 2349 (Chapter 424, SB 229)ê

 

conferred upon it by this compact unless met in some other manner specifically provided, shall be paid by the agency out of its own funds.

       (c) Except for the secretary of state and director of the state department of conservation and natural resources of Nevada and the member appointed pursuant to subdivision (a)(2)(C), the members of the governing body serve at the pleasure of the appointing authority in each case, but each appointment shall be reviewed no less often than every 4 years. Members may be reappointed.

       (d) The governing body of the agency shall meet at least monthly. All meetings shall be open to the public to the extent required by the law of the State of California or the State of Nevada, whichever imposes the greater requirement, applicable to local governments at the time such meeting is held. The governing body shall fix a date for its regular monthly meeting in such terms as “the first Monday of each month,” and shall not change such date more often than once in any calendar year. Notice of the date so fixed shall be given by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region. Notice of any special meeting, except an emergency meeting, shall be given by so publishing the date and place and posting an agenda at least 5 days prior to the meeting.

       (e) The position of a member of the governing body shall be considered vacated upon his loss of any of the qualifications required for his appointment and in such event the appointing authority shall appoint a successor.

       (f) The governing body shall elect from its own members a chairman and vice chairman, whose terms of office shall be 2 years, and who may be reelected. If a vacancy occurs in either office, the governing body may fill such vacancy for the unexpired term.

       (g) Four of the members of the governing body from each state constitute a quorum for the transaction of the business of the agency. The voting procedures shall be as follows:

       (1) For adopting, amending or repealing environmental threshold carrying capacities, the regional plan, and ordinances, rules and regulations, and for granting variances from the ordinances, rules and regulations, the vote of at least four of the members of each state agreeing with the vote of at least four members of the other state shall be required to take action. If there is no vote of at least four of the members from one state agreeing with the vote of at least four of the members of the other state on the actions specified in this paragraph, an action of rejection shall be deemed to have been taken.

       (2) For approving a project, the affirmative vote of at least five members from the state in which the project is located and the affirmative vote of at least nine members of the governing body are required. If at least five members of the governing body from the state in which the project is located and at least nine members of the entire governing body do not vote in favor of the project, upon a motion for approval, an action of rejection shall be deemed to have been taken. A decision by the agency to approve a project shall be supported by a statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

 


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ê2013 Statutes of Nevada, Page 2350 (Chapter 424, SB 229)ê

 

statement of findings, adopted by the agency, which indicates that the project complies with the regional plan and with applicable ordinances, rules and regulations of the agency.

       (3) For routine business and for directing the agency’s staff on litigation and enforcement actions, at least eight members of the governing body must agree to take action. If at least eight votes in favor of such action are not cast, an action of rejection shall be deemed to have been taken.

Ê Whenever under the provisions of this compact or any ordinance, rule, regulation or policy adopted pursuant thereto, the agency is required to review or approve any project, public or private, the agency shall take final action by vote, whether to approve, to require modification or to reject such project, within 180 days after the application for such project is accepted as complete by the agency in compliance with the agency’s rules and regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If a final action by vote does not take place within 180 days, the applicant may bring an action in a court of competent jurisdiction to compel a vote unless he has agreed to an extension. This provision does not limit the right of any person to obtain judicial review of agency action under subdivision (h) of Article VI. The vote of each member of the governing body shall be individually recorded. The governing body shall adopt its own rules, regulations and procedures.

       (h) An advisory planning commission shall be appointed by the agency. The commission shall include: the chief planning officers of Placer County, El Dorado County, and the City of South Lake Tahoe in California and of Douglas County, Washoe County and Carson City in Nevada, the executive officer of the Lahontan Regional Water Quality Control Board of the State of California, the executive officer of the Air Resources Board of the State of California, the director of the state department of conservation and natural resources of the State of Nevada, the administrator of the division of environmental protection in the state department of conservation and natural resources of the State of Nevada, the administrator of the Lake Tahoe Management Unit of the United States Forest Service, and at least four lay members with an equal number from each state, at least half of whom shall be residents of the region. Any official member may designate an alternate.

       The term of office of each lay member of the advisory planning commission shall be 2 years. Members may be reappointed.

       The position of each member of the advisory planning commission shall be considered vacated upon loss of any of the qualifications required for appointment, and in such an event the appointing authority shall appoint a successor.

       The advisory planning commission shall elect from its own members a chairman and a vice chairman, whose terms of office shall be 2 years and who may be reelected. If a vacancy occurs in either office, the advisory planning commission shall fill such vacancy for the unexpired term.

 

 


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ê2013 Statutes of Nevada, Page 2351 (Chapter 424, SB 229)ê

 

       A majority of the members of the advisory planning commission constitutes a quorum for the transaction of the business of the commission. A majority vote of the quorum present shall be required to take action with respect to any matter.

       (i) The agency shall establish and maintain an office within the region, and for this purpose the agency may rent or own property and equipment. Every plan, ordinance and other record of the agency which is of such nature as to constitute a public record under the law of either the State of California or the State of Nevada shall be open to inspection and copying during regular office hours.

       (j) Each authority charged under this compact or by the law of either state with the duty of appointing a member of the governing body of the agency shall by certified copy of its resolution or other action notify the Secretary of State of its own state of the action taken.

 

ARTICLE IV. Personnel

 

       (a) The governing body shall determine the qualification of, and it shall appoint and fix the salary of, the executive officer of the agency, and shall employ such other staff and legal counsel as may be necessary to execute the powers and functions provided for under this compact or in accordance with any intergovernmental contracts or agreements the agency may be responsible for administering.

       (b) Agency personnel standards and regulations shall conform insofar as possible to the regulations and procedures of the civil service of the State of California or the State of Nevada, as may be determined by the governing body of the agency; and shall be regional and bistate in application and effect; provided that the governing body may, for administrative convenience and at its discretion, assign the administration of designated personnel arrangements to an agency of either state, and provided that administratively convenient adjustments be made in the standards and regulations governing personnel assigned under intergovernmental agreements.

       (c) The agency may establish and maintain or participate in such additional programs of employee benefits as may be appropriate to afford employees of the agency terms and conditions of employment similar to those enjoyed by employees of California and Nevada generally.

 

ARTICLE V. Planning

 

       (a) In preparing each of the plans required by this article and each amendment thereto, if any, subsequent to its adoption, the planning commission after due notice shall hold at least one public hearing which may be continued from time to time, and shall review the testimony and any written recommendations presented at such hearing before recommending the plan or amendment. The notice required by this subdivision shall be given at least 20 days prior to the public hearing by publication at least once in a newspaper or combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

 


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ê2013 Statutes of Nevada, Page 2352 (Chapter 424, SB 229)ê

 

combination of newspapers whose circulation is general throughout the region and in each county a portion of whose territory lies within the region.

       The planning commission shall then recommend such plan or amendment to the governing body for adoption by ordinance. The governing body may adopt, modify or reject the proposed plan or amendment, or may initiate and adopt a plan or amendment without referring it to the planning commission. If the governing body initiates or substantially modifies a plan or amendment, it shall hold at least one public hearing thereon after due notice as required in this subdivision.

       If a request is made for the amendment of the regional plan by:

       (1) A political subdivision a part of whose territory would be affected by such amendment; or

       (2) The owner or lessee of real property which would be affected by such amendment,

Ê the governing body shall complete its action on such amendment within 180 days after such request is accepted as complete according to standards which must be prescribed by ordinance of the agency.

       (b) The agency shall develop, in cooperation with the states of California and Nevada, environmental threshold carrying capacities for the region. The agency should request the President’s Council on Environmental Quality, the United States Forest Service and other appropriate agencies to assist in developing such environmental threshold carrying capacities. Within 18 months after the effective date of the amendments to this compact, the agency shall adopt environmental threshold carrying capacities for the region.

       (c) Within 1 year after the adoption of the environmental threshold carrying capacities for the region, the agency shall amend the regional plan so that, at a minimum, the plan and all of its elements, as implemented through agency ordinances, rules and regulations, achieves and maintains the adopted environmental threshold carrying capacities. Each element of the plan shall contain implementation provisions and time schedules for such implementation by ordinance. The planning commission and governing body shall continuously review and maintain the regional plan [.] and, in so doing, shall ensure that the regional plan reflects changing economic conditions and the economic effect of regulation on commerce. The regional plan shall consist of a diagram, or diagrams, and text, or texts setting forth the projects and proposals for implementation of the regional plan, a description of the needs and goals of the region and a statement of the policies, standards and elements of the regional plan.

       The regional plan shall be a single enforceable plan and includes all of the following correlated elements:

       (1) A land-use plan for the integrated arrangement and general location and extent of, and the criteria and standards for, the uses of land, water, air, space and other natural resources within the region, including but not limited to an indication or allocation of maximum population densities and permitted uses.

 


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ê2013 Statutes of Nevada, Page 2353 (Chapter 424, SB 229)ê

 

       (2) A transportation plan for the integrated development of a regional system of transportation, including but not limited to parkways, highways, transportation facilities, transit routes, waterways, navigation facilities, public transportation facilities, bicycle facilities, and appurtenant terminals and facilities for the movement of people and goods within the region. The goal of transportation planning shall be:

       (A) To reduce dependency on the automobile by making more effective use of existing transportation modes and of public transit to move people and goods within the region; and

       (B) To reduce to the extent feasible air pollution which is caused by motor vehicles.

Ê Where increases in capacity are required, the agency shall give preference to providing such capacity through public transportation and public programs and projects related to transportation. The agency shall review and consider all existing transportation plans in preparing its regional transportation plan pursuant to this paragraph.

       The plan shall provide for an appropriate transit system for the region.

       The plan shall give consideration to:

       (A) Completion of the Loop Road in the states of Nevada and California;

       (B) Utilization of a light rail mass transit system in the South Shore area; and

       (C) Utilization of a transit terminal in the Kingsbury Grade area.

Ê Until the regional plan is revised, or a new transportation plan is adopted in accordance with this paragraph, the agency has no effective transportation plan.

       (3) A conservation plan for the preservation, development, utilization, and management of the scenic and other natural resources within the basin, including but not limited to, soils, shoreline and submerged lands, scenic corridors along transportation routes, open spaces, recreational and historical facilities.

       (4) A recreation plan for the development, utilization, and management of the recreational resources of the region, including but not limited to, wilderness and forested lands, parks and parkways, riding and hiking trails, beaches and playgrounds, marinas, areas for skiing and other recreational facilities.

       (5) A public services and facilities plan for the general location, scale and provision of public services and facilities, which, by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the regional plan.

       In formulating and maintaining the regional plan, the planning commission and governing body shall take account of and shall seek to harmonize the needs of the region as a whole, the plans of the counties and cities within the region, the plans and planning activities of the state, federal and other public agencies and nongovernmental agencies and organizations which affect or are concerned with planning and development within the region.

 


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ê2013 Statutes of Nevada, Page 2354 (Chapter 424, SB 229)ê

 

       (d) The regional plan shall provide for attaining and maintaining federal, state, or local air and water quality standards, whichever are strictest, in the respective portions of the region for which the standards are applicable.

       The agency may, however, adopt air or water quality standards or control measures more stringent than the applicable state implementation plan or the applicable federal, state, or local standards for the region, if it finds that such additional standards or control measures are necessary to achieve the purposes of this compact. Each element of the regional plan, where applicable, shall, by ordinance, identify the means and time schedule by which air and water quality standards will be attained.

       (e) Except for the Regional Transportation Plan of the California Tahoe Regional Planning Agency, the regional plan, ordinances, rules and regulations adopted by the California Tahoe Regional Planning Agency in effect on July 1, 1980, shall be the regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency for that portion of the Tahoe region located in the State of California. Such plan, ordinance, rule or regulation may be amended or repealed by the governing body of the agency. The plans, ordinances, rules and regulations of the Tahoe Regional Planning Agency that do not conflict with, or are not addressed by, the California Tahoe Regional Planning Agency’s plans, ordinances, rules and regulations referred to in this subdivision shall continue to be applicable unless amended or repealed by the governing body of the agency. No provision of the regional plan, ordinances, rules and regulations of the California Tahoe Regional Planning Agency referred to in this subdivision shall apply to that portion of the region within the State of Nevada, unless such provision is adopted for the Nevada portion of the region by the governing body of the agency.

       (f) The regional plan, ordinances, rules and regulations of the Tahoe Regional Planning Agency apply to that portion of the region within the State of Nevada.

       (g) The agency shall adopt ordinances prescribing specific written findings that the agency must make prior to approving any project in the region. These findings shall relate to environmental protection and shall insure that the project under review will not adversely affect implementation of the regional plan and will not cause the adopted environmental threshold carrying capacities of the region to be exceeded.

       (h) The agency shall maintain the data, maps and other information developed in the course of formulating and administering the regional plan, in a form suitable to assure a consistent view of developmental trends and other relevant information for the availability of and use by other agencies of government and by private organizations and individuals concerned.

       (i) Where necessary for the realization of the regional plan, the agency may engage in collaborative planning with local governmental jurisdictions located outside the region, but contiguous to its boundaries. In formulating and implementing the regional plan, the agency shall seek the cooperation and consider the recommendations of counties and cities and other agencies of local government, of state and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 


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ê2013 Statutes of Nevada, Page 2355 (Chapter 424, SB 229)ê

 

and federal agencies, of educational institutions and research organizations, whether public or private, and of civic groups and private persons.

 

ARTICLE VI. Agency’s Powers

 

       (a) The governing body shall adopt all necessary ordinances, rules, and regulations to effectuate the adopted regional plan. Except as otherwise provided in this compact, every such ordinance, rule or regulation shall establish a minimum standard applicable throughout the region. Any political subdivision or public agency may adopt and enforce an equal or higher requirement applicable to the same subject of regulation in its territory. The regulations of the agency shall contain standards including but not limited to the following: water purity and clarity; subdivision; zoning; tree removal; solid waste disposal; sewage disposal; land fills, excavations, cuts and grading; piers, harbors, breakwaters or channels and other shoreline developments; waste disposal in shoreline areas; waste disposal from boats; mobile-home parks; house relocation; outdoor advertising; floodplain protection; soil and sedimentation control; air pollution; and watershed protection. Whenever possible without diminishing the effectiveness of the regional plan, the ordinances, rules, regulations and policies shall be confined to matters which are general and regional in application, leaving to the jurisdiction of the respective states, counties and cities the enactment of specific and local ordinances, rules, regulations and policies which conform to the regional plan.

       The agency shall prescribe by ordinance those activities which it has determined will not have substantial effect on the land, water, air, space or any other natural resources in the region and therefore will be exempt from its review and approval.

       Every ordinance adopted by the agency shall be published at least once by title in a newspaper or combination of newspapers whose circulation is general throughout the region. Except an ordinance adopting or amending the regional plan, no ordinance shall become effective until 60 days after its adoption. Immediately after its adoption, a copy of each ordinance shall be transmitted to the governing body of each political subdivision having territory within the region.

       (b) No project other than those to be reviewed and approved under the special provisions of subdivisions (d), (e), (f) and (g) may be developed in the region without obtaining the review and approval of the agency and no project may be approved unless it is found to comply with the regional plan and with the ordinances, rules and regulations enacted pursuant to subdivision (a) to effectuate that plan.

       The agency may approve a project in the region only after making the written findings required by this subdivision or subdivision (g) of Article V. Such findings shall be based on substantial evidence in the record.

       Before adoption by the agency of the ordinances required in subdivision (g) of Article V, the agency may approve a project in the region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

 


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ê2013 Statutes of Nevada, Page 2356 (Chapter 424, SB 229)ê

 

region only after making written findings on the basis of substantial evidence in the record that the project is consistent with the regional plan then in effect and with applicable plans, ordinances, regulations, and standards of federal and state agencies relating to the protection, maintenance and enhancement of environmental quality in the region.

       (c) The legislatures of the states of California and Nevada find that in order to make effective the regional plan as revised by the agency, it is necessary to halt temporarily works of development in the region which might otherwise absorb the entire capability of the region for further development or direct it out of harmony with the ultimate plan. Subject to the limitation provided in this subdivision, from the effective date of the amendments to this compact until the regional plan is amended pursuant to subdivision (c) of Article V, or until May 1, 1983, whichever is earlier:

       (1) Except as otherwise provided in this paragraph, no new subdivision, planned unit development, or condominium project may be approved unless a complete tentative map or plan has been approved before the effective date of the amendments to this compact by all agencies having jurisdiction. The subdivision of land owned by a general improvement district, which existed and owned the land before the effective date of the amendments to this compact, may be approved if subdivision of the land is necessary to avoid insolvency of the district.

       (2) Except as provided in paragraph (3), no apartment building may be erected unless the required permits for such building have been secured from all agencies having jurisdiction, prior to the effective date of the amendments to this compact.

       (3) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize the construction of a greater number of new residential units within the region than were authorized within the region by building permits issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third of that number may be issued by each such city or county. For purposes of this paragraph a “residential unit” means either a single family residence or an individual residential unit within a larger building, such as an apartment building, a duplex or a condominium.

       The legislatures find the respective numbers of residential units authorized within the region during the calendar year 1978 to be as follows:

       1.  City of South Lake Tahoe and El Dorado County (combined)     252

       2.  Placer County.....................................................................           278

       3.  Carson City.........................................................................            -0-

       4.  Douglas County.................................................................           339

       5.  Washoe County.................................................................           739

       (4) During each of the calendar years 1980, 1981 and 1982, no city or county may issue building permits which authorize construction of a greater square footage of new commercial buildings within the region than were authorized within the region by building permits for commercial purposes issued by that city or county during the calendar year 1978.

 


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ê2013 Statutes of Nevada, Page 2357 (Chapter 424, SB 229)ê

 

permits for commercial purposes issued by that city or county during the calendar year 1978. For the period of January through April, 1983, building permits authorizing the construction of no more than one-third the amount of that square footage may be issued by each such city or county.

       The legislatures find the respective square footages of commercial buildings authorized within the region during calendar year 1978 to be as follows:

       1.  City of South Lake Tahoe and El Dorado County (combined)     64,324

       2.  Placer County.....................................................................      23,000

       3.  Carson City.........................................................................            -0-

       4.  Douglas County.................................................................      57,354

       5.  Washoe County.................................................................      50,600

       (5) No structure may be erected to house gaming under a nonrestricted license.

       (6) No facility for the treatment of sewage may be constructed or enlarged except:

       (A) To comply, as ordered by the appropriate state agency for the control of water pollution, with existing limitations of effluent under the Clean Water Act, 33 U.S.C. §§ 1251 et seq., and the applicable state law for control of water pollution;

       (B) To accommodate development which is not prohibited or limited by this subdivision; or

       (C) In the case of Douglas County Sewer District # 1, to modify or otherwise alter sewage treatment facilities existing on the effective date of the amendments to this compact so that such facilities will be able to treat the total volume of effluent for which they were originally designed, which is 3.0 million gallons per day. Such modification or alteration is not a “project”; is not subject to the requirements of Article VII; and does not require a permit from the agency. Before commencing such modification or alteration, however, the district shall submit to the agency its report identifying any significant soil erosion problems which may be caused by such modifications or alterations and the measures which the district proposes to take to mitigate or avoid such problems.

       The moratorium imposed by this subdivision does not apply to work done pursuant to a right vested before the effective date of the amendments to this compact. Notwithstanding the expiration date of the moratorium imposed by this subdivision, no new highway may be built or existing highway widened to accommodate additional continuous lanes for automobiles until the regional transportation plan is revised and adopted.

       The moratorium imposed by this subdivision does not apply to the construction of any parking garage which has been approved by the agency prior to May 4, 1979, whether that approval was affirmative or by default. The provisions of this paragraph are not an expression of legislative intent that any such parking garage, the approval of which is the subject of litigation which was pending on the effective date of the amendments to this compact, should or should not be constructed. The provisions of this paragraph are intended solely to permit construction of such a parking garage if a judgment sustaining the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

 


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ê2013 Statutes of Nevada, Page 2358 (Chapter 424, SB 229)ê

 

the agency’s approval to construct that parking garage has become final and no appeal is pending or may lawfully be taken to a higher court.

       (d) Subject to the final order of any court of competent jurisdiction entered in litigation contesting the validity of an approval by the Tahoe Regional Planning Agency, whether that approval was affirmative or by default, if that litigation was pending on May 4, 1979, the agency and the states of California and Nevada shall recognize as a permitted and conforming use:

       (1) Every structure housing gaming under a nonrestricted license which existed as a licensed gaming establishment on May 4, 1979, or whose construction was approved by the Tahoe Regional Planning Agency affirmatively or deemed approved before that date. The construction or use of any structure to house gaming under a nonrestricted license not so existing or approved, or the enlargement in cubic volume of any such existing or approved structure is prohibited.

       (2) Every other nonrestricted gaming establishment whose use was seasonal and whose license was issued before May 4, 1979, for the same season and for the number and type of games and slot machines on which taxes or fees were paid in the calendar year 1978.

       (3) Gaming conducted pursuant to a restricted gaming license issued before May 4, 1979, to the extent permitted by that license on that date.

Ê The area within any structure housing gaming under a nonrestricted license which may be open to public use (as distinct from that devoted to the private use of guests and exclusive of any parking area) is limited to the area existing or approved for public use on May 4, 1979. Within these limits, any external modification of the structure which requires a permit from a local government also requires approval from the agency. The agency shall not permit restaurants, convention facilities, showrooms or other public areas to be constructed elsewhere in the region outside the structure in order to replace areas existing or approved for public use on May 4, 1979.

       (e) Any structure housing licensed gaming may be rebuilt or replaced to a size not to exceed the cubic volume, height and land coverage existing or approved on May 4, 1979, without the review or approval of the agency or any planning or regulatory authority of the State of Nevada whose review or approval would be required for a new structure.

       (f) The following provisions apply to any internal or external modification, remodeling, change in use, or repair of a structure housing gaming under a nonrestricted license which is not prohibited by Article VI (d):

       (1) The agency’s review of an external modification of the structure which requires a permit from a local government is limited to determining whether the external modification will do any of the following:

       (A) Enlarge the cubic volume of the structure;

       (B) Increase the total square footage of area open to or approved for public use on May 4, 1979;

 


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ê2013 Statutes of Nevada, Page 2359 (Chapter 424, SB 229)ê

 

       (C) Convert an area devoted to the private use of guests to an area open to public use;

       (D) Increase the public area open to public use which is used for gaming beyond the limits contained in paragraph (3); and

       (E) Conflict with or be subject to the provisions of any of the agency’s ordinances that are generally applicable throughout the region.

Ê The agency shall make this determination within 60 days after the proposal is delivered to the agency in compliance with the agency’s rules or regulations governing such delivery unless the applicant has agreed to an extension of this time limit. If an external modification is determined to have any of the effects enumerated in subparagraphs (A) through (C), it is prohibited. If an external modification is determined to have any of the effects enumerated in subparagraph (D) or (E), it is subject to the applicable provisions of this compact. If an external modification is determined to have no such effect, it is not subject to the provisions of this compact.

       (2) Except as provided in paragraph (3), internal modification, remodeling, change in use or repair of a structure housing gaming under a nonrestricted license is not a project and does not require the review or approval of the agency.

       (3) Internal modification, remodeling, change in use or repair of areas open to public use within a structure housing gaming under a nonrestricted license which alone or in combination with any other such modification, remodeling, change in use or repair will increase the total portion of those areas which is actually used for gaming by more than the product of the total base area, as defined below, in square feet existing on or approved before August 4, 1980, multiplied by 15 percent constitutes a project and is subject to all of the provisions of this compact relating to projects. For purposes of this paragraph and the determination required by Article VI (g), base area means all of the area within a structure housing gaming under a nonrestricted license which may be open to public use, whether or not gaming is actually conducted or carried on in that area, except retail stores, convention centers and meeting rooms, administrative offices, kitchens, maintenance and storage areas, rest rooms, engineering and mechanical rooms, accounting rooms and counting rooms.

       (g) In order to administer and enforce the provisions of paragraphs (d), (e) and (f) the State of Nevada, through its appropriate planning or regulatory agency, shall require the owner or licensee of a structure housing gaming under a nonrestricted license to provide:

       (1) Documents containing sufficient information for the Nevada agency to establish the following relative to the structure:

       (A) The location of its external walls;

       (B) Its total cubic volume;

       (C) Within its external walls, the area in square feet open or approved for public use and the area in square feet devoted to or approved for the private use of guests on May 4, 1979;

       (D) The amount of surface area of land under the structure; and

 


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       (E) The base area as defined in paragraph (f)(3) in square feet existing on or approved before August 4, 1980.

       (2) An informational report whenever any internal modification, remodeling, change in use, or repair will increase the total portion of the areas open to public use which is used for gaming.

       The Nevada agency shall transmit this information to the Tahoe Regional Planning Agency.

       (h) Gaming conducted pursuant to a restricted gaming license is exempt from review by the agency if it is incidental to the primary use of the premises.

       (i) The provisions of subdivisions (d) and (e) are intended only to limit gaming and related activities as conducted within a gaming establishment, or construction designed to permit the enlargement of such activities, and not to limit any other use of property zoned for commercial use or the accommodation of tourists, as approved by the agency.

       (j) Legal actions arising out of or alleging a violation of the provisions of this compact, of the regional plan or of an ordinance or regulation of the agency or of a permit or a condition of a permit issued by the agency are governed by the following provisions:

       (1) This subdivision applies to:

       (A) Actions arising out of activities directly undertaken by the agency.

       (B) Actions arising out of the issuance to a person of a lease, permit, license or other entitlement for use by the agency.

       (C) Actions arising out of any other act or failure to act by any person or public agency.

Ê Such legal actions may be filed and the provisions of this subdivision apply equally in the appropriate courts of California and Nevada and of the United States.

       (2) Venue lies:

       (A) If a civil or criminal action challenges an activity by the agency or any person which is undertaken or to be undertaken upon a parcel of real property, in the state or federal judicial district where the real property is situated.

       (B) If an action challenges an activity which does not involve a specific parcel of land (such as an action challenging an ordinance of the agency), in any state or federal court having jurisdiction within the region.

       (3) Any aggrieved person may file an action in an appropriate court of the State of California or Nevada or of the United States alleging noncompliance with the provisions of this compact or with an ordinance or regulation of the agency. In the case of governmental agencies, “aggrieved person” means the Tahoe Regional Planning Agency or any state, federal or local agency. In the case of any person other than a governmental agency who challenges an action of the Tahoe Regional Planning Agency, “aggrieved person” means any person who has appeared, either in person, through an authorized representative, or in writing, before the agency at an appropriate administrative hearing to register objection to the action which is being challenged, or who had good cause for not making such an appearance.

 


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       (4) A legal action arising out of the adoption or amendment of the regional plan or of any ordinance or regulation of the agency, or out of the granting or denial of any permit, shall be commenced within 60 days after final action by the agency. All other legal actions shall be commenced within 65 days after discovery of the cause of action.

       (5) In any legal action filed pursuant to this subdivision which challenges an adjudicatory act or decision of the agency to approve or disapprove a project, the scope of judicial inquiry shall extend only to whether there was prejudicial abuse of discretion. Prejudicial abuse of discretion is established if the agency has not proceeded in a manner required by law or if the act or decision of the agency was not supported by substantial evidence in light of the whole record. In making such a determination the court shall not exercise its independent judgment on evidence but shall only determine whether the act or decision was supported by substantial evidence in light of the whole record. In any legal action filed pursuant to this subdivision which challenges a legislative act or decision of the agency (such as the adoption of the regional plan and the enactment of implementing ordinances), the scope of the judicial inquiry shall extend only to the questions of whether the act or decision has been arbitrary, capricious or lacking substantial evidentiary support or whether the agency has failed to proceed in a manner required by law.

       (6) In addition to the provisions of paragraph (5) relating to judicial inquiry:

       (A) When adopting or amending a regional plan, the agency shall act in accordance with the requirements of the compact and the implementing ordinances, rules and regulations, and a party challenging the regional plan has the burden of showing that the regional plan is not in conformance with those requirements.

       (B) When taking an action or making a decision, the agency shall act in accordance with the requirements of the compact and the regional plan, including the implementing ordinances, rules and regulations, and a party challenging the action or decision has the burden of showing that the act or decision is not in conformance with those requirements.

       (7) The provisions of this subdivision do not apply to any legal proceeding pending on the date when this subdivision becomes effective. Any such legal proceeding shall be conducted and concluded under the provisions of law which were applicable prior to the effective date of this subdivision.

       (8) The security required for the issuance of a temporary restraining order or preliminary injunction based upon an alleged violation of this compact or any ordinance, plan, rule or regulation adopted pursuant thereto is governed by the rule or statute applicable to the court in which the action is brought, unless the action is brought by a public agency or political subdivision to enforce its own rules, regulations and ordinances in which case no security shall be required.

       (k) The agency shall monitor activities in the region and may bring enforcement actions in the region to ensure compliance with the regional plan and adopted ordinances, rules, regulations and policies.

 


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If it is found that the regional plan, or ordinances, rules, regulations and policies are not being enforced by a local jurisdiction, the agency may bring action in a court of competent jurisdiction to ensure compliance.

       (l) Any person who violates any provision of this compact or of any ordinance or regulation of the agency or of any condition of approval imposed by the agency is subject to a civil penalty not to exceed $5,000. Any such person is subject to an additional civil penalty not to exceed $5,000 per day, for each day on which such a violation persists. In imposing the penalties authorized by this subdivision, the court shall consider the nature of the violation and shall impose a greater penalty if it was willful or resulted from gross negligence than if it resulted from inadvertence or simple negligence.

       (m) The agency is hereby empowered to initiate, negotiate and participate in contracts and agreements among the local governmental authorities of the region, or any other intergovernmental contracts or agreements authorized by state or federal law.

       (n) Each intergovernmental contract or agreement shall provide for its own funding and staffing, but this shall not preclude financial contributions from the local authorities concerned or from supplementary sources.

       (o) Every record of the agency, whether public or not, shall be open for examination to the Legislature and Controller of the State of California and the legislative auditor of the State of Nevada.

       (p) Approval by the agency of any project expires 3 years after the date of final action by the agency or the effective date of the amendments to this compact, whichever is later, unless construction is begun within that time and diligently pursued thereafter, or the use or activity has commenced. In computing the 3-year period any period of time during which the project is the subject of a legal action which delays or renders impossible the diligent pursuit of that project shall not be counted. Any license, permit or certificate issued by the agency which has an expiration date shall be extended by that period of time during which the project is the subject of such legal action as provided in this subdivision.

       (q) The governing body shall maintain a current list of real property known to be available for exchange with the United States or with other owners of real property in order to facilitate exchanges of real property by owners of real property in the region.

 

ARTICLE VII. Environmental Impact Statements

 

       (a) The Tahoe Regional Planning Agency when acting upon matters that have a significant effect on the environment shall:

       (1) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man’s environment;

       (2) Prepare and consider a detailed environmental impact statement before deciding to approve or carry out any project. The detailed environmental impact statement shall include the following:

 


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       (A) The significant environmental impacts of the proposed project;

       (B) Any significant adverse environmental effects which cannot be avoided should the project be implemented;

       (C) Alternatives to the proposed project;

       (D) Mitigation measures which must be implemented to assure meeting standards of the region;

       (E) The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity;

       (F) Any significant irreversible and irretrievable commitments of resources which would be involved in the proposed project should it be implemented; and

       (G) The growth-inducing impact of the proposed project;

       (3) Study, develop and describe appropriate alternatives to recommended courses of action for any project which involves unresolved conflicts concerning alternative uses of available resources;

       (4) Make available to states, counties, municipalities, institutions and individuals, advice and information useful in restoring, maintaining and enhancing the quality of the region’s environment; and

       (5) Initiate and utilize ecological information in the planning and development of resource-oriented projects.

       (b) Prior to completing an environmental impact statement, the agency shall consult with and obtain the comments of any federal, state or local agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, state and local agencies which are authorized to develop and enforce environmental standards shall be made available to the public and shall accompany the project through the review processes. The public shall be consulted during the environmental impact statement process and views shall be solicited during a public comment period not to be less than 60 days.

       (c) Any environmental impact statement required pursuant to this article need not repeat in its entirety any information or data which is relevant to such a statement and is a matter of public record or is generally available to the public, such as information contained in an environmental impact report prepared pursuant to the California Environmental Quality Act or a federal environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969. However, such information or data shall be briefly described in the environmental impact statement and its relationship to the environmental impact statement shall be indicated.

       In addition, any person may submit information relative to a proposed project which may be included, in whole or in part, in any environmental impact statement required by this article.

       (d) In addition to the written findings specified by agency ordinance to implement the regional plan, the agency shall make either of the following written findings before approving a project for which an environmental impact statement was prepared:

 


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either of the following written findings before approving a project for which an environmental impact statement was prepared:

       (1) Changes or alterations have been required in or incorporated into such project which avoid or reduce the significant adverse environmental effects to a less than significant level; or

       (2) Specific considerations, such as economic, social or technical, make infeasible the mitigation measures or project alternatives discussed in the environmental impact statement on the project.

Ê A separate written finding shall be made for each significant effect identified in the environmental impact statement on the project. All written findings must be supported by substantial evidence in the record.

       (e) The agency may charge and collect a reasonable fee from any person proposing a project subject to the provisions of this compact in order to recover the estimated costs incurred by the agency in preparing an environmental impact statement under this article.

       (f) The agency shall adopt by ordinance a list of classes of projects which the agency has determined will not have a significant effect on the environment and therefore will be exempt from the requirement for the preparation of an environmental impact statement under this article. Prior to adopting the list, the agency shall make a written finding supported by substantial evidence in the record that each class of projects will not have a significant effect on the environment.

 

ARTICLE VIII. Finances

 

       (a) On or before September 30 of each calendar year the agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of the following year. The agency shall apportion $75,000 of this amount among the counties within the region on the same ratio to the total sum required as the full cash valuation of taxable property within the region in each county bears to the total full cash valuation of taxable property within the region. In addition, each county within the region in California shall pay $18,750 to the agency and each county within the region in Nevada, including Carson City, shall pay $12,500 to the agency, from any funds available therefor. The State of California and the State of Nevada may pay to the agency by July 1 of each year any additional sums necessary to support the operations of the agency pursuant to this compact. If additional funds are required, the agency shall make a request for the funds to the states of California and Nevada. Requests for state funds must be apportioned two-thirds from California and one-third from Nevada. Money appropriated shall be paid within 30 days.

       (b) The agency may fix and collect reasonable fees for any services rendered by it.

       (c) The agency shall submit an itemized budget to the states for review with any request for state funds, shall be strictly accountable to any county in the region and the states for all funds paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

 


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paid by them to the agency and shall be strictly accountable to all participating bodies for all receipts and disbursement.

       (d) The agency is authorized to receive gifts, donations, subventions, grants, and other financial aids and funds; but the agency may not own land except as provided in subdivision (i) of Article III.

       (e) The agency shall not obligate itself beyond the moneys due under this article for its support from the several counties and the states for the current fiscal year, plus any moneys on hand or irrevocably pledged to its support from other sources. No obligation contracted by the agency shall bind either of the party states or any political subdivision thereof.

 

ARTICLE IX. Transportation District

 

       (a) The Tahoe transportation district is hereby established as a special purpose district. The boundaries of the district are coterminous with those of the region.

       (b) The business of the district shall be managed by a board of directors consisting of:

       (1) One member of the county board of supervisors of each of the counties of El Dorado and Placer;

       (2) One member of the city council of the City of South Lake Tahoe;

       (3) One member each of the board of county commissioners of Douglas County and of Washoe County;

       (4) One member of the board of supervisors of Carson City;

       (5) The director of the California Department of Transportation; and

       (6) The director of the department of transportation of the State of Nevada.

Ê Any director may designate an alternate.

       (c) The vote of at least five of the directors must agree to take action. If at least five votes in favor of an action are not cast, an action of rejection shall be deemed to have been taken.

       (d) The Tahoe transportation district may in accordance with the adopted transportation plan:

       (1) Own and operate a public transportation system to the exclusion of all other publicly owned transportation systems in the region.

       (2) Acquire upon mutually agreeable terms any public transportation system or facility owned by a county, city or special purpose district within the region.

       (3) Hire the employees of existing public transportation systems that are acquired by the district without loss of benefits to the employees, bargain collectively with employee organizations, and extend pension and other collateral benefits to employees.

       (4) Fix the rates and charges for transit services provided pursuant to this subdivision.

       (5) Issue revenue bonds and other evidence of indebtedness.

 


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       (6) By resolution, determine and propose for adoption a tax for the purpose of obtaining services of the district. The tax proposed must be general and of uniform operation throughout the region, and may not be graduated in any way. The district is prohibited from imposing an ad valorem tax, a tax measured by gross or net receipts on business, a tax or charge that is assessed against people or vehicles as they enter or leave the region, and any tax, direct or indirect, on gaming tables and devices. Any such proposition must be submitted to the voters of the district and shall become effective upon approval of two-thirds of the voters voting on the proposition. The revenues from any such tax must be used for the service for which it was imposed, and for no other purpose.

       (7) Provide service from inside the region to convenient airport, railroad and interstate bus terminals without regard to the boundaries of the region.

       (e) The legislatures of the states of California and Nevada may, by substantively identical enactments, amend this article.

 

ARTICLE X. Miscellaneous

 

       (a) It is intended that the provisions of this compact shall be reasonably and liberally construed to effectuate the purposes thereof. Except as provided in subdivision (c), the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining state and in full force and effect as to the state affected as to all severable matters.

       (b) The agency shall have such additional powers and duties as may hereafter be delegated or imposed upon it from time to time by the action of the Legislature of either state concurred in by the Legislature of the other.

       (c) A state party to this compact may withdraw therefrom by enacting a statute repealing the compact. Notice of withdrawal shall be communicated officially and in writing to the Governor of the other state and to the agency administrators. This provision is not severable, and if it is held to be unconstitutional or invalid, no other provision of this compact shall be binding upon the State of Nevada or the State of California.

       (d) No provision of this compact shall have any effect upon the allocation, distribution or storage of interstate waters or upon any appropriative water right.

      Sec. 3.  Section 18 of chapter 530, Statutes of Nevada 2011, at page 3740, is hereby amended to read as follows:

       Sec. 18.  [1.  NRS 244.153, 266.263, 267.123, 268.099, 269.123, 277.190, 277.200, 277.210, 277.215, 278.025, 278.826, 309.385 and 318.103 are hereby repealed.

 


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       2.]  Sections 1 and 2 of chapter 442, Statutes of Nevada 1985, at pages 1257 and 1258, respectively, and sections 2 and 3 of chapter 311, Statutes of Nevada 1997, at pages 1147 and 1169, respectively, are hereby repealed.

       [3.  NRS 277.220 is repealed effective upon:

       (a) Payment of all of the outstanding obligations of the Account for the Tahoe Regional Planning Agency created by NRS 277.220; and

       (b) Transfer of the remaining balance, if any, in the Account for the Tahoe Regional Planning Agency to the Account for the Nevada Tahoe Regional Planning Agency created by section 3 of this act, as required by section 21 of this act.]

      Sec. 4. Section 25 of chapter 530, Statutes of Nevada 2011, at page 3743, is hereby amended to read as follows:

       Sec. 25.  1.  This section , [and] sections [17.3,] 17.3, 17.7, 18, 22.5 [,] and 23 [and 23.5] of this act become effective upon passage and approval.

       2.  Section 22.5 of this act expires by limitation on January 1, 2013.

       3.  Section 1.5 of this act becomes effective upon proclamation by the Governor of this State of:

       (a)The enactment by the State of California of amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act; and

       (b) The approval of the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act pursuant to Public Law 96-551.

       [4.  Except as otherwise provided in subsection 5, sections 1, 2 to 22, inclusive, and 24 of this act become effective on October 1, 2015, unless, by that date, all of the following events have occurred:

       (a) The State of California has enacted amendments that are substantially identical to the amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act;

       (b) The amendments to the Tahoe Regional Planning Compact contained in section 1.5 of this act have been approved pursuant to Public Law 96-551; and

       (c) The governing board of the Tahoe Regional Planning Agency has adopted an update to the 1987 Regional Plan.

       5.  In the event that the Governor of this State issues a proclamation pursuant to section 23.5 of this act, sections 1, 2 to 22, inclusive, and 24 of this act become effective on October 1, 2017.]

      Sec. 5. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 19.5, 20, 21, 22, 23.5 and 24 of chapter 530, Statutes of Nevada 2011, at pages 3711 to 3743, inclusive, are hereby repealed.

      Sec. 6.  The State of Nevada hereby:

      1.  Agrees to cooperate with the State of California in seeking to have the changes to the Tahoe Regional Planning Compact contained in section 1.5 of chapter 530, Statutes of Nevada 2011, at page 3711, as amended by section 2 of this act, approved by Congress;

 


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      2.  Finds and declares support for the full implementation of the regional plan update adopted by the Tahoe Regional Planning Agency in December of 2012; and

      3.  Acknowledges the authority of either the State of California or the State of Nevada to withdraw from the Tahoe Regional Planning Compact pursuant to subdivision (c) of Article X of the Compact or pursuant to any other provision of the laws of each respective State.

      Sec. 7.  If the State of California enacts legislation that is effective on or before January 1, 2014, which:

      1.  Adopts amendments to the Tahoe Regional Planning Compact that are substantially identical to the amendments contained in section 1.5 of chapter 530, Statutes of Nevada 2011, at page 3711, as amended by section 2 of this act;

      2.  Agrees to cooperate with the State of Nevada in seeking to have the changes to the Tahoe Regional Planning Compact contained in section 1.5 of chapter 530, Statutes of Nevada 2011, at page 3711, as amended by section 2 of this act, approved by Congress;

      3.  Adopts amendments to the Tahoe Regional Planning Compact substantially identical to the amendments contained in NRS 277.200, as amended by section 1 of this act;

      4.  Finds and declares support for the full implementation of the regional plan update adopted by the Tahoe Regional Planning Agency in December of 2012; and

      5.  Acknowledges the authority of either the State of California or the State of Nevada to withdraw from the Tahoe Regional Planning Compact pursuant to subdivision (c) of Article X of the Compact or pursuant to any other provision of the laws of each respective State,

Ê the Governor of the State of Nevada shall issue a proclamation to that effect.

      Sec. 8.  The Secretary of State shall transmit:

      1.  A certified copy of this act to:

      (a) The Governor of the State of California; and

      (b) The governing body of the Tahoe Regional Planning Agency.

      2.  Two certified copies of this act to the Secretary of State of California for delivery to the respective Houses of its Legislature.

      Sec. 9.  1.  This section and sections 2, 6, 7 and 8 of this act become effective upon passage and approval.

      2.  Sections 1, 3, 4 and 5 of this act become effective on January 1, 2014, if the Governor of this State issues the proclamation described in section 7 of this act on or before that date.

      3.  If the Governor of this State does not issue a proclamation pursuant to section 7 of this act on or before January 1, 2014, this act expires by limitation on January 2, 2014.

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