[Rev. 10/24/2013 8:09:17 PM--2013]

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CHAPTER 425, AB 48

Assembly Bill No. 48–Committee on Legislative Operations and Elections

 

CHAPTER 425

 

[Approved: June 6, 2013]

 

AN ACT relating to elections; providing that a person who is not a qualified elector and who votes or attempts to vote knowing that fact, or a person who votes or attempts to vote using the name of another person, is guilty of a category D felony; revising certain nomination procedures; requiring county clerks to certify certain lists of candidates and nominees to the Secretary of State; extending the period in which a person may register to vote by computer; making various other changes relating to the administration and conduct of an election; expanding the definition of “campaign expenses”; amending reporting requirements relating to special elections; requiring persons and entities which make expenditures against candidates to report contributions and expenditures; eliminating a requirement that the Secretary of State obtain certain advice and consent of the Legislative Commission; making various other changes relating to campaign finance; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Section 1 of this bill provides that a person is guilty of a category D felony if the person: (1) is not a qualified elector and votes or attempts to vote knowing that fact; or (2) votes or attempts to vote using the name of another person.

      Section 2 of this bill provides that if a vacancy occurs in a nomination for a nonpartisan office during a certain period, a person may become a candidate for the nonpartisan office by filing a declaration or acceptance of candidacy during a certain period.

      Sections 3 and 55 of this bill change, from the first Tuesday in September to the last Tuesday in August before a general election, the deadline by which a minor political party that wishes to place candidates for President and Vice President on the ballot must file a certificate of nomination with the Secretary of State.

      Section 4 of this bill provides that provisions relating to the nomination of candidates apply to a special election to fill a vacancy, subject to certain exceptions.

      Sections 5 and 6 of this bill require county clerks to certify to the Secretary of State lists of candidates who have filed candidacy papers with the county clerks and of candidates who are nominated for office at primary elections.

      Section 7 of this bill clarifies that an independent candidate for partisan office must file a copy of his or her petition of candidacy before the petition may be circulated for signatures.

      Section 8 of this bill changes the date by which permanent regulations of the Secretary of State must be effective in order to govern an election from the December 31 immediately preceding the election to the last business day of February immediately preceding the election.

      Section 9 of this bill provides that certain persons who register to vote by mail or computer must provide, under certain circumstances, certain proof of residency before voting.

      Under existing law, for the period beginning on the fifth Sunday preceding a primary or general election and ending on the third Tuesday preceding the primary or general election, a person may only register to vote in person. (NRS 293.560) Section 12 of this bill allows a person to register to vote by computer during that period.

 


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      Section 14 of this bill defines a “committee sponsored by a political party” for purposes of provisions relating to campaign practices.

      Sections 15, 17, 20, 22-41, 43-49, 51, 53, 54 and 56 of this bill clarify reporting requirements related to campaign finance.

      Existing law requires a person who is not under the direction or control of a candidate or candidate group or of a person involved in the campaign of the candidate or candidate group and who makes an expenditure on behalf of the candidate or candidate group to report to the Secretary of State all contributions to and expenditures made by the person in excess of $100. (NRS 294A.140, 294A.210) Sections 30 and 34 of this bill clarify that such a person is making an independent expenditure. Sections 30 and 34 also raise the threshold for expenditures and contributions that must be reported from $100 to $1,000. Section 16 of this bill defines the term “independent expenditure.”

      Sections 21 and 45 of this bill provide that fees for filing declarations or acceptances of candidacy, repayments or forgiveness of loans and the disposal of unspent contributions are considered, and must be reported by candidates as, campaign expenses.

      Sections 18, 20, 22, 26, 30-38 and 41 of this bill provide that reporting requirements related to campaign finance are the same for a general election, a primary election and a special election that is held on the same day as a primary or general election.

      Section 47 of this bill removes the requirement that the Secretary of State obtain the advice and consent of the Legislative Commission before making a copy of, or access to, the contribution, expenditure and campaign expense forms designed by the Secretary of State available to a candidate, person, committee, political party or nonprofit corporation.

      Section 52 of this bill amends the required content and due date of the compilation prepared by the Secretary of State of contribution and campaign expense reports.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 293 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who is not a qualified elector and who votes or attempts to vote knowing that he or she is not a qualified elector is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  A person who votes or attempts to vote using the name of another person is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      Sec. 2. NRS 293.165 is hereby amended to read as follows:

      293.165  1.  Except as otherwise provided in NRS 293.166, a vacancy occurring in a major or minor political party nomination for a partisan office may be filled by a candidate designated by the party central committee of the county or State, as the case may be, of the major political party or by the executive committee of the minor political party subject to the provisions of subsections [4] 3 and [5.] 4.

      2.  A vacancy occurring in a nonpartisan office or nomination for a nonpartisan office after the close of filing and [on or] before 5 p.m. of the [second Tuesday in April must be filled by filing a nominating petition that is signed by registered voters of the State, county, district or municipality who may vote for the office in question. The number of registered voters who sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election.

 


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sign the petition must not be less than 1 percent of the number of persons who voted for the office in question in the State, county, district or municipality at the last preceding general election. The petition must be filed not earlier than the first Tuesday in March and not later than the fourth Tuesday in April. The petition may consist of more than one document. Each document must bear the name of one county and must be signed only by a person who is a registered voter of that county and who may vote for the office in question. Each document of the petition must be submitted for verification pursuant to NRS 293.1276 to 293.1279, inclusive, to the county clerk of the county named on the document. A candidate nominated pursuant to the provisions of this subsection:

      (a) Must file a declaration of candidacy or acceptance of candidacy and pay the statutory filing fee on or before the date the petition is filed; and

      (b) May be elected only at a general election, and the candidate’s name must not appear on the ballot for a primary election.

      3.  A vacancy occurring in a nonpartisan nomination after 5 p.m. of the second Tuesday in April and on or before 5 p.m. on the] fourth Friday in June of the year in which the general election is held must be filled by the person who receives or received the next highest vote for the nomination in the primary [.] election if a primary election was held for that nonpartisan office. If no primary election was held for that nonpartisan office or if there was not more than one person who was seeking the nonpartisan nomination in the primary election,

      [4.]a person may become a candidate for the nonpartisan office at the general election if the person files a declaration of candidacy or acceptance of candidacy, and pays the fee required by NRS 293.193, on or after 8 a.m. on the third Monday in June and before 5 p.m. on the fourth Friday in June.

      3.  No change may be made on the ballot for the general election after 5 p.m. on the fourth Friday in June of the year in which the general election is held. If [a] , after that time and date:

      (a) A nominee for a nonpartisan office dies [after that time and date,] ; or

      (b) A vacancy in the nomination is otherwise created,

Ê the nominee’s name must remain on the ballot for the general election and, if elected, a vacancy exists.

      [5.]4.  All designations provided for in this section must be filed on or before 5 p.m. on the fourth Friday in June of the year in which the general election is held. In each case, the statutory filing fee must be paid and an acceptance of the designation must be filed on or before 5 p.m. on the date the designation is filed.

      Sec. 3. NRS 293.1725 is hereby amended to read as follows:

      293.1725  1.  Except as otherwise provided in subsection 4, a minor political party that wishes to place its candidates for partisan office on the ballot for a general election and:

      (a) Is entitled to do so pursuant to paragraph (a) or (b) of subsection 2 of NRS 293.1715; or

      (b) Files or will file a petition pursuant to paragraph (c) of subsection 2 of NRS 293.1715,

Ê must file with the Secretary of State a list of its candidates for partisan office not earlier than the first Monday in March preceding the election nor later than 5 p.m. on the second Friday after the first Monday in March. The list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments.

 


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list must be signed by the person so authorized in the certificate of existence of the minor political party before a notary public or other person authorized to take acknowledgments. The list may be amended not later than 5 p.m. on the second Friday after the first Monday in March.

      2.  The Secretary of State shall immediately forward a certified copy of the list of candidates for partisan office of each minor political party to the filing officer with whom each candidate must file his or her declaration of candidacy.

      3.  Each candidate on the list must file his or her declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the date on which the list of candidates for partisan office of the minor political party is filed with the Secretary of State nor later than 5 p.m. on the second Friday after the first Monday in March.

      4.  A minor political party that wishes to place candidates for the offices of President and Vice President of the United States on the ballot and has qualified to place the names of its candidates for partisan office on the ballot for the general election pursuant to subsection 2 of NRS 293.1715 must file with the Secretary of State a certificate of nomination for these offices not later than the [first] last Tuesday in [September.] August.

      Sec. 4. NRS 293.175 is hereby amended to read as follows:

      293.175  1.  The primary election must be held on the second Tuesday in June of each even-numbered year.

      2.  Candidates for partisan office of a major political party and candidates for nonpartisan office must be nominated at the primary election.

      3.  Candidates for partisan office of a minor political party must be nominated in the manner prescribed pursuant to NRS 293.171 to 293.174, inclusive.

      4.  Independent candidates for partisan office must be nominated in the manner provided in NRS 293.200.

      5.  The provisions of NRS 293.175 to 293.203, inclusive [, do not apply to:

      (a) Special elections] :

      (a) Apply to a special election to fill [vacancies.] a vacancy, except to the extent that compliance with the provisions is not possible because of the time at which the vacancy occurred.

      (b) [The] Do not apply to the nomination of the officers of incorporated cities.

      (c) [The] Do not apply to the nomination of district officers whose nomination is otherwise provided for by statute.

      Sec. 5. NRS 293.187 is hereby amended to read as follows:

      293.187  1.  Not later than 5 working days after the last day on which any candidate may withdraw his or her candidacy pursuant to NRS 293.202:

      (a) The Secretary of State shall forward to each county clerk a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the Office of the Secretary of State, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he or she represents [. The Secretary of State shall forward the certified list not later than 5 working days after the last day upon which any candidate on the list may withdraw his or her candidacy pursuant to NRS 293.202.] ; and

 


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      (b) Each county clerk shall forward to the Secretary of State a certified list containing the name and mailing address of each person for whom candidacy papers have been filed in the office of the county clerk, and who is entitled to be voted for in the county at the next succeeding primary election, together with the title of the office for which the person is a candidate and the party or principles he or she represents.

      2.  There must be a party designation only for candidates for partisan offices.

      Sec. 6. NRS 293.190 is hereby amended to read as follows:

      293.190  [Immediately following] Not later than 15 days after the primary election at which candidates are nominated for any public office [, the] :

      1.  The Secretary of State shall certify to each county clerk the name of each person nominated and the title of the office for which he or she is nominated for all candidates required to file declarations, certificates and acceptances of candidacies in the Office of the Secretary of State [.] ; and

      2.  Each county clerk shall certify to the Secretary of State the name of each person nominated and the title of the office for which he or she is nominated for all candidates required to file declarations, certificates and acceptances of candidacies in the office of the county clerk.

      Sec. 7. NRS 293.200 is hereby amended to read as follows:

      293.200  1.  An independent candidate for partisan office must file with the appropriate filing officer [:] as set forth in NRS 293.185:

      (a) A copy of the petition of candidacy that he or she intends to subsequently circulate for signatures. The copy must be filed not earlier than the January 2 preceding the date of the election and not later than 25 working days before the last day to file the petition pursuant to subsection 4. The copy of the petition must be filed with the appropriate filing officer before the petition may be circulated for signatures.

      (b) Either of the following:

             (1) A petition of candidacy signed by a number of registered voters equal to at least 1 percent of the total number of ballots cast in:

                   (I) This State for that office at the last preceding general election in which a person was elected to that office, if the office is a statewide office;

                   (II) The county for that office at the last preceding general election in which a person was elected to that office, if the office is a county office; or

                   (III) The district for that office at the last preceding general election in which a person was elected to that office, if the office is a district office.

             (2) A petition of candidacy signed by 250 registered voters if the candidate is a candidate for statewide office, or signed by 100 registered voters if the candidate is a candidate for any office other than a statewide office.

      2.  The petition may consist of more than one document. Each document must bear the name of the county in which it was circulated, and only registered voters of that county may sign the document. If the office is not a statewide office, only the registered voters of the county, district or municipality in question may sign the document. The documents that are circulated for signature in a county must be submitted to that county clerk for verification in the manner prescribed in NRS 293.1276 to 293.1279, inclusive, not later than 25 working days before the last day to file the petition pursuant to subsection 4.

 


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petition pursuant to subsection 4. Each person who signs the petition shall add to his or her signature the address of the place at which the person actually resides, the date that he or she signs the petition and the name of the county where he or she is registered to vote. The person who circulates each document of the petition shall sign an affidavit attesting that the signatures on the document are genuine to the best of his or her knowledge and belief and were signed in his or her presence by persons registered to vote in that county.

      3.  The petition of candidacy may state the principle, if any, which the person qualified represents.

      4.  Petitions of candidacy must be filed not earlier than the first Monday in March preceding the general election and not later than 5 p.m. on the second Friday after the first Monday in March.

      5.  No petition of candidacy may contain the name of more than one candidate for each office to be filled.

      6.  A person may not file as an independent candidate if he or she is proposing to run as the candidate of a political party.

      7.  The names of independent candidates must be placed on the general election ballot and must not appear on the primary election ballot.

      8.  If the candidacy of any person seeking to qualify pursuant to this section is challenged, all affidavits and documents in support of the challenge must be filed not later than 5 p.m. on the fourth Monday in March. Any judicial proceeding resulting from the challenge must be set for hearing not more than 5 days after the fourth Monday in March.

      9.  Any challenge pursuant to subsection 8 must be filed with:

      (a) The First Judicial District Court if the petition of candidacy was filed with the Secretary of State.

      (b) The district court for the county where the petition of candidacy was filed if the petition was filed with a county clerk.

      10.  An independent candidate for partisan office must file a declaration of candidacy with the appropriate filing officer and pay the fee required by NRS 293.193 not earlier than the first Monday in March of the year in which the election is held nor later than 5 p.m. on the second Friday after the first Monday in March.

      Sec. 8. NRS 293.247 is hereby amended to read as follows:

      293.247  1.  The Secretary of State shall adopt regulations, not inconsistent with the election laws of this State, for the conduct of primary, general, special and district elections in all cities and counties. Permanent regulations of the Secretary of State that regulate the conduct of a primary, general, special or district election [that] and are effective on or before [December 31 of the year] the last business day of February immediately preceding a primary, general, special or district election govern the conduct of that election.

      2.  The Secretary of State shall prescribe the forms for a declaration of candidacy, certificate of candidacy, acceptance of candidacy and any petition which is filed pursuant to the general election laws of this State.

      3.  The regulations must prescribe:

      (a) The duties of election boards;

      (b) The type and amount of election supplies;

      (c) The manner of printing ballots and the number of ballots to be distributed to precincts and districts;

 


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      (d) The method to be used in distributing ballots to precincts and districts;

      (e) The method of inspection and the disposition of ballot boxes;

      (f) The form and placement of instructions to voters;

      (g) The recess periods for election boards;

      (h) The size, lighting and placement of voting booths;

      (i) The amount and placement of guardrails and other furniture and equipment at voting places;

      (j) The disposition of election returns;

      (k) The procedures to be used for canvasses, ties, recounts and contests, including, without limitation, the appropriate use of a paper record created when a voter casts a ballot on a mechanical voting system that directly records the votes electronically;

      (l) The procedures to be used to ensure the security of the ballots from the time they are transferred from the polling place until they are stored pursuant to the provisions of NRS 293.391 or 293C.390;

      (m) The procedures to be used to ensure the security and accuracy of computer programs and tapes used for elections;

      (n) The procedures to be used for the testing, use and auditing of a mechanical voting system which directly records the votes electronically and which creates a paper record when a voter casts a ballot on the system;

      (o) The procedures to be used for the disposition of absent ballots in case of an emergency;

      (p) The acceptable standards for the sending and receiving of applications, forms and ballots, by approved electronic transmission, by the county clerks and the electors or registered voters who are authorized to use approved electronic transmission pursuant to the provisions of this title;

      (q) The forms for applications to register to vote and any other forms necessary for the administration of this title; and

      (r) Such other matters as determined necessary by the Secretary of State.

      4.  The Secretary of State may provide interpretations and take other actions necessary for the effective administration of the statutes and regulations governing the conduct of primary, general, special and district elections in this State.

      5.  The Secretary of State shall prepare and distribute to each county and city clerk copies of:

      (a) Laws and regulations concerning elections in this State;

      (b) Interpretations issued by the Secretary of State’s Office; and

      (c) Any Attorney General’s opinions or any state or federal court decisions which affect state election laws or regulations whenever any of those opinions or decisions become known to the Secretary of State.

      Sec. 9.  NRS 293.2725 is hereby amended to read as follows:

      293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers by mail or computer to vote in this State and who has not previously voted in an election for federal office in this State:

      (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

             (1) A current and valid photo identification of the person, which shows his or her physical address; or

 


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             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517; and

      (b) May vote by mail only if the person provides to the county or city clerk:

             (1) A copy of a current and valid photo identification of the person, which shows his or her physical address; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517.

Ê If there is a question as to the physical address of the person, the election board officer or clerk may request additional information.

      2.  The provisions of [this section] subsection 1 do not apply to a person who:

      (a) Registers to vote by mail and submits with an application to register to vote:

             (1) A copy of a current and valid photo identification; or

             (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517;

      (b) [Registers] Except as otherwise provided in subsection 3, registers to vote by mail or computer and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

      (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;

      (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or

      (e) Is entitled to vote otherwise than in person under any other federal law.

      3.  The provisions of subsection 1 apply to a person described in paragraph (b) of subsection 2 if the voter registration card issued to the person pursuant to subsection 6 of NRS 293.517 is mailed by the county clerk to the person and returned to the county clerk by the United States Postal Service.

      Sec. 10. NRS 293.368 is hereby amended to read as follows:

      293.368  1.  [Whenever] Except as otherwise provided in subsection 3 of NRS 293.165, if a candidate [whose name appears upon] on the ballot at a primary election dies after 5 p.m. of the second Tuesday in April, the deceased candidate’s name must remain on the ballot and the votes cast for the deceased candidate must be counted in determining the nomination for the office for which the decedent was a candidate.

      2.  If the deceased candidate on the ballot at the primary election receives the number of votes required to receive the nomination to the office for which he or she was a candidate, except as otherwise provided in subsection [3] 2 of NRS 293.165, the deceased candidate shall be deemed nominated and the vacancy in the nomination must be filled as provided in NRS 293.165 or 293.166.

 


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nominated and the vacancy in the nomination must be filled as provided in NRS 293.165 or 293.166. If the deceased person was a candidate for a nonpartisan office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.

      3.  Whenever a candidate whose name appears upon the ballot at a general election dies after 5 p.m. on the fourth Friday in June of the year in which the general election is held, the votes cast for the deceased candidate must be counted in determining the results of the election for the office for which the decedent was a candidate.

      4.  If the deceased candidate on the ballot at the general election receives the majority of the votes cast for the office, the deceased candidate shall be deemed elected and the office to which he or she was elected shall be deemed vacant at the beginning of the term for which he or she was elected. The vacancy thus created must be filled in the same manner as if the candidate had died after taking office for that term.

      Sec. 11. NRS 293.4687 is hereby amended to read as follows:

      293.4687  1.  The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:

      (a) The Voters’ Bill of Rights required to be posted on the Secretary of State’s Internet website pursuant to the provisions of NRS 293.2549;

      (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388;

      (c) A current list of the registered voters in this State that also indicates the petition district in which each registered voter resides;

      (d) A map or maps indicating the boundaries of each petition district; and

      (e) All reports [on campaign contributions and expenditures] submitted to the Secretary of State pursuant to the provisions of chapter 294A of NRS . [294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and all reports on contributions received by and expenditures made from a legal defense fund submitted to the Secretary of State pursuant to NRS 294A.286.]

      2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

      3.  If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

      Sec. 12. NRS 293.560 is hereby amended to read as follows:

      293.560  1.  Except as otherwise provided in NRS 293.502, 293D.230 and 293D.300, registration must close on the third Tuesday preceding any primary or general election and on the third Saturday preceding any recall or special election, except that if a recall or special election is held on the same day as a primary or general election, registration must close on the third Tuesday preceding the day of the elections.

      2.  For a primary or special election, the office of the county clerk must be open until 7 p.m. during the last 2 days on which registration is open. In a county whose population is less than 100,000, the office of the county clerk may close at 5 p.m.

 


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county whose population is less than 100,000, the office of the county clerk may close at 5 p.m. during the last 2 days before registration closes if approved by the board of county commissioners.

      3.  For a general election:

      (a) In a county whose population is less than 100,000, the office of the county clerk must be open until 7 p.m. during the last 2 days on which registration is open. The office of the county clerk may close at 5 p.m. if approved by the board of county commissioners.

      (b) In a county whose population is 100,000 or more, the office of the county clerk must be open during the last 4 days on which registration is open, according to the following schedule:

             (1) On weekdays until 9 p.m.; and

             (2) A minimum of 8 hours on Saturdays, Sundays and legal holidays.

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

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

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

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

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

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

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

      6.  For the period beginning on the fifth Sunday preceding any primary or general election and ending on the third Tuesday preceding any primary or general election, an elector may register to vote only [by] :

      (a) By appearing in person at the office of the county clerk or, if open, a county facility designated pursuant to NRS 293.5035 [.] ; or

      (b) By computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

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

      Sec. 12.5. NRS 293C.115 is hereby amended to read as follows:

      293C.115  1.  The governing body of a city incorporated pursuant to general law may by ordinance provide for a primary city election and a general city election on:

      (a) The dates set forth for primary elections and general elections pursuant to the provisions of chapter 293 of NRS; or

      (b) The dates set forth for primary city elections and general city elections pursuant to the provisions of this chapter.

      2.  If a governing body of a city adopts an ordinance pursuant to paragraph (a) of subsection 1, the dates set forth in NRS 293.12755, in subsections 2 to [5,] 4, inclusive, of NRS 293.165, and in NRS 293.175, 293.177, 293.345 and 293.368 apply for purposes of conducting the primary city elections and general city elections of the city.

 


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      3.  If a governing body of a city adopts an ordinance pursuant to subsection 1:

      (a) The term of office of any elected city official may not be shortened as a result of the ordinance; and

      (b) Each elected city official holds office until the end of his or her term and until his or her successor has been elected and qualified.

      Sec. 13. Chapter 294A of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 18, inclusive, of this act.

      Sec. 14. “Committee sponsored by a political party” means any committee, group or organization that is officially affiliated with a political party and:

      1.  Makes or intends to make contributions to candidates or other persons; or

      2.  Makes or intends to make expenditures.

      Sec. 15. “General election” includes:

      1.  A general election, as defined in NRS 293.060; and

      2.  A general city election, as defined in NRS 293.059.

      Sec. 16. “Independent expenditure” means an expenditure which is made by a person who is not under the direction or control of a candidate for office, of a group of such candidates or of any person involved in the campaign of a candidate or group and which is made for or against a candidate or group and is not solicited or approved by a candidate or group.

      Sec. 17.  “Primary election” includes:

      1.  A primary election, as defined in NRS 293.080; and

      2.  A primary city election, as defined in NRS 293.079.

      Sec. 18. If a special election is held on the same day as a primary election or general election, any candidate, person, committee, political party or nonprofit corporation that is otherwise required to file a report with the Secretary of State pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 shall, in lieu of complying with the requirements of those sections relating to a special election, comply with the requirements of those sections relating to the primary election or general election, as applicable, except that:

      1.  A candidate, person, committee, political party or nonprofit corporation is not required to file a report pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 that was due on or before the date on which the call for the special election was issued; and

      2.  If the special election is held on the same day as a primary election, the final report for the special election that is required pursuant to NRS 294A.120, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220 or 294A.362 is due on or before the 15th day of the second month after the primary election.

      Sec. 19.  NRS 294A.002 is hereby amended to read as follows:

      294A.002  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 294A.0025 to 294A.009, inclusive, and sections 14 to 17, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 20. NRS 294A.0025 is hereby amended to read as follows:

      294A.0025  “Advocates expressly” or “expressly advocates” means that a communication, taken as a whole, is susceptible to no other reasonable interpretation other than as an appeal to vote for or against a clearly identified candidate or group of candidates or a question or group of questions on the ballot at a primary election, [primary city election,] general election [, general city election] or special election.

 


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interpretation other than as an appeal to vote for or against a clearly identified candidate or group of candidates or a question or group of questions on the ballot at a primary election, [primary city election,] general election [, general city election] or special election. A communication does not have to include the words “vote for,” “vote against,” “elect,” “support” or other similar language to be considered a communication that expressly advocates the passage or defeat of a candidate or a question.

      Sec. 21. NRS 294A.0035 is hereby amended to read as follows:

      294A.0035  “Campaign expenses” means:

      1.  All expenses incurred by a candidate for a campaign, including, without limitation:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund; [and]

      (j) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250 [.] ;

      (k) Fees for filing declarations of candidacy or acceptances of candidacy; and

      (l) Repayment or forgiveness of a loan.

      2.  Expenditures, as defined in NRS 294A.0075.

      3.  The disposal of any unspent contributions pursuant to NRS 294A.160.

      Sec. 22. NRS 294A.0055 is hereby amended to read as follows:

      294A.0055  1.  “Committee for political action” means any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:

      (a) Makes or intends to make contributions to candidates or other persons; or

      (b) Makes or intends to make expenditures,

Ê designed to affect the outcome of any primary election, [primary city election,] general election, [general city election,] special election or question on the ballot.

      2.  “Committee for political action” does not include:

      (a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.

      (b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.

      (c) An individual natural person.

      (d) An individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.

      (e) A labor union.

 


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      (f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as [campaign] contributions or expenditures by the candidate.

      (g) A committee for the recall of a public officer.

      Sec. 23. NRS 294A.007 is hereby amended to read as follows:

      294A.007  1.  “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:

      (a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:

             (1) Candidate;

             (2) Person who [is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who] makes an independent expenditure ; [on behalf of the candidate or group which is not solicited or approved by the candidate or group;] or

             (3) Committee for political action, political party or committee sponsored by a political party which makes an expenditure [on behalf of] for or against a candidate or group of candidates,

Ê without charge to the candidate, person, committee or political party.

      (b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.

      2.  As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services provided to a campaign.

      Sec. 24. NRS 294A.0075 is hereby amended to read as follows:

      294A.0075  “Expenditures” means:

      1.  [Those expenditures made] Money paid for advertising or communication on television, radio, billboards [,] or posters , [and] in newspapers [;] or other periodicals or by mail; and

      2.  All other [expenditures made,] money paid,

Ê to advocate expressly the election or defeat of a clearly identified candidate or group of candidates or the passage or defeat of a clearly identified question or group of questions on the ballot, including any payments made to a candidate or any person who is related to the candidate within the second degree of consanguinity or affinity.

      Sec. 25. NRS 294A.100 is hereby amended to read as follows:

      294A.100  1.  A person shall not make or commit to make a contribution or contributions to a candidate for any office, except a federal office, in an amount which exceeds $5,000 for the primary election , [or primary city election,] regardless of the number of candidates for the office, and $5,000 for the general election , [or general city election,] regardless of the number of candidates for the office, during the period:

      (a) Beginning from 30 days before the regular session of the Legislature immediately following the last general election for the office and ending 30 days before the regular session of the Legislature immediately following the next general election for the office, if that office is a state, district, county or township office; or

 


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      (b) Beginning from 30 days after the last election for the office and ending 30 days [before] after the next general city election for the office, if that office is a city office.

      2.  A candidate shall not accept a contribution or commitment to make a contribution made in violation of subsection 1.

      3.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      Sec. 26. NRS 294A.120 is hereby amended to read as follows:

      294A.120  1.  Every candidate for [state, district, county or township] office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:

      (a) Each [campaign] contribution in excess of $100 received during the period;

      (b) Contributions received during the period from a contributor which cumulatively exceed $100; and

      (c) The total of all contributions received during the period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b).

Ê The provisions of this subsection apply to the candidate beginning the year of the general election for that office through the year immediately preceding the next general election for that office.

      2.  Every candidate for [state, district, county or township] office at a primary election or general election shall, [if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1,] not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each [campaign] contribution described in subsection 1 received during the period. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

 


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      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each campaign contribution described in subsection 1 received during the period. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      4.]3.  Except as otherwise provided in [subsection] subsections 4 and 5 [,] and section 18 of this act, every candidate for [a district] office at a special election shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each [campaign] contribution described in subsection 1 received during the period. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      5.  Every]

      4.  Except as otherwise provided in subsection 5 and section 18 of this act, every candidate for [state, district, county, municipal or township] office at a special election to determine whether a public officer will be recalled shall [list each of the campaign contributions received on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:

      (a) The special election,] , not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through the 5 days before the beginning of early voting by personal appearance for the special election; [or]

      (b) [A] Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

 


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      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution described in subsection 1 received during the period.

      5.  If a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s [decision.

Ê A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.] order, report each contribution described in subsection 1 received during the period.

      6.  Except as otherwise provided in NRS 294A.3733, reports of campaign contributions must be filed electronically with the Secretary of State.

      7.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      8.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      Sec. 27. NRS 294A.125 is hereby amended to read as follows:

      294A.125  1.  In addition to complying with the requirements set forth in NRS 294A.120 [,] and 294A.200 , [and 294A.360,] a candidate who receives contributions in any year before the year in which the general election [or general city election] in which the candidate intends to seek election to public office is held shall, for:

      (a) The year in which the candidate receives contributions in excess of $10,000, list:

             (1) Each of the contributions received and the expenditures in excess of $100 made in that year; and

            (2) The total of all contributions received and expenditures which are $100 or less.

      (b) Each year after the year in which the candidate received contributions in excess of $10,000, until the year of the general election [or general city election] in which the candidate intends to seek election to public office is held, list:

             (1) Each of the contributions received and the expenditures in excess of $100 made in that year; and

             (2) The total of all contributions received and expenditures which are $100 or less.

      2.  [The reports required by subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

 


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      3.]  The name and address of the contributor and the date on which the contribution was received must be included on the list for each contribution in excess of $100 and contributions that a contributor has made cumulatively in excess of that amount.

      [4.]3.  Except as otherwise provided in NRS 294A.3733, the report must be filed electronically with the Secretary of State.

      [5.]4.  A report shall be deemed to be filed on the date it was received by the Secretary of State.

      Sec. 28. NRS 294A.128 is hereby amended to read as follows:

      294A.128  1.  In addition to complying with the requirements set forth in NRS 294A.120 [,] and 294A.200 , [and 294A.360,] a candidate who receives a loan which is guaranteed by a third party, forgiveness of a loan previously made to the candidate or a written commitment for a contribution shall, for the period covered by the report filed pursuant to NRS 294A.120 [,] or 294A.200 , [or 294A.360,] report:

      (a) If a loan received by the candidate was guaranteed by a third party, the amount of the loan and the name and address of each person who guaranteed the loan;

      (b) If a loan received by the candidate was forgiven by the person who made the loan, the amount that was forgiven and the name and address of the person who forgave the loan; and

      (c) If the candidate received a written commitment for a contribution, the amount committed to be contributed and the name and address of the person who made the written commitment.

      2.  [The reports required by subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      3.]  Except as otherwise provided in NRS 294A.3733, the reports required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.]

      Sec. 29. NRS 294A.130 is hereby amended to read as follows:

      294A.130  1.  Every candidate [for state, district, county, city or township office] shall, not later than 1 week after receiving minimum [campaign] contributions of $100, open and maintain a separate account in a financial institution for the deposit of any [campaign] contributions received. The candidate shall not commingle the money in the account with money collected for other purposes.

      2.  The candidate may close the separate account if the candidate:

      (a) Was a candidate in a special election, after that election;

      (b) Lost in the primary election, after the primary election; or

      (c) Won the primary election, after the general election,

Ê and as soon as all payments of money committed have been made.

      Sec. 30. NRS 294A.140 is hereby amended to read as follows:

      294A.140  1.  The provisions of this section apply to:

      (a) Every person who [is not under the direction or control of a candidate for office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who] makes an independent expenditure [on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every] in excess of $1,000; and

 


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expenditure [on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every] in excess of $1,000; and

      (b) Every committee for political action, political party and committee sponsored by a political party which receives contributions in excess of [$100] $1,000 or makes an expenditure [on behalf of such] for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply , [to the person, committee or political party,] for the period from January 1 of the previous year through December 31 of the previous year, report each [campaign] contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100.] $1,000. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election [or general city election] for that office through the year immediately preceding the next general election [or general city election] for that office.

      [2.]3.  Every person, committee [or] and political party described in subsection 1 [which makes an expenditure on behalf of the candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1,] shall, not later than:

      (a) Twenty-one days before the primary election [or primary city election] for that office, for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]

      (b) Four days before the primary election [or primary city election] for that office, for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]

      (c) Twenty-one days before the general election [or general city election] for that office, for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and

      (d) Four days before the general election [or general city election] for that office, for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]

Ê report each [campaign] contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.

 


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contribution in excess of $100 and contributions which a contributor has made cumulatively in excess of $100 since the beginning of the current reporting period.

      4.  Every person, committee or political party described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;

      (b) Four days before the primary election or primary city election for that office, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;

      (c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

      (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each campaign contribution in excess of $100 received during the period and contributions received during the period from a contributor which cumulatively exceed $100. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      5.]$1,000.

      4.  Except as otherwise provided in [subsection 6,] subsections 5 and 6 and section 18 of this act, every person, committee [or] and political party described in subsection 1 which makes an independent expenditure or other expenditure [on behalf of] , as applicable, for or against a candidate for office at a special election or [on behalf of] for or against a group of such candidates shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special [election for the office for which the candidate or a candidate in the group of candidates seeks] election, for the period from the nomination of the candidate through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each [campaign] contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100.

 


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contributor which cumulatively exceed [$100. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      6.  Every] $1,000.

      5.  Except as otherwise provided in subsection 6 and section 18 of this act, every person, committee [or] and political party described in subsection 1 which makes an independent expenditure or other expenditure [on behalf of] , as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or [on behalf of] for or against a group of candidates for offices at such special elections shall , not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the notice of intent to circulate a petition to recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election;

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution in excess of [$100] $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed [$100. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b)]$1,000.

      6.  If [the special election is not held because] a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and political party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of candidates for offices at such a special election shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s [decision.

Ê A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] order, report each contribution in excess of $1,000 received during the period and contributions received during the period which cumulatively exceed $1,000.

      7.  Except as otherwise provided in NRS 294A.3737, the reports of contributions required pursuant to this section must be filed electronically with the Secretary of State.

 


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ê2013 Statutes of Nevada, Page 2389 (Chapter 425, AB 48)ê

 

      8.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      9.  Every person, committee [or] and political party described in [subsection 1] this section shall file a report required by this section even if the person, committee or political party receives no contributions.

      10.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of $1,000 since the beginning of the current reporting period.

      Sec. 31. NRS 294A.150 is hereby amended to read as follows:

      294A.150  1.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election [, primary city election,] or general election [or general city election] shall, not later than January 15 of each year that the provisions of this subsection apply to the committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each [campaign] contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] The provisions of this subsection apply to the committee for political action:

      (a) Each year in which an election [or city election] is held for each question for which the committee for political action advocates passage or defeat; and

      (b) The year after the year described in paragraph (a).

      2.  [If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.] A committee for political action described in [this] subsection 1 shall, not later than:

      (a) Twenty-one days before the primary election , [or primary city election,] for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]

      (b) Four days before the primary election , [or primary city election,] for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]

 


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      (c) Twenty-one days before the general election , [or general city election,] for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and

      (d) Four days before the general election , [or general city election,] for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]

Ê report each [campaign] contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

      4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A committee for political action described in this subsection shall, not later than:

      (a) Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;

      (b) Four days before the primary election or primary city election, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;

      (c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

      (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury.

 


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ê2013 Statutes of Nevada, Page 2391 (Chapter 425, AB 48)ê

 

political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      5.  Except as otherwise provided in subsection 6, every]

      3.  Except as otherwise provided in section 18 of this act, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election, for the period from the date that the question qualified for the ballot through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each [campaign] contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. [The report must be completed on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      6.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall report each of the contributions received on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

Ê A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      7.]4. The provisions of this section apply to a committee for political action even if the question or group of questions does not appear on the ballot at a primary, general or special election.

      5.  Except as otherwise provided in NRS 294A.3737, the reports required pursuant to this section must be filed electronically with the Secretary of State.

      [8.]6.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [9.]7.  If the committee for political action is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.

 


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ê2013 Statutes of Nevada, Page 2392 (Chapter 425, AB 48)ê

 

      Sec. 32. NRS 294A.160 is hereby amended to read as follows:

      294A.160  1.  It is unlawful for a candidate to spend money received as a [campaign] contribution for the candidate’s personal use.

      2.  Notwithstanding the provisions of NRS 294A.286, a candidate or public officer may use [campaign] contributions to pay for any legal expenses that the candidate or public officer incurs in relation to a campaign or serving in public office without establishing a legal defense fund. Any such candidate or public officer shall report any expenditure of [campaign] contributions to pay for legal expenses in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.] A candidate or public officer shall not use [campaign] contributions to satisfy a civil or criminal penalty imposed by law.

      3.  Every candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary [,] election, general [, primary city, general city] election or special election shall dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Use the money in the candidate’s next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidate’s next election;

      (c) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (d) Donate the money to any tax-exempt nonprofit entity; or

      (e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      4.  Every candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election who withdraws after filing a declaration of candidacy or an acceptance of candidacy or is defeated for that office and who received contributions that were not spent or committed for expenditure before the primary [,] election, general [, primary city, general city] election or special election shall, not later than the 15th day of the second month after the election, dispose of the money through one or any combination of the following methods:

      (a) Return the unspent money to contributors;

      (b) Contribute the money to:

             (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

             (2) A political party; or

             (3) Any combination of persons or groups set forth in subparagraphs (1) and (2);

      (c) Donate the money to any tax-exempt nonprofit entity; or

 


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ê2013 Statutes of Nevada, Page 2393 (Chapter 425, AB 48)ê

 

      (d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State. A candidate who donates money pursuant to this paragraph may request that the money be used for a specific purpose.

      5.  Every candidate for [a state, district, county, city or township] office who withdraws after filing a declaration of candidacy or an acceptance of candidacy or is defeated for that office at a primary [or primary city] election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the primary election, return any money in excess of $5,000 to the contributor.

      6.  Except as otherwise provided in subsection 7, every public officer who:

      (a) [Holds a state, district, county, city or township office;

      (b)] Does not run for reelection to [that] the office which he or she holds and is not a candidate for any other office; and

      [(c)](b) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the expiration of the public officer’s term of office, dispose of those contributions in the manner provided in subsection 3.

      7.  A public officer who:

      (a) [Holds a state, district, county, city or township office;

      (b)] Does not run for reelection to [that] the office which he or she holds and is a candidate for any other office; and

      [(c)](b) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê may use the unspent [campaign] contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200 [, 294A.360] and 294A.362 for as long as the public officer is a candidate for any office.

      8.  In addition to the methods for disposing the unspent money set forth in subsections 3, 4, 5 and 7, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

      9.  Any contributions received before a candidate for [a state, district, county, city or township] office at a primary [,] election, general [, primary city, general city] election or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 3.

      10.  The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

      11.  As used in this section, “contributions” include any interest and other income earned thereon.

      Sec. 33. NRS 294A.200 is hereby amended to read as follows:

      294A.200  1.  Every candidate for [state, district, county or township] office at a primary election or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report:

      (a) Each of the campaign expenses in excess of $100 incurred during the period;

 


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ê2013 Statutes of Nevada, Page 2394 (Chapter 425, AB 48)ê

 

      (b) Each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection [4] 3 of NRS 294A.286 during the period;

      (c) The total of all campaign expenses incurred during the period which are $100 or less; and

      (d) The total of all amounts disposed of during the period pursuant to NRS 294A.160 or subsection [4] 3 of NRS 294A.286 which are $100 or less . [,

Ê on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.]

      2.  The provisions of subsection 1 apply to the candidate:

      (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

      (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 or 294A.286.

      3.  Every candidate for [state, district, county or township] office at a primary election or general election shall, [if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1,] not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period . [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      4. Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Twenty-one days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 25 days before the primary election;

      (b) Four days before the primary election for that office, for the period from 24 days before the primary election through 5 days before the primary election;

      (c) Twenty-one days before the general election for that office, for the period from 4 days before the primary election through 25 days before the general election; and

 


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ê2013 Statutes of Nevada, Page 2395 (Chapter 425, AB 48)ê

 

      (d) Four days before the general election for that office, for the period from 24 days before the general election through 5 days before the general election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      5.]4.  Except as otherwise provided in [subsection 6,] subsections 5 and 6 and section 18 of this act, every candidate for [a district] office at a special election shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election, for the period from the candidate’s nomination through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period . [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      6.  Every]

      5.  Except as otherwise provided in subsection 6 and section 18 of this act, every candidate for [state, district, county, municipal or township] office at a special election to determine whether a public officer will be recalled shall [report each of the campaign expenses described in subsection 1 incurred on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under an oath to God or penalty of perjury, 30 days after:

      (a) The] , not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election; [or]

      (b) [If] Four days before the special election [is not held because] , for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each of the campaign expenses described in subsection 1 incurred during the period.

      6.  If a district court determines that [the] a petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every candidate for office at a special election to determine whether a public officer will be recalled shall, not later than 30 days after the district orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s [decision.

 


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ê2013 Statutes of Nevada, Page 2396 (Chapter 425, AB 48)ê

 

recalled shall, not later than 30 days after the district orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s [decision.

Ê A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.] order, report each of the campaign expenses described in subsection 1 incurred during the period.

      7.  Except as otherwise provided in NRS 294A.3733, reports of campaign expenses must be filed electronically with the Secretary of State.

      8.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 34. NRS 294A.210 is hereby amended to read as follows:

      294A.210  1.  The provisions of this section apply to:

      (a) Every person who [is not under the direction or control of a candidate for an office at a primary election, primary city election, general election or general city election, of a group of such candidates or of any person involved in the campaign of that candidate or group who] makes an independent expenditure [on behalf of the candidate or group which is not solicited or approved by the candidate or group, and every] in excess of $1,000; and

      (b) Every committee for political action, political party [or] and committee sponsored by a political party which receives contributions in excess of [$100] $1,000 or makes an expenditure [on behalf of such] for or against a candidate for office or a group of such candidates.

      2.  Every person, committee and political party described in subsection 1 shall, not later than January 15 of each year that the provisions of this subsection apply to the person, committee or political party, for the period from January 1 of the previous year through December 31 of the previous year, report each independent expenditure or other expenditure , as applicable, made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates] in excess of [$100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] $1,000 and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000. The provisions of this subsection apply to the person, committee or political party beginning the year of the general election [or general city election] for that office through the year immediately preceding the next general election [or general city election] for that office.

      [2.]3.  Every person, committee [or] and political party described in subsection 1 [which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after January 1 and before the July 1 immediately following that January 1,] shall, not later than:

      (a) Twenty-one days before the primary election [or primary city election] for that office, for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]

 


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ê2013 Statutes of Nevada, Page 2397 (Chapter 425, AB 48)ê

 

preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]

      (b) Four days before the primary election [or primary city election] for that office, for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]

      (c) Twenty-one days before the general election [or general city election] for that office, for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and

      (d) Four days before the general election [or general city election] for that office, for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]

Ê report each independent expenditure or other expenditure , as applicable, in excess of $1,000 made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of] and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed [$100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      3.  Every person, committee or political party described in subsection 1 which makes an expenditure on behalf of a candidate for office at a primary election, primary city election, general election or general city election or on behalf of a group of such candidates shall, if the general election or general city election for the office for which the candidate or a candidate in the group of candidates seeks election is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

      (a) Twenty-one days before the primary election or primary city election for that office, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;

      (b) Four days before the primary election or primary city election for that office, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;

      (c) Twenty-one days before the general election or general city election for that office, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

      (d) Four days before the general election or general city election for that office, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury.

 


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ê2013 Statutes of Nevada, Page 2398 (Chapter 425, AB 48)ê

 

penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] $1,000.

      4.  Except as otherwise provided in [subsection 5,] subsections 5 and 6 and section 18 of this act, every person, committee [or] and political party described in subsection 1 which makes an independent expenditure or other expenditure [on behalf of] , as applicable, for or against a candidate for office at a special election or [on behalf of] for or against a group of such candidates shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special [election for the office for which the candidate or a candidate in the group of candidates seeks] election, for the period from the nomination of the candidate through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each independent expenditure or other expenditure , as applicable, in excess of $1,000 made during the period [on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      5.  [Every] Except as otherwise provided in subsection 6 and section 18 of this act, every person, committee [or] and political party described in subsection 1 which makes an independent expenditure or other expenditure [on behalf of] , as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or [on behalf of] for or against a group of such candidates shall [list each expenditure made on behalf of the candidate, the group of candidates or a candidate in the group of candidates in excess of $100 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by the person or a representative of the committee or political party under an oath to God or penalty of perjury, 30 days after:

      (a) The] , not later than:

      (a) Four days before the beginning of early voting by personal appearance for the special election, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through 5 days before the beginning of early voting by personal appearance for the special election; [or]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

 


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ê2013 Statutes of Nevada, Page 2399 (Chapter 425, AB 48)ê

 

Ê report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or other expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      6.  If [the special election is not held because] a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, every person, committee and party described in subsection 1 which makes an independent expenditure or other expenditure, as applicable, for or against a candidate for office at a special election to determine whether a public officer will be recalled or for or against a group of such candidates shall, not later than 30 days after the district court orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s [decision.

Ê A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      6.  Expenditures] order, report each independent expenditure or other expenditure, as applicable, in excess of $1,000 made during the period and independent expenditures or expenditures, as applicable, made during the period to one recipient which cumulatively exceed $1,000.

      7.  Independent expenditures and other expenditures made within the State or made elsewhere but for use within the State, including independent expenditures and other expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      [7.]8.  Except as otherwise provided in NRS 294A.3737, the reports must be filed electronically with the Secretary of State.

      [8.]9.  If an independent expenditure or other expenditure , as applicable, is made [on behalf of] for or against a group of candidates, the reports must be itemized by the candidate.

      [9.]10.  A report shall be deemed to be filed on the date that it was received by the Secretary of State. Every person, committee or political party described in subsection 1 shall file a report required by this section even if the person, committee or political party receives no contributions.

      Sec. 35. NRS 294A.220 is hereby amended to read as follows:

      294A.220  1.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election [, primary city election,] or general election [or general city election] shall, not later than January 15 of each year that the provisions of this subsection apply to the committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and such expenditures made during the period to one recipient that cumulatively exceed $1,000. The provisions of this subsection apply to the committee for political action:

 


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ê2013 Statutes of Nevada, Page 2400 (Chapter 425, AB 48)ê

 

      (a) Each year in which an election [or city election] is held for a question for which the committee for political action advocates passage or defeat; and

      (b) The year after the year described in paragraph (a).

      2.  [If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection.] A committee for political action described in [this] subsection 1 shall, not later than:

      (a) Twenty-one days before the primary election , [or primary city election,] for the period from the January 1 immediately preceding the primary election [or primary city election] through 25 days before the primary election ; [or primary city election;]

      (b) Four days before the primary election , [or primary city election,] for the period from 24 days before the primary election [or primary city election] through 5 days before the primary election ; [or primary city election;]

      (c) Twenty-one days before the general election , [or general city election,] for the period from 4 days before the primary election [or primary city election] through 25 days before the general election ; [or general city election;] and

      (d) Four days before the general election , [or general city election,] for the period from 24 days before the general election [or general city election] through 5 days before the general election , [or general city election,]

Ê report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question shall comply with the requirements of this subsection. A committee for political action described in this subsection shall, not later than:

 


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ê2013 Statutes of Nevada, Page 2401 (Chapter 425, AB 48)ê

 

      (a) Twenty-one days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 25 days before the primary election or primary city election;

      (b) Four days before the primary election or primary city election, for the period from 24 days before the primary election or primary city election through 5 days before the primary election or primary city election;

      (c) Twenty-one days before the general election or general city election, for the period from 4 days before the primary election or primary city election through 25 days before the general election or general city election; and

      (d) Four days before the general election or general city election, for the period from 24 days before the general election or general city election through 5 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      4.  Except as otherwise provided in subsection 5, every] and such expenditures made during the period to one recipient that cumulatively exceed $1,000.

      3.  Except as otherwise provided in section 18 of this act, every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election, for the period from the date the question qualified for the ballot through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made during the period [on behalf of] for or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee for political action under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      5.  Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury, 30 days after:

 


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ê2013 Statutes of Nevada, Page 2402 (Chapter 425, AB 48)ê

 

pursuant to NRS 294A.373 and signed by a representative of the committee for political action under an oath to God or penalty of perjury, 30 days after:

      (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

      (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

Ê A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and such expenditures made during the period to one recipient that cumulatively exceed $1,000.

      [6.]4.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

      [7.]5. The provisions of this section apply to a committee for political action even if the question or group of questions does not appear on the ballot at a primary, general or special election.

      6.  Except as otherwise provided in NRS 294A.3737, reports required pursuant to this section must be filed electronically with the Secretary of State.

      [8.]7.  If an expenditure is made [on behalf of] for or against a group of questions, the reports must be itemized by question or petition.

      [9.]8.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      Sec. 36. NRS 294A.225 is hereby amended to read as follows:

      294A.225  1.  A nonprofit corporation shall, before it engages in any of the following activities in this State, submit the names, addresses and telephone numbers of its officers to the Secretary of State:

      (a) Soliciting or receiving contributions from any other person, group or entity;

      (b) Making contributions to candidates or other persons; or

      (c) Making expenditures,

Ê designed to affect the outcome of any primary [,] election, general election or special election or question on the ballot.

      2.  The Secretary of State shall include on the Secretary of State’s Internet website the information submitted pursuant to subsection 1.

      Sec. 37. NRS 294A.270 is hereby amended to read as follows:

      294A.270  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, each committee for the recall of a public officer shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

 


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ê2013 Statutes of Nevada, Page 2403 (Chapter 425, AB 48)ê

 

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each contribution received or made by the committee for the recall of a public officer during the period in excess of $100 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      2.  If a petition for the [purpose of recalling] recall of a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each contribution received by the committee [,] for the recall of a public officer, and each contribution made by the committee for the recall of a public officer in excess of $100 [.] and contributions made to one recipient which cumulatively exceed $100.

      3.  If a district court [does not order a special election] determines that the petition for the recall of the public officer [,] is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court [determines that an election will not be held,] orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the [court determines that an election will not be held,] district court’s order, report each contribution received or made by the committee [, and each contribution made by the committee] for the recall of a public officer in excess of $100 [.] and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      4.  If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th day of the second month after the special election, for the remaining period through the date of the special election,

Ê report each contribution received or made by the committee for the recall of a public officer in excess of $100 and contributions received from a contributor or made to one recipient which cumulatively exceed $100.

      5.  Except as otherwise provided in NRS 294A.3737, each report of contributions must be filed electronically with the Secretary of State.

      [5.]6.  A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      [6.]7.  The name and address of the contributor or recipient and the date on which the contribution was received must be included on the report for each contribution, whether from or to a natural person, association or corporation. [, in excess of $100 and contributions which a contributor or the committee has made cumulatively in excess of that amount since the beginning of the current reporting period.]

 


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ê2013 Statutes of Nevada, Page 2404 (Chapter 425, AB 48)ê

 

      Sec. 38. NRS 294A.280 is hereby amended to read as follows:

      294A.280  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, each committee for the recall of a public officer shall, not later than:

      (a) [Seven] Four days before the beginning of early voting by personal appearance for the special election to recall a public officer, for the period from the [filing of] date the notice of intent to circulate the petition for recall is filed pursuant to NRS 306.015 through [12] 5 days before the beginning of early voting by personal appearance for the special election; [and]

      (b) Four days before the special election, for the period from 4 days before the beginning of early voting by personal appearance for the special election through 5 days before the special election; and

      (c) Thirty days after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer during the period in excess of $100 [on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. The form must be signed by a representative of the committee under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.] and expenditures made to one recipient which cumulatively exceed $100.

      2.  If a petition for the [purpose of recalling] recall of a public officer is not filed before the expiration of the notice of intent, the committee for the recall of a public officer shall, not later than 30 days after the expiration of the notice of intent, report each expenditure made by the committee for the recall of a public officer in excess of $100 [.] and expenditures made to one recipient which cumulatively exceed $100.

      3.  If a district court [does not order a special election] determines that the petition for the recall of the public officer [,] is legally insufficient pursuant to subsection 6 of NRS 306.040, the committee for the recall of a public officer shall, not later than 30 days after the district court [determines that an election will not be held,] orders the officer with whom the petition is filed to cease any further proceedings regarding the petition, for the period from the filing of the notice of intent to circulate the petition for recall through the day of the [court determines that an election will not be held,] district court’s order, report each expenditure made by the committee for the recall of a public officer in excess of $100 [.] and expenditures made to one recipient which cumulatively exceed $100.

      4.  If the special election is held on the same day as a primary election or general election, the committee for the recall of a public officer shall, not later than:

      (a) Twenty-one days before the special election, for the period from the filing of the notice of intent to circulate the petition for recall through 25 days before the special election;

      (b) Four days before the special election, for the period from 24 days before the special election through 5 days before the special election; and

      (c) The 15th of the second month after the special election, for the remaining period through the date of the special election,

Ê report each expenditure made by the committee for the recall of a public officer in excess of $100 and expenditures made to one recipient which cumulatively exceed $100.

 


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ê2013 Statutes of Nevada, Page 2405 (Chapter 425, AB 48)ê

 

      5.  Except as otherwise provided in NRS 294A.3737, each report of expenditures must be filed electronically with the Secretary of State.

      [5.]6.A report shall be deemed to be filed on the date that it was received by the Secretary of State.

      7.  The name and address of the recipient and the date on which the expenditure was made must be included on the report for each expenditure, whether to a natural person, association or corporation.

      Sec. 39. NRS 294A.286 is hereby amended to read as follows:

      294A.286  1.  Any candidate or public officer may establish a legal defense fund. A person who administers a legal defense fund shall:

      (a) Within 5 days after the creation of the legal defense fund, notify the Secretary of State of the creation of the fund on a form provided by the Secretary of State; and

      (b) For the same period covered by the report filed pursuant to NRS 294A.120 [,] or 294A.200 , [or 294A.360,] report any contribution received by or expenditure made from the legal defense fund.

      2.  [The reports required by paragraph (b) of subsection 1 must be submitted on the form designed and made available by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the administrator of the legal defense fund under an oath to God or penalty of perjury. A person who signs the form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      3.]  Except as otherwise provided in NRS 294A.3733, the reports required by paragraph (b) of subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.

      4.]3.  Not later than the 15th day of the second month after the conclusion of all civil, criminal or administrative claims or proceedings for which a candidate or public officer established a legal defense fund, the candidate or public officer shall dispose of unspent money through one or any combination of the following methods:

      (a) Return the unspent money to contributors; or

      (b) Donate the money to any tax-exempt nonprofit entity.

      Sec. 40. NRS 294A.325 is hereby amended to read as follows:

      294A.325  1.  A foreign national shall not, directly or indirectly, make a contribution or a commitment to make a contribution to:

      (a) A candidate;

      (b) A committee for political action;

      (c) A committee for the recall of a public officer;

      (d) A person who [is not under the direction or control of a candidate, of a group of candidates or of any person involved in the campaign of the candidate or group who] makes an independent expenditure ; [that is not solicited or approved by the candidate or group;]

      (e) A political party or committee sponsored by a political party that makes an expenditure [on behalf of] for or against a candidate or group of candidates;

      (f) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts;

      (g) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate; or

 


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ê2013 Statutes of Nevada, Page 2406 (Chapter 425, AB 48)ê

 

      (h) A nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225.

      2.  Except as otherwise provided in subsection 3, a candidate, person, group, committee, political party, organization or nonprofit corporation described in subsection 1 shall not knowingly solicit, accept or receive a contribution or a commitment to make a contribution from a foreign national.

      3.  For the purposes of subsection 2, if a candidate, person, group, committee, political party, organization or nonprofit corporation is aware of facts that would lead a reasonable person to inquire whether the source of a contribution is a foreign national, the candidate, person, group, committee, political party, organization or nonprofit corporation shall be deemed to have not knowingly solicited, accepted or received a contribution in violation of subsection 2 if the candidate, person, group, committee, political party, organization or nonprofit corporation requests and obtains from the source of the contribution a copy of current and valid United States passport papers. This subsection does not apply to any candidate, person, group, committee, political party, organization or nonprofit corporation if the candidate, person, group, committee, political party, organization or nonprofit corporation has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national.

      4.  If a candidate, person, group, committee, political party, organization or nonprofit corporation discovers that the candidate, person, group, committee, political party, organization or nonprofit corporation received a contribution in violation of this section, the candidate, person, group, committee, political party, organization or nonprofit corporation shall, if at the time of discovery of the violation:

      (a) Sufficient money received as contributions is available, return the contribution received in violation of this section not later than 30 days after such discovery.

      (b) Except as otherwise provided in paragraph (c), sufficient money received as contributions is not available, return the contribution received in violation of this section as contributions become available for this purpose.

      (c) Sufficient money received as contributions is not available and contributions are no longer being solicited or accepted, not be required to return any amount of the contribution received in violation of this section that exceeds the amount of contributions available for this purpose.

      5.  A violation of any provision of this section is a gross misdemeanor.

      6.  As used in this section:

      (a) “Foreign national” has the meaning ascribed to it in 2 U.S.C. § 441e.

      (b) “Knowingly” means that a candidate, person, group, committee, political party, organization or nonprofit corporation:

             (1) Has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national;

             (2) Is aware of facts which would lead a reasonable person to conclude that there is a substantial probability that the source of the contribution solicited, accepted or received is a foreign national; or

             (3) Is aware of facts which would lead a reasonable person to inquire whether the source of the contribution solicited, accepted or received is a foreign national, but failed to conduct a reasonable inquiry.

 


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ê2013 Statutes of Nevada, Page 2407 (Chapter 425, AB 48)ê

 

      Sec. 41. NRS 294A.347 is hereby amended to read as follows:

      294A.347  1.  A statement which:

      (a) Is published within 60 days before a general election [, general city election] or special election or 30 days before a primary election ; [or primary city election;]

      (b) Expressly advocates the election or defeat of a clearly identified candidate for a state or local office; and

      (c) Is published by a person who receives compensation from the candidate, an opponent of the candidate or a person, party or committee for political action,

Ê must contain a disclosure of the fact that the person receives compensation pursuant to paragraph (c) and the name of the person, party or committee for political action providing that compensation.

      2.  A statement which:

      (a) Is published by a candidate within 60 days before a general election [, general city election] or special election or 30 days before a primary election ; [or primary city election;] and

      (b) Contains the name of the candidate,

Ê shall be deemed to comply with the provisions of this section.

      3.  As used in this section, “publish” means the act of:

      (a) Printing, posting, broadcasting, mailing or otherwise disseminating; or

      (b) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.

      Sec. 42. (Deleted by amendment.)

      Sec. 43. NRS 294A.350 is hereby amended to read as follows:

      294A.350  1.  Every candidate [for state, district, county, municipal or township office] shall file the reports [of campaign contributions and expenses] required by NRS 294A.120, 294A.128, 294A.200 and [294A.360 and reports of contributions received by and expenditures made from a legal defense fund required by NRS] 294A.286, even though the candidate:

      (a) Withdraws his or her candidacy;

      (b) Receives no [campaign] contributions;

      (c) Has no campaign expenses;

      (d) Is removed from the ballot by court order; or

      (e) Is the subject of a petition to recall and the special election is not held.

      2.  A candidate who withdraws his or her candidacy pursuant to NRS 293.202 may file simultaneously all the reports [of campaign contributions and expenses] required by NRS 294A.120, 294A.128, 294A.200 and [294A.360 and the report of contributions received by and expenditures made from a legal defense fund required by NRS] 294A.286, so long as each report is filed on or before the last day for filing the respective report pursuant to NRS 294A.120 [,] or 294A.200 . [or 294A.360.]

      Sec. 44. NRS 294A.362 is hereby amended to read as follows:

      294A.362  1.  In addition to reporting information pursuant to NRS 294A.120, 294A.125, 294A.128 [,] and 294A.200 , [and 294A.360,] each candidate who is required to file a report [of campaign contributions and expenses] pursuant to NRS 294A.120, 294A.125, 294A.128 [,] or 294A.200 [or 294A.360] shall report on the form designed and made available by the Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid.

 


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ê2013 Statutes of Nevada, Page 2408 (Chapter 425, AB 48)ê

 

Secretary of State pursuant to NRS 294A.373 goods and services provided in kind for which money would otherwise have been paid. The candidate shall list on the form:

      (a) Each such [campaign] contribution in excess of $100 received during the reporting period;

      (b) Each such [campaign] contribution from a contributor received during the reporting period which cumulatively exceeds $100;

      (c) Each such campaign expense in excess of $100 incurred during the reporting period;

      (d) The total of all such [campaign] contributions received during the reporting period which are $100 or less and which are not otherwise required to be reported pursuant to paragraph (b); and

      (e) The total of all such campaign expenses incurred during the reporting period which are $100 or less.

      2.  The Secretary of State [and each city clerk] shall not require a candidate to list the [campaign] contributions and campaign expenses described in this section on any form other than the form designed and made available by the Secretary of State pursuant to NRS 294A.373.

      3.  Except as otherwise provided in NRS 294A.3733, the report required by subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.125, 294A.128 [,] or 294A.200 . [or 294A.360.]

      Sec. 45. NRS 294A.365 is hereby amended to read as follows:

      294A.365  1.  Each report [of expenditures] required pursuant to NRS 294A.210, 294A.220 and 294A.280 must consist of a list of each expenditure in excess of $100 or $1,000, as is appropriate, that was made during the periods for reporting. Each report [of expenses] required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each campaign expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the campaign expense or expenditure and the date on which the campaign expense was incurred or the expenditure was made.

      2.  The categories of campaign expense or expenditure for use on the report of campaign expenses or expenditures are:

      (a) Office expenses;

      (b) Expenses related to volunteers;

      (c) Expenses related to travel;

      (d) Expenses related to advertising;

      (e) Expenses related to paid staff;

      (f) Expenses related to consultants;

      (g) Expenses related to polling;

      (h) Expenses related to special events;

      (i) Expenses related to a legal defense fund;

      (j) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid;

      (k) Contributions made to another candidate, a nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225, a committee for political action that is registered or required to be registered pursuant to NRS 294A.230 or a committee for the recall of a public officer that is registered or required to be registered pursuant to NRS 294A.250; [and]

 


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      (l) Fees for filing declarations of candidacy or acceptances of candidacy;

      (m) Repayments or forgiveness of loans;

      (n) The disposal of unspent contributions pursuant to NRS 294A.160; and

      (o) Other miscellaneous expenses.

      3.  Each report of campaign expenses or expenditures described in subsection 1 must list the disposition of any unspent [campaign] contributions using the categories set forth in subsection 3 of NRS 294A.160 or subsection [4] 3 of NRS 294A.286 [.] , as applicable.

      Sec. 46. NRS 294A.370 is hereby amended to read as follows:

      294A.370  1.  A newspaper, radio broadcasting station, outdoor advertising company, television broadcasting station, direct mail advertising company, printer or other person or group of persons which accepts, broadcasts, disseminates, prints or publishes:

      (a) Advertising [on behalf of] for or against any candidate or group of candidates;

      (b) Political advertising for any person other than a candidate; or

      (c) Advertising for the passage or defeat of a question or group of questions on the ballot,

Ê shall, during the period beginning at least 10 days before each primary election [, primary city election,] or general election [or general city election] and ending at least 30 days after the election, make available for inspection information setting forth the cost of all such advertisements accepted and broadcast, disseminated or published. The person or entity shall make the information available at any reasonable time and not later than 3 days after it has received a request for such information.

      2.  For purposes of this section, the necessary cost information is made available if a copy of each bill, receipt or other evidence of payment made out for any such advertising is kept in a record or file, separate from the other business records of the enterprise and arranged alphabetically by name of the candidate or the person or group which requested the advertisement, at the principal place of business of the enterprise.

      Sec. 47. NRS 294A.373 is hereby amended to read as follows:

      294A.373  1.  Any report required pursuant to this chapter must be completed on the form designed and made available by the Secretary of State pursuant to this section.

      2.  The Secretary of State shall design forms to be used for all reports [of campaign contributions and expenses or expenditures] that are required to be filed pursuant to [NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.360 and 294A.362 and reports of contributions received by and expenditures made from a legal defense fund that are required to be filed pursuant to NRS 294A.286.] this chapter.

      [2.]3.  The forms designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

      [3.]4.  The Secretary of State shall make available to each candidate, person, committee or political party that is required to file a report [described in subsection 1:] pursuant to this chapter:

      (a) If the candidate, person, committee or political party has submitted an affidavit to the Secretary of State pursuant to NRS 294A.3733 or 294A.3737, as applicable, a copy of the form; or

 


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      (b) If the candidate, person, committee or political party is required to submit the report electronically to the Secretary of State, access through a secure website to the form.

      [4.]5. A report filed pursuant to this chapter must be signed under an oath to God or penalty of perjury. If the candidate, person, committee or political party is required to submit electronically a report described in subsection 1, the form must be signed electronically under an oath to God or penalty of perjury. A person who signs the report or form under an oath to God is subject to the same penalties as if the person had signed the form under penalty of perjury.

      [5.  The Secretary of State must obtain the advice and consent of the Legislative Commission before making a copy of, or access to, a form designed or revised by the Secretary of State pursuant to this section available to a candidate, person, committee or political party.]

      Sec. 48. NRS 294A.3733 is hereby amended to read as follows:

      294A.3733  1.  A candidate who is required to file a report [described in subsection 1 of NRS 294A.373] pursuant to this chapter is not required to file the report electronically if the candidate:

      (a) Did not receive or expend money in excess of $10,000 after becoming a candidate pursuant to NRS 294A.005; and

      (b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:

             (1) The candidate does not own or have the ability to access the technology necessary to file electronically the report ; [described in subsection 1 of NRS 294A.373;] and

             (2) The candidate does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report . [described in subsection 1 of NRS 294A.373.]

      2.  The affidavit described in subsection 1 must be:

      (a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A candidate who signs the affidavit under an oath to God is subject to the same penalties as if the candidate had signed the affidavit under penalty of perjury.

      (b) Filed not later than 15 days before the candidate is required to file a report [described in subsection 1 of NRS 294A.373.] pursuant to this chapter.

      3.  A candidate who is not required to file the report electronically may file the report by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.

      Sec. 49. NRS 294A.3737 is hereby amended to read as follows:

      294A.3737  1.  A person, committee or political party that is required to file a report [described in subsection 1 of NRS 294A.373] pursuant to this chapter is not required to file the report electronically if the person, committee or political party:

      (a) Did not receive contributions or expend money in excess of $10,000 in the previous calendar year; and

      (b) Has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:

 


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             (1) The person, committee or political party does not own or have the ability to access the technology necessary to file electronically the report ; [described in subsection 1 of NRS 294A.373;] and

             (2) The person, committee or political party does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the report . [described in subsection 1 of NRS 294A.373.]

      2.  The affidavit described in subsection 1 must be:

      (a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A person who signs the affidavit under an oath to God is subject to the same penalties as if the person had signed the affidavit under penalty of perjury.

      (b) Filed:

             (1) At least 15 days before any report [described in subsection 1 of NRS 294A.373] is required to be filed pursuant to this chapter by the person, committee or political party.

             (2) Not earlier than January 1 and not later than January 15 of each year, regardless of whether or not the person, committee or political party was required to file any report [described in subsection 1 of NRS 294A.373] pursuant to this chapter in the previous year.

      3.  A person, committee or political party that has properly filed the affidavit pursuant to this section may file the relevant report with the Secretary of State by transmitting the report by regular mail, certified mail, facsimile machine or personal delivery. A report transmitted pursuant to this subsection shall be deemed to be filed on the date on which it is received by the Secretary of State.

      Sec. 50. (Deleted by amendment.)

      Sec. 51. NRS 294A.390 is hereby amended to read as follows:

      294A.390  The officer from whom a candidate or entity requests a form for:

      1.  A declaration of candidacy;

      2.  An acceptance of candidacy;

      3.  The registration of a nonprofit corporation pursuant to NRS 294A.225, a committee for political action pursuant to NRS 294A.230 or a committee for the recall of a public officer pursuant to NRS 294A.250; or

      4.  The reporting of the creation of a legal defense fund pursuant to NRS 294A.286,

Ê shall furnish the candidate or entity with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270 [,] or 294A.280 [or 294A.360] relating to the making, accepting or reporting of [campaign] contributions, campaign expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

      Sec. 52. NRS 294A.400 is hereby amended to read as follows:

      294A.400  [The] Based on the reports received pursuant to this chapter, the Secretary of State shall, [within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.286, 294A.360 and 294A.362,] not later than February 15 of each odd-numbered year, prepare and make available for public inspection a compilation of:

 


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reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, 294A.286, 294A.360 and 294A.362,] not later than February 15 of each odd-numbered year, prepare and make available for public inspection a compilation of:

      1.  The [total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of] following totals for each [of the candidates] candidate from whom reports of [those] contributions and campaign expenses are required [.

      2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

      3.] pursuant to this chapter:

      (a) The total amount of monetary contributions to the candidate;

      (b) The total amount of goods and services provided to the candidate in kind for which money would otherwise have been paid;

      (c) The total amount of loans guaranteed by a third party and forgiveness of any loans previously made to the candidate;

      (d) The total amount committed to the candidate via written commitments for contributions; and

      (e) The total amount of campaign expenses.

      2.  The following totals for each person, committee, political party or nonprofit corporation from which reports of contributions and campaign expenses are required pursuant to this chapter:

      (a) The total amount of monetary contributions to the person, committee, political party or nonprofit corporation;

      (b) The total amount of goods and services provided to the person, committee, political party or nonprofit corporation in kind for which money would otherwise have been paid; and

      (c) The total amount of independent expenditures or other expenditures, as applicable, made by the person, committee, political party or nonprofit corporation.

      3.  The following totals for each committee for political action for which reports of contributions and expenditures are required pursuant to this chapter:

      (a) The total amount of monetary contributions to the committee for political action;

      (b) The total amount of goods and services provided to the committee for political action in kind for which money would otherwise have been paid; and

      (c) The total amount of expenditures made by the committee for political action.

      4.  The contributions made to and expenditures from a committee for the recall of a public officer in excess of $100.

      [4.  The expenditures exceeding $100 made by a:

      (a) Person on behalf of a candidate other than the person.

      (b) Group of persons advocating the election or defeat of a candidate.

      (c) Committee for the recall of a public officer.

      5.  The contributions in excess of $100 made to:

      (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

 


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candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

      (b) A committee for political action, political party or committee sponsored by a political party which makes an expenditure on behalf of a candidate or group of candidates.

      6.]5.  The total contributions received by and expenditures made from a legal defense fund.

      Sec. 53. NRS 294A.410 is hereby amended to read as follows:

      294A.410  1.  If it appears that the provisions of this chapter have been violated, the Secretary of State may:

      (a) Conduct an investigation concerning the alleged violation and cause the appropriate proceedings to be instituted and prosecuted in the First Judicial District Court; or

      (b) Refer the alleged violation to the Attorney General. The Attorney General shall investigate the alleged violation and institute and prosecute the appropriate proceedings in the First Judicial District Court without delay.

      2.  A person who believes that any provision of this chapter has been violated may notify the Secretary of State, in writing, of the alleged violation. The notice must be signed by the person alleging the violation and include:

      (a) The full name and address of the person alleging the violation;

      (b) A clear and concise statement of facts sufficient to establish that the alleged violation occurred;

      (c) Any evidence substantiating the alleged violation;

      (d) A certification by the person alleging the violation that the facts alleged in the notice are true to the best knowledge and belief of that person; and

      (e) Any other information in support of the alleged violation.

      3.  As soon as practicable after receiving a notice of an alleged violation pursuant to subsection 2, the Secretary of State shall provide a copy of the notice and any accompanying information to the person, if any, alleged in the notice to have committed the violation. Any response submitted to the notice must be accompanied by a short statement of the grounds, if any, for objecting to the alleged violation and include any evidence substantiating the objection.

      4.  If the Secretary of State determines, based on a notice of an alleged violation received pursuant to subsection 2, that reasonable suspicion exists that a violation of this chapter has occurred, the Secretary of State may conduct an investigation of the alleged violation.

      5.  If a notice of an alleged violation is received pursuant to subsection 2 not later than 180 days after the general election [, general city election] or special election for the office or ballot question to which the notice pertains, the Secretary of State, when conducting an investigation of the alleged violation pursuant to subsection 4, may subpoena witnesses and require the production by subpoena of any books, papers, correspondence, memoranda, agreements or other documents or records that the Secretary of State or a designated officer or employee of the Secretary of State determines are relevant or material to the investigation and are in the possession of:

      (a) Any person alleged in the notice to have committed the violation; or

      (b) If the notice does not include the name of a person alleged to have committed the violation, any person who the Secretary of State or a designated officer or employee of the Secretary of State has reasonable cause to believe produced or disseminated the materials that are the subject of the notice.

 


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ê2013 Statutes of Nevada, Page 2414 (Chapter 425, AB 48)ê

 

designated officer or employee of the Secretary of State has reasonable cause to believe produced or disseminated the materials that are the subject of the notice.

      6.  If a person fails to testify or produce any documents or records in accordance with a subpoena issued pursuant to subsection 5, the Secretary of State or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:

      (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce the documents or records, if the person is subject to service of process in this State; or

      (b) A court of another state having jurisdiction over the person refusing to testify or produce the documents or records, if the person is not subject to service of process in this State.

      Sec. 54. NRS 294A.420 is hereby amended to read as follows:

      294A.420  1.  If the Secretary of State receives information that a candidate, person, committee [or entity] , political party or nonprofit corporation that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.230, 294A.250, 294A.270, 294A.280 [,] or 294A.286 [or 294A.360] has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that candidate, person, committee [or entity,] , political party or nonprofit corporation, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a candidate, person, committee [or entity] , political party or nonprofit corporation that violates an applicable provision of this chapter is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  If a civil penalty is imposed because a candidate, person, committee [or entity] , political party or nonprofit corporation has reported its contributions, campaign expenses , independent expenditures or other expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

      (a) If the report is not more than 7 days late, $25 for each day the report is late.

      (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

      (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

 


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ê2013 Statutes of Nevada, Page 2415 (Chapter 425, AB 48)ê

 

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      Sec. 55. NRS 298.020 is hereby amended to read as follows:

      298.020  1.  Each major political party in this State, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall, at the state convention of the major political party held in that year, choose from the qualified electors, who are legally registered members of that political party, the number of presidential electors required by law and no more, who must be nominated by the delegates at the state convention. Upon the nomination thereof, the chair and the secretary of the convention shall certify the names and addresses of the nominees to the Secretary of State, who shall record the names in the Secretary of State’s office as the nominees of that political party for presidential elector.

      2.  Each minor political party in this State, qualified by law to place upon the general election ballot candidates for the office of President and Vice President of the United States in the year when they are to be elected, shall choose from the qualified electors, the number of presidential electors required by law. The person who is authorized to file the list of candidates for partisan office of the minor political party with the Secretary of State pursuant to NRS 293.1725 shall , not later than the last Tuesday in August, certify the names and addresses of the nominees to the Secretary of State, who shall record the names in the Secretary of State’s office as the nominees of that political party for presidential elector.

      Sec. 56. NRS 294A.360 is hereby repealed.

      Sec. 57.  This act becomes effective on July 1, 2013.

________

CHAPTER 426, AB 67

Assembly Bill No. 67–Committee on Judiciary

 

CHAPTER 426

 

[Approved: June 6, 2013]

 

AN ACT relating to crimes; authorizing victims of human trafficking to bring a civil action; amending various provisions concerning the investigation and prosecution of sex trafficking, involuntary servitude and trafficking in persons; amending various provisions concerning the crimes of pandering, sex trafficking, involuntary servitude and trafficking in persons; revising various provisions governing the penalties for pandering, sex trafficking, involuntary servitude and trafficking in persons; requiring a person convicted of sex trafficking to register as a sex offender; amending various provisions relating to victims of sex trafficking; revising provisions relating to the powers and duties of the Advocate for Missing or Exploited Children; providing penalties; and providing other matters properly relating thereto.

 


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ê2013 Statutes of Nevada, Page 2416 (Chapter 426, AB 67)ê

 

Legislative Counsel’s Digest:

      Existing law establishes the crime of pandering and provides that a person who is found guilty of pandering is guilty of a category B, C or D felony, depending on the circumstances surrounding the crime. (NRS 201.300-201.340) Existing law also creates the crimes of involuntary servitude and trafficking in persons. (NRS 200.463-200.468)

      Sections 1, 30-33, 40.7-44, 46-48 and 55 of this bill amend various provisions relating to the crimes of pandering, involuntary servitude and trafficking in persons. Section 30 increases the penalty for conspiracy to commit sex trafficking, involuntary servitude or trafficking in persons, and section 46 adds involuntary servitude and trafficking in persons to the list of crimes constituting racketeering activity. Sections 41-44 create the crime of sex trafficking, set forth the actions constituting the crimes of pandering and sex trafficking, and provide the terms of imprisonment and fines that must be imposed against a person convicted of pandering or sex trafficking. Section 42 further provides that a court may not grant probation to, or suspend the sentence of, a person convicted of sex trafficking and that certain defenses are not available in a prosecution for pandering or sex trafficking. Sections 32, 33 and 40 require a court to order a person convicted of sex trafficking, involuntary servitude or trafficking in persons to pay restitution to the victim of the crime. Section 47 authorizes victims of sex trafficking to obtain compensation from the Fund for Compensation of Victims of Crime. Section 48 prohibits the consideration of certain contributory conduct of a victim when considering compensation for a victim of sex trafficking. Finally, section 1 authorizes a victim of sex trafficking, involuntary servitude or trafficking in persons to bring a civil action against any person who caused, was responsible for or profited from the sex trafficking, involuntary servitude or trafficking in persons.

      Sections 4-6, 25, 34-39 and 49-51 of this bill revise provisions governing the investigation and prosecution of sex trafficking. Section 25 authorizes law enforcement agencies to intercept wire and oral communications during an investigation of sex trafficking, involuntary servitude and trafficking in persons upon compliance with existing law governing the interception of wire and oral communications by law enforcement agencies. Sections 4-6 provide that the provisions governing the statute of limitations for sex trafficking are the same as the provisions governing the statute of limitations for sexual assault. Finally, sections 34-39 and 49-51 provide that certain information relating to a victim of sex trafficking must be kept confidential.

      Existing law provides for the taking and the use at trial of videotaped depositions of certain victims in certain circumstances. (NRS 174.227, 174.228) Sections 10.3 and 10.7 of this bill authorize the taking and use at trial of videotaped depositions of victims of sex trafficking in certain circumstances.

      Existing law provides that a person convicted of pandering a child is required to register as an offender convicted of a crime against a child and is a Tier II offender for the purposes of offender registration and community notification. (NRS 179D.0357, 179D.115) Section 27 of this bill provides that a person convicted of sex trafficking an adult is required to register as a sex offender and is a Tier I offender for the purposes of sex offender registration and community notification.

      Section 40.3 of this bill gives the Attorney General and the district attorneys of the counties in this State concurrent jurisdiction to prosecute crimes involving pandering, sex trafficking and living from the earnings of a prostitute.

      Existing law creates the Office of Advocate for Missing or Exploited Children within the Office of the Attorney General and establishes the powers and duties of the Children’s Advocate. (NRS 432.157) Section 53 of this bill authorizes the Children’s Advocate to investigate and prosecute certain crimes. Section 53 also creates the Special Account for the Support of the Office of Advocate for Missing or Exploited Children and authorizes the Children’s Advocate to apply for and accept gifts, grants and donations to assist the Children’s Advocate in carrying out his or her duties.

 


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ê2013 Statutes of Nevada, Page 2417 (Chapter 426, AB 67)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 41 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person who is a victim of human trafficking may bring a civil action against any person who caused, was responsible for or profited from the human trafficking.

      2.  A civil action brought under this section may be instituted in the district court of this State in the county in which the prospective defendant resides or has committed any act which subjects him or her to liability under this section.

      3.  In an action brought under this section, the court may award such injunctive relief as the court deems appropriate.

      4.  A plaintiff who prevails in an action brought under this section may recover actual damages, compensatory damages, punitive damages or any other appropriate relief. If a plaintiff recovers actual damages in an action brought under this section and the acts of the defendant were willful and malicious, the court may award treble damages to the plaintiff. If the plaintiff prevails in an action brought under this section, the court may award attorney’s fees and costs to the plaintiff.

      5.  The statute of limitations for an action brought under this section does not commence until:

      (a) The plaintiff discovers or reasonably should have discovered that he or she is a victim of human trafficking and that the defendant caused, was responsible for or profited from the human trafficking;

      (b) The plaintiff reaches 18 years of age; or

      (c) If the injury to the plaintiff results from two or more acts relating to the human trafficking, the final act in the series of acts has occurred,

Ê whichever is later.

      6.  The statute of limitations for an action brought under this section is tolled for any period during which the plaintiff was under a disability. For the purposes of this subsection, a plaintiff is under a disability if the plaintiff is insane, a person with an intellectual disability, mentally incompetent or in a medically comatose or vegetative state.

      7.  A defendant in an action brought under this section is estopped from asserting that the action was not brought within the statute of limitations if the defendant, or any person acting on behalf of the defendant, has induced the plaintiff to delay bringing an action under this section by subjecting the plaintiff to duress, threats, intimidation, manipulation or fraud or any other conduct inducing the plaintiff to delay bringing an action under this section.

      8.  In the discretion of the court in an action brought under this section:

      (a) Two or more persons may join as plaintiffs in one action if the claims of those plaintiffs involve at least one defendant in common.

      (b) Two or more persons may be joined in one action as defendants if those persons may be liable to at least one plaintiff in common.

      9.  The consent of a victim is not a defense to a cause of action brought under this section.

 


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ê2013 Statutes of Nevada, Page 2418 (Chapter 426, AB 67)ê

 

      10.  For the purposes of this section:

      (a) A victim of human trafficking is a person against whom a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320, or 18 U.S.C. § 1589, 1590 or 1591 has been committed.

      (b) It is not necessary that the defendant be investigated, arrested, prosecuted or convicted for a violation of any provision of NRS 200.463 to 200.468, inclusive, 201.300 or 201.320, or 18 U.S.C. § 1589, 1590 or 1591 to be found liable in an action brought under this section.

      Secs. 2 and 3. (Deleted by amendment.)

      Sec. 4. NRS 171.083 is hereby amended to read as follows:

      171.083  1.  If, at any time during the period of limitation prescribed in NRS 171.085 and 171.095, a victim of a sexual assault , [or] a person authorized to act on behalf of a victim of a sexual assault , or a victim of sex trafficking or a person authorized to act on behalf of a victim of sex trafficking, files with a law enforcement officer a written report concerning the sexual assault [,] or sex trafficking, the period of limitation prescribed in NRS 171.085 and 171.095 is removed and there is no limitation of the time within which a prosecution for the sexual assault or sex trafficking must be commenced.

      2.  If a written report is filed with a law enforcement officer pursuant to subsection 1, the law enforcement officer shall provide a copy of the written report to the victim or the person authorized to act on behalf of the victim.

      3.  If a victim of a sexual assault or sex trafficking is under a disability during any part of the period of limitation prescribed in NRS 171.085 and 171.095 and a written report concerning the sexual assault or sex trafficking is not otherwise filed pursuant to subsection 1, the period during which the victim is under the disability must be excluded from any calculation of the period of limitation prescribed in NRS 171.085 and 171.095.

      4.  For the purposes of this section, a victim of a sexual assault or sex trafficking is under a disability if the victim is insane, [mentally retarded,] intellectually disabled, mentally incompetent or in a medically comatose or vegetative state.

      5.  As used in this section, “law enforcement officer” means:

      (a) A prosecuting attorney;

      (b) A sheriff of a county or the sheriff’s deputy;

      (c) An officer of a metropolitan police department or a police department of an incorporated city; or

      (d) Any other person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      Sec. 5. NRS 171.085 is hereby amended to read as follows:

      171.085  Except as otherwise provided in NRS 171.080, 171.083, 171.084 and 171.095, an indictment for:

      1.  Theft, robbery, burglary, forgery, arson, sexual assault, sex trafficking, a violation of NRS 90.570, a violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 or a violation of NRS 205.377 must be found, or an information or complaint filed, within 4 years after the commission of the offense.

      2.  Any felony other than the felonies listed in subsection 1 must be found, or an information or complaint filed, within 3 years after the commission of the offense.

 


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      Sec. 6. NRS 171.095 is hereby amended to read as follows:

      171.095  1.  Except as otherwise provided in subsection 2 and NRS 171.083 and 171.084:

      (a) If a felony, gross misdemeanor or misdemeanor is committed in a secret manner, an indictment for the offense must be found, or an information or complaint filed, within the periods of limitation prescribed in NRS 171.085, 171.090 and 624.800 after the discovery of the offense, unless a longer period is allowed by paragraph (b) or (c) or the provisions of NRS 202.885.

      (b) An indictment must be found, or an information or complaint filed, for any offense constituting sexual abuse of a child [,] as defined in NRS 432B.100 [,] or sex trafficking of a child as defined in NRS 201.300, before the victim [of the sexual abuse] is:

             (1) Twenty-one years old if the victim discovers or reasonably should have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches that age; or

             (2) Twenty-eight years old if the victim does not discover and reasonably should not have discovered that he or she was a victim of the sexual abuse or sex trafficking by the date on which the victim reaches 21 years of age.

      (c) If a felony is committed pursuant to NRS 205.461 to 205.4657, inclusive, against a victim who is less than 18 years of age at the time of the commission of the offense, an indictment for the offense must be found, or an information or complaint filed, within 4 years after the victim discovers or reasonably should have discovered the offense.

      2.  If any indictment found, or an information or complaint filed, within the time prescribed in subsection 1 is defective so that no judgment can be given thereon, another prosecution may be instituted for the same offense within 6 months after the first is abandoned.

      Secs. 7-10. (Deleted by amendment.)

      Sec. 10.3. NRS 174.227 is hereby amended to read as follows:

      174.227  1.  A court on its own motion or on the motion of the district attorney may, for good cause shown, order the taking of a videotaped deposition of:

      (a) A victim of sexual abuse as that term is defined in NRS 432B.100; [or]

      (b) A prospective witness in any criminal prosecution if the witness is less than 14 years of age [.] ; or

      (c) A victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300. There is a rebuttable presumption that good cause exists where the district attorney seeks to take the deposition of a person alleged to be the victim of sex trafficking.

Ê The court may specify the time and place for taking the deposition and the persons who may be present when it is taken.

      2.  The district attorney shall give every other party reasonable written notice of the time and place for taking the deposition. The notice must include the name of the person to be examined. On the motion of a party upon whom the notice is served, the court:

      (a) For good cause shown may release the address of the person to be examined; and

      (b) For cause shown may extend or shorten the time.

 


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      3.  If at the time such a deposition is taken, the district attorney anticipates using the deposition at trial, the court shall so state in the order for the deposition and the accused must be given the opportunity to cross-examine the deponent in the same manner as permitted at trial.

      4.  Except as limited by NRS 174.228, the court may allow the videotaped deposition to be used at any proceeding in addition to or in lieu of the direct testimony of the deponent. It may also be used by any party to contradict or impeach the testimony of the deponent as a witness. If only a part of the deposition is offered in evidence by a party, an adverse party may require the party to offer all of it which is relevant to the part offered and any party may offer other parts.

      Sec. 10.7. NRS 174.228 is hereby amended to read as follows:

      174.228  A court may allow a videotaped deposition to be used instead of the deponent’s testimony at trial only if:

      1.  In the case of a victim of sexual abuse, as that term is defined in NRS 432B.100:

      (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge who finds that:

             (1) The use of the videotaped deposition in lieu of testimony at trial is necessary to protect the welfare of the victim; and

             (2) The presence of the accused at trial would inflict trauma, more than minimal in degree, upon the victim; and

      (b) At the time a party seeks to use the deposition, the court determines that the conditions set forth in subparagraphs (1) and (2) of paragraph (a) continue to exist. The court may hold a hearing before the use of the deposition to make its determination.

      2.  In the case of a victim of sex trafficking as that term is defined in subsection 2 of NRS 201.300:

      (a) Before the deposition is taken, a hearing is held by a justice of the peace or district judge and the justice or judge finds that cause exists pursuant to paragraph (c) of subsection 1 of NRS 174.227; and

      (b) Before allowing the videotaped deposition to be used at trial, the court finds that the victim is unavailable as a witness.

      3.  In all cases:

      (a) A justice of the peace or district judge presides over the taking of the deposition;

      (b) The accused is able to hear and see the proceedings;

      (c) The accused is represented by counsel who, if physically separated from the accused, is able to communicate orally with the accused by electronic means;

      (d) The accused is given an adequate opportunity to cross-examine the deponent subject to the protection of the deponent deemed necessary by the court; and

      (e) The deponent testifies under oath.

      Secs. 11-23. (Deleted by amendment.)

      Sec. 24. 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:

 


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      (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,] , 201.320, 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.

      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. 25. NRS 179.460 is hereby amended to read as follows:

      179.460  1.  The Attorney General or the district attorney of any county may apply to a Supreme Court justice or to a district judge in the county where the interception is to take place for an order authorizing the interception of wire or oral communications, and the judge may, in accordance with NRS 179.470 to 179.515, inclusive, grant an order authorizing the interception of wire or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child , sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468 or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

 


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offense as to which the application is made, when the interception may provide evidence of the commission of murder, kidnapping, robbery, extortion, bribery, escape of an offender in the custody of the Department of Corrections, destruction of public property by explosives, a sexual offense against a child , sex trafficking, a violation of NRS 200.463, 200.464 or 200.465, trafficking in persons in violation of NRS 200.467 or 200.468 or the commission of any offense which is made a felony by the provisions of chapter 453 or 454 of NRS.

      2.  A good faith reliance by a public utility on a court order shall constitute a complete defense to any civil or criminal action brought against the public utility on account of any interception made pursuant to the order.

      3.  As used in this section, “sexual offense against a child” includes any act upon a child constituting:

      (a) Incest pursuant to NRS 201.180;

      (b) Lewdness with a child pursuant to NRS 201.230;

      (c) Sado-masochistic abuse pursuant to NRS 201.262;

      (d) Sexual assault pursuant to NRS 200.366;

      (e) Statutory sexual seduction pursuant to NRS 200.368;

      (f) Open or gross lewdness pursuant to NRS 201.210; or

      (g) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      Sec. 26. NRS 179D.0357 is hereby amended to read as follows:

      179D.0357  “Crime against a child” means any of the following offenses if the victim of the offense was less than 18 years of age when the offense was committed:

      1.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive, unless the offender is the parent or guardian of the victim.

      2.  False imprisonment pursuant to NRS 200.460, unless the offender is the parent or guardian of the victim.

      3.  An offense involving [pandering] sex trafficking pursuant to subsection 2 of NRS 201.300 or prostitution pursuant to NRS [201.300 to 201.340, inclusive.] 201.320.

      4.  An attempt to commit an offense listed in this section.

      5.  An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      6.  An offense against a child committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as an offender who has committed a crime against a child because of the offense. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court.

      (b) A court of the United States or the Armed Forces of the United States.

      (c) A court having jurisdiction over juveniles.

 


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      Sec. 27. NRS 179D.097 is hereby amended to read as follows:

      179D.097  1.  “Sexual offense” means any of the following offenses:

      (a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

      (b) Sexual assault pursuant to NRS 200.366.

      (c) Statutory sexual seduction pursuant to NRS 200.368.

      (d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.

      (e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section.

      (f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section.

      (g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

      (h) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

      (i) Incest pursuant to NRS 201.180.

      (j) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      (k) Open or gross lewdness pursuant to NRS 201.210.

      (l) Indecent or obscene exposure pursuant to NRS 201.220.

      (m) Lewdness with a child pursuant to NRS 201.230.

      (n) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (o) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      (p) Sex trafficking pursuant to NRS 201.300.

      (q) Any other offense that has an element involving a sexual act or sexual conduct with another.

      [(q)](r) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(p),] (q), inclusive.

      [(r)](s) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      [(s)](t) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this section. This paragraph includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

             (2) A court of the United States or the Armed Forces of the United States.

      [(t)](u) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This paragraph includes, without limitation, an offense prosecuted in:

 

 


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             (1) A tribal court.

             (2) A court of the United States or the Armed Forces of the United States.

             (3) A court having jurisdiction over juveniles.

      2.  The term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 28. NRS 179D.115 is hereby amended to read as follows:

      179D.115  “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:

      1.  If committed against a child, constitutes:

      (a) Luring a child pursuant to NRS 201.560, if punishable as a felony;

      (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      (c) An offense involving [pandering] sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS [201.300 to 201.340, inclusive;] 201.320;

      (d) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive; or

      (e) Any other offense that is comparable to or more severe than the offenses described in 42 U.S.C. § 16911(3);

      2.  Involves an attempt or conspiracy to commit any offense described in subsection 1;

      3.  If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court; or

      (b) A court of the United States or the Armed Forces of the United States; or

      4.  Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.

      Sec. 29. NRS 179D.495 is hereby amended to read as follows:

      179D.495  If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph [(p)] (q) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.

      Sec. 30. NRS 199.480 is hereby amended to read as follows:

      199.480  1.  Except as otherwise provided in subsection 2, whenever two or more persons conspire to commit murder, robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

 


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NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300 or a violation of NRS 205.463, each person is guilty of a category B felony and shall be punished:

      (a) If the conspiracy was to commit robbery, sexual assault, kidnapping in the first or second degree, arson in the first or second degree, involuntary servitude in violation of NRS 200.463 or 200.464, a violation of any provision of NRS 200.465, trafficking in persons in violation of NRS 200.467 or 200.468, sex trafficking in violation of NRS 201.300 or a violation of NRS 205.463, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; or

      (b) If the conspiracy was to commit murder, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years,

Ê and may be further punished by a fine of not more than $5,000.

      2.  If the conspiracy subjects the conspirators to criminal liability under NRS 207.400, they shall be punished in the manner provided in NRS 207.400.

      3.  Whenever two or more persons conspire:

      (a) To commit any crime other than those set forth in subsections 1 and 2, and no punishment is otherwise prescribed by law;

      (b) Falsely and maliciously to procure another to be arrested or proceeded against for a crime;

      (c) Falsely to institute or maintain any action or proceeding;

      (d) To cheat or defraud another out of any property by unlawful or fraudulent means;

      (e) To prevent another from exercising any lawful trade or calling, or from doing any other lawful act, by force, threats or intimidation, or by interfering or threatening to interfere with any tools, implements or property belonging to or used by another, or with the use or employment thereof;

      (f) To commit any act injurious to the public health, public morals, trade or commerce, or for the perversion or corruption of public justice or the due administration of the law; or

      (g) To accomplish any criminal or unlawful purpose, or to accomplish a purpose, not in itself criminal or unlawful, by criminal or unlawful means,

Ê each person is guilty of a gross misdemeanor.

      Sec. 31. Chapter 200 of NRS is hereby amended by adding thereto the provisions set forth as sections 32 and 33 of this act.

      Sec. 32. 1.  In addition to any other penalty, the court may order a person convicted of a violation of any provision of NRS 200.463, 200.464 or 200.465 to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

 


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      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 200.463, 200.464 or 200.465.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 200.463, 200.464 or 200.465 has been committed; or

      (b) Who is the surviving child of such a person.

      Sec. 33. 1.  In addition to any other penalty, the court may order a person convicted of violation of any provision of NRS 200.467 or 200.468 to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 200.467 or 200.468.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 200.467 or 200.468 has been committed; or

      (b) Who is the surviving child of such a person.

      Sec. 34. NRS 200.364 is hereby amended to read as follows:

      200.364  As used in NRS 200.364 to 200.3784, inclusive, unless the context otherwise requires:

      1.  “Offense involving a pupil” means any of the following offenses:

      (a) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (b) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      2.  “Perpetrator” means a person who commits a sexual offense , [or] an offense involving a pupil [.] or sex trafficking.

      3.  “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      4.  “Sexual offense” means any of the following offenses:

      (a) Sexual assault pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      [4.]5.  “Sexual penetration” means cunnilingus, fellatio, or any intrusion, however slight, of any part of a person’s body or any object manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

 


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manipulated or inserted by a person into the genital or anal openings of the body of another, including sexual intercourse in its ordinary meaning.

      [5.]6.  “Statutory sexual seduction” means:

      (a) Ordinary sexual intercourse, anal intercourse, cunnilingus or fellatio committed by a person 18 years of age or older with a person under the age of 16 years; or

      (b) Any other sexual penetration committed by a person 18 years of age or older with a person under the age of 16 years with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of either of the persons.

      [6.]7.  “Victim” means a person who is a victim of a sexual offense , [or] an offense involving a pupil [.] or sex trafficking.

      Sec. 35. NRS 200.377 is hereby amended to read as follows:

      200.377  The Legislature finds and declares that:

      1.  This State has a compelling interest in assuring that the victim of a sexual offense , [or] an offense involving a pupil [:] or sex trafficking:

      (a) Reports the sexual offense , [or] offense involving a pupil or sex trafficking to the appropriate authorities;

      (b) Cooperates in the investigation and prosecution of the sexual offense , [or] offense involving a pupil [;] or sex trafficking; and

      (c) Testifies at the criminal trial of the person charged with committing the sexual offense , [or] offense involving a pupil [.] or sex trafficking.

      2.  The fear of public identification and invasion of privacy are fundamental concerns for the victims of sexual offenses , [or] offenses involving a pupil [.] or sex trafficking. If these concerns are not addressed and the victims are left unprotected, the victims may refrain from reporting and prosecuting sexual offenses , [or] offenses involving a pupil [.] or sex trafficking.

      3.  A victim of a sexual offense , [or] an offense involving a pupil or sex trafficking may be harassed, intimidated and psychologically harmed by a public report that identifies the victim. A sexual offense , [or] an offense involving a pupil or sex trafficking is, in many ways, a unique, distinctive and intrusive personal trauma. The consequences of identification are often additional psychological trauma and the public disclosure of private personal experiences.

      4.  Recent public criminal trials have focused attention on these issues and have dramatized the need for basic protections for the victims of sexual offenses , [or] offenses involving a pupil [.] or sex trafficking.

      5.  The public has no overriding need to know the individual identity of the victim of a sexual offense , [or] an offense involving a pupil [.] or sex trafficking.

      6.  The purpose of NRS 200.3771 to 200.3774, inclusive, is to protect the victims of sexual offenses , [and] offenses involving a pupil or sex trafficking from harassment, intimidation, psychological trauma and the unwarranted invasion of their privacy by prohibiting the disclosure of their identities to the public.

      Sec. 36. NRS 200.3771 is hereby amended to read as follows:

      200.3771  1.  Except as otherwise provided in this section, any information which is contained in:

      (a) Court records, including testimony from witnesses;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

 


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      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê that reveals the identity of a victim of a sexual offense , [or] an offense involving a pupil or sex trafficking is confidential, including but not limited to the victim’s photograph, likeness, name, address or telephone number.

      2.  A defendant charged with a sexual offense , [or] an offense involving a pupil or sex trafficking and the defendant’s attorney are entitled to all identifying information concerning the victim in order to prepare the defense of the defendant. The defendant and the defendant’s attorney shall not disclose this information except, as necessary, to those persons directly involved in the preparation of the defense.

      3.  A court of competent jurisdiction may authorize the release of the identifying information, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the disclosure;

      (b) The disclosure will not place the victim at risk of personal harm; and

      (c) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      4.  Nothing in this section prohibits:

      (a) Any publication or broadcast by the media concerning a sexual offense , [or] an offense involving a pupil [.] or sex trafficking.

      (b) The disclosure of identifying information to any nonprofit organization or public agency whose purpose is to provide counseling, services for the management of crises or other assistance to the victims of crimes if:

             (1) The organization or agency needs identifying information of victims to offer such services; and

             (2) The court or a law enforcement agency approves the organization or agency for the receipt of the identifying information.

      5.  The willful violation of any provision of this section or the willful neglect or refusal to obey any court order made pursuant thereto is punishable as criminal contempt.

      Sec. 37. NRS 200.3772 is hereby amended to read as follows:

      200.3772  1.  A victim of a sexual offense , [or] an offense involving a pupil or sex trafficking may choose a pseudonym to be used instead of the victim’s name on all files, records and documents pertaining to the sexual offense , [or] offense involving a pupil [,] or sex trafficking, including, without limitation, criminal intelligence and investigative reports, court records and media releases.

      2.  A victim who chooses to use a pseudonym shall file a form to choose a pseudonym with the law enforcement agency investigating the sexual offense , [or] offense involving a pupil [.] or sex trafficking. The form must be provided by the law enforcement agency.

      3.  If the victim files a form to use a pseudonym, as soon as practicable the law enforcement agency shall make a good faith effort to:

      (a) Substitute the pseudonym for the name of the victim on all reports, files and records in the agency’s possession; and

      (b) Notify the prosecuting attorney of the pseudonym.

Ê The law enforcement agency shall maintain the form in a manner that protects the confidentiality of the information contained therein.

 


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      4.  Upon notification that a victim has elected to be designated by a pseudonym, the court shall ensure that the victim is designated by the pseudonym in all legal proceedings concerning the sexual offense , [or] offense involving a pupil [.] or sex trafficking.

      5.  The information contained on the form to choose a pseudonym concerning the actual identity of the victim is confidential and must not be disclosed to any person other than the defendant or the defendant’s attorney unless a court of competent jurisdiction orders the disclosure of the information. The disclosure of information to a defendant or the defendant’s attorney is subject to the conditions and restrictions specified in subsection 2 of NRS 200.3771. A person who violates this subsection is guilty of a misdemeanor.

      6.  A court of competent jurisdiction may order the disclosure of the information contained on the form only if it finds that the information is essential in the trial of the defendant accused of the sexual offense , [or] offense involving a pupil or sex trafficking, or the identity of the victim is at issue.

      7.  A law enforcement agency that complies with the requirements of this section is immune from civil liability for unknowingly or unintentionally:

      (a) Disclosing any information contained on the form filed by a victim pursuant to this section that reveals the identity of the victim; or

      (b) Failing to substitute the pseudonym of the victim for the name of the victim on all reports, files and records in the agency’s possession.

      Sec. 38. NRS 200.3773 is hereby amended to read as follows:

      200.3773  1.  A public officer or employee who has access to any records, files or other documents which include the photograph, likeness, name, address, telephone number or other fact or information that reveals the identity of a victim of a sexual offense , [or] an offense involving a pupil or sex trafficking shall not intentionally or knowingly disclose the identifying information to any person other than:

      (a) The defendant or the defendant’s attorney;

      (b) A person who is directly involved in the investigation, prosecution or defense of the case;

      (c) A person specifically named in a court order issued pursuant to NRS 200.3771; or

      (d) A nonprofit organization or public agency approved to receive the information pursuant to NRS 200.3771.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 39. NRS 200.3774 is hereby amended to read as follows:

      200.3774  The provisions of NRS 200.3771, 200.3772 and 200.3773 do not apply if the victim of the sexual offense , [or] offense involving a pupil or sex trafficking voluntarily waives, in writing, the confidentiality of the information concerning the victim’s identity.

      Sec. 40. Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 40.3 and 40.7 of this act.

      Sec. 40.3. 1.  The Attorney General has concurrent jurisdiction with the district attorneys of the counties in this State to prosecute any violation of NRS 201.300 or 201.320.

 


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      2.  When acting pursuant to this section, the Attorney General may commence an investigation and file a criminal action without leave of court and the Attorney General has exclusive charge of the conduct of the prosecution.

      Sec. 40.7. 1.  In addition to any other penalty, the court may order a person convicted of a violation of any provision of NRS 201.300 or 201.320 to pay restitution to the victim as provided in subsection 2.

      2.  Restitution ordered pursuant to this section may include, without limitation:

      (a) The cost of medical and psychological treatment, including, without limitation, physical and occupational therapy and rehabilitation;

      (b) The cost of transportation, temporary housing and child care;

      (c) The return of property, the cost of repairing damaged property or the full value of the property if it is destroyed or damaged beyond repair;

      (d) Expenses incurred by a victim in relocating away from the defendant or his or her associates, if the expenses are verified by law enforcement to be necessary for the personal safety of the victim;

      (e) The cost of repatriation of the victim to his or her home country, if applicable; and

      (f) Any and all other losses suffered by the victim as a result of the violation of any provision of NRS 201.300 or 201.320.

      3.  The return of the victim to his or her home country or other absence of the victim from the jurisdiction does not prevent the victim from receiving restitution.

      4.  As used in this section, “victim” means any person:

      (a) Against whom a violation of any provision of NRS 201.300 or 201.320 has been committed; or

      (b) Who is the surviving child of such a person.

      Sec. 41. NRS 201.295 is hereby amended to read as follows:

      201.295  As used in NRS 201.295 to 201.440, inclusive, and sections 40.3 and 40.7 of this act, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

      3.  “Induce” means to persuade, encourage, inveigle or entice.

      4.  “Prostitute” means a male or female person who for a fee , monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      [4.] 5.  “Prostitution” means engaging in sexual conduct with another person in return for a fee [.

      5.] , monetary consideration or other thing of value.

      6.  “Sexual conduct” means any of the acts enumerated in subsection [3.] 4.

      7.  “Transports” means to transport or cause to be transported, by any means of conveyance, into, through or across this State, or to aid or assist in obtaining such transportation.

      Sec. 42. NRS 201.300 is hereby amended to read as follows:

      201.300  1.  A person who [:

      (a) Induces, persuades, encourages, inveigles, entices or compels a person to] , without physical force or the immediate threat of physical force, induces an adult to unlawfully become a prostitute or to continue to engage in prostitution [;] , or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution

 


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engage in prostitution [;] , or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution

      [(b) By threats, violence or by any device or scheme, causes, induces, persuades, encourages, takes, places, harbors, inveigles or entices a person to become an inmate of a house of prostitution or assignation place, or any place where prostitution is practiced, encouraged or allowed;

      (c) By threats, violence, or by any device or scheme, by fraud or artifice, or by duress of person or goods, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of prostitution;

      (d) By promises, threats, violence, or by any device or scheme, by fraud or artifice, by duress of person or goods, or abuse of any position of confidence or authority or having legal charge, takes, places, harbors, inveigles, entices, persuades, encourages or procures a person of previous chaste character to enter any place within this state in which prostitution is practiced, encouraged or allowed, for the purpose of sexual intercourse;

      (e) Takes or detains a person with the intent to compel the person by force, threats, menace or duress to marry him or her or any other person; or

      (f) Receives, gives or agrees to receive or give any money or thing of value for procuring or attempting to procure a person to become a prostitute or to come into this state or leave this state for the purpose of prostitution,

Ê is guilty of pandering.

      2.  A person who is found guilty of pandering:

      (a) An adult:

             (1) If physical force or the immediate threat of physical force is used upon the adult, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

             (2) If no physical force or immediate threat of physical force is used upon the adult,] is guilty of pandering which is a category [D] C felony and shall be punished as provided in NRS 193.130.

      [(b) A child:

             (1) If physical force or the immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $20,000.

             (2) If no physical force or immediate threat of physical force is used upon the child, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years and may be further punished by a fine of not more than $10,000.

      3.]  This [section] subsection does not apply to the customer of a prostitute.

      2.  A person:

      (a) Is guilty of sex trafficking if the person:

             (1) Induces, causes, recruits, harbors, transports, provides, obtains or maintains a child to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

 


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             (2) Induces, recruits, harbors, transports, provides, obtains or maintains a person by any means, knowing, or in reckless disregard of the fact, that threats, violence, force, intimidation, fraud, duress or coercion will be used to cause the person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution;

             (3) By threats, violence, force, intimidation, fraud, duress, coercion, by any device or scheme, or by abuse of any position of confidence or authority, or having legal charge, takes, places, harbors, induces, causes, compels or procures a person to engage in prostitution, or to enter any place within this State in which prostitution is practiced, encouraged or allowed for the purpose of sexual conduct or prostitution; or

             (4) Takes or detains a person with the intent to compel the person by force, violence, threats or duress to marry him or her or any other person.

      (b) Who is found guilty of sex trafficking:

             (1) An adult is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.

             (2) A child:

                   (I) If the child is less than 14 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 15 years has been served, and may be further punished by a fine of not more than $20,000.

                   (II) If the child is at least 14 years of age but less than 16 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served, and may be further punished by a fine of not more than $10,000.

                   (III) If the child is at least 16 years of age but less than 18 years of age when the offense is committed, is guilty of a category A felony and shall be punished by imprisonment in the state prison for life with the possibility of parole, with eligibility for parole beginning when a minimum of 5 years has been served, and may be further punished by a fine of not more than $10,000.

      3.  A court shall not grant probation to or suspend the sentence of a person convicted of sex trafficking a child pursuant to subsection 2.

      4.  Consent of a victim of pandering or sex trafficking to an act of prostitution is not a defense to a prosecution for any of the acts prohibited by this section.

      5.  In a prosecution for sex trafficking a child pursuant to subsection 2, it is not a defense that the defendant did not have knowledge of the victim’s age, nor is reasonable mistake of age a valid defense to a prosecution conducted pursuant to subsection 2.

      Sec. 43. NRS 201.350 is hereby amended to read as follows:

      201.350  It shall not be a defense to a prosecution for any of the acts prohibited in NRS 201.300 [to 201.340, inclusive,] or 201.320 that any part of such act or acts shall have been committed outside this state, and the offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.

 


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offense shall in such case be deemed and alleged to have been committed, and the offender tried and punished, in any county in which the prostitution was consummated, or any overt act in furtherance of the offense shall have been committed.

      Sec. 43.5. NRS 201.351 is hereby amended to read as follows:

      201.351  1.  All assets derived from or relating to any violation of NRS 201.300 [to 201.340, inclusive, in which the victim of the offense is a child when the offense is committed] or 201.320 are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

      2.  In any proceeding for forfeiture brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to forfeiture pursuant to this section if:

      (a) The forfeitable property is in the possession or control of the party against whom the order will be entered; and

      (b) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.

      3.  A temporary restraining order which is issued without notice may be issued for not more than [10] 30 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.

      4.  Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution or for services to victims which are designated to receive such distributions by the district attorney of the county.

      Sec. 44. NRS 201.352 is hereby amended to read as follows:

      201.352  1.  If a person is convicted of a violation of [any provision] subsection 2 of NRS 201.300 [to 201.340, inclusive, and] or NRS 201.320, the victim of the violation is a child [who is:

      (a) At least 14 years of age but less than 18 years of age when the offense is committed, the court may, in addition to the punishment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $100,000.

      (b) Less than 14 years of age] when the offense is committed [,] and physical force or violence or the immediate threat of physical force or violence is used upon the child, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.

      2.  If a person is convicted of a violation of [any provision] subsection 2 of NRS 201.300 [to 201.340, inclusive,] or NRS 201.320, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of subsection 2 of NRS 201.300 [to 201.340, inclusive,] or NRS 201.320, the court may, in addition to the punishment prescribed by statute for the offense of a provision of subsection 2 of NRS 201.300 [to 201.340, inclusive,] or NRS 201.320 and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.

 


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      3.  The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      Sec. 45. NRS 202.876 is hereby amended to read as follows:

      202.876  “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:

      1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

      2.  Mayhem pursuant to NRS 200.280.

      3.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

      4.  Sexual assault pursuant to NRS 200.366.

      5.  Robbery pursuant to NRS 200.380.

      6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

      7.  Battery with intent to commit a crime pursuant to NRS 200.400.

      8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

      9.  False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      10.  Assault with a deadly weapon pursuant to NRS 200.471.

      11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.

      12.  An offense involving pornography and a minor pursuant to NRS 200.710 or 200.720.

      13.  Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

      14.  Intentional transmission of the human immunodeficiency virus pursuant to NRS 201.205.

      15.  Open or gross lewdness pursuant to NRS 201.210.

      16.  Lewdness with a child pursuant to NRS 201.230.

      17.  An offense involving pandering or sex trafficking in violation of NRS 201.300 or prostitution in violation of NRS [201.300,] 201.320 . [or 201.340.]

      18.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      19.  An attempt, conspiracy or solicitation to commit an offense listed in subsections 1 to 18, inclusive.

      Sec. 46. NRS 207.360 is hereby amended to read as follows:

      207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

      1.  Murder;

      2.  Manslaughter, except vehicular manslaughter as described in NRS 484B.657;

      3.  Mayhem;

      4.  Battery which is punished as a felony;

      5.  Kidnapping;

      6.  Sexual assault;

 


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      7.  Arson;

      8.  Robbery;

      9.  Taking property from another under circumstances not amounting to robbery;

      10.  Extortion;

      11.  Statutory sexual seduction;

      12.  Extortionate collection of debt in violation of NRS 205.322;

      13.  Forgery;

      14.  Any violation of NRS 199.280 which is punished as a felony;

      15.  Burglary;

      16.  Grand larceny;

      17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

      18.  Battery with intent to commit a crime in violation of NRS 200.400;

      19.  Assault with a deadly weapon;

      20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

      21.  Receiving or transferring a stolen vehicle;

      22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

      23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

      24.  Receiving, possessing or withholding stolen goods valued at $650 or more;

      25.  Embezzlement of money or property valued at $650 or more;

      26.  Obtaining possession of money or property valued at $650 or more, or obtaining a signature by means of false pretenses;

      27.  Perjury or subornation of perjury;

      28.  Offering false evidence;

      29.  Any violation of NRS 201.300 , 201.320 or 201.360;

      30.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

      31.  Any violation of NRS 205.506, 205.920 or 205.930;

      32.  Any violation of NRS 202.445 or 202.446; [or]

      33.  Any violation of NRS 205.377 [.] ;

      34.  Involuntary servitude in violation of any provision of NRS 200.463 or 200.464 or a violation of any provision of NRS 200.465; or

      35.  Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      Sec. 47. NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

 


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      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484E.010;

      6.  An older person who is abused, neglected, exploited or isolated in violation of NRS 200.5099 or 200.50995; [or]

      7.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1) [.] ; or

      8.  A person who is trafficked in violation of subsection 2 of NRS 201.300.

Ê The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.

      Sec. 48. NRS 217.180 is hereby amended to read as follows:

      217.180  1.  Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim, the prior case or social history, if any, of the victim, the need of the victim or the dependents of the victim for financial aid and other relevant matters.

      2.  If the case involves a victim of domestic violence , [or] sexual assault [,] or sex trafficking, the compensation officer shall not consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.

      3.  If the applicant has received or is likely to receive an amount on account of the applicant’s injury or the death of another from:

      (a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;

      (b) Insurance;

      (c) The employer of the victim; or

      (d) Another private or public source or program of assistance,

Ê the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Board the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.

      4.  An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.

      5.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Public source or program of assistance” means:

             (1) Public assistance, as defined in NRS 422.050 and 422A.065;

             (2) Social services provided by a social service agency, as defined in NRS 430A.080; or

             (3) Other assistance provided by a public entity.

      (c) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      (d) “Sexual assault” has the meaning ascribed to it in NRS 200.366.

 


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      Sec. 49. NRS 217.400 is hereby amended to read as follows:

      217.400  As used in NRS 217.400 to 217.475, inclusive, unless the context otherwise requires:

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

      2.  “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

      3.  “Domestic violence” means:

      (a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.

      (b) Any of the following acts committed by a person against a family or household member, a person with whom he or she had or is having a dating relationship or with whom he or she has a child in common, or upon his or her minor child or a minor child of that person:

             (1) A battery.

             (2) An assault.

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

             (4) A sexual assault.

             (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, without limitation:

                   (I) Stalking.

                   (II) Arson.

                   (III) Trespassing.

                   (IV) Larceny.

                   (V) Destruction of private property.

                   (VI) Carrying a concealed weapon without a permit.

             (6) False imprisonment.

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

      4.  “Family or household member” means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.

      5.  “Participant” means an adult, child or incompetent person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      6.  “Victim of domestic violence” includes the dependent children of the victim.

      7.  “Victim of human trafficking” means a person who is a victim of:

      (a) Involuntary servitude as set forth in NRS 200.463 or 200.464.

      (b) A violation of any provision of NRS 200.465.

      (c) Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      (d) Sex trafficking in violation of any provision of NRS 201.300.

      (e) A violation of NRS 201.320.

 


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ê2013 Statutes of Nevada, Page 2438 (Chapter 426, AB 67)ê

 

      8.  “Victim of sexual assault” means a person who has been sexually assaulted as defined in NRS 200.366 or a person upon whom a sexual assault has been attempted.

      [8.]9.  “Victim of stalking” means a person who is a victim of the crime of stalking or aggravated stalking as set forth in NRS 200.575.

      Sec. 50. NRS 217.462 is hereby amended to read as follows:

      217.462  1.  An adult person, a parent or guardian acting on behalf of a child, or a guardian acting on behalf of an incompetent person may apply to the Secretary of State to have a fictitious address designated by the Secretary of State serve as the address of the adult, child or incompetent person.

      2.  An application for the issuance of a fictitious address must include:

      (a) Specific evidence showing that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application;

      (b) The address that is requested to be kept confidential;

      (c) A telephone number at which the Secretary of State may contact the applicant;

      (d) A question asking whether the person wishes to:

             (1) Register to vote; or

             (2) Change the address of his or her current registration;

      (e) A designation of the Secretary of State as agent for the adult, child or incompetent person for the purposes of:

             (1) Service of process; and

             (2) Receipt of mail;

      (f) The signature of the applicant;

      (g) The date on which the applicant signed the application; and

      (h) Any other information required by the Secretary of State.

      3.  It is unlawful for a person knowingly to attest falsely or provide incorrect information in the application. A person who violates this subsection is guilty of a misdemeanor.

      4.  The Secretary of State shall approve an application if it is accompanied by specific evidence, such as a copy of an applicable record of conviction, a temporary restraining order or other protective order, that the adult, child or incompetent person has been a victim of domestic violence, human trafficking, sexual assault or stalking before the filing of the application.

      5.  The Secretary of State shall approve or disapprove an application for a fictitious address within 5 business days after the application is filed.

      Sec. 51. NRS 217.468 is hereby amended to read as follows:

      217.468  1.  Except as otherwise provided in subsections 2 and 3, the Secretary of State shall cancel the fictitious address of a participant 4 years after the date on which the Secretary of State approved the application.

      2.  The Secretary of State shall not cancel the fictitious address of a participant if, before the fictitious address of the participant is cancelled, the participant shows to the satisfaction of the Secretary of State that the participant remains in imminent danger of becoming a victim of domestic violence, human trafficking, sexual assault or stalking.

      3.  The Secretary of State may cancel the fictitious address of a participant at any time if:

 


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ê2013 Statutes of Nevada, Page 2439 (Chapter 426, AB 67)ê

 

      (a) The participant changes his or her confidential address from the one listed in the application and fails to notify the Secretary of State within 48 hours after the change of address;

      (b) The Secretary of State determines that false or incorrect information was knowingly provided in the application; or

      (c) The participant files a declaration or acceptance of candidacy pursuant to NRS 293.177 or 293C.185.

      Sec. 52. NRS 432.153 is hereby amended to read as follows:

      432.153  It is the intent of the Legislature that law enforcement agencies in this State give a high priority to the investigation of crimes concerning missing and exploited children.

      Sec. 53. NRS 432.157 is hereby amended to read as follows:

      432.157  1.  The Office of Advocate for Missing or Exploited Children is hereby created within the Office of the Attorney General. The Advocate for Missing or Exploited Children may be known as the Children’s Advocate.

      2.  The Attorney General shall appoint the Children’s Advocate. The Children’s Advocate is in the unclassified service of the State.

      3.  The Children’s Advocate:

      (a) Must be an attorney licensed to practice law in this state;

      (b) Shall advise and represent the Clearinghouse on all matters concerning missing or exploited children in this state; and

      (c) Shall advocate the best interests of missing or exploited children before any public or private body.

      4.  The Children’s Advocate may:

      (a) Appear as an amicus curiae on behalf of missing or exploited children in any court in this state;

      (b) If requested, advise a political subdivision of this state concerning its duty to protect missing or exploited children; [and]

      (c) Recommend legislation concerning missing or exploited children [.] ; and

      (d) Investigate and prosecute any alleged crime involving the exploitation of children, including, without limitation, sex trafficking in violation of subsection 2 of NRS 201.300 or a violation of NRS 201.320.

      5.  Upon request by the Children’s Advocate, a district attorney or local law enforcement agency in this state shall provide all information and assistance necessary to assist the Children’s Advocate in carrying out the provisions of this section.

      6.  The Children’s Advocate may apply for any available grants and accept gifts, grants, bequests, appropriations or donations to assist the Children’s Advocate in carrying out his or her duties pursuant to this section. Any money received by the Children’s Advocate must be deposited in the Special Account for the Support of the Office of Advocate for Missing or Exploited Children, which is hereby created in the State General Fund.

      7.  Interest and income earned on money in the Special Account must be credited to the Special Account.

      8.  Money in the Special Account may only be used for the support of the Office of Advocate for Missing or Exploited Children and its activities pursuant to subsection 2 of NRS 201.300, NRS 201.320 and 432.150 to 432.220, inclusive.

 


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ê2013 Statutes of Nevada, Page 2440 (Chapter 426, AB 67)ê

 

      9.  Money in the Special Account must remain in the Special Account and must not revert to the State General Fund at the end of any fiscal year.

      Sec. 54. (Deleted by amendment.)

      Sec. 55. NRS 201.310, 201.330 and 201.340 are hereby repealed.

      Sec. 56.  This act becomes effective on July 1, 2013.

________

CHAPTER 427, AB 311

Assembly Bill No. 311–Assemblymen Sprinkle, Hambrick, Horne, Frierson, Bobzien; Dondero Loop, Duncan, Kirkpatrick and Oscarson

 

CHAPTER 427

 

[Approved: June 6, 2013]

 

AN ACT relating to victims of crime; creating the Contingency Account for Victims of Human Trafficking in the State General Fund; authorizing the Director of the Department of Health and Human Services to allocate money from the Account to nonprofit corporations and agencies and political subdivisions of this State for the purposes of establishing or providing programs and services to victims of human trafficking; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law prohibits holding a person in involuntary servitude, assuming ownership over a person, the purchase or sale of a person, trafficking in persons, pandering and living from the earnings of a prostitute. (NRS 200.463, 200.464, 200.465, 200.467, 200.468, 201.310-201.340) Section 4 of this bill defines a victim of any of those crimes as a “victim of human trafficking.”

      Section 5 of this bill creates the Contingency Account for Victims of Human Trafficking in the State General Fund to be administered by the Director of the Department of Health and Human Services. Section 5 also requires that funds in the Contingency Account be expended only for establishing or providing programs or services to victims of human trafficking. Section 5 authorizes the Director to apply for and accept gifts, grants and donations or any other source of money for deposit into the Contingency Account. Finally, section 5 provides that money remaining in the Contingency Account at the end of each fiscal year does not revert to the State General Fund and is required to be carried over into the next fiscal year.

      Section 6 of this bill authorizes a nonprofit organization or an agency or political subdivision of this State to apply for an allocation of money from the Contingency Account. Section 6 requires the Grants Management Advisory Committee within the Department of Health and Human Services to review such applications and make recommendations to the Director of the Department concerning allocations of money from the Contingency Account to applicants. Section 6 authorizes the Director to make allocations of money from the Contingency Account and place such conditions on the acceptance of an allocation as the Director determines are necessary, including, without limitation, requiring the submission of periodic reports concerning the use of an allocation by the recipient. Section 6 also requires that the recipient of an allocation of money from the Contingency Account use the money to establish or provide programs or services to victims of human trafficking.

 


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ê2013 Statutes of Nevada, Page 2441 (Chapter 427, AB 311)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 217 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in sections 2 to 6, 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. “Contingency Account” means the Contingency Account for Victims of Human Trafficking created by section 5 of this act.

      Sec. 4. “Victim of human trafficking” means a person who is a victim of:

      1.  Involuntary servitude as set forth in NRS 200.463 or 200.464.

      2.  A violation of any provision of NRS 200.465.

      3.  Trafficking in persons in violation of any provision of NRS 200.467 or 200.468.

      4.  Pandering in violation of any provision of NRS 201.300, 201.310, 201.330 or 201.340.

      5.  A violation of NRS 201.320.

      Sec. 5. 1.  The Contingency Account for Victims of Human Trafficking is hereby created in the State General Fund.

      2.  The Director of the Department of Health and Human Services shall administer the Contingency Account. The money in the Contingency Account must be expended only for the purpose of establishing or providing programs or services to victims of human trafficking and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      3.  The Director may apply for and accept gifts, grants and donations or other sources of money for deposit in the Contingency Account.

      4.  The interest and income earned on the money in the Contingency Account, after deducting any applicable charges, must be credited to the Contingency Account.

      5.  Any money remaining in the Contingency Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Contingency Account must be carried forward to the next fiscal year.

      Sec. 6. 1.  A nonprofit organization or any agency or political subdivision of this State may apply to the Director of the Department of Health and Human Services for an allocation of money from the Contingency Account.

      2.  The Grants Management Advisory Committee created by NRS 232.383 shall review applications received by the Director pursuant to subsection 1 and make recommendations to the Director concerning allocations of money from the Contingency Account to applicants.

      3.  The Director may make allocations of money from the Contingency Account to applicants and may place such conditions on the acceptance of such an allocation as the Director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipient’s use of the allocation.

 


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ê2013 Statutes of Nevada, Page 2442 (Chapter 427, AB 311)ê

 

      4.  The recipient of an allocation of money from the Contingency Account may use the money only for the purposes of establishing or providing programs or services to victims of human trafficking.

      Sec. 7. (Deleted by amendment.)

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

________

CHAPTER 428, SB 269

Senate Bill No. 269–Senators Ford, Atkinson, Woodhouse, Kihuen, Cegavske; Jones, Manendo and Spearman

 

Joint Sponsors: Assemblymen Frierson, Healey and Spiegel

 

CHAPTER 428

 

[Approved: June 6, 2013]

 

AN ACT relating to education; requiring the principal of a public school or a designee of the principal to provide certain pupils with a written statement verifying that the pupil has complied with certain attendance requirements; authorizing a school police officer or certain other persons to impose administrative sanctions against a pupil who is a habitual truant; revising the actions the principal of a school and an advisory board to review school attendance may implement for a pupil who is declared a habitual truant; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law provides that a child who has been declared truant three or more times within one school year must be declared a habitual truant. (NRS 392.140) Existing law also authorizes the principal of a school to: (1) report a pupil who is declared a habitual truant to a school police officer or to the local law enforcement agency for investigation and issuance of a citation; or (2) refer a pupil who is declared a habitual truant to the advisory board to review school attendance. (NRS 392.144) Existing law further prescribes the duties of an advisory board to review school attendance upon receipt of a written referral from the principal of a school and sets forth the actions the advisory board may take against the pupil who is the subject of the written referral. (NRS 392.147) Sections 7 and 8 of this bill revise the actions which the principal of the school and the advisory board to review school attendance may take to include a referral of the pupil for the imposition of administrative sanctions pursuant to section 5 of this bill. Section 5 authorizes the school police officer or, if a public school does not have a school police officer, the person designated by the principal of the school to impose administrative sanctions against a pupil who is a habitual truant, which include the delaying of the ability of a pupil to receive a driver’s license and the suspension of the pupil’s driver’s license. Section 5 also sets forth certain duties of the Department of Motor Vehicles. Section 5 further authorizes the parent or legal guardian of a pupil against whom administrative sanctions have been imposed to appeal the imposition of those administrative sanctions to the designee of the board of trustees of the school district.

 

 

 


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ê2013 Statutes of Nevada, Page 2443 (Chapter 428, SB 269)ê

 

      Existing law prescribes the requirements for the issuance of a driver’s license to a person who is 16 or 17 years of age and the requirements for the issuance of a restricted driver’s license to a person who is between the ages of 14 and 18 years. (NRS 483.2521, 483.267, 483.270) Sections 11-13 of this bill revise the requirements for the issuance of those driver’s licenses to require the applicant to submit to the Department of Motor Vehicles written verification that the person: (1) complies with the minimum attendance requirements in public school; (2) is exempt from compulsory public school attendance; (3) has received a high school diploma or certificate of attendance; or (4) has passed the test of general educational development.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 385.3469 is hereby amended to read as follows:

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

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

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

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

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

             (3) Pupils with disabilities;

             (4) Pupils who are limited English proficient; and

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2444 (Chapter 428, SB 269)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2445 (Chapter 428, SB 269)ê

 

professional qualifications of teachers employed by the school districts and charter schools, including, without limitation:

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

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

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

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

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

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

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

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

             (5) For each elementary school:

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2446 (Chapter 428, SB 269)ê

 

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

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

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

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

             (3) Withdraw from school to attend another school.

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2447 (Chapter 428, SB 269)ê

 

reading, writing or mathematics at a university, state college or community college within the Nevada System of Higher Education, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.

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

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

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

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

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

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

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

      (dd) The number of habitual truants reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole, including, without limitation, the number who are [reported] :

             (1) Reported to a school police officer or local law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 [and the number of habitual truants who are referred] ;

             (2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144 [, reported for each school district, including, without limitation, each charter school in the district, and for this State as a whole.] ; and

             (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

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

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

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

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

 


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

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

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

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

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

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

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

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

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

      2.  A separate reporting for a group of pupils must not be made pursuant to this section if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe a mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

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

      (b) Be prepared in a concise manner; and

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

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

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

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

             (1) Governor;

             (2) Committee;

             (3) Bureau;

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

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

             (6) Governing body of each charter school.

 


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

      6.  As used in this section:

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

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

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

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

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

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

      Sec. 2. NRS 385.347 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

                   (III) Pupils with disabilities;

                   (IV) Pupils who are limited English proficient; and

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

 


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

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

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

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

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

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

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

Ê A separate reporting for a group of pupils must not be made pursuant to this paragraph if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The State Board shall prescribe the mechanism for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

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

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

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

 


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

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

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

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

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

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

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

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

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

             (1) The percentage of teachers who are:

                   (I) Providing instruction pursuant to NRS 391.125;

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2452 (Chapter 428, SB 269)ê

 

long-term substitute teachers, including the total number of days long-term substitute teachers were employed at each school, identified by grade level and subject area; and

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

             (5) For each elementary school:

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

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

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

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

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

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

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

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

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

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

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

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

             (3) Withdraw from school to attend another school.

 


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ê2013 Statutes of Nevada, Page 2453 (Chapter 428, SB 269)ê

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2454 (Chapter 428, SB 269)ê

 

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

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

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

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

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

             (2) An adult diploma.

             (3) An adjusted diploma.

             (4) A certificate of attendance.

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

      (y) The number of habitual truants reported for each school in the district, and for the district as a whole, including, without limitation, the number who are [reported] :

             (1) Reported to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 of NRS 392.144 [and the number of habitual truants who are referred] ;

             (2) Referred to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 of NRS 392.144 [, for each school in the district and for the district as a whole.] ; and

             (3) Referred for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2 of NRS 392.144.

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

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

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

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

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

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

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

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

 


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ê2013 Statutes of Nevada, Page 2455 (Chapter 428, SB 269)ê

 

requirements of this subparagraph apply to paraprofessionals who are employed in positions supported with Title I money and to paraprofessionals who are not employed in positions supported with Title I money.

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

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

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

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

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

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

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

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

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

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

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

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

 


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for public dissemination of the annual report of accountability prepared pursuant to this section in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the Department.

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

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

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

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

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

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

      6.  The Superintendent of Public Instruction shall:

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

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

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

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

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

      8.  On or before September 30 of each year:

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

 


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

      9.  On or before September 30 of each year:

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

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) Bureau.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to subsection 2 or 3, as applicable, in the manner set forth in 20 U.S.C. § 6311(h)(2)(E) by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

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

      11.  As used in this section:

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

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

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

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

 


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

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

      Sec. 3. Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4. 1.  The principal of a public school or a designee of the principal shall, upon written request by a pupil who is between the ages of 14 and 18 years and who is enrolled in the school, provide the pupil a written statement signed by the principal or the designee:

      (a) Verifying that the pupil has complied with the minimum attendance requirements established by the board of trustees of the school district pursuant to NRS 392.122; or

      (b) If the pupil does not satisfy the requirements of paragraph (a), indicating that the principal or the designee has determined that a hardship exists and it would be in the best interests of the pupil or his or her family for the pupil to be allowed to drive if the pupil otherwise satisfies the requirements of NRS 483.2521, 483.267 or 483.270, as applicable.

      2.  The principal of a public school or a designee of the principal shall not provide a written statement pursuant to subsection 1 unless the pupil satisfies the requirements of paragraph (a) of subsection 1 or the principal determines a hardship exists pursuant to paragraph (b) of subsection 1.

      3.  The written statement provided to the pupil pursuant to subsection 1 may be used for the purposes of submitting materials that must accompany an application for a driver’s license pursuant to NRS 483.2521 or an application for a restricted license pursuant to NRS 483.267 and 483.270.

      4.  The board of trustees of each school district shall prescribe a standard form for use by the principals employed by the school district and their designees pursuant to this section.

      Sec. 5. 1.  Upon receipt of a report pursuant to NRS 392.144 or 392.147, a school police officer or a person designated pursuant to subsection 6 shall conduct an investigation, set a date for a hearing and provide a written notice of the hearing to the parent or legal guardian of the pupil. If it appears after investigation and a hearing that a pupil is a habitual truant, a school police officer or a person designated pursuant to subsection 6 may issue an order imposing the following administrative sanctions against a pupil:

      (a) If it is the first time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 30 days but not more than 6 months. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 30 days:

             (1) Immediately following the date of the order if the pupil is eligible to apply for a driver’s license; or

             (2) After the date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

      (b) If it is the second time or any subsequent time that administrative sanctions have been issued pursuant to this section because the pupil is a habitual truant, and the pupil is 14 years of age or older, order the suspension of the driver’s license of the pupil for at least 60 days but not more than 1 year. If the pupil does not possess a driver’s license, the order must provide that the pupil is prohibited from applying for a driver’s license for 60 days immediately following:

 


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must provide that the pupil is prohibited from applying for a driver’s license for 60 days immediately following:

             (1) The date of the order if the pupil is eligible to apply for a driver’s license; or

             (2) The date the pupil becomes eligible to apply for a driver’s license if the pupil is not eligible to apply for a driver’s license.

      2.  If a pupil applies for a driver’s license, the Department of Motor Vehicles shall:

      (a) Notify the pupil of the provisions of this section that authorize the suspension of the driver’s license of the pupil; and

      (b) Require the pupil to sign an affidavit acknowledging that the pupil is aware that his or her driver’s license may be suspended pursuant to this section.

      3.  If an order is issued pursuant to this section delaying the ability of the pupil to receive a driver’s license, a copy of the order must be forwarded to the Department of Motor Vehicles not later than 5 days after the order is issued.

      4.  If an order is issued pursuant to this section suspending the driver’s license of a pupil:

      (a) The pupil shall surrender his or her driver’s license to the school police officer or the person designated pursuant to subsection 6.

      (b) Not later than 5 days after issuing the order, the school police officer or the designated person shall forward to the Department of Motor Vehicles a copy of the order and the driver’s license of the pupil.

      (c) The Department of Motor Vehicles:

             (1) Shall report the suspension of the driver’s license of the pupil to an insurance company or its agent inquiring about the pupil’s driving record, but such a suspension must not be considered for the purpose of rating or underwriting.

             (2) Shall not treat the suspension in the manner statutorily required for moving traffic violations.

             (3) Shall not require the pupil to submit to the tests and other requirements which are adopted by regulation pursuant to subsection 1 of NRS 483.495 as a condition of reinstatement or reissuance after the suspension of a driver’s license.

      5.  The parent or legal guardian of a pupil may request a hearing before a person designated by the board of trustees of the school district in which the pupil is enrolled to appeal the imposition of any administrative sanctions pursuant to this section. The person designated by the board of trustees shall, not later than 30 days after receipt of the request, hold a hearing to review the reason for the imposition of any administrative sanctions. Not later than 30 days after the hearing, the person designated by the board of trustees shall issue a written decision affirming, denying or modifying the decision to impose administrative sanctions and mail a copy of the decision to the parent or legal guardian of the pupil.

      6.  If a public school does not have a school police officer assigned to it, the principal of the school may designate a qualified person to carry out the requirements of this section.

      Sec. 6. NRS 392.141 is hereby amended to read as follows:

      392.141  The provisions of NRS 392.144, 392.146 and 392.147 and section 5 of this act apply to all pupils who are required to attend school pursuant to NRS 392.040.

 


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      Sec. 7. NRS 392.144 is hereby amended to read as follows:

      392.144  1.  If a pupil has one or more unapproved absences from school, the school in which the pupil is enrolled shall take reasonable actions designed, as applicable, to encourage, enable or convince the pupil to attend school.

      2.  If a pupil is a habitual truant pursuant to NRS 392.140, or if a pupil who is a habitual truant pursuant to NRS 392.140 is again declared truant pursuant to NRS 392.130 in the same school year after being declared a habitual truant, the principal of the school shall:

      (a) Report the pupil to a school police officer or to the local law enforcement agency for investigation and issuance of a citation, if warranted, in accordance with NRS 392.149; [or]

      (b) If the parent or legal guardian of a pupil has signed a written consent pursuant to subsection 4, submit a written referral of the pupil to the advisory board to review school attendance in the county in accordance with NRS 392.146 [.] ; or

      (c) Refer the pupil for the imposition of administrative sanctions in accordance with section 5 of this act.

      3.  The board of trustees of each school district shall adopt criteria to determine whether the principal of a school shall [report] :

      (a) Report a pupil to a school police officer or law enforcement agency pursuant to paragraph (a) of subsection 2 [or refer] ;

      (b) Refer a pupil to an advisory board to review school attendance pursuant to paragraph (b) of subsection 2 [.] ; or

      (c) Refer a pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

      4.  If the principal of a school makes an initial determination to submit a written referral of a pupil to the advisory board to review school attendance, the principal shall notify the parent or legal guardian of the pupil and request the parent or legal guardian to sign a written consent that authorizes the school and, if applicable, the school district to release the records of the pupil to the advisory board to the extent that such release is necessary for the advisory board to carry out its duties pursuant to NRS 392.146 and 392.147. The written consent must comply with the applicable requirements of 20 U.S.C. § 1232g(b) and 34 C.F.R. Part 99. If the parent or legal guardian refuses to sign the consent, the principal shall [report] :

      (a) Report the pupil to a school police officer or to a local law enforcement agency pursuant to paragraph (a) of subsection 2 [.] ; or

      (b) Refer the pupil for the imposition of administrative sanctions pursuant to paragraph (c) of subsection 2.

      Sec. 8. NRS 392.147 is hereby amended to read as follows:

      392.147  1.  If an advisory board to review school attendance receives a written referral of a pupil pursuant to NRS 392.146, the advisory board shall set a date, time and place for a hearing. The pupil and the pupil’s parents or legal guardian shall attend the hearing held by the advisory board. The hearing must be closed to the public. The chair of an advisory board to review school attendance may request that subpoenas for a hearing conducted pursuant to this section be issued to:

      (a) The parent or legal guardian of a pupil who has been referred to the advisory board or any other person that the advisory board considers necessary to the hearing.

      (b) A pupil who has been referred to the advisory board.

 


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      2.  If a pupil and the pupil’s parents or legal guardian do not attend the hearing, the chair of the advisory board shall [report] :

      (a) Report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 [.] ; or

      (b) Refer the pupil for the imposition of administrative sanctions in accordance with section 5 of this act.

      3.  If an advisory board to review school attendance determines that the status of a pupil as a habitual truant can be adequately addressed through participation by the pupil in programs and services available in the community, the advisory board shall order the pupil to participate in such programs and services. If the pupil does not agree to participate in such programs and services, the chair of the advisory board shall report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 [.] , or refer the pupil for the imposition of administrative sanctions in accordance with section 5 of this act. If the pupil agrees to participate in such programs and services, the advisory board, the pupil and the parents or legal guardian of the pupil shall enter into a written agreement that:

      (a) Sets forth the findings of the advisory board;

      (b) Sets forth the terms and conditions of the pupil’s participation in the programs and services designated by the advisory board; and

      (c) Adequately informs the pupil and the pupil’s parents or legal guardian that if the pupil or his or her parents or legal guardian do not comply with the terms of the written agreement, the chair of the advisory board is legally obligated to report the pupil to a school police officer or to the appropriate local law enforcement agency for investigation and issuance of a citation, if warranted in accordance with NRS 392.149 [.] , or refer the pupil for the imposition of administrative sanctions in accordance with section 5 of this act.

Ê The parents or legal guardian of the pupil shall, upon the request of the advisory board, provide proof satisfactory to the advisory board that the pupil is participating in the programs and services set forth in the written agreement.

      4.  The chair of an advisory board to review school attendance shall report a pupil to a school police officer or to the appropriate local law enforcement agency or refer the pupil for the imposition of administrative sanctions in accordance with section 5 of this act if:

      (a) The pupil and the pupil’s parents or legal guardian fail to attend a hearing set by the advisory board pursuant to subsection 1;

      (b) The advisory board determines that the status of a pupil as a habitual truant cannot be adequately addressed by requiring the pupil to participate in programs and services available in the community;

      (c) The pupil does not consent to participation in programs and services pursuant to subsection 3; or

      (d) The pupil or the pupil’s parents or legal guardian violates the terms of the written agreement entered into pursuant to subsection 3.

      5.  If the chair of an advisory board makes [such] a report to a school police officer or local law enforcement agency [,] pursuant to subsection 4, the chair shall:

 


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      (a) Submit to the school police officer or law enforcement agency, as applicable, written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

      (b) Make recommendations to the school police officer or law enforcement agency, as applicable, regarding the appropriate disposition of the case.

      6.  If the chair of an advisory board refers a pupil for the imposition of administrative sanctions pursuant to subsection 4, the chair shall:

      (a) Provide written documentation of all efforts made by the advisory board to address the status of the pupil as a habitual truant; and

      (b) Make recommendations regarding the appropriate disposition of the case.

      7.  If the parents or legal guardian of a pupil enter into a written agreement pursuant to this section, the parents or legal guardian may appeal to the board of trustees of the school district a determination made by the advisory board concerning the contents of the written agreement. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      [7.]8.  The board of trustees of each school district shall adopt policies and rules to protect the confidentiality of the deliberations, findings and determinations made by an advisory board and information concerning a pupil and the family of a pupil. An advisory board shall not disclose information concerning the records of a pupil or services provided to a pupil or the pupil’s family unless the disclosure is specifically authorized by statute or by the policies and rules of the board of trustees and is necessary for the advisory board to carry out its duties.

      Sec. 9. NRS 62B.320 is hereby amended to read as follows:

      62B.320  1.  Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction in proceedings concerning any child living or found within the county who is alleged or adjudicated to be in need of supervision because the child:

      (a) Is subject to compulsory school attendance and is a habitual truant from school;

      (b) Habitually disobeys the reasonable and lawful demands of the parent or guardian of the child and is unmanageable;

      (c) Deserts, abandons or runs away from the home or usual place of abode of the child and is in need of care or rehabilitation; or

      (d) Uses an electronic communication device to transmit or distribute a sexual image of himself or herself to another person or to possess a sexual image in violation of NRS 200.737.

      2.  A child who is subject to the jurisdiction of the juvenile court pursuant to this section must not be considered a delinquent child.

      3.  The provisions of subsection 1 do not prohibit the imposition of administrative sanctions pursuant to section 5 of this act against a child who is subject to compulsory school attendance and is a habitual truant from school.

      4.  As used in this section:

      (a) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      (b) “Sexual image” has the meaning ascribed to it in NRS 200.737.

 


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      Sec. 10. NRS 483.250 is hereby amended to read as follows:

      483.250  The Department shall not issue any license pursuant to the provisions of NRS 483.010 to 483.630, inclusive:

      1.  To any person who is under the age of 18 years, except that the Department may issue:

      (a) A restricted license to a person between the ages of 14 and 18 years pursuant to the provisions of NRS 483.267 and 483.270.

      (b) An instruction permit to a person who is at least 15 1/2 years of age pursuant to the provisions of subsection 1 of NRS 483.280.

      (c) A restricted instruction permit to a person under the age of 18 years pursuant to the provisions of subsection 3 of NRS 483.280.

      (d) A driver’s license to a person who is 16 or 17 years of age pursuant to NRS 483.2521.

      2.  To any person whose license has been revoked until the expiration of the period during which the person is not eligible for a license.

      3.  To any person whose license has been suspended, but upon good cause shown to the Administrator, the Department may issue a restricted license to the person or shorten any period of suspension.

      4.  To any person who has previously been adjudged to be afflicted with or suffering from any mental disability or disease and who has not at the time of application been restored to legal capacity.

      5.  To any person who is required by NRS 483.010 to 483.630, inclusive, to take an examination, unless the person has successfully passed the examination.

      6.  To any person when the Administrator has good cause to believe that by reason of physical or mental disability that person would not be able to operate a motor vehicle safely.

      7.  To any person who is not a resident of this State.

      8.  To any child who is the subject of a court order issued pursuant to title 5 of NRS or administrative sanctions imposed pursuant to section 5 of this act which [delays] delay the child’s privilege to drive.

      9.  To any person who is the subject of a court order issued pursuant to NRS 206.330 which delays the person’s privilege to drive until the expiration of the period of delay.

      10.  To any person who is not eligible for the issuance of a license pursuant to NRS 483.283.

      Sec. 11. NRS 483.2521 is hereby amended to read as follows:

      483.2521  1.  The Department may issue a driver’s license to a person who is 16 or 17 years of age if the person:

      (a) Except as otherwise provided in subsection 2, has completed:

             (1) A course in automobile driver education pursuant to NRS 389.090; or

             (2) A course provided by a school for training drivers which is licensed pursuant to NRS 483.700 to 483.780, inclusive, and which complies with the applicable regulations governing the establishment, conduct and scope of automobile driver education adopted by the State Board of Education pursuant to NRS 389.090;

      (b) Has at least 50 hours of supervised experience in driving a motor vehicle with a restricted license, instruction permit or restricted instruction permit issued pursuant to NRS 483.267, 483.270 or 483.280, including, without limitation, at least 10 hours of experience in driving a motor vehicle during darkness;

 


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      (c) Submits to the Department, on a form provided by the Department, a log which contains the dates and times of the hours of supervised experience required pursuant to this section and which is signed:

             (1) By his or her parent or legal guardian; or

             (2) If the person applying for the driver’s license is an emancipated minor, by a licensed driver who is at least 21 years of age or by a licensed driving instructor,

Ê who attests that the person applying for the driver’s license has completed the training and experience required pursuant to paragraphs (a) and (b);

      (d) Submits to the Department:

             (1) A written statement signed by the principal of the public school in which the person is enrolled or by a designee of the principal and which is provided to the person pursuant to section 4 of this act;

             (2) A written statement signed by the parent or legal guardian of the person which states that the person is excused from compulsory attendance pursuant to NRS 392.070;

             (3) A copy of the person’s high school diploma or certificate of attendance; or

             (4) A copy of the person’s certificate of general educational development;

      (e) Has not been found to be responsible for a motor vehicle accident during the 6 months before applying for the driver’s license;

      [(e)](f) Has not been convicted of a moving traffic violation or a crime involving alcohol or a controlled substance during the 6 months before applying for the driver’s license; and

      [(f)](g) Has held an instruction permit for not less than 6 months before applying for the driver’s license.

      2.  If a course described in paragraph (a) of subsection 1 is not offered within a 30-mile radius of a person’s residence, the person may, in lieu of completing such a course as required by that paragraph, complete an additional 50 hours of supervised experience in driving a motor vehicle in accordance with paragraph (b) of subsection 1.

      Sec. 12. NRS 483.267 is hereby amended to read as follows:

      483.267  1.  The Department may issue a restricted license to any applicant between the ages of 14 and 18 years which entitles the applicant to drive a motor vehicle upon a highway if a member of his or her household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the applicant to drive.

      2.  An application for a restricted license under this section must:

      (a) Be made upon a form provided by the Department.

      (b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.

      (c) Be signed and verified as provided in NRS 483.300.

      (d) Include:

             (1) A written statement signed by the principal of the public school in which the applicant is enrolled or by a designee of the principal and which is provided to the applicant pursuant to section 4 of this act;

             (2) A written statement signed by the parent or legal guardian of the applicant which states that the applicant is excused from compulsory school attendance pursuant to NRS 392.070;

 


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             (3) A copy of the applicant’s high school diploma or certificate of attendance; or

             (4) A copy of the applicant’s certificate of general educational development.

      (e) Contain such other information as may be required by the Department.

      3.  A restricted license issued pursuant to this section:

      (a) Is effective for the period specified by the Department;

      (b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the Department; and

      (c) May contain other restrictions which the Department deems necessary.

      4.  No license may be issued under this section until the Department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      Sec. 13. NRS 483.270 is hereby amended to read as follows:

      483.270  1.  The Department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:

      (a) A public school in a school district in this State in a county whose population is less than 55,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the Department pursuant to subsection 5; or

      (b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,

Ê and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

      2.  An application for the issuance of a restricted license under this section must:

      (a) Be made upon a form provided by the Department.

      (b) Be signed and verified as provided in NRS 483.300.

      (c) Include a written statement signed by the:

             (1) Principal of the public school in which the pupil is enrolled or by a designee of the principal and which is provided to the applicant pursuant to section 4 of this act; or

             (2) Parent or legal guardian of the pupil which states that the pupil is excused from compulsory school attendance pursuant to NRS 392.070.

      (d) Contain such other information as may be required by the Department.

      3.  Any restricted license issued pursuant to this section:

      (a) Is effective only for the school year during which it is issued or for a more restricted period.

      (b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.

      (c) May contain such other restrictions as the Department may deem necessary and proper.

      (d) May authorize the licensee to transport as passengers in a motor vehicle driven by the licensee, only while the licensee is going to and from school, members of his or her immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

 


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event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

      4.  No restricted license may be issued under the provisions of this section until the Department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      5.  The Department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.

      Sec. 14. NRS 483.460 is hereby amended to read as follows:

      483.460  1.  Except as otherwise provided by specific statute, the Department shall revoke the license, permit or privilege of any driver upon receiving a record of his or her conviction of any of the following offenses, when that conviction has become final, and the driver is not eligible for a license, permit or privilege to drive for the period indicated:

      (a) For a period of 3 years if the offense is:

             (1) A violation of subsection 6 of NRS 484B.653.

             (2) A third or subsequent violation within 7 years of NRS 484C.110 or 484C.120.

             (3) A violation of NRS 484C.110 or 484C.120 resulting in a felony conviction pursuant to NRS 484C.400 or 484C.410.

             (4) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430.

Ê The period during which such a driver is not eligible for a license, permit or privilege to drive must be set aside during any period of imprisonment and the period of revocation must resume when the Department is notified pursuant to NRS 209.517 or 213.12185 that the person has completed the period of imprisonment or that the person has been placed on residential confinement or parole.

      (b) For a period of 1 year if the offense is:

             (1) Any other manslaughter, including vehicular manslaughter as described in NRS 484B.657, resulting from the driving of a motor vehicle or felony in the commission of which a motor vehicle is used, including the unlawful taking of a motor vehicle.

             (2) Failure to stop and render aid as required pursuant to the laws of this State in the event of a motor vehicle accident resulting in the death or bodily injury of another.

             (3) Perjury or the making of a false affidavit or statement under oath to the Department pursuant to NRS 483.010 to 483.630, inclusive, or pursuant to any other law relating to the ownership or driving of motor vehicles.

             (4) Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving committed within a period of 12 months.

             (5) A second violation within 7 years of NRS 484C.110 or 484C.120 and the driver is not eligible for a restricted license during any of that period.

             (6) A violation of NRS 484B.550.

      (c) For a period of 90 days, if the offense is a first violation within 7 years of NRS 484C.110 or 484C.120.

      2.  The Department shall revoke the license, permit or privilege of a driver convicted of violating NRS 484C.110 or 484C.120 who fails to complete the educational course on the use of alcohol and controlled substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

 


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substances within the time ordered by the court and shall add a period of 90 days during which the driver is not eligible for a license, permit or privilege to drive.

      3.  When the Department is notified by a court that a person who has been convicted of a first violation within 7 years of NRS 484C.110 has been permitted to enter a program of treatment pursuant to NRS 484C.320, the Department shall reduce by one-half the period during which the person is not eligible for a license, permit or privilege to drive, but shall restore that reduction in time if notified that the person was not accepted for or failed to complete the treatment.

      4.  The Department shall revoke the license, permit or privilege to drive of a person who is required to install a device pursuant to NRS 484C.460 but who operates a motor vehicle without such a device:

      (a) For 3 years, if it is his or her first such offense during the period of required use of the device.

      (b) For 5 years, if it is his or her second such offense during the period of required use of the device.

      5.  A driver whose license, permit or privilege is revoked pursuant to subsection 4 is not eligible for a restricted license during the period set forth in paragraph (a) or (b) of that subsection, whichever applies.

      6.  In addition to any other requirements set forth by specific statute, if the Department is notified that a court has ordered the revocation, suspension or delay in the issuance of a license pursuant to title 5 of NRS, NRS 176.064 or 206.330, chapters 484A to 484E, inclusive, of NRS , section 5 of this act or any other provision of law, the Department shall take such actions as are necessary to carry out the court’s order.

      7.  As used in this section, “device” has the meaning ascribed to it in NRS 484C.450.

      Sec. 15. NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484C.460:

      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:

 


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                   (I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

                   (II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420;

             (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 6 of NRS 484B.653; or

             (3) After at least 45 days of the period during which the person is not eligible for a license, if the person was convicted of a first violation within 7 years of NRS 484C.110.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  After a driver’s license has been revoked or suspended pursuant to title 5 of NRS [,] or section 5 of this act, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

 


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      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      Sec. 16. NRS 483.580 is hereby amended to read as follows:

      483.580  A person shall not cause or knowingly permit his or her child or ward under the age of 18 years to drive a motor vehicle upon any highway when the minor is not authorized under the provisions of NRS 483.010 to 483.630, inclusive, or is in violation of any of the provisions of NRS 483.010 to 483.630, inclusive, or if the minor’s license is revoked or suspended pursuant to title 5 of NRS [.] or section 5 of this act.

      Sec. 17.  This act becomes effective on January 1, 2015.

________

CHAPTER 429, SB 465

Senate Bill No. 465–Committee on Finance

 

CHAPTER 429

 

[Approved: June 7, 2013]

 

AN ACT relating to livestock; increasing the minimum and maximum rates at which an owner of livestock must pay for certain annual special taxes imposed on livestock; authorizing the State Department of Agriculture to assess the special tax within a certain period after the date on which the taxes were due; increasing the amount of the penalty for failure to pay the special tax; revising the circumstances under which the Department may waive the penalty or any interest owed for failure to pay the special tax; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, each owner of livestock is required to pay an annual special tax on livestock. The State Department of Agriculture is required to fix the amount of the tax based on each head of stock cattle, dairy cattle, horses, mules, burros, asses, hogs, pigs and goats owned by the owner of livestock. Existing law also: (1) sets forth the maximum rates that the Department may set for each head of livestock; and (2) sets the minimum amount of the tax that an owner of livestock must pay each year at $5. (NRS 571.035) Section 1 of this bill increases the maximum rate the Department may set for stock cattle, dairy cattle, hogs, pigs and goats and increases the minimum amount of the tax to $10 each year.

      Under existing law, any person who fails to pay the special tax on livestock is required to pay, in addition to the tax, a penalty of not more than 10 percent of the amount of the tax that is owed, plus interest at the rate of 1.5 percent per month or fraction of a month from the date the tax was due until the date of payment. The Department may waive or reduce the payment of the interest or penalty for good cause shown. (NRS 575.205) Section 2 of this bill: (1) authorizes the Department, if the Department determines that an owner of livestock was not assessed the tax for any year in which the tax became due, to assess the tax at any time within 5 years after the date on which the tax was due; (2) authorizes the Department to waive or reduce the payment of the interest or penalty if the Department finds extenuating circumstances sufficient to justify the waiver or reduction; and (3) prohibits the Department from providing certain services to an owner of livestock who is delinquent in the payment of the tax.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 571.035 is hereby amended to read as follows:

      571.035  1.  Upon approval of the report of owners of livestock and sheep pursuant to NRS 575.180, the Department shall fix the amount of the annual special tax on each head of the following specified classes of livestock, which, except as otherwise provided in subsection 3, must not exceed the following rates per head for each class:

 

Class                                                                                           Rate per head

 

Stock cattle................................................................................ [$0.28] $0.50

Dairy cattle......................................................................................... [.53] .60

Horses.......................................................................................................... .75

Mules............................................................................................................ .75

Burros or asses........................................................................................... .75

Hogs and pigs.................................................................................... [.07] .30

Goats................................................................................................... [.06] .10

 

      2.  As used in subsection 1:

      (a) “Dairy cattle” are bulls, cows and heifers of the dairy breeds that are more than 6 months old.

      (b) “Stock cattle” are:

             (1) Steers of any breed and other weaned calves of the beef breeds that are more than 6 months old; and

             (2) Bulls, cows and older heifers of the beef breeds.

      (c) The classes consisting of horses, mules, and burros and asses exclude animals that are less than 1 year old.

      3.  The minimum special tax due annually pursuant to this section from each owner of livestock is [$5.] $10.

      4.  Upon the receipt of payment of the special tax and the report thereof by the State Controller, the Department shall credit the amount of the tax as paid on its records.

      5.  The special taxes paid by an owner of livestock, when transmitted to the State Treasurer, must be deposited in the Livestock Inspection Account.

      Sec. 2. NRS 575.205 is hereby amended to read as follows:

      575.205  1.  If the Department determines that an owner of livestock was not assessed the tax required pursuant to NRS 571.035 in any year in which the tax became due, the Department may assess the tax at any time within 5 years after the date on which the tax became due.

      2.  Except as otherwise provided in subsection [2,] 3, any person who fails to pay the tax levied by the Department pursuant to NRS 571.035, within the time required, shall pay , in addition to the tax, a penalty [of not more than 10] equal to 20 percent of the amount of the tax that is owed [, in addition to] for each year the person fails to pay the tax, plus interest at the rate of 1.5 percent per month, or fraction of a month, from the date the tax was due until the date of payment.

      [2.] 3.  The Department may [, for good cause shown,] waive or reduce the payment of the interest or penalty, or both, that is required to be paid pursuant to subsection [1.]

 


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pursuant to subsection [1.] 2, if the Department finds extenuating circumstances sufficient to justify the waiver or reduction. The Department shall, upon the request of any person, disclose:

      (a) The name of the person whose interest or penalty was waived or reduced; and

      (b) The amount so waived or the amount of the reduction.

      [3.] 4.  All taxes levied by the Department on livestock pursuant to NRS 571.035, and all penalties and interest accrued thereon, constitute a lien upon the livestock until paid.

      5.  Except as otherwise provided in NRS 575.230, the Department shall not provide inspection or other services to an owner of livestock who is delinquent in the payment of the tax levied by the Department pursuant to NRS 571.035.

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

________

CHAPTER 430, SB 464

Senate Bill No. 464–Committee on Finance

 

CHAPTER 430

 

[Approved: June 7, 2013]

 

AN ACT relating to governmental administration; renaming the Division of Measurement Standards within the State Department of Agriculture as the Division of Consumer Equitability; renaming the State Sealer of Weights and Measures as the State Sealer of Consumer Equitability; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law creates the Division of Measurement Standards within the State Department of Agriculture and designates the Director of the Department as ex officio State Sealer of Weights and Measures. (NRS 561.108, 561.155) This bill renames: (1) the Division of Measurement Standards as the Division of Consumer Equitability; and (2) the State Sealer of Weights and Measures as the State Sealer of Consumer Equitability.

 

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 561.108 is hereby amended to read as follows:

      561.108  1.  The Division of [Measurement Standards] Consumer Equitability is hereby created within the Department. The Director shall appoint an Administrator of the Division who shall administer all activities and services of the Division.

      2.  The Division of [Measurement Standards] Consumer Equitability shall administer and enforce the provisions of chapters 581 and 582 of NRS and NRS 590.010 to 590.450, inclusive.

 


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      Sec. 2. NRS 561.155 is hereby amended to read as follows:

      561.155  The Director is hereby designated and appointed ex officio State Sealer of [Weights and Measures,] Consumer Equitability, and shall carry out all the duties of the State Sealer of [Weights and Measures] Consumer Equitability as provided by law.

      Sec. 3. NRS 482.485 is hereby amended to read as follows:

      482.485  1.  The provisions of chapter 582 of NRS (Public Weighmasters) are hereby made applicable to this chapter.

      2.  Except as otherwise provided in subsection 6, all motor vehicles required to be weighed under the provisions of this chapter must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Director and the State Sealer of [Weights and Measures,] Consumer Equitability, and according to the provisions of chapter 582 of NRS.

      3.  The Department for registration purposes only may collect a fee, not to exceed $1, for each vehicle weighed by the Department.

      4.  From time to time, upon request of the Director, the State Sealer of [Weights and Measures] Consumer Equitability shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.

      5.  Public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Director as evidence of the weight of the motor vehicle for which a license is applied.

      6.  In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

      (a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of [Weights and Measures;] Consumer Equitability; and

      (b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

      Sec. 4. NRS 581.0045 is hereby amended to read as follows:

      581.0045  “Division” means the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture.

      Sec. 5. NRS 581.030 is hereby amended to read as follows:

      581.030  The Director of the State Department of Agriculture, as ex officio State Sealer of [Weights and Measures,] Consumer Equitability, shall enforce the provisions of this chapter.

      Sec. 6. NRS 581.050 is hereby amended to read as follows:

      581.050  1.  The State Sealer of [Weights and Measures] Consumer Equitability may:

      (a) Adopt regulations necessary to carry out the provisions of this chapter.

      (b) Ensure that those regulations comply, insofar as practicable, with the specifications, tolerances and regulations recommended by the National Institute of Standards and Technologies.

      (c) Adopt regulations for the submission for approval of types and designs of weights and measures and commercial weighing and measuring equipment.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability shall adopt regulations which prescribe the:

 


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      (a) Standards for weighing and measuring devices;

      (b) Requirements for the issuance of a certificate of registration pursuant to NRS 581.103; and

      (c) Standards for the equipment used to repair or adjust weighing or measuring devices.

      Sec. 7. NRS 581.057 is hereby amended to read as follows:

      581.057  The State Sealer of [Weights and Measures] Consumer Equitability may, if necessary for the enforcement of this chapter and any regulations adopted pursuant thereto:

      1.  Enter any commercial premises during normal business hours upon presenting his or her credentials.

      2.  Issue stop-use, hold and removal orders for any weights and measures commercially used, and issue stop-sale, hold and removal orders for any packaged commodities or bulk sale commodities that are kept, offered or exposed for sale.

      3.  Seize, for use as evidence, without formal warrant, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale, or sold in violation of any provision of this chapter or any regulation adopted pursuant thereto.

      4.  Stop any commercial vehicle and, after presentation of his or her credentials, inspect the contents of the vehicle, require the person in charge of the vehicle to produce any documents in the person’s possession concerning the contents of the vehicle, and require that person to proceed with the vehicle to some specified place for inspection.

      Sec. 8. NRS 581.059 is hereby amended to read as follows:

      581.059  The State Sealer of [Weights and Measures] Consumer Equitability may apply to any court of competent jurisdiction for a restraining order, temporary or permanent injunction, restraining a person from violating any provision of this chapter or any regulation adopted pursuant thereto.

      Sec. 9. NRS 581.065 is hereby amended to read as follows:

      581.065  The State Sealer of [Weights and Measures] Consumer Equitability shall:

      1.  Ensure that weights and measures used in commercial services within this state are suitable for their intended use, are properly installed and accurate, and are so maintained by their owner or user.

      2.  Prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.

      3.  Make available to all users of physical standards, or of weighing and measuring equipment, the precision calibration and related metrological certification capabilities of the facilities of the Division.

      4.  Promote uniformity, to the extent practicable and desirable, between the requirements relating to weights and measures of this state and similar requirements of other states and federal agencies.

      5.  Adopt regulations establishing such requirements relating to weights and measures as are necessary to ensure equity between buyers and sellers, and thereby encourage desirable economic growth while protecting consumers.

      Sec. 10. NRS 581.067 is hereby amended to read as follows:

      581.067  The State Sealer of [Weights and Measures] Consumer Equitability shall:

 


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      1.  Adopt regulations establishing such primary standards and secondary standards for weights and measures for use in this State as the State Sealer of [Weights and Measures] Consumer Equitability determines appropriate.

      2.  Maintain traceability of the state standards to the national standards of the National Institute of Standards and Technology.

      3.  Enforce the provisions of this chapter.

      4.  Adopt other reasonable regulations for the enforcement of this chapter.

      5.  Establish requirements for:

      (a) Labeling;

      (b) The presentation of information relating to cost per unit;

      (c) Standards of weight, measure or count, and reasonable standards of fill, for any packaged commodity; and

      (d) Information relating to open dating of packaged food.

      6.  Grant such exemptions from the provisions of this chapter or any regulations adopted pursuant thereto as the State Sealer of [Weights and Measures] Consumer Equitability determines appropriate to the maintenance of good commercial practices within this State.

      7.  Conduct investigations to ensure compliance with this chapter.

      8.  Delegate to appropriate personnel any of the responsibilities of the Division as needed for the proper administration of the Division.

      9.  Adopt regulations establishing a schedule of civil penalties for any violation of NRS 581.415.

      10.  Inspect and test commercial weights and measures that are kept, offered or exposed for sale.

      11.  Inspect and test, to ascertain if they are correct, weights and measures that are commercially used to:

      (a) Determine the weight, measure or count of commodities or things that are sold, or offered or exposed for sale, on the basis of weight, measure or count; or

      (b) Compute the basic charge or payment for services rendered on the basis of weight, measure or count.

      12.  Test all weights and measures used in checking the receipt or disbursement of supplies by entities funded by legislative appropriations.

      13.  Approve for use such commercial weights and measures as the State Sealer of [Weights and Measures] Consumer Equitability determines are correct and appropriate. The State Sealer of [Weights and Measures] Consumer Equitability may mark such commercial weights and measures. The State Sealer of [Weights and Measures] Consumer Equitability shall reject and order to be corrected, replaced or removed any commercial weights and measures found to be incorrect. Weights and measures that have been rejected may be seized if they are not corrected within the time specified or if they are used or disposed of in a manner not specifically authorized. The State Sealer of [Weights and Measures] Consumer Equitability shall remove from service and may seize weights and measures found to be incorrect that are not capable of being made correct.

      14.  Weigh, measure or inspect packaged commodities that are kept, offered or exposed for sale, sold or in the process of delivery to determine whether the packaged commodities contain the amounts represented and whether they are kept, offered or exposed for sale in accordance with this chapter or the regulations adopted pursuant thereto. In carrying out the provisions of this subsection, the State Sealer of [Weights and Measures] Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.

 


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Consumer Equitability shall employ recognized sampling procedures, including, without limitation, sampling procedures adopted by the National Conference on Weights and Measures.

      15.  Adopt regulations prescribing the appropriate term or unit of weight or measure to be used whenever the State Sealer of [Weights and Measures] Consumer Equitability determines that an existing practice of declaring the quantity of a commodity, or of setting charges for a service by weight, measure, numerical count or time, or any combination thereof, does not facilitate value comparisons by consumers or may confuse consumers.

      16.  Allow reasonable variations from the stated quantity of contents that entered intrastate commerce, which must include those variations caused by loss or gain of moisture during the course of good distribution practices or by unavoidable deviations in good manufacturing practices.

      17.  Provide for the training of persons employed by any governmental entity within this State, including, without limitation, state, county and municipal personnel, who enforce the provisions of this chapter and chapter 582 of NRS, and any regulations adopted pursuant thereto, relating to weights and measures. The State Sealer of [Weights and Measures] Consumer Equitability may establish by regulation minimum training and performance requirements which must be met by all such persons.

      18.  Verify advertised prices, price representations and point-of-sale systems, as necessary, to determine the accuracy of prices and computations and the correct use of the equipment, and, if such systems utilize scanning or coding means in lieu of manual entry, the accuracy of prices printed or recalled from a database. In carrying out the provisions of this subsection, the State Sealer of [Weights and Measures] Consumer Equitability shall:

      (a) Employ recognized procedures for making such verifications and determinations of accuracy, including, without limitation, any appropriate procedures designated by the National Institute of Standards and Technology;

      (b) Adopt regulations and issue orders regarding standards for the accuracy of advertised prices and automated systems for retail price charging, or point-of-sale systems, and for the enforcement of those standards; and

      (c) Conduct investigations to ensure compliance with those standards.

      Sec. 11. NRS 581.075 is hereby amended to read as follows:

      581.075  The State Sealer of [Weights and Measures] Consumer Equitability may establish:

      1.  A schedule of fees for any tests of weighing and measuring devices that the State Sealer of [Weights and Measures] Consumer Equitability determines to be necessary.

      2.  An annual fee for the issuance of a certificate of registration pursuant to NRS 581.103.

      3.  An annual license fee for all commercial weighing and measuring equipment.

      Sec. 12. NRS 581.103 is hereby amended to read as follows:

      581.103  1.  Any person who wishes to make any repair or adjustment, for hire, to a weighing or measuring device must submit to the State Sealer of [Weights and Measures:] Consumer Equitability:

      (a) An application for a certificate of registration on a form provided by the State Sealer of [Weights and Measures;] Consumer Equitability;

      (b) The statement required pursuant to NRS 581.1032;

 


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      (c) The annual fee prescribed by regulation pursuant to subsection 2 of NRS 581.075; and

      (d) Such other information required by the State Sealer of [Weights and Measures.] Consumer Equitability.

      2.  An application for a certificate of registration must include the social security number of the applicant.

      Sec. 13. NRS 581.1032 is hereby amended to read as follows:

      581.1032  1.  An applicant for the issuance or renewal of a certificate of registration pursuant to NRS 581.103 shall submit to the State Sealer of [Weights and Measures] Consumer Equitability the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability shall include the statement required pursuant to subsection 1 in:

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

      (b) A separate form prescribed by the State Sealer of [Weights and Measures.] Consumer Equitability.

      3.  A certificate of registration may not be issued or renewed by the State Sealer of [Weights and Measures] Consumer Equitability pursuant to NRS 581.103 if the applicant:

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

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

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

      Sec. 14. NRS 581.1034 is hereby amended to read as follows:

      581.1034  1.  If the State Sealer of [Weights and Measures] Consumer Equitability receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of registration issued pursuant to NRS 581.103, the State Sealer of [Weights and Measures] Consumer Equitability shall deem the certificate of registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Sealer of [Weights and Measures] Consumer Equitability receives a letter issued to the holder of the certificate of registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability shall reinstate a certificate of registration issued pursuant to NRS 581.103 that has been suspended by a district court pursuant to NRS 425.540 if the State Sealer of [Weights and Measures] Consumer Equitability receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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that has been suspended by a district court pursuant to NRS 425.540 if the State Sealer of [Weights and Measures] Consumer Equitability receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of registration was suspended stating that the person whose certificate of registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 15. NRS 581.304 is hereby amended to read as follows:

      581.304  1.  Except as otherwise provided in this chapter, any random weight package or standard package kept, offered or exposed for sale, must bear on the outside of the package a definite, plain and conspicuous declaration of:

      (a) The identity of the commodity in the package, unless the commodity is a food, other than meat or poultry, that was repackaged in a retail establishment and displayed to the purchaser where:

             (1) The interstate labeling for the repackaged food is clearly in view or the food has a counter card, sign or other appropriate device bearing prominently and conspicuously the common or usual name of the food; or

             (2) The common or usual name of the food is clearly revealed by its appearance;

      (b) The quantity of contents of the package, in terms of weight, measure or count; and

      (c) If the package is kept, offered or exposed for sale, or sold, in any place other than on the premises where packed, the name and place of business of the manufacturer, packer or distributor.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability may exempt any type of random weight package or standard package, or commodity from the provisions of this section by regulation.

      Sec. 16.  NRS 581.320 is hereby amended to read as follows:

      581.320  1.  All fluid dairy products must be packaged for retail sale in:

      (a) Units of 1 gill or less, one-half liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, one-half gallon, 3 liquid quarts, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons or multiples of 1 gallon; or

      (b) Such other amounts as are approved, jointly, by the State Dairy Commission and the State Sealer of [Weights and Measures.] Consumer Equitability.

      2.  Each container used for the sale of such products must:

      (a) Be marked with its capacity;

      (b) Be marked with the name, initial or trademark of the manufacturer;

      (c) Be marked with such other information as required by the State Dairy Commission and the State Sealer of [Weights and Measures;] Consumer Equitability; and

      (d) If the fluid dairy product is packaged for retail sale in an amount other than a unit of measure listed in paragraph (a) of subsection 1, be marked with its capacity in fluid ounces and a comparison of that quantity with the unit of measure that is closest in volume in sufficient size and prominence to inform the public of the difference in volume.

      3.  This section does not apply to eating establishments serving milk in glasses with meals.

 


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ê2013 Statutes of Nevada, Page 2478 (Chapter 430, SB 464)ê

 

      Sec. 17. NRS 581.365 is hereby amended to read as follows:

      581.365  1.  Except as otherwise provided by regulation or order of the State Sealer of [Weights and Measures] Consumer Equitability or by established trade custom and practice recognized by regulation or order of the State Sealer of [Weights and Measures:] Consumer Equitability:

      (a) Commodities in liquid form must be sold by liquid measure or by weight; and

      (b) Commodities not in liquid form must be sold by weight, by measure or by count.

      2.  The method of sale of a commodity must provide such accurate and adequate information concerning quantity as will enable the buyer to make price and quantity comparisons.

      Sec. 18. NRS 581.385 is hereby amended to read as follows:

      581.385  All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel and all other bulk sales specified by regulation of the State Sealer of [Weights and Measures] Consumer Equitability must be accompanied by a delivery ticket containing:

      1.  The name and address of the buyer and seller;

      2.  The date delivered;

      3.  The quantity delivered and the quantity upon which the price is based, if the quantity upon which the price is based differs from the quantity delivered;

      4.  The unit price, unless otherwise agreed upon by both the buyer and seller;

      5.  The identity of the commodity, in the most descriptive terms commercially practicable, including any representation about the quality of the commodity made in connection with the sale; and

      6.  Where commodities are bought from bulk but delivered in packages, the count of individually wrapped packages if more than one individually wrapped package is being sold.

      Sec. 19. NRS 581.415 is hereby amended to read as follows:

      581.415  1.  A person shall not:

      (a) Use in commerce, or have in his or her possession for use in commerce, any incorrect weight or measure;

      (b) Sell or offer for sale for use in commerce any incorrect weight or measure;

      (c) Remove any tag, seal or mark from any weight or measure without specific written authorization from the proper authority;

      (d) Hinder or obstruct any inspector of the Division in the performance of the inspector’s duties; or

      (e) Violate any provisions of this chapter or any regulation adopted pursuant thereto.

      2.  A person who violates any provision of this section is, in addition to any criminal penalty that may be imposed, subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of [Weights and Measures] Consumer Equitability pursuant to subsection 9 of NRS 581.067.

      Sec. 20. NRS 581.417 is hereby amended to read as follows:

      581.417  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of [Weights and Measures] Consumer Equitability or a designee shall conduct the hearing after giving appropriate notice to the respondent.

 


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ê2013 Statutes of Nevada, Page 2479 (Chapter 430, SB 464)ê

 

or a designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of [Weights and Measures] Consumer Equitability or the designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of [Weights and Measures;] Consumer Equitability; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of [Weights and Measures] Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 21. NRS 582.004 is hereby amended to read as follows:

      582.004  “Division” means the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture.

      Sec. 22. NRS 582.021 is hereby amended to read as follows:

      582.021  The State Sealer of [Weights and Measures] Consumer Equitability shall:

      1.  Enforce the provisions of this chapter;

      2.  Adopt regulations establishing a schedule of civil penalties for any violation of this chapter;

      3.  Adopt reasonable regulations for the enforcement of this chapter; and

      4.  Adopt regulations relating to public weighing that include, without limitation:

      (a) The qualifications of an applicant for a license as a public weighmaster;

      (b) Requirements for the renewal of a license as a public weighmaster;

      (c) The period of validity of a license as a public weighmaster;

      (d) Measurement practices that must be followed, including the measurement or recording of tare weight;

      (e) The required information to be submitted with or as part of a certificate of weights and measures; and

      (f) The period for which records must be kept.

      Sec. 23. NRS 582.025 is hereby amended to read as follows:

      582.025  The State Sealer of [Weights and Measures] Consumer Equitability may adopt such regulations as are reasonably necessary to carry out the provisions of this chapter. Any such regulations shall comply, insofar as practicable, with specifications, tolerances and regulations recommended by the National Institute of Standards and Technologies.

      Sec. 24. NRS 582.026 is hereby amended to read as follows:

      582.026  The State Sealer of [Weights and Measures] Consumer Equitability may apply to a court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining a person from violating any provision of this chapter or any regulation adopted pursuant thereto.

 


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ê2013 Statutes of Nevada, Page 2480 (Chapter 430, SB 464)ê

 

      Sec. 25. NRS 582.028 is hereby amended to read as follows:

      582.028  Except as otherwise provided in NRS 582.029, to act as a public weighmaster, a person must receive a license from the State Sealer of [Weights and Measures.] Consumer Equitability. To qualify for a license, a person must:

      1.  Be able to weigh and measure accurately;

      2.  Be able to generate correct certificates of weights and measures; and

      3.  Possess such other qualifications as required by the regulations adopted pursuant to this chapter.

      Sec. 26. NRS 582.030 is hereby amended to read as follows:

      582.030  1.  Any person may apply to the State Sealer of [Weights and Measures] Consumer Equitability for licensure as a public weighmaster with authority to issue state certificates of weights and measures upon which the purchase or sale of commodities or charge for services or equipment will be based.

      2.  Before issuing a license as a public weighmaster, the State Sealer of [Weights and Measures] Consumer Equitability or a deputy thereof must:

      (a) Test all weighing apparatus to be used.

      (b) Inspect the premises intended for such use.

      (c) Be satisfied that the applicant is in every way equipped, qualified, competent and of such character that the person should be issued a license as a public weighmaster.

      Sec. 27. NRS 582.031 is hereby amended to read as follows:

      582.031  An applicant for a license as a public weighmaster must furnish evidence on a form provided by the State Sealer of [Weights and Measures] Consumer Equitability that the applicant has the qualifications required by NRS 582.028.

      Sec. 28. NRS 582.0311 is hereby amended to read as follows:

      582.0311  The State Sealer of [Weights and Measures] Consumer Equitability shall determine the qualifications of an applicant for a license as a public weighmaster based on:

      1.  The information provided on the application and any supplementary information determined appropriate by the State Sealer of [Weights and Measures;] Consumer Equitability; and

      2.  The results of an examination of the knowledge of the applicant.

      Sec. 29. NRS 582.032 is hereby amended to read as follows:

      582.032  1.  An applicant for the issuance or renewal of a license as a public weighmaster shall submit to the State Sealer of [Weights and Measures] Consumer Equitability the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of a license as a public weighmaster; or

      (b) A separate form prescribed by the State Sealer of [Weights and Measures.] Consumer Equitability.

 


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ê2013 Statutes of Nevada, Page 2481 (Chapter 430, SB 464)ê

 

      3.  A license as a public weighmaster may not be issued or renewed by the State Sealer of [Weights and Measures] Consumer Equitability pursuant to NRS 581.103 if the applicant:

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

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

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

      Sec. 30. NRS 582.040 is hereby amended to read as follows:

      582.040  If satisfied with the qualifications of the applicant, the State Sealer of [Weights and Measures] Consumer Equitability shall issue a license as a public weighmaster, for which license the State Sealer of [Weights and Measures] Consumer Equitability shall charge a fee established by regulation of the State Board of Agriculture.

      Sec. 31. NRS 582.043 is hereby amended to read as follows:

      582.043  The State Sealer of [Weights and Measures] Consumer Equitability shall:

      1.  Grant licenses as public weighmasters to qualified applicants; and

      2.  Keep a record of all applications submitted and all licenses issued.

      Sec. 32. NRS 582.045 is hereby amended to read as follows:

      582.045  1.  If the State Sealer of [Weights and Measures] Consumer Equitability receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed as a public weighmaster, the State Sealer of [Weights and Measures] Consumer Equitability shall deem the license to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Sealer of [Weights and Measures] Consumer Equitability receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The State Sealer of [Weights and Measures] Consumer Equitability shall reinstate a license of appointment as a public weighmaster suspended by a district court pursuant to NRS 425.540 if the State Sealer of [Weights and Measures] Consumer Equitability receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 33. NRS 582.049 is hereby amended to read as follows:

      582.049  The State Sealer of [Weights and Measures] Consumer Equitability may suspend or revoke the license of a public weighmaster:

 


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ê2013 Statutes of Nevada, Page 2482 (Chapter 430, SB 464)ê

 

      1.  When, following a hearing held after 10 days’ notice to the licensee, the State Sealer of [Weights and Measures] Consumer Equitability is satisfied that the licensee has violated a provision of this chapter or any regulation adopted pursuant thereto;

      2.  When the licensee has been convicted in a court of competent jurisdiction of violating a provision of this chapter or any regulation adopted pursuant thereto; or

      3.  When the licensee is convicted of a felony.

      Sec. 34. NRS 582.085 is hereby amended to read as follows:

      582.085  1.  A certificate of weights and measures, when properly filled out and signed, is prima facie evidence of the accuracy of the measurements shown.

      2.  The design of and the information to be furnished on a certificate of weights and measures must be prescribed by the State Sealer of [Weights and Measures] Consumer Equitability by regulation, and include, without limitation:

      (a) The name and license number of the public weighmaster;

      (b) The kind of commodity weighed, measured or counted;

      (c) The name of the owner, agent or consignee of the commodity;

      (d) The name of the recipient of the commodity, if applicable;

      (e) The date on which the certificate is issued;

      (f) The consecutive number of the certificate;

      (g) The identification, including any identification number, of the carrier transporting the commodity, and the identification number or license number of the vehicle;

      (h) Any relevant information needed to distinguish or identify the commodity from a like kind;

      (i) The number of units of the commodity, if applicable;

      (j) The measure of the commodity, if applicable;

      (k) The weight or mass of the commodity and the vehicle or container, if applicable, as follows:

             (1) The gross weight of the commodity and the associated vehicle or container;

             (2) The tare weight of the unladened vehicle or container; or

             (3) Both the gross and tare weight and the resultant net weight of the commodity; and

      (l) The signature of the public weighmaster who determined the weight, measure or count.

      Sec. 35. NRS 582.115 is hereby amended to read as follows:

      582.115  A public weighmaster shall keep and preserve a legible copy of each certificate of weights and measures which the public weighmaster issues for the period specified by the State Sealer of [Weights and Measures] Consumer Equitability by regulation. The certificates must be available for inspection by an authorized employee of the Division during normal office hours.

      Sec. 36. NRS 582.125 is hereby amended to read as follows:

      582.125  The State Sealer of [Weights and Measures] Consumer Equitability may recognize and accept certificates of weights and measures issued by licensed public weighmasters of any other state if that other state recognizes and accepts certificates of weights and measures issued by licensed public weighmasters of this state.

 


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ê2013 Statutes of Nevada, Page 2483 (Chapter 430, SB 464)ê

 

      Sec. 37. NRS 582.210 is hereby amended to read as follows:

      582.210  1.  Except as otherwise provided in subsection 2:

      (a) A public weighmaster shall not weigh a vehicle or combination of vehicles when part of the vehicle or connected combination is not resting fully, completely and as one entire unit on the scale.

      (b) When weighing a combination of vehicles that will not rest fully, completely and as one complete unit on the scale platform:

             (1) The combination of vehicles must be disconnected and weighed in single drafts; and

             (2) The weights of the single drafts may be combined in order to issue a single certificate of weights and measures for the combination, provided that the certificate indicates that the total represents a combination of single draft weighings.

      2.  A public weighmaster who operates a vehicle scale that was installed before January 1, 2004, may apply to the State Sealer of [Weights and Measures] Consumer Equitability for a permanent variance from the requirements of subsection 1 that would allow the split weighing of certain vehicles or combinations of vehicles. The request must contain:

      (a) The name, address and telephone number of the public weighmaster and the reason for the request.

      (b) The name of the manufacturer, and the type, location, deck length, serial number and capacity, of the vehicle scale.

      (c) The maximum distance between the front and rear outer axles of a vehicle or combination of vehicles to which the variance would apply.

      (d) A statement certifying that, during the split weighing of any vehicle or combination of vehicles, the public weighmaster will verify that:

             (1) Each axle of the vehicle or combination of vehicles rests on a straight surface which is level with the deck of the vehicle scale or which, if not level, the amount by which it is out of level does not exceed 1/3 inch per foot of distance between the deck of the vehicle scale and the axle;

             (2) The brakes of the vehicle or combination of vehicles are not used; and

             (3) The transmission of the vehicle or combination of vehicles is in neutral.

      Sec. 38. NRS 582.300 is hereby amended to read as follows:

      582.300  1.  A person shall not:

      (a) Except as otherwise provided in NRS 582.029, act as a public weighmaster without a valid license, including, without limitation:

             (1) Assuming the title of public weighmaster or any similar title;

             (2) Performing the duties or acts to be performed by a public weighmaster;

             (3) Holding himself or herself out as a public weighmaster;

             (4) Issuing any certificate of weights and measures, ticket, memorandum or statement for which a fee is charged; or

             (5) Engaging in a full-time or part-time business of measuring for hire;

      (b) Use or operate any device for purposes of certification that does not meet, or is not operated in accordance with, the provisions of chapter 581 of NRS and any regulations adopted pursuant thereto relating to the specifications, tolerances and other technical requirements for weighing and measuring devices;

 


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ê2013 Statutes of Nevada, Page 2484 (Chapter 430, SB 464)ê

 

      (c) Falsify a certificate of weights and measures or falsely certify any gross, tare or net weight or measure required by this chapter to be on the certificate;

      (d) Refuse without cause to weigh or measure any article or thing which is the person’s duty to weigh or measure, or refuse to state in any certificate anything required to be therein;

      (e) Hinder or obstruct in any way the State Sealer of [Weights and Measures] Consumer Equitability or an authorized agent thereof in the performance of the official duties of the State Sealer of [Weights and Measures] Consumer Equitability under this chapter;

      (f) Violate any provision of this chapter or any regulation adopted pursuant thereto;

      (g) Delegate his or her authority to a person not licensed as a public weighmaster;

      (h) Request a false certificate of weights and measures, or request a public weighmaster to weigh, measure or count property or produce, or a vehicle, commodity or any other article falsely or incorrectly;

      (i) Issue a certificate simulating the certificate of weights and measures issued pursuant to this chapter; or

      (j) Use or possess a device for weighing and measuring which has been altered to facilitate fraud.

      2.  A person who violates any provision of this section is, in addition to any criminal penalty that may be imposed, subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of [Weights and Measures] Consumer Equitability pursuant to NRS 582.021.

      Sec. 39. NRS 582.310 is hereby amended to read as follows:

      582.310  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of [Weights and Measures] Consumer Equitability or a designee thereof shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of [Weights and Measures] Consumer Equitability or designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of [Weights and Measures;] Consumer Equitability; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of [Weights and Measures] Consumer Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be remitted to the county treasurer of the county in which the violation occurred for credit to the county school district fund.

      Sec. 40. NRS 590.063 is hereby amended to read as follows:

      590.063  1.  The use of pumps, dispensers or other devices which are capable of withdrawing gasoline from each of two tanks containing different qualities of the same petroleum product or motor vehicle fuel and dispensing them as a single combined product must be authorized if the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture determines that all the following conditions exist:

 


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ê2013 Statutes of Nevada, Page 2485 (Chapter 430, SB 464)ê

 

them as a single combined product must be authorized if the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture determines that all the following conditions exist:

      (a) The device mechanism accurately measures the quantities of the gasoline being simultaneously withdrawn from each of the two tanks and the quantity dispensed.

      (b) The device mechanism accurately and visibly records and displays the resulting combined quality, the total quantity, the price per gallon for the particular quality combination being dispensed and the total price of the quantity of gasoline dispensed at the particular sale.

      (c) The device has a locking selector mechanism which prevents the changing of the proportion of the two qualities being combined during the dispensing of the desired quantity.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks containing two different grades of the same product, which, if blended together in different proportions, will produce gasoline of different octane rating, each blend of which meets the specifications for gasoline as required by this chapter.

      Sec. 41. NRS 590.065 is hereby amended to read as follows:

      590.065  1.  The use of pumps, dispensers or other devices which are capable of withdrawing gasoline from one tank containing gasoline and another tank containing motor oil and dispensing them as a single combined product and of withdrawing gasoline alone from the tank containing gasoline must be authorized if the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture determines that all the following conditions exist:

      (a) The device mechanism accurately measures the quantities being simultaneously withdrawn for dispensing as a combined product from each of the two tanks when the combined product is dispensed, and the quantity being dispensed from the gasoline tank alone when gasoline alone is dispensed.

      (b) The device mechanism accurately and visibly records and displays the ratio of gasoline to motor oil, the quantity of each ingredient being dispensed, the price per gallon for gasoline being dispensed and the price per quart for motor oil being dispensed, or accurately and visibly records and displays the ratio of gasoline to motor oil and the total volume of the oil and gasoline mixture delivered, and computes the total cost based upon the price set for the finished blend.

      (c) The device mechanism prevents the changing of the ratio of gasoline to motor oil during dispensing.

      (d) There is firmly attached to or painted upon the device mechanism panel a sign or label plainly visible consisting of the words “two-cycle motor fuel” together with the brand name or trademark of the product, all of which must be in letters not less than one-half inch in height.

      2.  The provisions of this section authorize the operation of a blending type of pump or dispenser connected to two tanks, one containing motor oil and the other gasoline, but only if the motor oil in its separate state meets the specifications for lubricating oil as required by NRS 590.080 and the gasoline in its separate state meets the specifications for gasoline as required by NRS 590.070.

 


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ê2013 Statutes of Nevada, Page 2486 (Chapter 430, SB 464)ê

 

      Sec. 42. NRS 590.073 is hereby amended to read as follows:

      590.073  1.  It is unlawful for any person to sell, offer for sale or assist in the sale of, or permit to be sold or offered for sale, any aviation fuel unless such fuel conforms to the specification standards prescribed by regulation of the State Sealer of [Weights and Measures.] Consumer Equitability. The State Sealer of [Weights and Measures] Consumer Equitability may follow the specification standards set forth by ASTM International.

      2.  This section does not apply to aviation fuel for use by military aircraft.

      Sec. 43. NRS 590.080 is hereby amended to read as follows:

      590.080  1.  Except as otherwise provided in subsection 2, crankcase drainings, lube-distillate, or any other petroleum product may not be sold, offered for sale, delivered, offered for delivery or stored as a motor oil or lubricating oil for use in the crankcase of an internal combustion engine unless it conforms to the performance rating set forth on its container and the following specifications:

      (a) It must be free from water and suspended matter when tested by means of centrifuge, in accordance with the testing procedures approved by the State Sealer of [Weights and Measures.] Consumer Equitability.

      (b) The flash points for the various viscosity grade classifications must not be less than the following when tested by the Cleveland Open Cup Method in accordance with the testing procedures approved by the State Sealer of [Weights and Measures.] Consumer Equitability. Except as otherwise provided in this paragraph, the viscosity grade classification number of motor or lubricating oils must conform to the latest Society of Automotive Engineers viscosity classification. Grade numbers 60 and 70 must conform to the requirements listed in this paragraph.

 

                                                                                   Viscosity Sayboldt Seconds

                Viscosity                 Minimum Flash               Universal 210 Degrees

             Classification           Degrees Fahrenheit                     Fahrenheit

 

S.A.E.        5W                              305

S.A.E.        10W                            335

S.A.E.        20 and 20W               345

S.A.E.        30                                355

S.A.E.        40                                375

S.A.E.        50                                400

Grade         60                                435                         110 to less than 125

Grade         70                                470                         125 to less than 150

 

      2.  The provisions of this section do not apply to any oil labeled “prediluted” or intended only for mixture with gasoline or other motor fuel in a two-cycle engine.

      Sec. 44. NRS 590.090 is hereby amended to read as follows:

      590.090  1.  It is unlawful for any person, or any officer, agent or employee thereof, to sell, offer for sale, or assist in the sale of or permit to be sold or offered for sale any petroleum or petroleum product to be used for heating purposes, unless the petroleum or petroleum product conforms to the most recent standards adopted by ASTM International.

 


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ê2013 Statutes of Nevada, Page 2487 (Chapter 430, SB 464)ê

 

      2.  All bulk storage tanks, dispensers and petroleum tank truck compartment outlets containing or dispensing heating fuel must be labeled with the brand name and the grade designation of the heating fuel.

      3.  A person shall not use the numerical grade designation for heating fuels adopted by ASTM International unless the designation conforms to that designation. Persons using a designation other than the numerical grade designation adopted by ASTM International must file with the Division of [Measurement Standards] Consumer Equitability of the State Department of Agriculture the designation to be used together with its corresponding grade designation of ASTM International.

      Sec. 45. NRS 590.100 is hereby amended to read as follows:

      590.100  The State Sealer of [Weights and Measures] Consumer Equitability is charged with the proper enforcement of NRS 590.010 to 590.150, inclusive, and has the following powers and duties:

      1.  The State Sealer of [Weights and Measures] Consumer Equitability may publish reports relating to petroleum products and motor vehicle fuel in such form and at such times as he or she deems necessary.

      2.  The State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, shall inspect and check the accuracy of all measuring devices for petroleum products and motor vehicle fuel maintained in this State, and shall seal all such devices whose tolerances are found to be within those prescribed by the National Institute of Standards and Technology.

      3.  The State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, may take such samples as he or she deems necessary of any petroleum product or motor vehicle fuel that is kept, transported or stored within the State of Nevada. It is unlawful for any person, or any officer, agent or employee thereof, to refuse to permit the State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, in the State of Nevada, to take such samples, or to prevent or to attempt to prevent the State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, or any member of the Nevada Highway Patrol, from taking them. If the person, or any officer, agent or employee thereof, from which a sample is taken at the time of taking demands payment, then the person taking the sample shall pay the reasonable market price for the quantity taken.

      4.  The State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, may close and seal the outlets of any unlabeled or mislabeled containers, pumps, dispensers or storage tanks connected thereto or which contain any petroleum product or motor vehicle fuel which, if sold, would violate any of the provisions of NRS 590.010 to 590.150, inclusive, and shall post, in a conspicuous place on the premises where those containers, pumps, dispensers or storage tanks have been sealed, a notice stating that the action of sealing has been taken in accordance with the provisions of NRS 590.010 to 590.150, inclusive, and giving warning that it is unlawful to break, mutilate or destroy the seal or seals thereof under penalty as provided in NRS 590.110.

      5.  The State Sealer of [Weights and Measures,] Consumer Equitability, or the appointees thereof, shall, upon at least 24 hours’ notice to the owner, manager, operator or attendant of the premises where a container, pump, dispenser or storage tank has been sealed, and at the time specified in the notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank.

 


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ê2013 Statutes of Nevada, Page 2488 (Chapter 430, SB 464)ê

 

notice, break the seal for the purpose of permitting the removal of the contents of the container, pump, dispenser or storage tank. If the contents are not immediately and completely removed, the container, pump, dispenser or storage tank must be again sealed.

      6.  The State Sealer of [Weights and Measures] Consumer Equitability shall adopt regulations which are necessary for the enforcement of NRS 590.010 to 590.150, inclusive, including standard procedures for testing petroleum products or motor vehicle fuel which are based on sources such as those approved by ASTM International, and may adopt specifications for any fuel for use in internal combustion engines which is sold or offered for sale and contains any alcohol or other combustible chemical that is not a petroleum product or motor vehicle fuel.

      Sec. 46. NRS 590.110 is hereby amended to read as follows:

      590.110  It is unlawful for any person other than the State Sealer of [Weights and Measures] Consumer Equitability or his or her appointees to break, mutilate or destroy any seal placed on any container, pump, dispenser or storage tank by the State Sealer of [Weights and Measures] Consumer Equitability or his or her appointees, or to cover, deface or remove, or attempt to cover, deface or remove, any notice of sealing posted by the State Sealer of [Weights and Measures] Consumer Equitability or his or her appointees.

      Sec. 47. NRS 590.160 is hereby amended to read as follows:

      590.160  The provisions of NRS 590.160 to 590.330, inclusive, must be administered by the State Sealer of [Weights and Measures.] Consumer Equitability.

      Sec. 48. NRS 590.322 is hereby amended to read as follows:

      590.322  1.  The State Sealer of [Weights and Measures] Consumer Equitability shall adopt regulations establishing a schedule of civil penalties for any violation of NRS 590.160 to 590.330, inclusive.

      2.  In addition to any criminal penalty that may be imposed, a person who violates any provision of NRS 590.160 to 590.330, inclusive, is subject to a civil penalty in accordance with the schedule of civil penalties established by the State Sealer of [Weights and Measures] Consumer Equitability pursuant to subsection 1.

      Sec. 49. NRS 590.324 is hereby amended to read as follows:

      590.324  1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of [Weights and Measures] Consumer Equitability or a designee thereof shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of [Weights and Measures] Consumer Equitability or designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of [Weights and Measures;] Consumer Equitability; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the civil penalty, a civil action may be brought by the State Sealer of [Weights and Measures] Consumer Equitability in any court of competent jurisdiction to recover the civil penalty.

 


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ê2013 Statutes of Nevada, Page 2489 (Chapter 430, SB 464)ê

 

Equitability in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      Sec. 50. NRS 590.380 is hereby amended to read as follows:

      590.380  1.  Before any antifreeze may be sold, displayed for sale or held with intent to sell within this State, a sample thereof must be inspected annually by the State Sealer of [Weights and Measures.] Consumer Equitability.

      2.  Upon application of the manufacturer, packer, seller or distributor and the payment of a fee established by regulation of the State Board of Agriculture for each brand of antifreeze submitted, the State Sealer of [Weights and Measures] Consumer Equitability shall inspect the antifreeze submitted. If the antifreeze:

      (a) Is not adulterated or misbranded;

      (b) Meets the standards of the State Sealer of [Weights and Measures;] Consumer Equitability; and

      (c) Is not in violation of NRS 590.340 to 590.450, inclusive,

Ê the State Sealer of [Weights and Measures] Consumer Equitability shall issue to the applicant a written permit authorizing its sale in this State for the fiscal year in which the inspection fee is paid.

      3.  If the State Sealer of [Weights and Measures] Consumer Equitability at a later date finds that:

      (a) The product to be sold, displayed for sale or held with intent to sell has been materially altered or adulterated;

      (b) A change has been made in the name, brand or trademark under which the antifreeze is sold; or

      (c) The antifreeze violates the provisions of NRS 590.340 to 590.450, inclusive,

Ê the State Sealer of [Weights and Measures] Consumer Equitability shall notify the applicant and the permit must be cancelled forthwith.

      Sec. 51. NRS 590.400 is hereby amended to read as follows:

      590.400  1.  The State Sealer of [Weights and Measures] Consumer Equitability shall enforce the provisions of NRS 590.340 to 590.450, inclusive, by inspections, chemical analyses or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in the State or intended for sale in the State, or the State Sealer of [Weights and Measures,] Consumer Equitability, through his or her agents, may call upon the manufacturer or distributor applying for an inspection of an antifreeze to supply such samples thereof for analysis.

      2.  The State Sealer of [Weights and Measures,] Consumer Equitability, through his or her agents, shall have free access at all reasonable times to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze, and he or she may open any box, carton, parcel or package containing or supposed to contain any antifreeze and may take therefrom samples for analysis. If the person, or any officer, agent or employee thereof, from which such sample is taken, at the time of taking demands payment, the person taking such sample shall pay the reasonable market price therefor.

      Sec. 52. NRS 590.420 is hereby amended to read as follows:

      590.420  The State Sealer of [Weights and Measures] Consumer Equitability may furnish upon request a list of the brands and trademarks of antifreeze inspected by the State Sealer of [Weights and Measures] Consumer Equitability or his or her agents during the fiscal year which have been found to be in accord with NRS 590.340 to 590.450, inclusive.

 


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ê2013 Statutes of Nevada, Page 2490 (Chapter 430, SB 464)ê

 

Consumer Equitability or his or her agents during the fiscal year which have been found to be in accord with NRS 590.340 to 590.450, inclusive.

      Sec. 53. NRS 590.430 is hereby amended to read as follows:

      590.430  No advertising literature relating to any antifreeze sold or to be sold in this State shall contain any statement that the antifreeze advertised for sale has been approved by the State Sealer of [Weights and Measures;] Consumer Equitability; but if any antifreeze has been inspected by the State Sealer of [Weights and Measures] Consumer Equitability and found to meet the standards of the State Sealer of [Weights and Measures] Consumer Equitability and not to be in violation of NRS 590.340 to 590.450, inclusive, such statement may be contained in any advertising literature where such brand or trademark of antifreeze is being advertised for sale.

      Sec. 54. NRS 590.440 is hereby amended to read as follows:

      590.440  Whenever the State Sealer of [Weights and Measures] Consumer Equitability shall discover any antifreeze is being sold or has been sold in violation of NRS 590.340 to 590.450, inclusive, the facts shall be furnished to the district attorney of the county where the violation occurred, who shall institute proper proceedings.

      Sec. 55. NRS 590.605 is hereby amended to read as follows:

      590.605  1.  Whenever the Board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this State, or is acting or conducting operations in any other manner which the Board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this State, the Board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive, or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the Board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than the licensee bills the customer for with the intent to defraud, that fact must be reported to the State Sealer of [Weights and Measures.] Consumer Equitability.

      2.  The Board shall cite the licensee, upon notice, stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any, why the license should not be revoked or suspended or other disciplinary action should not be taken.

      3.  The Board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the Board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the Board may revoke or suspend the license summarily or take such intermediate action, including the imposition of a fine, as it deems appropriate. In addition to any penalties imposed pursuant to this subsection, the licensee shall pay to the Board any costs incurred by the Board in conducting the investigation and hearing, including:

      (a) Costs to employ an attorney or other consultant; and

      (b) Per diem allowances and travel expenses.

 


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ê2013 Statutes of Nevada, Page 2491 (Chapter 430, SB 464)ê

 

Ê Money received by the Board from the imposition of fines must be paid to the State Treasurer for credit to the State General Fund. The Board may retain the money paid to reimburse it for the costs of conducting an investigation and hearing.

      5.  The findings of the Board pursuant to this section, the judgment and the order must be reduced to writing and filed in the permanent public records of the Board. Copies must be furnished to the licensee and the complaining customer, if any. A licensee is entitled to judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the Board’s order must be stayed until judicial review is completed.

      6.  In any case where the Board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the Board.

      Sec. 56. NRS 706.276 is hereby amended to read as follows:

      706.276  1.  The provisions of chapter 582 of NRS are hereby made applicable to this chapter.

      2.  Except as otherwise provided in subsection 6, all vehicles required to be weighed under the provisions of this chapter must be weighed by a public weighmaster under such rules and regulations as may be deemed advisable by the Department and the State Sealer of [Weights and Measures,] Consumer Equitability, and according to the provisions of chapter 582 of NRS, except as otherwise provided herein.

      3.  The Department may collect a fee, not to exceed $1, for each vehicle weighed by the Department.

      4.  The State Sealer of [Weights and Measures] Consumer Equitability from time to time, upon request of the Department, shall appoint additional public weighmasters, according to the provisions of chapter 582 of NRS, as may be necessary to effectuate the purposes of this chapter.

      5.  Public weighmasters’ certificates issued in states other than Nevada, when such certificates bear the seal of such weighmaster, may be accepted by the Department as evidence of the weight of the vehicle for which a license is applied.

      6.  In lieu of weighing a farm vehicle pursuant to subsection 2, the farmer or rancher who uses the farm vehicle may:

      (a) Weigh the farm vehicle on a scale which has been certified by the State Sealer of [Weights and Measures;] Consumer Equitability; and

      (b) Use a printout from that scale setting forth the declared gross weight of the farm vehicle as proof of the declared gross weight of the farm vehicle for purposes of this chapter.

      Sec. 57.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 58.  This act becomes effective on July 1, 2013.

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ê2013 Statutes of Nevada, Page 2492ê

 

CHAPTER 431, SB 481

Senate Bill No. 481–Committee on Finance

 

CHAPTER 431

 

[Approved: June 7, 2013]

 

AN ACT relating to education; extending the prospective expiration of the temporary waiver from certain requirements governing expenditures for textbooks, instructional supplies, instructional software and instructional hardware by school districts, charter schools and university schools for profoundly gifted pupils; extending the prospective expiration of the temporary waiver from certain requirements governing expenditures for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities by school districts; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Education to determine the amount of money that each school district, charter school and university school for profoundly gifted pupils is required to expend during each fiscal year on textbooks, instructional supplies, instructional software and instructional hardware. (NRS 387.206) Existing law also authorizes the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils that is experiencing an economic hardship to submit a request to the Department for a waiver of all or a portion of the minimum expenditure requirements. (NRS 387.2065) Assembly Bill No. 5 of the 26th Special Session provided a temporary waiver for the 2009-2011 biennium from these requirements without requiring the school districts, charter schools or university schools for profoundly gifted pupils to submit a request for such a waiver. (Chapter 6, Statutes of Nevada 2010, 26th Special Session, p. 41) The 2011 Legislative Session extended the temporary waiver from these minimum expenditure requirements for the 2011-2013 biennium. This temporary waiver is scheduled to expire on June 30, 2013. (Chapter 417, Statutes of Nevada 2011, p. 2569) This bill extends the prospective expiration of the temporary waiver to June 30, 2015, thereby extending the temporary waiver from the minimum expenditure requirements for the 2013-2015 biennium.

      Existing law requires each school district to expend each school year for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities an amount of money, expressed as an amount per pupil, that is at least equal to the average of the total amount of money that was expended per year for those items in the immediately preceding 3 years. (NRS 387.207) The 2011 Legislative Session provided a temporary waiver for the 2011-2013 biennium to each school district from these minimum expenditure requirements, which is scheduled to expire on June 30, 2013. (Chapter 417, Statutes of Nevada 2011, p. 2569) This bill extends the prospective expiration of the temporary waiver to June 30, 2015, thereby extending the temporary waiver from the minimum expenditure requirements for the 2013-2015 biennium.

 


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ê2013 Statutes of Nevada, Page 2493 (Chapter 431, SB 481)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. Section 1 of chapter 6, Statutes of Nevada 2010, 26th Special Session, as amended by chapter 417, Statutes of Nevada 2011, at page 2569, is hereby amended to read as follows:

       Section 1.  1.  Notwithstanding the provisions of NRS 387.206, 387.2065 and 387.207 to the contrary for the [2011-2013] 2013-2015 biennium:

       (a) The Department of Education is not required to comply with the provisions of NRS 387.206 and 387.2065.

       (b) Each school district, charter school and university school for profoundly gifted pupils is not required to comply with the provisions governing the minimum amount of money that must be expended for each fiscal year in that biennium for textbooks, instructional supplies, instructional software and instructional hardware as prescribed pursuant to NRS 387.206 and is not required to submit a request for a waiver pursuant to NRS 387.2065. The restrictions on the use of the money that would have otherwise been expended by the school district, charter school or university school for profoundly gifted pupils to meet the requirements of NRS 387.206 as set forth in subsection 7 of NRS 387.2065 apply during this period.

       (c) Each school district is not required to comply with the provisions governing the minimum amount of money that must be expended for each school year in that biennium for library books, software for computers, the purchase of equipment relating to instruction and the maintenance and repair of equipment, vehicles, and buildings and facilities as prescribed pursuant to NRS 387.207.

       2.  If, before the effective date of this act, the board of trustees of a school district, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils submitted a request for a waiver pursuant to NRS 387.2065, the Department of Education shall return the request to the applicant.

      Sec. 2. Section 2 of chapter 6, Statutes of Nevada 2010, 26th Special Session, as amended by chapter 417, Statutes of Nevada 2011, at page 2569, is hereby amended to read as follows:

       Sec. 2.  This act becomes effective upon passage and approval and applies retroactively from and after July 1, 2009, and expires by limitation on June 30, [2013.] 2015.

      Sec. 3. (Deleted by amendment.)

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

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ê2013 Statutes of Nevada, Page 2494ê

 

CHAPTER 432, SB 490

Senate Bill No. 490–Committee on Finance

 

CHAPTER 432

 

[Approved: June 7, 2013]

 

AN ACT relating to governmental administration; transferring authority for the Supplemental Food Program from the Administrator of the Purchasing Division of the Department of Administration to the Director of the State Department of Agriculture; abolishing the account used by the Administrator to administer that Program; creating a new account for the use of the Director to administer the Program; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law requires the Administrator of the Purchasing Division of the Department of Administration to establish and administer a Supplemental Food Program to supplement the supply of food and the services provided by programs which provide food to indigent persons. (NRS 333.225) Existing law further creates the Donated Commodities Account in the State General Fund for the use of the Administrator in administering the Supplemental Food Program. (NRS 333.124) Section 6 of this bill repeals the provisions governing the establishment and administration of the Supplemental Food Program by the Administrator and creation of the Donated Commodities Account for the use of the Administrator in administering the Program. Sections 3 and 5 of this bill transfer the powers and duties concerning establishing and administering the Supplemental Food Program and the use of the Donated Commodities Account from the Administrator of the Purchasing Division to the Director of the State Department of Agriculture. Section 4 of this bill authorizes the Director to donate certain commodities to organizations created for religious, charitable or educational purposes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 333.195 is hereby amended to read as follows:

      333.195  [1.]  The Administrator may donate [commodities,] supplies, materials and equipment that he or she determines have reached the end of their useful lives to any organization described in NRS 372.3261.

      [2.  If the Administrator donates such commodities to a tax-supported or nonprofit school or other health or educational institution pursuant to subsection 1, the provisions of subsection 2 of NRS 333.124 do not apply.]

      Sec. 2. Chapter 561 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3.  1.  The Donated Commodities Account is hereby created in the State General Fund for the use of the Director in acquiring commodities donated by the Federal Government and its agencies and to purchase and distribute nutritious food in accordance with section 5 of this act.

      2.  Except as otherwise provided in section 4 of this act, if a tax-supported or nonprofit school or other health or educational institution receives a donated commodity secured through the Department, the Director shall charge the school or institution a fee in an amount sufficient to repay part or all of the cost of transportation and other costs incurred in acquiring the commodity.

 


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ê2013 Statutes of Nevada, Page 2495 (Chapter 432, SB 490)ê

 

Director shall charge the school or institution a fee in an amount sufficient to repay part or all of the cost of transportation and other costs incurred in acquiring the commodity.

      3.  All money received by the Director pursuant to this section must be deposited in the State Treasury for credit to the Donated Commodities Account. The interest and income earned on the money in the Account must be credited to the Account.

      4.  Costs of freight, storage, handling charges and other administrative expenses, including compensation of Department personnel, incidental to the acquisition of the donated commodities and the administration of the Supplemental Food Program may be paid from the Donated Commodities Account.

      Sec. 4. The Director may donate commodities that he or she determines have reached the end of their useful lives to any organization described in NRS 372.3261.

      Sec. 5.  1.  The Director shall establish a Supplemental Food Program to supplement the supply of food and the services provided by programs which provide food to indigent persons, including, without limitation, a food bank, emergency food pantry, soup kitchen and homeless shelter.

      2.  The Director may solicit and accept any gift, grant or donation for the Program. Upon receipt of any gift, grant or donation of money, the amount received must be deposited in the Donated Commodities Account created by section 3 of this act. Gifts, grants or donations deposited in the Account must be used in the same manner as other money in the Account.

      3.  The Director may maintain and operate central supply services at any center, including a central warehouse or storeroom service.

      4.  In carrying out the Program, the Director shall purchase and distribute nutritious food to persons in this State who cannot afford to purchase that food. Except as otherwise provided in subsection 2 of section 3 of this act, the money in the Account must be used in the following proportions:

      (a) Not less than 95 percent must be used to purchase and distribute nutritious foods which are infrequently donated or which will supplement the food which is donated, including, but not limited to, peanut butter, tuna fish, fruit, vegetables, dry milk and stew; and

      (b) Any remainder may be used to provide educational information regarding nutrition and the purchase and preparation of food.

      Sec. 6. NRS 333.124 and 333.225 are hereby repealed.

      Sec. 7.  1.  Any contract or other agreement entered into by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. The contract or other agreement may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      2.  Any action taken by an officer, agency or other entity whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of those actions has been transferred.

 


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ê2013 Statutes of Nevada, Page 2496 (Chapter 432, SB 490)ê

 

      Sec. 8.  As soon as practicable after July 1, 2013, at the time the Donated Commodities Account in the State General Fund established by NRS 333.124 is abolished, the State Treasurer shall ensure that the uncommitted balance in that Account is transferred to the Donated Commodities Account in the State General Fund created by section 3 of this act.

      Sec. 9.  This act becomes effective on July 1, 2013.

________

CHAPTER 433, AB 58

Assembly Bill No. 58–Committee on Government Affairs

 

CHAPTER 433

 

[Approved: June 7, 2013]

 

AN ACT relating to veterans; making the Office of Veterans Services the Department of Veterans Services; creating the Interagency Council on Veterans Affairs; revising provisions relating to donations for veterans homes; requiring the Division of State Parks of the State Department of Conservation and Natural Resources to issue annual permits for the free use of state parks and other recreational areas to certain veterans; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Office of Veterans Services has various duties and powers relating to veterans and servicemen and servicewomen and their dependents in Nevada, including assisting them with obtaining benefits to which they are entitled and any services that they require and providing administrative oversight of veterans homes and veterans cemeteries in Nevada. (Chapter 417 of NRS) Section 14 of this bill changes the Office to the Department of Veterans Services, a state department. Accordingly, the Executive Director and Deputy Executive Director of the Office become the Director and Deputy Director of the Department, respectively. The Nevada Veterans Services Commission will now advise the Department instead of the Office. (NRS 417.190) Sections 1-7, 13, 15-33, 45 and 48-50 of this bill make conforming changes.

      In 2012, the Governor established by executive order the Interagency Council on Veterans Affairs. (Executive Order 2012-15 (7-3-2012)) The Council was charged with identifying and prioritizing the needs of Nevada’s veterans, working toward increasing the coordination of the efforts of public and private agencies to meet those needs and preparing a report of its findings and recommendations by December 31, 2013, for submission to the Governor. Section 10 of this bill creates the Council in statute and prescribes its membership, which includes ex officio members and members appointed by the Governor. Section 11 of this bill requires the Council to hold meetings at least once every 3 months. Section 12 of this bill prescribes issues for the Council to study and requires the Council to submit a report of its findings and recommendations to each regular session of the Legislature.

      The Gift Account for Veterans Homes is established under existing law to receive gifts of money or personal property which a donor has restricted to one or more uses at a veterans home. (NRS 417.145) As a result of the authorization of the creation of a veterans home in northern Nevada in section 55 of this bill, section 23 of this bill changes the existing Gift Account for Veterans Homes to the Gift Account for the Veterans Home in Southern Nevada to be used for the deposit of gifts which donors have restricted to use at that home. Section 23 also creates the Gift Account for the Veterans Home in Northern Nevada to be used for the deposit of gifts which donors have restricted to use at this new veterans home.

 


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ê2013 Statutes of Nevada, Page 2497 (Chapter 433, AB 58)ê

 

Veterans Home in Northern Nevada to be used for the deposit of gifts which donors have restricted to use at this new veterans home. Sections 37-44 and 47 of this bill make conforming changes.

      Under existing law, the Division of State Parks of the State Department of Conservation and Natural Resources is required to issue an annual permit for the free use of all state parks and recreational areas in this State to persons who are 65 years of age or older and who meet certain residency requirements. (NRS 407.065) Section 46 of this bill extends this same benefit to a veteran with a permanent service-connected disability of 10 percent or more who received an other than dishonorable discharge from the Armed Forces of the United States and who is a resident of Nevada.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 417 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 417.010 and sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Department” means the Department of Veterans Services created by NRS 417.020.

      Sec. 4. “Deputy Director” means the Deputy Director of the Department.

      Sec. 5. “Director” means the Director of the Department.

      Sec. 6. (Deleted by amendment.)

      Sec. 7. The Director may adopt such regulations as are necessary to carry out the provisions of this chapter.

      Secs. 8 and 9. (Deleted by amendment.)

      Sec. 10. 1.  The Interagency Council on Veterans Affairs is hereby created. The Council consists of:

      (a) The Director of the Department of Business and Industry;

      (b) The Director of the Department of Corrections;

      (c) The Director of the Department of Employment, Training and Rehabilitation;

      (d) The Director of the Department of Health and Human Services;

      (e) The Director of the Department of Public Safety;

      (f) The Director of the Department of Veterans Services;

      (g) The Adjutant General;

      (h) The Chancellor of the Nevada System of Higher Education;

      (i) The Executive Director of the Office of Economic Development;

      (j) The Executive Director of the Nevada Indian Commission; and

      (k) Any other persons appointed by the Governor, including, without limitation, representatives of federal and local governmental agencies and private entities that provide services to veterans. Members appointed pursuant to this paragraph serve at the pleasure of the Governor.

      2.  A member of the Council may designate a person to represent him or her at any meeting of the Council. The person designated may exercise all the duties, rights and privileges of the member that he or she represents.

      Sec. 11. 1.  The members of the Council shall elect a Chair and a Vice Chair. The Vice Chair presides in the absence of the Chair.

 


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      2.  The Council shall meet at least once each quarter but may meet more often at the call of the Chair or a majority of the members of the Council.

      3.  Members of the Council serve without compensation, except that each member of the Council is entitled, while engaged in the business of the Council, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Council who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him or her.

      4.  Each member of the Council who is an officer or employee of the State of Nevada or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to make up the time that he or she is absent from work to carry out his or her duties as a member of the Council or to use annual vacation or compensatory time for the absence.

      5.  A majority of the members of the Council constitutes a quorum, and a quorum may exercise all the powers conferred on the Council.

      Sec. 12. The Interagency Council on Veterans Affairs shall:

      1.  Identify and prioritize the needs of veterans and servicemen and servicewomen and their families in this State.

      2.  Study the coordination of the efforts of the Federal Government, State Government, local governments and private entities to meet the needs of veterans and servicemen and servicewomen and their families in this State.

      3.  On or before February 15 of each year, submit a report concerning the activities of the Council during the preceding calendar year and any recommendations of the Council to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:

      (a) If the Legislature is in session, the standing committees of the Legislature which have jurisdiction of the subject matter; or

      (b) If the Legislature is not in session, the Legislative Commission.

      Sec. 13. NRS 417.010 is hereby amended to read as follows:

      417.010  [As used in this chapter, unless the context otherwise requires:

      1.]  “Administrator” means the administrator of a veterans home in this State.

      [2.  “Deputy Executive Director” means the Deputy Executive Director for Veterans Services.

      3.  “Executive Director” means the Executive Director for Veterans Services.]

      Sec. 14. NRS 417.020 is hereby amended to read as follows:

      417.020  1.  The [Office] Department of Veterans Services is hereby created.

      2.  [The Office consists of the offices of the Executive Director for Veterans Services and the Deputy Executive Director for Veterans Services.

 


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      3.  The Executive Director shall serve as the Director of the Office of Veterans Services and is responsible for the performance of the duties imposed upon the Office, and for such other duties as may be prescribed by this chapter.

      4.  The Executive Director may adopt such regulations as are necessary to carry out the provisions of this chapter.] The Department is vested with the powers and authority provided in this chapter and shall carry out the purposes of this chapter.

      Sec. 15. NRS 417.030 is hereby amended to read as follows:

      417.030  1.  The office of Director of the Department of Veterans Services is hereby created.

      2.  The [Executive] Director [and Deputy Executive Director] must be appointed by and serves at the pleasure of the Governor.

      [2.] 3.  The Director shall appoint one Deputy Director of the Department, who shall assist the Director in performing the duties prescribed in this chapter.

      4.  Any person to be eligible for appointment as the [Executive] Director or the Deputy [Executive] Director must:

      (a) Be an actual and bona fide resident of the State of Nevada;

      (b) Possess an honorable discharge from some branch of the military and naval service of the United States; and

      (c) Have at least 4 years of experience in management or administration.

      Sec. 16. NRS 417.035 is hereby amended to read as follows:

      417.035  The [Executive] Director shall execute and deliver to the Secretary of State his or her official bond in the penal sum of $500,000 with a corporate surety licensed to do business in this State, conditioned to ensure his or her faithful discharge of responsibilities as guardian of the estates of those veterans and dependents for whom he or she acts. A separate bond for each estate is not required.

      Sec. 17. NRS 417.060 is hereby amended to read as follows:

      417.060  The [Executive] Director and the Deputy [Executive] Director are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, each shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.

      Sec. 18. NRS 417.070 is hereby amended to read as follows:

      417.070  1.  The office of the [Executive] Director must be located in the same city where the state regional office of the United States Department of Veterans Affairs maintains its state administrative bureau, and if that office is discontinued in the State of Nevada, then at such place as the Governor may designate.

      2.  The office of the Deputy [Executive] Director must be maintained at Las Vegas, Nevada.

      [3.  The Deputy Executive Director shall report to the Executive Director and shall assist the Executive Director in performing the duties prescribed in this chapter.]

      Sec. 19. NRS 417.080 is hereby amended to read as follows:

      417.080  1.  The [Executive] Director:

      (a) May employ such clerical and stenographic assistance as necessary.

      (b) May purchase necessary office equipment and supplies.

      (c) Is entitled to receive necessary travel and miscellaneous administrative expenses in the administration of this chapter.

 


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      2.  All clerical and stenographic services, office equipment and supplies, travel expenses at the same rate as other state officers and miscellaneous administrative expenses and salaries must be paid at the time and in the manner that similar claims and expenses of other state departments and officers are paid, but:

      (a) All expenses must be within the limits of the appropriation made for the purposes of this chapter; and

      (b) The salaries and compensation of clerks and stenographers must be at the same rate as that provided by law for clerks and stenographers in other state departments.

      Sec. 20. NRS 417.090 is hereby amended to read as follows:

      417.090  The [Executive] Director and the Deputy [Executive] Director shall:

      1.  Assist veterans, and those presently serving in the military and naval forces of the United States who are residents of the State of Nevada, their wives, widows, widowers, husbands, children, dependents, administrators, executors and personal representatives, in preparing, submitting and presenting any claim against the United States, or any state, for adjusted compensation, hospitalization, insurance, pension, disability compensation, vocational training, education or rehabilitation and assist them in obtaining any aid or benefit to which they may, from time to time, be entitled under the laws of the United States or of any of the states.

      2.  Aid, assist, encourage and cooperate with every nationally recognized service organization insofar as the activities of such organizations are for the benefit of veterans, servicemen and servicewomen.

      3.  Give aid, assistance and counsel to each and every problem, question and situation, individual as well as collective, affecting any veteran, serviceman or servicewoman, or their dependents, or any group of veterans, servicemen and servicewomen, when in their opinion such comes within the scope of this chapter.

      4.  Coordinate activities of veterans organizations.

      5.  Serve as a clearinghouse and disseminate information relating to veterans benefits.

      6.  Conduct any studies which will assist veterans to obtain compensation, hospitalization, insurance, pension, disability compensation, vocational training, education, rehabilitation or any other benefit to which veterans may be entitled under the laws of the United States or of any state.

      7.  Aid, assist and cooperate with the office of coordinator of services for veterans created in a county pursuant to NRS 244.401.

      8.  Pay to each county that creates the office of coordinator of services for veterans, from state money available to him or her, a portion of the cost of operating the office in an amount determined by the [Executive] Director.

      9.  Take possession of any abandoned or unclaimed artifacts or other property that has military value for safekeeping. The [Executive] Director or Deputy [Executive] Director may transfer such property to a veterans or military museum.

      Sec. 21. NRS 417.100 is hereby amended to read as follows:

      417.100  The [Executive] Director and the Deputy [Executive] Director may:

      1.  Administer oaths to any person whose acknowledgment may become necessary in the prosecution of any claim for compensation, hospitalization, insurance or other aid or benefits.

 


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      2.  Certify to the correctness of any document or documents which may be submitted in connection with any such application.

      Sec. 22. NRS 417.105 is hereby amended to read as follows:

      417.105  1.  Each year on or before October 1, the [Office of Veterans Services] Department shall review the reports submitted pursuant to NRS 333.3368 and 338.13846.

      2.  In carrying out the provisions of subsection 1, the [Office of Veterans Services] Department shall seek input from:

      (a) The Purchasing Division of the Department of Administration.

      (b) The State Public Works Board of the State Public Works Division of the Department of Administration.

      (c) The Office of Economic Development.

      (d) Groups representing the interests of veterans of the Armed Forces of the United States.

      (e) The business community.

      (f) Local businesses owned by veterans with service-connected disabilities.

      3.  After performing the duties described in subsections 1 and 2, the [Office of Veterans Services] Department shall make recommendations to the Legislative Commission regarding the continuation, modification, promotion or expansion of the preferences for local businesses owned by veterans with service-connected disabilities which are described in NRS 333.3366 and 338.13844.

      4.  As used in this section:

      (a) “Business owned by a veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13841.

      (b) “Local business” has the meaning ascribed to it in NRS 333.3363.

      (c) “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843.

      Sec. 23. NRS 417.145 is hereby amended to read as follows:

      417.145  1.  The Veterans Home Account is hereby established in the State General Fund.

      2.  Money received from:

      (a) Payments made by the United States Department of Veterans Affairs for veterans who receive care in a veterans home;

      (b) Other payments for medical care and services;

      (c) Appropriations made by the Legislature for veterans homes;

      (d) Federal grants and other money received pursuant to paragraph (c) of subsection 1 of NRS 417.147;

      (e) Money collected pursuant to the schedule of rates established pursuant to subsection 2 of NRS 417.147 for occupancy of rooms at veterans homes; and

      (f) Except as otherwise provided in [subsection 7,] subsections 7 and 8, gifts of money and proceeds derived from the sale of gifts of personal property for the use of veterans homes, if the use of those gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Veterans Home Account.

      3.  Interest and income must not be computed on the money in the Veterans Home Account.

      4.  The Veterans Home Account must be administered by the [Executive] Director, with the advice of the administrators, and except as otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans Home Account may only be expended for:

 


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otherwise provided in paragraph (c) of subsection 1 of NRS 417.147, the money deposited in the Veterans Home Account may only be expended for:

      (a) The establishment, management, maintenance and operation of veterans homes;

      (b) A program or service related to a veterans home;

      (c) The solicitation of other sources of money to fund a veterans home; and

      (d) The purpose of informing the public about issues concerning the establishment and uses of a veterans home.

      5.  Except as otherwise provided in [subsection 7,] subsections 7 and 8, gifts of personal property for the use of veterans homes:

      (a) May be sold or exchanged if the sale or exchange is approved by the State Board of Examiners; or

      (b) May be used in kind if the gifts are not appropriate for conversion to money.

      6.  All money in the Veterans Home Account must be paid out on claims approved by the [Executive] Director as other claims against the State are paid.

      7.  The Gift Account for the Veterans [Homes] Home in Southern Nevada is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at [a] the veterans home in southern Nevada must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at [a] this veterans home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans [Homes.] Home in Southern Nevada. The interest and income earned on the money in the Gift Account for the Veterans [Homes,] Home in Southern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans [Homes.] Home in Southern Nevada. Any money remaining in the Gift Account for the Veterans [Homes] Home in Southern Nevada at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      8.  The Gift Account for the Veterans Home in Northern Nevada is hereby established in the State General Fund. Gifts of money or personal property which the donor has restricted to one or more uses at the veterans home in northern Nevada must be used only in the manner designated by the donor. Gifts of money which the donor has restricted to one or more uses at this veterans home must be deposited with the State Treasurer for credit to the Gift Account for the Veterans Home in Northern Nevada. The interest and income earned on the money in the Gift Account for the Veterans Home in Northern Nevada, after deducting any applicable charges, must be credited to the Gift Account for the Veterans Home in Northern Nevada. Any money remaining in the Gift Account for the Veterans Home in Northern Nevada at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      9.  The Gift Account for Veterans is hereby created in the State General Fund. The [Executive] Director shall administer the Gift Account for Veterans. The money deposited in the Gift Account for Veterans pursuant to NRS 482.3764 may only be used for the support of outreach programs or services for veterans and their families, or both, as determined by the [Executive] Director. The interest and income earned on the money in the Gift Account for Veterans, after deducting any applicable charges, must be credited to the Gift Account for Veterans.

 


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Gift Account for Veterans, after deducting any applicable charges, must be credited to the Gift Account for Veterans. All money in the Gift Account for Veterans must be paid out on claims approved by the [Executive] Director as other claims against the State are paid. Any money remaining in the Gift Account for Veterans at the end of each fiscal year does not lapse to the State General Fund, but must be carried forward into the next fiscal year.

      [9.]10.  The [Executive] Director shall, on or before August 1 of each year, prepare and submit to the Interim Finance Committee a report detailing the expenditures made from the Gift Account for the Veterans [Homes] Home in Southern Nevada, the Gift Account for the Veterans Home in Northern Nevada and the Gift Account for Veterans.

      Sec. 24. NRS 417.147 is hereby amended to read as follows:

      417.147  1.  The [Executive] Director shall:

      (a) Appoint an administrator for each veterans home in this State. Each administrator must be licensed as a nursing facility administrator pursuant to NRS 654.170.

      (b) Take such other actions as are necessary for the management, maintenance and operation of veterans homes in this State, including, without limitation, establishing and implementing rules, policies and procedures for such management, maintenance and operation.

      (c) Apply for federal grants and other sources of money available for establishing veterans homes. A federal grant must be used only as permitted by the terms of the grant.

      2.  With the advice of the Nevada Veterans Services Commission, the [Executive] Director shall, on or before April 1 of each calendar year, recommend to the State Board of Examiners a schedule of rates to be charged for occupancy of rooms at each veterans home in this State during the following fiscal year. The State Board of Examiners shall establish the schedule of rates. In setting the rates, the State Board of Examiners shall consider the recommendations of the [Executive] Director, but is not bound to follow the recommendations of the [Executive] Director.

      3.  The first veterans home that is established in this State must be established at a location in southern Nevada determined to be appropriate by the Interim Finance Committee. The Interim Finance Committee shall give preference to a site that is zoned appropriately for the establishment of a veterans home, that affords minimum costs of maintenance and that is located in an area where the members of the families of the veterans can easily visit the veterans home. The site for the construction of the veterans home in southern Nevada must be:

      (a) Located in reasonable proximity to:

             (1) A public transportation system;

             (2) Shopping centers; and

             (3) A major hospital that has a center for the treatment of trauma which is designated as a level II center by the Administrator of the Health Division of the Department of Health and Human Services.

      (b) Not less than 5 acres in area.

      4.  If an additional veterans home is authorized, it must be established in northern Nevada.

      Sec. 25. NRS 417.148 is hereby amended to read as follows:

      417.148  1.  A revolving account up to the amount of $2,000 is hereby created for each veterans home, and may be used for the payment of bills of the veterans home requiring immediate payment and for no other purpose.

 


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The administrator of a veterans home shall deposit the money for the revolving account for the veterans home in a bank, credit union or savings and loan association qualified to receive deposits of public money. The revolving account must be under the control of the administrator of the veterans home for which the account was created.

      2.  The [Executive] Director may transfer such amounts of money from the Veterans Home Account to a revolving account as the [Executive] Director determines necessary provided that the balance in the revolving account does not exceed $2,000.

      Sec. 26. NRS 417.150 is hereby amended to read as follows:

      417.150  1.  The Nevada Veterans Services Commission, consisting of nine members, is hereby created.

      2.  The Governor shall appoint:

      (a) Three members who are representatives of nationally recognized veterans organizations and who possess honorable discharges from some branch of the military and naval service of the United States.

      (b) Two members who are representatives of the general public.

      3.  The Chair of the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Chair of the Advisory Committee for a Veterans Cemetery in Southern Nevada shall each appoint one member from their respective committees to serve as a member of the Commission. Each member so appointed must be a representative of a nationally recognized veterans organization and possess an honorable discharge from some branch of the military and naval service of the United States.

      4.  The Majority Leader of the Senate shall appoint one member of the Senate to serve as a member of the Commission.

      5.  The Speaker of the Assembly shall appoint one member of the Assembly to serve as a member of the Commission.

      6.  The Governor may remove a member of the Commission at any time for failure to perform his or her duties, malfeasance or other good cause.

      7.  The term of office of each member is 2 years.

      8.  If a vacancy occurs in the membership of those members appointed pursuant to paragraph (a) of subsection 2, the Governor shall fill the vacancy from among the names of qualified nominees provided to the Governor in writing by the [Executive] Director.

      Sec. 27. NRS 417.160 is hereby amended to read as follows:

      417.160  1.  The Nevada Veterans Services Commission shall annually choose one of its members to serve as Chair and one of its members to serve as Vice Chair.

      2.  The [Executive] Director shall provide for the preparation and maintenance of written minutes for and audio recordings or transcripts of each meeting of the [Veterans Services] Commission.

      3.  Members of the [Veterans Services] Commission are entitled to receive:

      (a) A salary of not more than $80 per day, as fixed by the [Executive] Director, while engaged in the business of the Commission.

      (b) A subsistence allowance of not more than $56 per day, as fixed by the [Executive] Director, and actual expenses for transportation, while traveling on business of the Commission.

      Sec. 28. NRS 417.190 is hereby amended to read as follows:

      417.190  The Nevada Veterans Services Commission shall:

      1.  Advise the [Executive] Director and Deputy [Executive] Director.

 


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      2.  Make recommendations to the Governor, the Legislature, the [Executive] Director and the Deputy [Executive] Director regarding aid or benefits to veterans.

      Sec. 29. NRS 417.200 is hereby amended to read as follows:

      417.200  1.  The [Executive] Director shall establish, operate and maintain a veterans cemetery in northern Nevada and a veterans cemetery in southern Nevada, and may, within the limits of legislative authorization, employ personnel and purchase equipment and supplies necessary for the operation and maintenance of the cemeteries. The [Executive] Director shall employ a cemetery superintendent to operate and maintain each cemetery.

      2.  The cemetery superintendent shall ensure that the area immediately above and surrounding the interred remains in each veterans cemetery is landscaped with natural grass.

      3.  A person desiring to provide voluntary services to further the establishment, maintenance or operation of either of the cemeteries shall submit a written offer to the cemetery superintendent which describes the nature of the services. The cemetery superintendent shall consider all such offers and approve those he or she deems appropriate. The cemetery superintendent shall coordinate the provision of all services so approved.

      Sec. 30. NRS 417.210 is hereby amended to read as follows:

      417.210  1.  A veteran who is eligible for interment in a national cemetery pursuant to the provisions of 38 U.S.C. § 2402 is eligible for interment in a veterans cemetery in this State.

      2.  An eligible veteran, or a member of his or her immediate family, or a veterans organization recognized by the [Executive] Director may apply for a plot in a cemetery for veterans in this State by submitting a request to the cemetery superintendent on a form to be supplied by the cemetery superintendent. The cemetery superintendent shall assign available plots in the order in which applications are received. A specific plot may not be reserved before it is needed for burial. No charge may be made for a plot or for the interment of a veteran.

      3.  One plot is allowed for the interment of each eligible veteran and for each member of his or her immediate family, except where the conditions of the soil or the number of the decedents of the family requires more than one plot.

      4.  The [Executive] Director shall charge a fee for the interment of a family member, but the fee may not exceed the actual cost of interment.

      5.  As used in this section, “immediate family” means the spouse, minor child or, when the [Executive] Director deems appropriate, the unmarried adult child of an eligible veteran.

      Sec. 31. NRS 417.220 is hereby amended to read as follows:

      417.220  1.  The Account for Veterans Affairs is hereby created in the State General Fund.

      2.  Money received by the [Executive] Director or the Deputy [Executive] Director from:

      (a) Fees charged pursuant to NRS 417.210;

      (b) Allowances for burial from the United States Department of Veterans Affairs or other money provided by the Federal Government for the support of veterans cemeteries;

      (c) Receipts from the sale of gifts and general merchandise;

      (d) Grants obtained by the [Executive] Director or the Deputy [Executive] Director for the support of veterans cemeteries; and

 


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      (e) Except as otherwise provided in subsection 6 and NRS 417.145 and 417.147, gifts of money and proceeds derived from the sale of gifts of personal property that he or she is authorized to accept, if the use of such gifts has not been restricted by the donor,

Ê must be deposited with the State Treasurer for credit to the Account for Veterans Affairs and must be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, whichever is appropriate.

      3.  The interest and income earned on the money deposited pursuant to subsection 2, after deducting any applicable charges, must be accounted for separately. Interest and income must not be computed on money appropriated from the State General Fund to the Account for Veterans Affairs.

      4.  The money deposited pursuant to subsection 2 may only be used for the operation and maintenance of the cemetery for which the money was collected. In addition to personnel he or she is authorized to employ pursuant to NRS 417.200, the [Executive] Director may use money deposited pursuant to subsection 2 to employ such additional employees as are necessary for the operation and maintenance of the cemeteries, except that the number of such additional full-time employees that the [Executive] Director may employ at each cemetery must not exceed 60 percent of the number of full-time employees for national veterans cemeteries that is established by the National Cemetery Administration of the United States Department of Veterans Affairs.

      5.  Except as otherwise provided in subsection 7, gifts of personal property which the [Executive] Director or the Deputy [Executive] Director is authorized to receive but which are not appropriate for conversion to money may be used in kind.

      6.  The Gift Account for Veterans Cemeteries is hereby created in the State General Fund. Gifts of money that the [Executive] Director or the Deputy [Executive] Director is authorized to accept and which the donor has restricted to one or more uses at a veterans cemetery must be accounted for separately in the Gift Account for Veterans Cemeteries. The interest and income earned on the money deposited pursuant to this subsection must, after deducting any applicable charges, be accounted for separately for a veterans cemetery in northern Nevada or a veterans cemetery in southern Nevada, as applicable. Any money remaining in the Gift Account for Veterans Cemeteries at the end of each fiscal year does not revert to the State General Fund, but must be carried over into the next fiscal year.

      7.  The [Executive] Director or the Deputy [Executive] Director shall use gifts of money or personal property that he or she is authorized to accept and for which the donor has restricted to one or more uses at a veterans cemetery in the manner designated by the donor, except that if the original purpose of the gift has been fulfilled or the original purpose cannot be fulfilled for good cause, any money or personal property remaining in the gift may be used for other purposes at the veterans cemetery in northern Nevada or the veterans cemetery in southern Nevada, as appropriate.

      Sec. 32. NRS 417.230 is hereby amended to read as follows:

      417.230  1.  There are hereby created the Advisory Committee for a Veterans Cemetery in Northern Nevada and the Advisory Committee for a Veterans Cemetery in Southern Nevada, each consisting of seven members as follows:

 


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      (a) One member of the Senate, appointed by the Majority Leader of the Senate.

      (b) One member of the Assembly, appointed by the Speaker of the Assembly.

      (c) Five members of veterans organizations in this State, appointed by the Governor.

      2.  The members of the Committees shall serve terms of 2 years.

      3.  Each Committee shall annually elect a Chair and a Vice Chair from among its members.

      4.  Each Committee shall meet at least 4 times a year.

      5.  Any legislative member of a Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session of the Legislature convenes.

      6.  While engaged in the work of the Committee, each member of each Committee is entitled to receive the per diem allowances and travel expenses provided for state officers and employees generally.

      7.  The [Executive] Director shall consult with each Committee regarding the establishment, maintenance and operation of the veterans cemetery for which the Committee was created.

      Sec. 33. NRS 120A.610 is hereby amended to read as follows:

      120A.610  1.  Except as otherwise provided in subsections 4 to 8, inclusive, all abandoned property other than money delivered to the Administrator under this chapter must, within 2 years after the delivery, be sold by the Administrator to the highest bidder at public sale in whatever manner affords, in his or her judgment, the most favorable market for the property. The Administrator may decline the highest bid and reoffer the property for sale if the Administrator considers the bid to be insufficient.

      2.  Any sale held under this section must be preceded by a single publication of notice, at least 3 weeks before sale, in a newspaper of general circulation in the county in which the property is to be sold.

      3.  The purchaser of property at any sale conducted by the Administrator pursuant to this chapter takes the property free of all claims of the owner or previous holder and of all persons claiming through or under them. The Administrator shall execute all documents necessary to complete the transfer of ownership.

      4.  Except as otherwise provided in subsection 5, the Administrator need not offer any property for sale if the Administrator considers that the probable cost of the sale will exceed the proceeds of the sale. The Administrator may destroy or otherwise dispose of such property or may transfer it to:

      (a) The Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society, upon its written request, if the property has, in the opinion of the requesting institution, historical, artistic or literary value and is worthy of preservation; or

      (b) A genealogical library, upon its written request, if the property has genealogical value and is not wanted by the Nevada State Museum Las Vegas, the Nevada State Museum or the Nevada Historical Society.

Ê An action may not be maintained by any person against the holder of the property because of that transfer, disposal or destruction.

 


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      5.  The Administrator shall transfer property to the [Office] Department of Veterans Services, upon its written request, if the property has military value.

      6.  Securities delivered to the Administrator pursuant to this chapter may be sold by the Administrator at any time after the delivery. Securities listed on an established stock exchange must be sold at the prevailing price for that security on the exchange at the time of sale. Other securities not listed on an established stock exchange may be sold:

      (a) Over the counter at the prevailing price for that security at the time of sale; or

      (b) By any other method the Administrator deems acceptable.

      7.  The Administrator shall hold property that was removed from a safe-deposit box or other safekeeping repository for 1 year after the date of the delivery of the property to the Administrator, unless that property is a will or a codicil to a will, in which case the Administrator shall hold the property for 10 years after the date of the delivery of the property to the Administrator. If no claims are filed for the property within that period and the Administrator determines that the probable cost of the sale of the property will exceed the proceeds of the sale, it may be destroyed.

      8.  All proceeds received by the Administrator from abandoned gift certificates must be accounted for separately in the Abandoned Property Trust Account in the State General Fund. At the end of each fiscal year, before any other money in the Abandoned Property Trust Account is transferred pursuant to NRS 120A.620, the balance in the subaccount created pursuant to this subsection, less any costs, service charges or claims chargeable to the subaccount, must be transferred to the Educational Trust Account, which is hereby created in the State General Fund. The money in the Educational Trust Account may be expended only as authorized by the Legislature for educational purposes.

      Sec. 34. NRS 244.406 is hereby amended to read as follows:

      244.406  1.  Except as otherwise provided in this section, the office of coordinator of services for veterans must be supported from money in the county general fund and from any gifts or grants received by the county for the support of the office.

      2.  The board of county commissioners of a county that creates the office of coordinator of services for veterans is authorized to accept funds from the [Executive] Director [for] of the Department of Veterans Services pursuant to subsection 8 of NRS 417.090 for the support of the office.

      3.  The board of county commissioners of a county that creates the office of coordinator of services for veterans may enter into an agreement with the Health Division of the Department of Health and Human Services for the purpose of obtaining federal matching funds to contribute to the salaries and expenses of the office of coordinator of services for veterans for its activities which are reasonably related to the programs of the Health Division of the Department of Health and Human Services and which benefit or result in cost avoidance for the Health Division.

      4.  The board of county commissioners of a county that creates the office of coordinator of services for veterans shall, on or before February 1 of each odd-numbered year, submit a report to the Director of the Legislative Counsel Bureau for distribution to each regular session of the Legislature describing the efficiency and effectiveness of the office. The report must include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.

 


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include, without limitation, the number, total value and average value of the benefits received by the office on behalf of veterans, their spouses and their dependents.

      Secs. 35 and 36. (Deleted by amendment.)

      Sec. 37. NRS 361.090 is hereby amended to read as follows:

      361.090  1.  The property, to the extent of $2,000 assessed valuation, of any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 continuous days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

      (b) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

      (c) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,

Ê and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  For the purpose of this section, the first $2,000 assessed valuation of property in which an applicant has any interest shall be deemed the property of the applicant.

      3.  The exemption may be allowed only to a claimant who files an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155. The affidavit may be filed at any time by a person claiming exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county in this State. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

 


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may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

      5.  Persons in actual military service are exempt during the period of such service from filing the annual forms for renewal of the exemption, and the county assessors shall continue to grant the exemption to such persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the county assessor shall require proof of status of the veteran, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.

      8.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 38. NRS 361.0905 is hereby amended to read as follows:

      361.0905  1.  Any person who qualifies for an exemption pursuant to NRS 361.090 or 361.091 may, in lieu of claiming the exemption:

      (a) Pay to the county [assessor] tax receiver all or any portion of the amount by which the tax would be reduced if the person claimed the exemption; and

      (b) Direct the county [assessor] tax receiver to deposit that amount for credit to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145.

      2.  Any person who wishes to waive his or her exemption pursuant to this section shall designate the amount to be credited to [the] a Gift Account on a form provided by the Nevada Tax Commission.

      3.  The county [assessor] tax receiver shall deposit any money received pursuant to this section with the State Treasurer for credit to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145. The State Treasurer shall not accept more than a total of $2,000,000 for credit to [the] a Gift Account pursuant to this section and NRS 371.1035 during any fiscal year.

      Sec. 39. NRS 361.091 is hereby amended to read as follows:

      361.091  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to an exemption.

      2.  The amount of exemption is based on the total percentage of permanent service-connected disability. The maximum allowable exemption for total permanent disability is the first $20,000 assessed valuation.

 


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for total permanent disability is the first $20,000 assessed valuation. A person with a permanent service-connected disability of:

      (a) Eighty to 99 percent, inclusive, is entitled to an exemption of $15,000 assessed value.

      (b) Sixty to 79 percent, inclusive, is entitled to an exemption of $10,000 assessed value.

Ê For the purposes of this section, any property in which an applicant has any interest is deemed to be the property of the applicant.

      3.  The exemption may be allowed only to a claimant who has filed an affidavit with his or her claim for exemption on real property pursuant to NRS 361.155. The affidavit may be made at any time by a person claiming an exemption from taxation on personal property.

      4.  The affidavit must be made before the county assessor or a notary public and be filed with the county assessor. It must state that the affiant is a bona fide resident of the State of Nevada, that the affiant meets all the other requirements of subsection 1 and that the exemption is not claimed in any other county within this State. After the filing of the original affidavit, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

      5.  Before allowing any exemption pursuant to the provisions of this section, the county assessor shall require proof of the applicant’s status, and for that purpose shall require the applicant to produce an original or certified copy of:

      (a) An honorable discharge or other document of honorable separation from the Armed Forces of the United States which indicates the total percentage of his or her permanent service-connected disability;

      (b) A certificate of satisfactory service which indicates the total percentage of his or her permanent service-connected disability; or

      (c) A certificate from the United States Department of Veterans Affairs or any other military document which shows that he or she has incurred a permanent service-connected disability and which indicates the total percentage of that disability, together with a certificate of honorable discharge or satisfactory service.

      6.  A surviving spouse claiming an exemption pursuant to this section must file with the county assessor an affidavit declaring that:

      (a) The surviving spouse was married to and living with the veteran who incurred a permanent service-connected disability for the 5 years preceding his or her death;

 


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      (b) The veteran was eligible for the exemption at the time of his or her death or would have been eligible if the veteran had been a resident of the State of Nevada;

      (c) The surviving spouse has not remarried; and

      (d) The surviving spouse is a bona fide resident of the State of Nevada.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail. The county assessor may authorize the return of the form by electronic means in accordance with the provisions of chapter 719 of NRS.

      7.  If a veteran or the surviving spouse of a veteran submits, as proof of disability, documentation that indicates a percentage of permanent service-connected disability for more than one permanent service-connected disability, the amount of the exemption must be based on the total of those combined percentages, not to exceed 100 percent.

      8.  If a tax exemption is allowed under this section, the claimant is not entitled to an exemption under NRS 361.090.

      9.  If any person files a false affidavit or produces false proof to the county assessor or a notary public and, as a result of the false affidavit or false proof, the person is allowed a tax exemption to which the person is not entitled, the person is guilty of a gross misdemeanor.

      10.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsection 2 must be adjusted for each fiscal year by adding to the amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from July 2003 to the July preceding the fiscal year for which the adjustment is calculated. The Department shall provide to each county assessor the adjusted amount, in writing, on or before September 30 of each year.

      Sec. 40. NRS 361.155 is hereby amended to read as follows:

      361.155  1.  Except as otherwise provided in this section:

      (a) All claims for personal tax exemptions on real property, the initial claim of an organization for a tax exemption on real property and the designation of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada pursuant to NRS 361.0905 must be filed on or before June 15.

      (b) An initial claim for a tax exemption on real property acquired after June 15 and before July 1 must be filed on or before July 5.

      2.  All exemptions provided for pursuant to this chapter apply on a fiscal year basis, and any exemption granted pursuant to this chapter must not be in an amount which gives the taxpayer a total exemption greater than that to which the taxpayer is entitled during any fiscal year.

      3.  Except as otherwise provided in this section, each claim for an exemption provided for pursuant to this chapter must be filed with the county assessor of:

 


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      (a) The county in which the claimant resides for personal tax exemptions; or

      (b) Each county in which property is located for the tax exemption of an organization.

      4.  After the initial claim for an exemption pursuant to NRS 361.088 or 361.098 to 361.150, inclusive, an organization is not required to file annual claims if the property remains exempt. If any portion of the property loses its exemption pursuant to NRS 361.157 or for any other reason becomes taxable, the organization must notify the county assessor.

      5.  If an exemption is granted or renewed in error because of an incorrect claim or failure of an organization to give the notice required by subsection 4, the assessor shall assess the taxable portion of the property retroactively pursuant to NRS 361.769 and a penalty of 10 percent of the tax due for the current year and any prior years may be added.

      6.  If a claim for a tax exemption on real property and any required affidavit or other documentation in support of the claim is not filed within the time required by subsection 1, or if a claim for a tax exemption is denied by the county assessor, the person claiming the exemption may, on or before January 15 of the fiscal year for which the claim of exemption is made, file the claim and any required documentation in support of the claim with the county board of equalization of the county in which the claim is required to be filed pursuant to subsection 3. The county board of equalization shall review the claim of exemption and may grant or deny the claim for that fiscal year, as it determines to be appropriate. The State Board of Equalization shall establish procedures for:

      (a) The review of a claim of exemption by a county board of equalization pursuant to this subsection; and

      (b) The appeal to the State Board of Equalization of the denial of a claim of exemption by a county board of equalization pursuant to this subsection.

      Sec. 41. NRS 371.103 is hereby amended to read as follows:

      371.103  1.  Vehicles, to the extent of $2,000 determined valuation, registered by any actual bona fide resident of the State of Nevada who:

      (a) Has served a minimum of 90 days on active duty, who was assigned to active duty at some time between April 21, 1898, and June 15, 1903, or between April 6, 1917, and November 11, 1918, or between December 7, 1941, and December 31, 1946, or between June 25, 1950, and May 7, 1975, or between September 26, 1982, and December 1, 1987, or between October 23, 1983, and November 21, 1983, or between December 20, 1989, and January 31, 1990, or between August 2, 1990, and April 11, 1991, or between December 5, 1992, and March 31, 1994, or between November 20, 1995, and December 20, 1996;

      (b) Has served a minimum of 90 continuous days on active duty none of which was for training purposes, who was assigned to active duty at some time between January 1, 1961, and May 7, 1975;

      (c) Has served on active duty in connection with carrying out the authorization granted to the President of the United States in Public Law 102-1; or

      (d) Has served on active duty in connection with a campaign or expedition for service in which a medal has been authorized by the Government of the United States, regardless of the number of days served on active duty,

 


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Ê and who received, upon severance from service, an honorable discharge or certificate of satisfactory service from the Armed Forces of the United States, or who, having so served, is still serving in the Armed Forces of the United States, is exempt from taxation.

      2.  In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before the county assessor or a notary public. If a veteran makes such a transfer:

      (a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;

      (b) The veteran is not entitled to the exemption for the duration of the transfer;

      (c) The transfer expires upon the earlier of:

             (1) The termination of the marriage;

             (2) The death of the veteran; or

             (3) The revocation of the transfer by the veteran as described in paragraph (d); and

      (d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before the county assessor or a notary public.

      3.  For the purpose of this section, the first $2,000 determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong to that person.

      4.  Except as otherwise provided in subsection 5, a person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is an actual bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county in this State. The affidavit must be made before the county assessor or a notary public. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

      5.  Persons in actual military service are exempt during the period of such service from filing annual affidavits of exemption and the Department shall grant exemptions to those persons on the basis of the original affidavits filed. In the case of any person who has entered the military service without having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.

 


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having previously made and filed an affidavit of exemption, the affidavit may be filed in his or her behalf during the period of such service by any person having knowledge of the facts.

      6.  Before allowing any veteran’s exemption pursuant to the provisions of this chapter, the Department shall require proof of status of the veteran or, if a transfer has been made pursuant to subsection 2, proof of status of the veteran to whom the person claiming the exemption is married, and for that purpose shall require production of an honorable discharge or certificate of satisfactory service or a certified copy thereof, or such other proof of status as may be necessary.

      7.  If any person files a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof a tax exemption is allowed to a person not entitled to the exemption, the person is guilty of a gross misdemeanor.

      8.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.

      Sec. 42. NRS 371.1035 is hereby amended to read as follows:

      371.1035  1.  Any person who qualifies for an exemption pursuant to NRS 371.103 or 371.104 may, in lieu of claiming the exemption:

      (a) Pay to the Department all or any portion of the amount by which the tax would be reduced if the person claimed the exemption; and

      (b) Direct the Department to deposit that amount for credit to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145.

      2.  Any person who wishes to waive his or her exemption pursuant to this section shall designate the amount to be credited to [the] a Gift Account on a form provided by the Department.

      3.  The Department shall deposit any money received pursuant to this section with the State Treasurer for credit to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145. The State Treasurer shall not accept more than a total of $2,000,000 for credit to [the] a Gift Account pursuant to this section and NRS 361.0905 during any fiscal year.

      Sec. 43. NRS 371.104 is hereby amended to read as follows:

      371.104  1.  A bona fide resident of the State of Nevada who has incurred a permanent service-connected disability and has been honorably discharged from the Armed Forces of the United States, or his or her surviving spouse, is entitled to a veteran’s exemption from the payment of governmental services taxes on vehicles of the following determined valuations:

      (a) If he or she has a disability of 100 percent, the first $20,000 of determined valuation.

      (b) If he or she has a disability of 80 to 99 percent, inclusive, the first $15,000 of determined valuation.

      (c) If he or she has a disability of 60 to 79 percent, inclusive, the first $10,000 of determined valuation.

 


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      2.  In lieu of claiming the exemption from taxation set forth in subsection 1 in his or her name, a veteran may transfer the exemption to his or her current spouse. To transfer the exemption, the veteran must file an affidavit of transfer with the Department in the county where the exemption would otherwise have been claimed. The affidavit of transfer must be made before the county assessor or a notary public. If a veteran makes such a transfer:

      (a) The spouse of the veteran is entitled to the exemption in the same manner as if the spouse were the veteran;

      (b) The veteran is not entitled to the exemption for the duration of the transfer;

      (c) The transfer expires upon the earlier of:

             (1) The termination of the marriage;

             (2) The death of the veteran; or

             (3) The revocation of the transfer by the veteran as described in paragraph (d); and

      (d) The veteran may, at any time, revoke the transfer of the exemption by filing with the Department in the county where the exemption is claimed an affidavit made before the county assessor or a notary public.

      3.  For the purpose of this section, the first $20,000 of determined valuation of vehicles in which a person described in subsection 1 or 2 has any interest shall be deemed to belong entirely to that person.

      4.  A person claiming the exemption shall file annually with the Department in the county where the exemption is claimed an affidavit declaring that he or she is a bona fide resident of the State of Nevada who meets all the other requirements of subsection 1 or 2, as applicable, and that the exemption is claimed in no other county within this State. After the filing of the original affidavit of exemption and after the transfer of the exemption, if any, pursuant to subsection 2, the county assessor shall, except as otherwise provided in this subsection, mail a form for:

      (a) The renewal of the exemption; and

      (b) The designation of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada established pursuant to NRS 417.145,

Ê to the person who claimed the exemption each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

      5.  Before allowing any exemption pursuant to the provisions of this section, the Department shall require proof of the veteran’s status, and for that purpose shall require production of:

      (a) A certificate from the Department of Veterans Affairs that the veteran has incurred a permanent service-connected disability, which shows the percentage of that disability; and

      (b) Any one of the following:

             (1) An honorable discharge;

             (2) A certificate of satisfactory service; or

             (3) A certified copy of either of these documents.

 


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      6.  A surviving spouse claiming an exemption pursuant to this section must file with the Department in the county where the exemption is claimed an affidavit declaring that:

      (a) The surviving spouse was married to and living with the veteran with a disability for the 5 years preceding his or her death;

      (b) The veteran with a disability was eligible for the exemption at the time of his or her death or, if not for a transfer of the exemption pursuant to subsection 2, would have been eligible for the exemption at the time of his or her death; and

      (c) The surviving spouse has not remarried.

Ê The affidavit required by this subsection is in addition to the certification required pursuant to subsections 4 and 5. After the filing of the original affidavit required by this subsection, the county assessor shall, except as otherwise provided in this subsection, mail a form for renewal of the exemption to the person each year following a year in which the exemption was allowed for that person. The form must be designed to facilitate its return by mail by the person claiming the exemption. If so requested by the person claiming the exemption, the county assessor may provide the form to the person by electronic means in lieu of by mail.

      7.  If a tax exemption is allowed under this section, the veteran and his or her current spouse are not entitled to an exemption under NRS 371.103.

      8.  If any person makes a false affidavit or produces false proof to the Department, and as a result of the false affidavit or false proof the person is allowed a tax exemption to which he or she is not entitled, the person is guilty of a gross misdemeanor.

      9.  Beginning with the 2005-2006 Fiscal Year, the monetary amounts in subsections 1 and 3 must be adjusted for each fiscal year by adding to each amount the product of the amount multiplied by the percentage increase in the Consumer Price Index (All Items) from December 2003 to the December preceding the fiscal year for which the adjustment is calculated.

      Sec. 44. NRS 371.105 is hereby amended to read as follows:

      371.105  Claims pursuant to NRS 371.101, 371.102, 371.103 or 371.104 for tax exemption on the governmental services tax and designations of any amount to be credited to the Gift Account for the Veterans [Homes] Home in Southern Nevada or the Gift Account for the Veterans Home in Northern Nevada pursuant to NRS 371.1035 must be filed annually at any time on or before the date when payment of the tax is due. All exemptions provided for in this section must not be in an amount which gives the taxpayer a total exemption greater than that to which the taxpayer is entitled during any fiscal year.

      Sec. 45. NRS 389.810 is hereby amended to read as follows:

      389.810  1.  Notwithstanding any provision of this title to the contrary, a person who:

      (a) Left high school before graduating to serve in the Armed Forces of the United States during:

             (1) World War II and so served at any time between September 16, 1940, and December 31, 1946;

             (2) The Korean War and so served at any time between June 25, 1950, and January 31, 1955; or

             (3) The Vietnam Era and so served at any time between January 1, 1961, and May 7, 1975;

 


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      (b) Was discharged from the Armed Forces of the United States under honorable conditions; and

      (c) As a result of his or her service in the Armed Forces of the United States, did not receive a high school diploma,

Ê shall be deemed to have earned sufficient credits to receive a standard high school diploma.

      2.  A school district may, upon request, issue a standard high school diploma to any person who meets the requirements set forth in subsection 1. A school district may issue a standard high school diploma to such a person even if the person:

      (a) Holds a general educational development credential or its equivalent; or

      (b) Is deceased, if the family of the veteran requests the issuance of the diploma.

      3.  The State Board and the [Office] Department of Veterans Services shall work cooperatively to establish guidelines for identifying and issuing standard high school diplomas to persons pursuant to this section.

      4.  A person to whom a standard high school diploma is issued pursuant to this section shall not be deemed to be a pupil for the purposes of this title.

      Sec. 46. NRS 407.065 is hereby amended to read as follows:

      407.065  1.  The Administrator, subject to the approval of the Director:

      (a) Except as otherwise provided in this paragraph, may establish, name, plan, operate, control, protect, develop and maintain state parks, monuments and recreational areas for the use of the general public. The name of an existing state park, monument or recreational area may not be changed unless the Legislature approves the change by statute.

      (b) Shall protect state parks and property controlled or administered by the Division from misuse or damage and preserve the peace within those areas. The Administrator may appoint or designate certain employees of the Division to have the general authority of peace officers.

      (c) May allow multiple use of state parks and real property controlled or administered by the Division for any lawful purpose, including, but not limited to, grazing, mining, development of natural resources, hunting and fishing, in accordance with such regulations as may be adopted in furtherance of the purposes of the Division.

      (d) [Shall] Except as otherwise provided in this paragraph, shall impose and collect reasonable fees for entering, camping and boating in state parks and recreational areas. The Division shall issue [, upon application therefor and proof of residency and age,] an annual permit for entering, camping and boating in all state parks and recreational areas in this State :

             (1) Upon application therefor and proof of residency and age, to any person who is 65 years of age or older and has resided in this State for at least 5 years immediately preceding the date on which the application is submitted.

             (2) Upon application therefor and proof of residency and proof of status as described in subsection 5 of NRS 361.091, to a bona fide resident of the State of Nevada who has incurred a permanent service-connected disability of 10 percent or more and has been honorably discharged from the Armed Forces of the United States.

Ê The permit must be issued without charge, except that the Division shall charge and collect an administrative fee for the issuance of the permit in an amount sufficient to cover the costs of issuing the permit.

 


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ê2013 Statutes of Nevada, Page 2519 (Chapter 433, AB 58)ê

 

      (e) May conduct and operate such special services as may be necessary for the comfort and convenience of the general public, and impose and collect reasonable fees for such special services.

      (f) May rent or lease concessions located within the boundaries of state parks or of real property controlled or administered by the Division to public or private corporations, to groups of natural persons, or to natural persons for a valuable consideration upon such terms and conditions as the Division deems fit and proper, but no concessionaire may dominate any state park operation.

      (g) May establish such capital projects construction funds as are necessary to account for the parks improvements program approved by the Legislature. The money in these funds must be used for the construction and improvement of those parks which are under the supervision of the Administrator.

      (h) In addition to any concession specified in paragraph (f), may establish concessions within the boundaries of any state park to provide for the sale of food, drinks, ice, publications, sundries, gifts and souvenirs, and other such related items as the Administrator determines are appropriately made available to visitors. Any money received by the Administrator for a concession established pursuant to this paragraph must be deposited in the Fund for State Park Interpretative and Educational Programs and Operation of Concessions.

      2.  The Administrator:

      (a) Shall issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter each state park and each recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee; and

      (b) May issue an annual permit to a person who pays a reasonable fee as prescribed by regulation which authorizes the holder of the permit to enter a specific state park or specific recreational area in this State and, except as otherwise provided in subsection 3, use the facilities of the state park or recreational area without paying the entrance fee.

      3.  An annual permit issued pursuant to subsection 2 does not authorize the holder of the permit to engage in camping or boating, or to attend special events. The holder of such a permit who wishes to engage in camping or boating, or to attend special events, must pay any fee established for the respective activity.

      4.  Except as otherwise provided in subsection 1 of NRS 407.0762 and subsection 1 of NRS 407.0765, the fees collected pursuant to paragraphs (d), (e) and (f) of subsection 1 or subsection 2 must be deposited in the State General Fund.

      Sec. 47. NRS 482.3764 is hereby amended to read as follows:

      482.3764  1.  Before the Department issues to any person, pursuant to NRS 482.3763:

      (a) An initial set of special license plates, it shall:

             (1) Collect a special fee for the support of outreach programs and services for veterans and their families in the amount of $25; and

             (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

      (b) An annual renewal sticker, it shall:

 


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ê2013 Statutes of Nevada, Page 2520 (Chapter 433, AB 58)ê

 

             (1) Collect a special fee for the support of outreach programs and services for veterans and their families in the amount of $20; and

             (2) Affix a decal to each plate if requested by an applicant who meets the requirements set forth in NRS 482.37635.

      2.  The Department shall deposit all money collected pursuant to this section with the State Treasurer for credit to the Gift Account for Veterans created by subsection [8] 9 of NRS 417.145.

      Sec. 48. NRS 483.292 is hereby amended to read as follows:

      483.292  1.  When a person applies to the Department for an instruction permit or driver’s license pursuant to NRS 483.290, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.

      3.  If the person declares pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the Department shall count the declaration and maintain it only numerically in a record kept by the Department for that purpose.

      4.  The Department shall, at least once each quarter:

      (a) Compile the aggregate number of persons who have, during the immediately preceding quarter, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that number to the [Office] Department of Veterans Services to be used for statistical purposes.

      Sec. 49. NRS 483.852 is hereby amended to read as follows:

      483.852  1.  When a person applies to the Department for an identification card pursuant to NRS 483.850, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States.

      3.  If the person declares pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the Department shall count the declaration and maintain it only numerically in a record kept by the Department for that purpose.

      4.  The Department shall, at least once each quarter:

      (a) Compile the aggregate number of persons who have, during the immediately preceding quarter, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that number to the [Office] Department of Veterans Services to be used for statistical purposes.

      Sec. 50. NRS 642.0197 is hereby amended to read as follows:

      642.0197  1.  A funeral director who obtains custody of the unclaimed human remains of a deceased person whom the funeral director knows, has reason to know or reasonably believes is a veteran shall report the name of the deceased person to the [Office] Department of Veterans Services not later than 1 year after obtaining custody of the unclaimed human remains of the deceased person.

 


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ê2013 Statutes of Nevada, Page 2521 (Chapter 433, AB 58)ê

 

      2.  Upon receipt of a report made pursuant to subsection 1, the [Office] Department of Veterans Services shall determine whether the deceased person is a veteran who is eligible for interment at a national cemetery pursuant to 38 U.S.C. § 2402 or a veterans cemetery pursuant to NRS 417.210. The [Office] Department of Veterans Services shall provide notice of the determination to the funeral director.

      3.  If the [Office] Department of Veterans Services provides notice to a funeral director of a determination that a deceased person is a veteran who is eligible for interment at a national cemetery or a veterans cemetery, the funeral director shall arrange for the proper disposition of the veteran’s remains with:

      (a) A national cemetery or veterans cemetery; or

      (b) The [Office] Department of Veterans Services.

      4.  A funeral director is immune from civil or criminal liability for any act or omission with respect to complying with the provisions of this section.

      5.  As used in this section, “veteran” has the meaning ascribed to it in NRS 176A.090.

      Sec. 51. NRS 417.040 and 417.050 are hereby repealed.

      Sec. 52.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 53.  If the name of a fund or account is changed pursuant to the provisions of this act, the State Controller shall change the designation of the name of the fund or account without making any transfer of the money in the fund or account. The assets and liabilities of such a fund or account are unaffected by the change of the name.

      Sec. 54.  Any regulations adopted by the Executive Director of the Office of Veterans Services before October 1, 2013, pursuant to NRS 417.020 remain in effect and may be enforced by the Director of the Department of Veterans Services until the Director of the Department of Veterans Services adopts regulations to repeal or replace those regulations.

      Sec. 55.  The Legislature hereby authorizes the Department of Veterans Services to purchase, construct, lease, renovate or acquire by lease-purchase a veterans home in northern Nevada.

      Sec. 56.  On or before October 1, 2013, the Governor shall appoint the members of the Interagency Council on Veterans Affairs pursuant to paragraph (k) of subsection 1 of section 10 of this act.

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ê2013 Statutes of Nevada, Page 2522ê

 

CHAPTER 434, AB 454

Assembly Bill No. 454–Committee on Transportation

 

CHAPTER 434

 

[Approved: June 7, 2013]

 

AN ACT relating to the Department of Motor Vehicles; requiring certain sellers, lessors, dealers and rebuilders of vehicles to transmit certain information to the Department in an electronic format; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Existing law, in relevant part, requires sellers of new vehicles, long-term lessors of new vehicles, sellers of used or rebuilt vehicles, and long-term lessors of used or rebuilt vehicles, upon such sale or lease, to furnish certain information to the Department of Motor Vehicles and the buyer or lessee, as applicable. (NRS 482.423-482.4245) Sections 1-4 of this bill require such sellers and lessors to furnish the necessary information to the Department by way of electronic transmission. Under existing law, it is a gross misdemeanor for a person to commit certain fraudulent acts with respect to certain documents or security interests in vehicles, or to fail to submit certain reports to the Department within a prescribed time period. (NRS 482.436) Section 5 of this bill removes the original of a seller’s or lessor’s report of sale or lease from the list of documents for which it is a crime to fail to submit the document to the Department within a certain time period.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.423 is hereby amended to read as follows:

      482.423  1.  When a new vehicle is sold in this State for the first time, the seller shall complete and [execute] submit to the Department a manufacturer’s certificate of origin or a manufacturer’s statement of origin and, unless the vehicle is sold to a dealer who is licensed to sell the vehicle, transmit electronically to the Department a dealer’s report of sale. The dealer’s report of sale must be transmitted electronically to the Department in [a form prescribed] the manner required by the Department and must include:

      (a) A description of the vehicle;

      (b) The name and address of the seller; and

      (c) The name and address of the buyer.

      2.  If, in connection with the sale, a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party or his or her assignee must be [entered on] included in the dealer’s report of sale and on the manufacturer’s certificate or statement of origin.

      3.  Unless an extension of time is granted by the Department, the seller shall:

      (a) Collect the fees set forth in NRS 482.429 for:

             (1) A certificate of title for a vehicle registered in this State; and

             (2) The processing of the dealer’s report of sale; and

 


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ê2013 Statutes of Nevada, Page 2523 (Chapter 434, AB 454)ê

 

      (b) Within 20 days after the [execution] electronic transmission to the Department of the dealer’s report of sale:

             (1) Submit to the Department the [original of the dealer’s report of sale and the] manufacturer’s certificate or statement of origin; and

             (2) Remit to the Department the fees collected pursuant to paragraph (a).

      4.  Upon entering into a contract or other written agreement for the sale of a new vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

      (d) Include the date of its expiration.

      5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for a period not to exceed 30 days after the execution of a written agreement to purchase or the contract of sale, whichever occurs first. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.

      6.  For the purposes of establishing compliance with the period required by paragraph (b) of subsection 3, the Department shall use the date [imprinted or otherwise indicated] on which the dealer’s report of sale was transmitted electronically to the Department as the beginning date of the 20-day period.

      7.  Upon execution of all the documents necessary to complete the sale of a vehicle, including, without limitation, the financial documents, the dealer shall [execute] complete the dealer’s report of sale and furnish a copy of the [report] information included therein to the buyer not less than 10 days before the expiration of the temporary placard.

      8.  The provisions of this section do not apply to kit trailers.

      Sec. 2. NRS 482.4235 is hereby amended to read as follows:

      482.4235  1.  If a new vehicle is leased in this State by a long-term lessor, the long-term lessor shall complete and [execute] submit to the Department a manufacturer’s certificate of origin or a manufacturer’s statement of origin, and transmit electronically to the Department a long-term lessor’s report of lease. Such a report must be transmitted electronically to the Department in [a form prescribed] the manner required by the Department and must include:

      (a) A description of the vehicle; and

      (b) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

      2.  Unless an extension of time is granted by the Department, the long-term lessor shall, within 20 days after the [execution] electronic transmission to the Department of the long-term lessor’s report of lease:

      (a) Submit to the Department the [original of the long-term lessor’s report of lease and the] manufacturer’s certificate of origin or manufacturer’s statement of origin; and

      (b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessor’s report of lease.

 


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ê2013 Statutes of Nevada, Page 2524 (Chapter 434, AB 454)ê

 

      3.  Upon entering into a lease or written agreement to lease for a new vehicle, the long-term lessor shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

      (d) Include the date of its expiration.

      4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 30 days after the execution of a written agreement to lease or the lease, whichever occurs first. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the long-term lessee shall remove the temporary placard from the rear of the vehicle.

      5.  For the purposes of establishing compliance with the period required by subsection 2, the Department shall use the date [imprinted or otherwise indicated] on which the long-term lessor’s report of lease was transmitted electronically to the Department as the beginning date of the 20-day period.

      6.  Upon executing all the documents necessary to complete the lease of the vehicle, including, without limitation, the financial documents, the long-term lessor shall [execute] complete the long-term lessor’s report of lease and furnish a copy of the [report] information included therein to the long-term lessee not less than 10 days before the expiration of the temporary placard.

      Sec. 3. NRS 482.424 is hereby amended to read as follows:

      482.424  1.  When a used or rebuilt vehicle is sold in this State to any person, except a licensed dealer, by a dealer, rebuilder, long-term lessor or short-term lessor, the seller shall complete and [execute] submit to the Department a dealer’s or rebuilder’s report of sale. The dealer’s or rebuilder’s report of sale must be transmitted electronically to the Department in [a form prescribed] the manner required by the Department and must include:

      (a) A description of the vehicle, including whether it is a rebuilt vehicle;

      (b) The name and address of the seller; and

      (c) The name and address of the buyer.

      2.  If a security interest exists at the time of the sale, or if in connection with the sale a security interest is taken or retained by the seller to secure all or part of the purchase price, or a security interest is taken by a person who gives value to enable the buyer to acquire rights in the vehicle, the name and address of the secured party must be [entered on] included in the dealer’s or rebuilder’s report of sale.

      3.  Unless an extension of time is granted by the Department, the seller shall:

      (a) Collect the fees set forth in NRS 482.429 for:

             (1) A certificate of title for a vehicle registered in this State; and

             (2) The processing of the dealer’s or rebuilder’s report of sale; and

      (b) Within 30 days after the [execution] electronic transmission to the Department of the dealer’s or rebuilder’s report of sale:

             (1) Submit to the Department the [original of the dealer’s or rebuilder’s report of sale and the] properly endorsed certificate of title previously issued for the vehicle; and

 


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ê2013 Statutes of Nevada, Page 2525 (Chapter 434, AB 454)ê

 

             (2) Remit to the Department the fees collected pursuant to paragraph (a).

      4.  Upon entering into a contract or other written agreement for the sale of a used or rebuilt vehicle, the seller shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

      (d) Include the date of its expiration.

      5.  Compliance with the requirements of subsection 4 permits the vehicle to be operated for not more than 30 days after the execution of a written agreement to purchase or the contract of sale, whichever occurs first. Upon the issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the buyer shall remove the temporary placard from the rear of the vehicle.

      6.  To establish compliance with the period required by paragraph (b) of subsection 3, the Department shall use the date [imprinted or otherwise indicated] on which the dealer’s or rebuilder’s report of sale was transmitted electronically to the Department as the beginning date of the 30-day period.

      7.  Upon executing all the documents necessary to complete the sale of the vehicle, including, without limitation, the financial documents, the seller shall [execute] complete the dealer’s or rebuilder’s report of sale and furnish a copy of the [report] information included therein to the buyer not less than 10 days before the expiration of the temporary placard.

      Sec. 4. NRS 482.4245 is hereby amended to read as follows:

      482.4245  1.  If a used or rebuilt vehicle is leased in this State by a long-term lessor, the long-term lessor shall complete and [execute] submit to the Department a long-term lessor’s report of lease. Such a report must be transmitted electronically to the Department in [a form prescribed] the manner required by the Department and must include:

      (a) A description of the vehicle;

      (b) An indication as to whether the vehicle is a rebuilt vehicle; and

      (c) The names and addresses of the long-term lessor, long-term lessee and any person having a security interest in the vehicle.

      2.  Unless an extension of time is granted by the Department, the long-term lessor shall, within 30 days after the [execution] electronic transmission to the Department of the long-term lessor’s report of lease:

      (a) Submit to the Department the [original of the long-term lessor’s report of lease and the] properly endorsed certificate of title previously issued for the vehicle; and

      (b) Collect and remit to the Department the fee set forth in NRS 482.429 for the processing of the long-term lessor’s report of lease.

      3.  Upon entering into a lease or written agreement to lease for a used or rebuilt vehicle, the long-term lessor shall affix a temporary placard to the rear of the vehicle. Only one temporary placard may be issued for the vehicle. The temporary placard must:

      (a) Be in a form prescribed by the Department;

      (b) Be made of a material appropriate for use on the exterior of a vehicle;

      (c) Be free from foreign materials and clearly visible from the rear of the vehicle; and

 


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ê2013 Statutes of Nevada, Page 2526 (Chapter 434, AB 454)ê

 

      (d) Include the date of its expiration.

      4.  Compliance with the requirements of subsection 3 permits the vehicle to be operated for a period not to exceed 30 days after the execution of a written agreement to lease or the lease, whichever comes first. Upon issuance of the certificate of registration and license plates for the vehicle or the expiration of the temporary placard, whichever occurs first, the long-term lessee shall remove the temporary placard from the rear of the vehicle.

      5.  To establish compliance with the period required by subsection 2, the Department shall use the date [imprinted or otherwise indicated] on which the long-term lessor’s report of lease was transmitted electronically to the Department as the beginning date of the 30-day period.

      6.  Upon executing all the documents necessary to complete the lease of the vehicle, including, without limitation, the financial documents, the long-term lessor shall [execute] complete the long-term lessor’s report of lease and furnish a copy of the [report] information included therein to the long-term lessee not less than 10 days before the expiration of the temporary placard.

      Sec. 5. NRS 482.436 is hereby amended to read as follows:

      482.436  Any person is guilty of a gross misdemeanor who knowingly:

      1.  Makes or causes to be made any false entry on any certificate of origin or certificate of title;

      2.  Furnishes or causes to be furnished false information to the Department concerning any security interest; or

      3.  Fails to submit or causes to not be submitted the [original of the dealer’s or long-term lessor’s report of sale or lease, together with the] certificate of title or certificate of ownership issued for a used vehicle to the Department within the time prescribed in subsection 3 of NRS 482.424 or, if a leased vehicle, subsection 2 of NRS 482.4235.

      Sec. 6.  This act becomes effective on July 1, 2014.

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ê2013 Statutes of Nevada, Page 2527ê

 

CHAPTER 435, AB 472

Assembly Bill No. 472–Committee on Ways and Means

 

CHAPTER 435

 

[Approved: June 7, 2013]

 

AN ACT relating to motorcycles; increasing the maximum amount of the fee that the Director of the Department of Public Safety is required to establish for the Program for the Education of Motorcycle Riders; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, the Director of the Department of Public Safety is required to establish a Program for the Education of Motorcycle Riders, and approve courses of instruction provided by public or private organizations which comply with the requirements established for the Program. (NRS 486.372) Existing law provides that a resident of this State who holds a motorcycle driver’s license or a motorcycle endorsement to a driver’s license or who is eligible to apply for such a license or endorsement may enroll in the Program, and requires that the Director establish a fee for the Program of not more than $100. (NRS 486.373) This bill increases the amount of the fee to not more than $150.

 

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 486.373 is hereby amended to read as follows:

      486.373  1.  A resident of this State who holds a motorcycle driver’s license or a motorcycle endorsement to a driver’s license or who is eligible to apply for such a license or endorsement may enroll in the Program.

      2.  The Director shall establish a fee of not more than [$100] $150 for the Program.

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

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ê2013 Statutes of Nevada, Page 2528ê

 

CHAPTER 436, AB 473

Assembly Bill No. 473–Committee on Ways and Means

 

CHAPTER 436

 

[Approved: June 7, 2013]

 

AN ACT relating to license plates; authorizing the Department of Motor Vehicles to charge an additional fee to defray the cost of producing license plates; creating the License Plate Production Account in the State Highway Fund; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      Under existing law, a fee of 50 cents must be paid to the Department of Motor Vehicles for each license plate issued for a motor vehicle, trailer or semitrailer. The money must be deposited with the State Treasurer for credit to the Fund for Prison Industries to defray the cost of producing the license plate. (NRS 482.268) Section 1 of this bill provides for an additional fee to be paid to the Department to defray the cost of producing the license plate, and requires that the fee be deposited into the License Plate Production Account, which is newly created in the State Highway Fund. Section 1 also authorizes the Department to determine the amount of the fee by regulation.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.268 is hereby amended to read as follows:

      482.268  1.  In addition to any other applicable fee, there must be paid to the Department [a fee of 50 cents] for each license plate issued for a motor vehicle, trailer or semitrailer [. The fee paid pursuant to this section] , to defray the cost of producing the license plate:

      (a) A fee of 50 cents which must be deposited with the State Treasurer for credit to the Fund for Prison Industries [to defray the cost of producing the license plate.] ; and

      (b) Such fee as may be determined by regulation of the Department, which must be deposited with the State Treasurer for credit to the License Plate Production Account.

      2.  The License Plate Production Account is hereby created in the State Highway Fund. The Account is a continuing account without reversion. Interest and income earned on money in the Account must be credited to the Account. The money in the Account must be used only to defray the cost of producing license plates, as described in subsection 1.

      Sec. 2. NRS 482.490 is hereby amended to read as follows:

      482.490  Each person who applies for a manufacturer’s, distributor’s, dealer’s or rebuilder’s license plate, or pair of plates shall pay at the time of application a fee according to the following schedule:

 

 

 


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ê2013 Statutes of Nevada, Page 2529 (Chapter 436, AB 473)ê

 

For each plate or pair of plates for a motor vehicle, including a motorcycle   $12

For plates for a trailer or semitrailer........................................................... 12

 

This fee is in lieu of any other fee specified in this chapter except the [fee] fees imposed by NRS 482.268.

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

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CHAPTER 437, AB 395

Assembly Bill No. 395–Assemblymen Fiore, Ellison; Aizley, Paul Anderson, Bobzien, Duncan, Hambrick, Healey, Hickey, Kirner, Livermore, Martin, Ohrenschall, Stewart, Wheeler and Woodbury

 

Joint Sponsor: Senator Gustavson

 

CHAPTER 437

 

[Approved: June 7, 2013]

 

AN ACT relating to common-interest communities; prohibiting certain persons within a common-interest community from committing certain acts against another person within that same common-interest community; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

      This bill: (1) prohibits certain persons within a common-interest community from committing certain acts against another person within that same common-interest community; and (2) provides that committing any such act is a misdemeanor.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 116 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A community manager, an agent or employee of the community manager, a member of the executive board, an officer, employee or agent of an association, a unit’s owner or a guest or tenant of a unit’s owner shall not willfully and without legal authority threaten, harass or otherwise engage in a course of conduct against any other person who is the community manager of his or her common-interest community or an agent or employee of that community manager, a member of the executive board of his or her association, an officer, employee or agent of his or her association, another unit’s owner in his or her common-interest community or a guest or tenant of a unit’s owner in his or her common-interest community which:

      (a) Causes harm or serious emotional distress, or the reasonable apprehension thereof, to that person; or

      (b) Creates a hostile environment for that person.

 


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ê2013 Statutes of Nevada, Page 2530 (Chapter 437, AB 395)ê

 

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      Sec. 2. NRS 116.1203 is hereby amended to read as follows:

      116.1203  1.  Except as otherwise provided in subsections 2 and 3, if a planned community contains no more than 12 units and is not subject to any developmental rights, it is subject only to NRS 116.1106 and 116.1107 unless the declaration provides that this entire chapter is applicable.

      2.  The provisions of NRS 116.12065 and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that the definitions are necessary to construe any of those provisions, apply to a residential planned community containing more than 6 units.

      3.  Except for NRS 116.3104, 116.31043, 116.31046 and 116.31138, the provisions of NRS 116.3101 to 116.350, inclusive, and section 1 of this act and the definitions set forth in NRS 116.005 to 116.095, inclusive, to the extent that such definitions are necessary in construing any of those provisions, apply to a residential planned community containing more than 6 units.

      Sec. 3. NRS 116.745 is hereby amended to read as follows:

      116.745  As used in NRS 116.745 to 116.795, inclusive, unless the context otherwise requires, “violation” means a violation of [any] :

      1.  Any provision of this chapter [, any] except section 1 of this act;

      2.  Any regulation adopted pursuant [thereto] to this chapter; or [any]

      3.  Any order of the Commission or a hearing panel.

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