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ê2007 Statutes of Nevada, Page 2963 (Chapter 508, SB 106)ê

 

      Sec. 2.  NRS 239C.020 is hereby amended to read as follows:

      239C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 239C.030 to 239C.110, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  NRS 239C.210 is hereby amended to read as follows:

      239C.210  1.  A document, record or other item of information described in subsection 2 that is prepared and maintained for the purpose of preventing or responding to an act of terrorism is confidential, not subject to subpoena or discovery , [and] not subject to inspection by the general public and may only be inspected by or released to public safety and public health personnel if the Governor determines, by executive order, that the disclosure or release of the document, record or other item of information would thereby create a substantial likelihood of compromising, jeopardizing or otherwise threatening the public health, safety or welfare.

      2.  The types of documents, records or other items of information subject to executive order pursuant to subsection 1 are as follows:

      (a) Assessments, plans or records that evaluate or reveal the susceptibility of fire stations, police stations and other law enforcement stations to acts of terrorism or other related emergencies.

      (b) Drawings, maps, plans or records that reveal the critical infrastructure of primary buildings, facilities and other structures used for storing, transporting or transmitting water or electricity, natural gas or other forms of energy.

      (c) Documents, records or other items of information which may reveal the details of a specific emergency response plan or other tactical operations by a response agency and any training relating to such emergency response plans or tactical operations.

      (d) Handbooks, manuals or other forms of information detailing procedures to be followed by response agencies in the event of an act of terrorism or other related emergency.

      (e) Documents, records or other items of information that reveal information pertaining to specialized equipment used for covert, emergency or tactical operations of a response agency, other than records relating to expenditures for such equipment.

      (f) Documents, records or other items of information regarding the infrastructure and security of frequencies for radio transmissions used by response agencies, including, without limitation:

             (1) Access codes, passwords or programs used to ensure the security of frequencies for radio transmissions used by response agencies;

             (2) Procedures and processes used to ensure the security of frequencies for radio transmissions used by response agencies; and

             (3) Plans used to reestablish security and service with respect to frequencies for radio transmissions used by response agencies after security has been breached or service has been interrupted.

      3.  If a person knowingly and unlawfully discloses a document, record or other item of information subject to an executive order issued pursuant to subsection 1 or assists, solicits or conspires with another person to disclose such a document, record or other item of information, the person is guilty of:

      (a) A gross misdemeanor; or

      (b) A category C felony and shall be punished as provided in NRS 193.130 if the person acted with the intent to:

 


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ê2007 Statutes of Nevada, Page 2964 (Chapter 508, SB 106)ê

 

             (1) Commit, cause, aid, further or conceal, or attempt to commit, cause, aid, further or conceal, any unlawful act involving terrorism or sabotage; or

             (2) Assist, solicit or conspire with another person to commit, cause, aid, further or conceal any unlawful act involving terrorism or sabotage.

      4.  As used in this section, “public safety and public health personnel” includes:

      (a) State, county and city emergency managers;

      (b) Members and staff of terrorism early warning centers or fusion intelligence centers in this State;

      (c) Employees of fire-fighting or law enforcement agencies, if the head of the agency has designated the employee as having an operational need to know information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism; and

      (d) Employees of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to know information that is prepared or maintained for the purpose of preventing or responding to an act of terrorism. As used in this paragraph, “disaster” has the meaning ascribed to it in NRS 414.0335.

      Sec. 4.  NRS 239C.220 is hereby amended to read as follows:

      239C.220  1.  Unless made confidential by specific statute, a restricted document may be inspected only by a person who provides:

      (a) His name;

      (b) A copy of his driver’s license or other photographic identification that is issued by a governmental entity;

      (c) The name of his employer, if any;

      (d) His citizenship; and

      (e) Except as otherwise provided in this paragraph, a statement of the purpose for the inspection. A person is not required to indicate the purpose for inspecting a restricted document if the person is [an] :

             (1) A state, county or city emergency manager;

             (2) A member or staff person of a terrorism early warning center or fusion intelligence center in this State;

             (3) An employee of any fire-fighting or law enforcement agency [.] , if the head of the agency has designated the employee as having an operational need to inspect restricted documents; or

            (4) An employee of a public health agency, if the agency is one that would respond to a disaster and if the head of the agency has designated the employee as having an operational need to inspect restricted documents. As used in this subparagraph, “disaster” has the meaning ascribed to it in NRS 414.0335.

      2.  Except as otherwise provided in subsection 3, a public officer or employee shall observe any person while the person inspects a restricted document in a location and in a manner which ensures that the person does not copy, duplicate or reproduce the restricted document in any way.

      3.  A restricted document may be copied, duplicated or reproduced:

      (a) Upon the lawful order of a court of competent jurisdiction;

      (b) As is reasonably necessary in the case of an act of terrorism or other related emergency;

      (c) To protect the rights and obligations of a governmental entity or the public;

 


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ê2007 Statutes of Nevada, Page 2965 (Chapter 508, SB 106)ê

 

      (d) Upon the request of a reporter or editorial employee who is employed by or affiliated with a newspaper, press association or commercially operated and federally licensed radio or television station and who uses the restricted document in the course of such employment or affiliation; or

      (e) Upon the request of a registered architect, licensed contractor or a designated employee of any such architect or contractor who uses the restricted document in his professional capacity.

      4.  A public officer or employee shall inform any person who inspects a restricted document of the provisions of this section.

      Sec. 5.  Section 40 of chapter 402, Statutes of Nevada 2003, at page 2469, is hereby amended to read as follows:

      Sec. 40.  1.  This section and sections 1 to 33, inclusive, 38, 38.5 and 39 of this act become effective on July 1, 2003.

      2.  Sections 34 to 37, inclusive, of this act become effective on January 1, 2004.

      [3.  The provisions of sections 21 to 24, inclusive, and 27.5 of this act expire by limitation on June 30, 2007.]

      Sec. 6.  This act becomes effective upon passage and approval.

________

 

CHAPTER 509, SB 437

Senate Bill No. 437–Committee on Commerce and Labor

 

CHAPTER 509

 

AN ACT relating to economic and energy development; enacting the Solar Energy Systems Incentive Program, the Renewable Energy School Pilot Program and the Wind and Waterpower Energy Systems Demonstration Program Acts; establishing a new program for evaluating the energy consumption of residential property; revising legislative findings concerning energy conservation and energy requirements; revising provisions governing the universal energy charge and the Fund for Energy Assistance and Conservation; requiring certain electric utilities to make quarterly rate adjustments; requiring the creation of various methods and programs to remove financial disincentives that may discourage energy conservation by various public utilities that purchase natural gas for resale; revising various provisions governing utility resource planning and the portfolio standard for providers of electric service; requiring certain residential properties for sale to be evaluated based on energy consumption and requiring that certain evaluations be provided to purchasers of those properties; revising various provisions governing partial abatements of certain taxes by the Commission on Economic Development; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Assembly Bill No. 7 of this session superseded by statute the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), and established as the public policy of this State that in proceedings involving deferred energy accounting by a public utility, there is no presumption that the public utility’s practices and transactions were reasonable or prudent and the public utility has the burden of proving reasonableness and prudence in such proceedings.

 


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ê2007 Statutes of Nevada, Page 2966 (Chapter 509, SB 437)ê

 

reasonable or prudent and the public utility has the burden of proving reasonableness and prudence in such proceedings. (Chapter 163, Statutes of Nevada 2007) Section 1 of this bill provides that in amending NRS 704.110 and 704.187 to allow for quarterly rate adjustments and annual deferred energy accounting adjustment applications by certain electric utilities, this bill is not intended to repeal the provisions of Assembly Bill No. 7 either expressly or by implication.

      Under the Solar Energy Systems Demonstration Program Act, certain entities, such as schools and public agencies, which install solar energy systems are entitled to participate in a demonstration program and receive incentives for such participation. (Chapter 331, Statutes of Nevada 2003, p. 1868) The Solar Energy Systems Demonstration Program Act expires by limitation on June 30, 2010. (Chapter 2, Statutes of Nevada 2005, 22nd Special Session, p. 90)

      Sections 1.5-29, 108 and 112 of this bill replace the Solar Energy Systems Demonstration Program Act with a new chapter of NRS which provides for the Solar Energy Systems Incentive Program. The Solar Energy Systems Incentive Program provides incentives to certain participants and utilities for energy created from various solar energy systems.

      Section 30 of this bill provides for the Renewable Energy School Pilot Program. The goal of the Program is to encourage the development of and determine the feasibility for renewable energy systems on public school properties.

      Sections 62-86 of this bill enact the Wind Energy Systems Demonstration Program Act. The Wind Energy Systems Demonstration Program Act provides incentives to certain participants and utilities for energy created from various wind energy systems. Under this bill, the Wind Energy Systems Demonstration Program Act expires by limitation on June 30, 2011.

      Sections 87-106 of this bill enact the Waterpower Energy Systems Demonstration Program Act. The Waterpower Energy Systems Demonstration Program Act provides incentives to certain participants and utilities for energy created from various waterpower energy systems. Under this bill, the Waterpower Energy Systems Demonstration Program Act expires by limitation on June 30, 2011.

      Existing law provides various requirements relating to the sale of residential property. (NRS 113.100-113.150, 645.230-645.321) Sections 31 and 50 of this bill: (1) establish a new program for evaluating the energy consumption of residential property; and (2) require certain residential properties for sale to be evaluated based on energy consumption and require that such evaluations and ratings be provided to purchasers of those properties.

      Existing law contains legislative findings concerning energy conservation and energy requirements. (NRS 701.010) Sections 32 and 38 of this bill accomplish two things. First, they revise those findings in relation to public utilities. Second, they require the creation of various methods and programs which will remove financial disincentives that discourage energy conservation by various public utilities that purchase natural gas for resale.

      Under existing law, certain utilities collect and remit a universal energy charge that is deposited into the Fund for Energy Assistance and Conservation to support programs of energy assistance, energy conservation, weatherization and energy efficiency for eligible households. (Chapter 702 of NRS) Sections 32.3, 32.5 and 32.7 of this bill reallocate a portion of any unspent and unencumbered money in the Fund for a program of improving energy conservation and energy efficiency in certain residential property.

      Existing law allows for quarterly rate adjustments for a public utility which purchases natural gas for resale. (NRS 704.110) Sections 36, 37, 39-43 and 51 of this bill require certain electric utilities to make quarterly rate adjustments and to file annual deferred energy accounting adjustment applications.

      Existing law requires certain electric utilities to develop long-term resource plans. (NRS 704.741-704.751) Section 43.5 of this bill requires such utilities to include in their long-term resource plans an energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel.

 


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ê2007 Statutes of Nevada, Page 2967 (Chapter 509, SB 437)ê

 

      Existing law creates a portfolio standard that requires certain providers of electric service to generate, acquire or save various amounts of electricity through renewable energy systems or efficiency measures. (NRS 704.7801-704.7828) Section 47 of this bill changes the definition of “energy efficiency measure” for the purposes of the portfolio standard.

      Existing law authorizes the Commission on Economic Development to approve partial abatements of certain taxes imposed on new or expanded businesses, including businesses that use renewable energy or recycled material to generate electricity. (NRS 360.750, 361.0685, 361.0687, 374.357) Sections 51.3, 51.7 and 112.5 of this bill require a business that receives such a partial abatement to: (1) allow the Department of Taxation to conduct audits of the business to determine whether it is in compliance with the requirements for the partial abatement; and (2) consent to the disclosure of the audit reports to the Commission on Economic Development and to the public with certain limited exceptions.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The Legislature hereby finds and declares that:

      1.  Assembly Bill No. 7 of this session was enacted into law as chapter 163, Statutes of Nevada 2007, and became effective upon passage and approval on May 29, 2007.

      2.  Assembly Bill No. 7 established as the public policy of this State that in proceedings involving deferred energy accounting where a public utility seeks to recover from its ratepayers costs recorded in its deferred accounts pursuant to NRS 704.185 or 704.187, it is just and reasonable to require a public utility to prove that the costs recorded in its deferred accounts were incurred prudently. Therefore, to ensure that ratepayers do not pay for costs incurred as a result of any practices or transactions that were undertaken, managed or performed imprudently, the public utility should have the burden of proving that its practices and transactions were reasonable and prudent.

      3.  In Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), the Nevada Supreme Court held that, in the absence of a statute to the contrary, the controlling procedure in proceedings involving deferred energy accounting is the rebuttable presumption of prudence adopted by the Public Utilities Commission of Nevada in the 1986 rate case of Re Nevada Power Company, 74 Pub. Util. Rep. 4th 703 (Nev. Pub. Serv. Comm’n May 30, 1986).

      4.  Assembly Bill No. 7 was enacted to supersede the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006), to the extent that the Court determined that the rebuttable presumption of prudence is the controlling procedure in proceedings involving deferred energy accounting.

      5.  With regard to electric utilities that engage in deferred energy accounting, the provisions of this act amend NRS 704.110 and 704.187 to provide for quarterly rate adjustments and annual deferred energy accounting adjustment applications by such electric utilities. In amending NRS 704.110 and 704.187, the Legislature does not intend to repeal either expressly or by implication the provisions of Assembly Bill No. 7 which supersede the holding of the Nevada Supreme Court in Nevada Power Company v. Public Utilities Commission of Nevada, 122 Nev. Adv. Op. 72 (2006). Therefore, to effectuate the public policy of this State as enacted by Assembly Bill No. 7:

 


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ê2007 Statutes of Nevada, Page 2968 (Chapter 509, SB 437)ê

 

      (a) For proceedings involving annual deferred energy accounting adjustment applications, the provisions of this act expressly provide that there is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in such proceedings.

      (b) For all other proceedings involving deferred energy accounting, the provisions of this act do not repeal the provisions of Assembly Bill No. 7 either expressly or by implication and those proceedings remain subject to the provisions of Assembly Bill No. 7, notwithstanding the provisions of this act amending NRS 704.110 and 704.187.

      Sec. 1.5.  Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 30, inclusive, of this act.

      Sec. 2.  The provisions of sections 2 to 29, inclusive, of this act apply to the Solar Energy Systems Incentive Program.

      Sec. 3.  As used in sections 2 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Applicant” means a person who is applying to participate in the Solar Program.

      Sec. 5.  “Category” means one of the categories of participation in the Solar Program as set forth in section 23 of this act.

      Sec. 6.  “Commission” means the Public Utilities Commission of Nevada.

      Sec. 7.  “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Sec. 8.  “Owned, leased or occupied” includes, without limitation, any real property, building or facilities which are owned, leased or occupied under a deed, lease, contract, license, permit, grant, patent or any other type of legal authorization.

      Sec. 9.  “Participant” means a person who has been selected by the Task Force to participate in the Solar Program.

      Sec. 10.  “Person” includes, without limitation, a public entity.

      Sec. 11.  “Program year” means the period of July 1 to June 30 of the following year.

      Sec. 12.  1.  “Public and other property” means any real property, building or facilities which are owned, leased or occupied by:

      (a) A public entity;

      (b) A nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended; or

      (c) A corporation for public benefit as defined in NRS 82.021.

      2.  The term includes, without limitation, any real property, building or facilities which are owned, leased or occupied by:

      (a) A church; or

      (b) A benevolent, fraternal or charitable lodge, society or association.

      3.  The term does not include school property.

 


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ê2007 Statutes of Nevada, Page 2969 (Chapter 509, SB 437)ê

 

      Sec. 13.  “Public entity” means a department, agency or instrumentality of the State or any of its political subdivisions.

      Sec. 14.  “School property” means any real property, building or facilities which are owned, leased or occupied by:

      1.  A public school as defined in NRS 385.007;

      2.  A private school as defined in NRS 394.103; or

      3.  An institution of higher education.

      Sec. 15.  “Small business” means a business conducted for profit which employs 500 or fewer full-time or part-time employees.

      Sec. 16.  “Solar energy system” means a facility or energy system that uses photovoltaic cells and solar energy to generate electricity.

      Sec. 17.  “Solar Program” means the Solar Energy Systems Incentive Program created by section 23 of this act.

      Sec. 18.  “Task Force” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

      Sec. 19.  “Utility” means a public utility that supplies electricity in this State.

      Sec. 20.  The Commission shall adopt regulations necessary to carry out the provisions of sections 2 to 29, inclusive, of this act, including, without limitation, regulations that establish:

      1.  The type of incentives available to participants in the Solar Program and the level or amount of those incentives;

      2.  The requirements for a utility’s annual plan for carrying out and administering the Solar Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Solar Program;

      (b) A detailed budget and schedule for carrying out and administering the Solar Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Solar Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Solar Program;

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s solar energy system and compliance with the Solar Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Solar Program; and

      (f) Any other information required by the Commission.

      Sec. 21.  The Commission shall adopt regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in each applicable category of:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property; and

      2.  The form and content of the master application which a utility must submit to the Task Force pursuant to section 24 of this act.

      Sec. 22.  1.  Each year on or before the date established by the Commission, a utility shall file with the Commission its annual plan for carrying out and administering the Solar Program within its service area for a program year.

 


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ê2007 Statutes of Nevada, Page 2970 (Chapter 509, SB 437)ê

 

      2.  The Commission shall:

      (a) Review each annual plan filed by a utility for compliance with the requirements established by regulation of the Commission; and

      (b) Approve each annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Solar Program.

      3.  A utility shall carry out and administer the Solar Program within its service area in accordance with the utility’s annual plan as approved by the Commission.

      4.  A utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Solar Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Sec. 23.  1.  The Solar Energy Systems Incentive Program is hereby created.

      2.  The Solar Program must have three categories as follows:

      (a) School property;

      (b) Public and other property; and

      (c) Private residential property and small business property.

      3.  To be eligible to participate in the Solar Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to section 21 of this act;

      (b) Submit an application to a utility and be selected by the Task Force for inclusion in the Solar Program pursuant to sections 24 and 25 of this act;

      (c) When installing the solar energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (d) If the person will be participating in the Solar Program in the category of school property or public and other property, provide for the public display of the solar energy system, including, without limitation, providing for public demonstrations of the solar energy system and for hands-on experience of the solar energy system by the public.

      Sec. 24.  1.  If an applicant desires to participate in the Solar Program for a program year, the applicant must submit an application to a utility. If an applicant desires to participate in the category of school property or public and other property, the applicant may submit an application for multiple program years, not to exceed 5 years.

      2.  Each year on or before the date established by the Commission, a utility shall review each application submitted pursuant to subsection 1 to ensure that the applicant meets the qualifications and requirements to be eligible to participate in the Solar Program and submit to the Task Force:

      (a) The utility’s recommendations as to which applications should be approved for participation in the Solar Program; and

      (b) A master application containing all the applications recommended by the utility.

      3.  At any time after submitting an application to a utility, an applicant may install or energize his solar energy system if the solar energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who installs or energizes his solar energy system under such circumstances remains eligible to participate in the Solar Program, and the installation or energizing of the solar energy system does not alter the applicant’s status on the list of participants or the prioritized waiting list pursuant to section 25 of this act.

 


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ê2007 Statutes of Nevada, Page 2971 (Chapter 509, SB 437)ê

 

energizes his solar energy system under such circumstances remains eligible to participate in the Solar Program, and the installation or energizing of the solar energy system does not alter the applicant’s status on the list of participants or the prioritized waiting list pursuant to section 25 of this act.

      Sec. 25.  1.  Except as otherwise provided in this section, the Commission may approve, for a program year, solar energy systems:

      (a) Totaling 2,000 kilowatts of capacity for school property;

      (b) Totaling 760 kilowatts of capacity for public and other property; and

      (c) Totaling 1,000 kilowatts of capacity for private residential property and small business property.

      2.  If the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Commission may, in any combination it deems appropriate:

      (a) Allow a utility to submit additional applications to the Task Force from applicants who want to participate in that category; or

      (b) Reallocate any of the unused capacity in that category to any of the other categories,

Ê but in no case may the sum of the allocated total capacities of all the categories be greater than 3,760 kilowatts, which is the sum of the approvable total capacities of all the categories as described in subsection 1.

      3.  To promote the installation of solar energy systems on as many school properties as possible, the Commission may not approve for use in the Solar Program a solar energy system having a generating capacity of more than 50 kilowatts if the solar energy system is or will be installed on school property on or after July 1, 2007, unless the Commission determines that approval of a solar energy system with a greater generating capacity is more practicable for a particular school property.

      4.  After reviewing the master application submitted by a utility pursuant to section 24 of this act and ensuring that each applicant meets the qualifications and requirements to be eligible to participate in the Solar Program, the Task Force shall:

      (a) Within the limits of the capacity allocated to each category, select applicants to be participants in the Solar Program and place those applicants on a list of participants; and

      (b) Select applicants to be placed on a prioritized waiting list to become participants in the Solar Program if any capacity within a category becomes available.

      5.  Not later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.

      6.  After the Task Force selects an applicant to be on the list of participants, the utility which submitted the application to the Task Force on behalf of the applicant may approve the solar energy system proposed by the applicant. Except as otherwise provided in subsection 3 of section 24 of this act, immediately upon the utility’s approval of the solar energy system, the applicant may install and energize the solar energy system.

 


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ê2007 Statutes of Nevada, Page 2972 (Chapter 509, SB 437)ê

 

      Sec. 26.  1.  Except as otherwise provided in this section, if the Commission determines that a participant has not complied with the requirements for participation in the Solar Program, the Commission shall, after notice and an opportunity for a hearing, withdraw the participant from the Solar Program.

      2.  The Commission may, without notice or an opportunity for a hearing, withdraw from the Solar Program:

      (a) A participant in the category of private residential property and small business property, if the participant does not complete the installation of a solar energy system within 12 months after the date the participant receives written notice of his selection to participate in the Solar Program.

      (b) A participant in the category of school property or public and other property, if the participant does not complete the installation of a solar energy system within 30 months after the date the participant receives written notice of his selection to participate in the Solar Program.

      3.  A participant who is withdrawn from the Solar Program pursuant to subsection 2 forfeits any incentives.

      Sec. 27.  In adopting regulations for the Solar Program, the Commission shall adopt regulations establishing an incentive for participation in the Solar Program.

      Sec. 28.  If a solar energy system used by a participant in the Solar Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 29.  1.  After a participant installs a solar energy system included in the Solar Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821.

      2.  The Commission shall designate the portfolio energy credits issued pursuant to this section as portfolio energy credits generated, acquired or saved from solar renewable energy systems for the purposes of the portfolio standard.

      3.  All portfolio energy credits issued for a solar energy system installed pursuant to the Solar Program must be assigned to and become the property of the utility administering the Program.

      Sec. 30.  1.  The Renewable Energy School Pilot Program is hereby created. The goal of the Program is to encourage the development of and determine the feasibility for the integration of renewable energy systems on school properties.

      2.  The Commission shall adopt regulations for the Program. Such regulations shall include, but not be limited to:

      (a) A time frame for implementation of the Program;

      (b) The allowed renewable energy systems and combinations of such renewable energy systems on school property;

      (c) The amount of capacity that may be installed at each school property that participates in the Program;

      (d) A process by which a school district may apply for participation in the Program;

      (e) Requirements for participation by a school district;

      (f) The type of transactions allowed between a renewable energy system generator, a school district and a utility;

 


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ê2007 Statutes of Nevada, Page 2973 (Chapter 509, SB 437)ê

 

      (g) Incentives which may be provided to a school district or school property to encourage participation; and

      (h) Such other parameters as determined by the Commission and are consistent with the development of renewable energy systems at school properties.

      3.  The Program shall be limited to 10 school properties. Not more than 6 school properties from any one school district may participate in the Program.

      4.  The Commission shall adopt the regulations necessary to implement the Program not later than March 1, 2008.

      5.  The Commission shall prepare a report detailing the results of the Program and shall submit the report to the Legislature by December 1, 2008.

      6.  As used in this section:

      (a) “Commission” means the Public Utilities Commission of Nevada.

      (b) “Owned, leased or occupied” includes, without limitation, any real property, building or facilities which are owned, leased or occupied under a deed, lease, contract, license, permit, grant, patent or any other type of legal authorization.

      (c) “Renewable energy system” has the meaning ascribed to it in NRS 704.7815.

      (d) “School district” has the meaning ascribed to it in NRS 395.0075.

      (e) “School property” means any real property, building or facilities which are owned, leased or occupied by a public school as defined in NRS 385.007.

      (f) “Utility” has the meaning ascribed to it in section 19 of this act.

      Sec. 31.  Chapter 701 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director shall adopt regulations establishing a program for evaluating the energy consumption of residential property in this State.

      2.  The regulations must include, without limitation:

      (a) Standards for evaluating the energy consumption of residential property; and

      (b) Provisions prescribing a form to be used pursuant to section 50 of this act, including, without limitation, provisions that require a portion of the form to provide information on programs created pursuant to section 32.3 of this act and other programs of improving energy conservation and energy efficiency in residential property.

      3.  As used in this section:

      (a) “Dwelling unit” means any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one person who maintains a household or by two or more persons who maintain a common household.

      (b) “Residential property” means any land in this State to which is affixed not less than one or more than four dwelling units.

      Sec. 32.  NRS 701.010 is hereby amended to read as follows:

      701.010  1.  The Legislature finds that:

      (a) Energy is essential to the economy of the State and to the health, safety and welfare of the people of the State.

      (b) The State has a responsibility to encourage the maintenance of a reliable and economical supply of energy at a level which is consistent with the protection of environmental quality.

 


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      (c) The State has a responsibility to encourage the utilization of a wide range of measures which reduce wasteful uses of energy resources.

      (d) The State and the public have an interest in encouraging public utilities to promote and take actions toward energy conservation.

      (e) Planning for energy conservation and future energy requirements should include consideration of state, regional and local plans for land use, urban expansion, transportation systems, environmental protection and economic development.

      [(e)] (f) Government and private enterprise need to accelerate research and development of sources of renewable energy and to improve technology related to the research and development of existing sources of energy.

      [(f)] (g) While government and private enterprise are seeking to accelerate research and development of sources of renewable energy, they must also prepare for and respond to the advent of competition within the electrical energy industry and are, therefore, encouraged to maximize the use of indigenous energy resources to the extent competitively and economically feasible.

      [(g)] (h) Prevention of delays and interruptions in providing energy, protecting environmental values and conserving energy require expanded authority and capability within State Government.

      2.  It is the policy of this State to encourage participation with all levels of government and private enterprise in cooperative state, regional and national programs to assure adequate supplies of energy resources and markets for such energy resources.

      3.  It is the policy of this State to assign the responsibility for managing and conserving energy and its sources to agencies whose other programs are similar, to avoid duplication of effort in developing policies and programs for energy.

      Sec. 32.3.  Chapter 702 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  At the beginning of a fiscal year, 30 percent of the money in the Fund which was allocated to the Division of Welfare and Supportive Services during the preceding fiscal year pursuant to NRS 702.260 and which remains unspent and unencumbered must be distributed to the Housing Division for a program of improving energy conservation and energy efficiency in residential property. The Housing Division may use not more than 6 percent of the money distributed pursuant to this section for its administrative expenses.

      2.  Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Housing Division may use the money distributed pursuant to this section only to provide a qualified purchaser of residential property which has received a deficient evaluation on the energy consumption of the residential property pursuant to the program established in section 31 of this act with a grant to pay for improvements designed to increase the energy conservation and energy efficiency of the residential property or to assist an eligible household in acquiring such improvements.

      3.  To be eligible to receive assistance from the Housing Division pursuant to this section:

      (a) The purchaser of the residential property must have a household income that is not more than 80 percent of the median gross family income for the county in which the property is located, based upon the estimates of the United States Department of Housing and Urban Development of the most current median gross family income for that county; and

 


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the United States Department of Housing and Urban Development of the most current median gross family income for that county; and

      (b) The residential property must not meet the standards for energy consumption established pursuant to section 31 of this act.

      4.  The Housing Division shall adopt regulations to carry out and enforce the provisions of this section.

      5.  In carrying out the provisions of this section, the Housing Division shall:

      (a) Solicit advice from the Division of Welfare and Supportive Services and from other knowledgeable persons;

      (b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

      (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

      (d) Encourage other persons to provide resources and services, including, to the extent practicable, schools and programs that provide training in the building trades and apprenticeship programs;

      (e) Establish a process for evaluating the program conducted pursuant to this section;

      (f) Develop a process for making changes to the program; and

      (g) Engage in annual planning and evaluation processes with the Division of Welfare and Supportive Services as required by NRS 702.280.

      Sec. 32.5.  NRS 702.250 is hereby amended to read as follows:

      702.250  1.  There is hereby created as a special revenue fund in the State Treasury the Fund for Energy Assistance and Conservation. The Division of Welfare and Supportive Services shall administer the Fund.

      2.  In addition to the money that must be credited to the Fund from the universal energy charge, all money received from private or public sources to carry out the purposes of this chapter must be deposited in the State Treasury for credit to the Fund.

      3.  The Division shall, to the extent practicable, ensure that the money in the Fund is administered in a manner which is coordinated with all other sources of money that are available for energy assistance and conservation, including, without limitation, money contributed from private sources, money obtained from the Federal Government and money obtained from any agency or instrumentality of this State or political subdivision of this State.

      4.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

      5.  After deduction of any refunds paid from the Fund pursuant to NRS 702.160, the money in the Fund must be distributed pursuant to NRS 702.260 and 702.270 [.] and section 32.3 of this act.

      Sec. 32.7.  NRS 702.280 is hereby amended to read as follows:

      702.280  1.  The Division of Welfare and Supportive Services and the Housing Division jointly shall establish an annual plan to coordinate their activities and programs pursuant to this chapter. In preparing the annual plan, the Divisions shall solicit advice from knowledgeable persons. The annual plan must include, without limitation, a description of:

 


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ê2007 Statutes of Nevada, Page 2976 (Chapter 509, SB 437)ê

 

      (a) The resources and services being used by each program and the efforts that will be undertaken to increase or improve those resources and services;

      (b) The efforts that will be undertaken to improve administrative efficiency;

      (c) The efforts that will be undertaken to coordinate with other federal, state and local agencies, nonprofit organizations and any private business or trade organizations that provide energy assistance or conservation services to low-income persons;

      (d) The measures concerning program design that will be undertaken to improve program effectiveness; and

      (e) The efforts that will be taken to address issues identified during the most recently completed annual evaluation conducted pursuant to subsection 2.

      2.  The Division of Welfare and Supportive Services and the Housing Division jointly shall:

      (a) Conduct an annual evaluation of the programs that each Division carries out pursuant to NRS 702.260 and 702.270 [;] and section 32.3 of this act;

      (b) Solicit advice from the Commission as part of the annual evaluation; and

      (c) Prepare a report concerning the annual evaluation and submit the report to the Governor, the Legislative Commission and the Interim Finance Committee.

      3.  The report prepared pursuant to subsection 2 must include, without limitation:

      (a) A description of the objectives of each program;

      (b) An analysis of the effectiveness and efficiency of each program in meeting the objectives of the program;

      (c) The amount of money distributed from the Fund for each program and a detailed description of the use of that money for each program;

      (d) An analysis of the coordination between the Divisions concerning each program; and

      (e) Any changes planned for each program.

      Secs. 33-35.  (Deleted by amendment.)

      Sec. 36.  NRS 703.130 is hereby amended to read as follows:

      703.130  1.  The Commission shall appoint a Deputy Commissioner who shall serve in the unclassified service of the State.

      2.  The Commission shall appoint a Secretary who shall perform such administrative and other duties as are prescribed by the Commission. The Commission shall also appoint an Assistant Secretary.

      3.  The Commission may employ such other clerks, experts or engineers as may be necessary.

      4.  Except as otherwise provided in subsection 5, the Commission:

      (a) May appoint one or more hearing officers for a period specified by the Commission to conduct proceedings or hearings that may be conducted by the Commission pursuant to NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705, 708 and 711 of NRS.

      (b) Shall prescribe by regulation the procedure for appealing a decision of a hearing officer to the Commission.

      5.  The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

 


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      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) In any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application . [to clear its deferred accounts.]

      6.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 37.  NRS 703.320 is hereby amended to read as follows:

      703.320  Except as otherwise provided in [subsection 8] subsections 8 and 9 of NRS 704.110:

      1.  In any matter pending before the Commission, if a hearing is required by a specific statute or is otherwise required by the Commission, the Commission shall give notice of the pendency of the matter to all persons entitled to notice of the hearing. The Commission shall by regulation specify:

      (a) The manner of giving notice in each type of proceeding; and

      (b) The persons entitled to notice in each type of proceeding.

      2.  The Commission shall not dispense with a hearing:

      (a) In any matter pending before the Commission pursuant to NRS 704.7561 to 704.7595, inclusive; or

      (b) Except as otherwise provided in paragraph (f) of subsection [5] 1 of NRS 704.100, in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an [application to clear its deferred accounts.] annual deferred energy accounting adjustment application pursuant to NRS 704.187.

      3.  In any other matter pending before the Commission, the Commission may dispense with a hearing and act upon the matter pending unless, within 10 days after the date of the notice of pendency, a person entitled to notice of the hearing files with the Commission a request that the hearing be held. If such a request for a hearing is filed, the Commission shall give at least 10 days’ notice of the hearing.

      4.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 38.  Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission shall adopt regulations to establish methods and programs for a public utility which purchases natural gas for resale that remove financial disincentives which discourage the public utility from supporting energy conservation, including, without limitation:

      (a) Procedures for a public utility which purchases natural gas for resale to have a mechanism established during a general rate application filed pursuant to NRS 704.110 to ensure that the costs of the public utility for providing service are recovered without regard to the difference in the quantity of natural gas actually sold by the public utility by taking into account the adjusted and annualized quantity of natural gas sold during a test year and the growth in the number of customers of the public utility;

      (b) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of an activity relating to increasing energy efficiency or energy conservation; and

 


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ê2007 Statutes of Nevada, Page 2978 (Chapter 509, SB 437)ê

 

      (c) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of costs associated with an activity approved by the Commission pursuant to paragraph (b).

      2.  The regulations adopted pursuant to subsection 1 must ensure that the methods and programs consider the recovery of costs, stabilization of revenue and any reduction of risk for the public utility which purchases natural gas for resale.

      Sec. 39.  NRS 704.062 is hereby amended to read as follows:

      704.062  “Application to make changes in any schedule” and “application” include, without limitation:

      1.  A general rate application;

      2.  An application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale; and

      3.  An annual deferred energy accounting adjustment application. [to clear deferred accounts.]

      Sec. 40.  NRS 704.069 is hereby amended to read as follows:

      704.069  1.  Except as otherwise provided in [subsection 8] subsections 8 and 9 of NRS 704.110, the Commission shall conduct a consumer session to solicit comments from the public in any matter pending before the Commission pursuant to NRS 704.061 to 704.110, inclusive, in which:

      (a) A public utility has filed a general rate application, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale [or an application to clear its deferred accounts;] , an annual deferred energy accounting adjustment application pursuant to NRS 704.187 or an annual rate adjustment application; and

      (b) The changes proposed in the application will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that will exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less.

      2.  In addition to the case-specific consumer sessions required by subsection 1, the Commission shall, during each calendar year, conduct at least one general consumer session in the county with the largest population in this State and at least one general consumer session in the county with the second largest population in this State. At each general consumer session, the Commission shall solicit comments from the public on issues concerning public utilities. Not later than 60 days after each general consumer session, the Commission shall submit the record from the general consumer session to the Legislative Commission.

      Sec. 41.  NRS 704.100 is hereby amended to read as follows:

      704.100  1.  Except as otherwise provided in NRS 704.075 and 704.68904 to 704.68984, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:

      [1.] (a) A public utility shall not make changes in any schedule, unless the public utility:

      [(a)] (1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or

      [(b)] (2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of [subsection 5.

 


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ê2007 Statutes of Nevada, Page 2979 (Chapter 509, SB 437)ê

 

      2.] paragraph (f).

      (b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

      [3.] (c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 9 of NRS 704.110.

      (d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

      [4.] (e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

      [5.] (f) Except as otherwise provided in [subsection 6,] paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue, as certified by the public utility, in an amount that does not exceed $2,500:

      [(a)] (1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

      [(b)] (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

      [6.] (g) If the applicant is a public utility furnishing telephone service and the proposed change in any schedule will result in an increase in annual gross operating revenue, as certified by the applicant, in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less, the Commission shall determine whether it should dispense with a hearing regarding the proposed change.

      [7.] (h) In making the determination pursuant to [subsection 5 or 6,] paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

      2.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 42.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68904 to 704.68984, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097 or pursuant to the regulations adopted by the Commission in accordance with subsection 4 of NRS 704.040:

      1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application , [to clear its deferred accounts,] the Consumer’s Advocate shall be deemed a party of record.

 


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ê2007 Statutes of Nevada, Page 2980 (Chapter 509, SB 437)ê

 

application or an annual deferred energy accounting adjustment application , [to clear its deferred accounts,] the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in subsections 3 and [13,] 12, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall issue a written order approving or disapproving, in whole or in part, the proposed changes:

      (a) For a public utility that is a PAR carrier, not later than 180 days after the date on which the application is filed; and

      (b) For all other public utilities, not later than 210 days after the date on which the application is filed.

      3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. An electric utility shall file a general rate application pursuant to this subsection at least once every 24 months based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application on or before October 3, 2005, and at least once every 24 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application on or before November 15, 2006, and at least once every 24 months thereafter.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility which purchases natural gas for resale may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy.

 


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ê2007 Statutes of Nevada, Page 2981 (Chapter 509, SB 437)ê

 

reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. If the Commission determines that the public utility has met its burden of proof:

      (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

      (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

      5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

      6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7 , a quarterly rate adjustment pursuant to subsection 8 or 9, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application [to clear its deferred accounts pursuant to subsection 9,] pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions . [to file such an application.]

      7.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

      (a) An electric utility [using deferred accounting pursuant to NRS 704.187;] which is required to adjust its rates on a quarterly basis pursuant to subsection 9; or

      (b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8.

      8.  A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. If the Commission approves such a request:

      (a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment between annual rate adjustment applications. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

 


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ê2007 Statutes of Nevada, Page 2982 (Chapter 509, SB 437)ê

 

      (b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

             (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

             (2) Must include the following:

                   (I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                   (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                   (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and

                   (IV) Any other information required by the Commission.

      (c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of natural gas included in each quarterly rate adjustment and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

      9.  [Except as otherwise provided in subsection 10 and subsection 5 of NRS 704.100, if an electric utility using deferred accounting pursuant to NRS 704.187 files an application to clear its deferred accounts and to change one or more of its rates based upon changes in the costs for purchased fuel or purchased power, the Commission, after a public hearing and by an appropriate order:

      (a) Shall allow the electric utility to clear its deferred accounts by refunding any credit balance or recovering any debit balance over a period not to exceed 3 years, as determined by the Commission.

      (b) Shall not allow the electric utility to recover any debit balance, or portion thereof, in an amount that would result in a rate of return during the period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.

 


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ê2007 Statutes of Nevada, Page 2983 (Chapter 509, SB 437)ê

 

period of recovery that exceeds the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility.

      10.  Before allowing an electric utility to clear its deferred accounts pursuant to subsection 9, the Commission shall determine whether the costs for purchased fuel and purchased power that the electric utility recorded in its deferred accounts are recoverable and whether the revenues that the electric utility collected from customers in this State for purchased fuel and purchased power are properly recorded and credited in its deferred accounts. The Commission shall not allow the electric utility to recover any costs for purchased fuel and purchased power that were the result of any practice or transaction that was undertaken, managed or performed imprudently by the electric utility. There is no presumption that any practice or transaction was undertaken, managed or performed prudently by an electric utility applying to the Commission to clear its deferred accounts or to recover costs for purchased fuel and purchased power, and the electric utility has the burden of proving that the practices and transactions of the electric utility were reasonable and prudent.

      11.]  An electric utility shall adjust its rates on a quarterly basis based on changes in the public utility’s recorded costs of purchased fuel or purchased power in the following manner:

      (a) An electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (b) Each electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

             (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

             (2) Must include the following:

                   (I) The total amount of the increase or decrease in the electric utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                   (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                   (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission; and

                   (IV) Any other information required by the Commission.

      (c) An electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

 


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ê2007 Statutes of Nevada, Page 2984 (Chapter 509, SB 437)ê

 

to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and a review of the transactions and recorded costs of purchased fuel and purchased power included in each quarterly rate adjustment and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

      10.  If an electric utility files an annual deferred energy accounting adjustment application [to clear its deferred accounts] pursuant to subsection 9 and NRS 704.187 while a general rate application is pending, the electric utility shall:

      (a) Submit with its annual deferred energy accounting adjustment application [to clear its deferred accounts] information relating to the cost of service and rate design; and

      (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

      [12.] 11.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing such a facility.

      [13.] 12.  A PAR carrier may, in accordance with this section and NRS 704.100, file with the Commission a request to approve or change any schedule to provide volume or duration discounts to rates for telecommunication service for an offering made to all or any class of business customers. The Commission may conduct a hearing relating to the request, which must occur within 45 days after the date the request is filed with the Commission. The request and schedule shall be deemed approved if the request and schedule are not disapproved by the Commission within 60 days after the date the Commission receives the request.

      [14.] 13.  As used in this section:

      (a) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (b) “Electric utility that primarily serves densely populated counties” [has the meaning ascribed to it in NRS 704.187.] means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

 


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counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

      (c) “Electric utility that primarily serves less densely populated counties” [has the meaning ascribed to it in NRS 704.187.] means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.

      (d) “PAR carrier” has the meaning ascribed to it in NRS 704.68942.

      Sec. 43.  NRS 704.187 is hereby amended to read as follows:

      704.187  1.  [Except as otherwise provided in section 36 of chapter 16, Statutes of Nevada 2001, beginning on March 1, 2001, an] An electric utility that purchases fuel or power shall use deferred accounting by recording upon its books and records in deferred accounts all increases and decreases in costs for purchased fuel and purchased power that are prudently incurred by the electric utility.

      2.  An electric utility using deferred accounting shall include in its annual report to the Commission a statement showing, for the period of recovery, the allocated rate of return for each of its operating departments in this State using deferred accounting. If, during the period of recovery, the rate of return for any operating department using deferred accounting is greater than the rate of return authorized by the Commission in the most recently completed rate proceeding for the electric utility, the Commission shall order the electric utility that recovered costs for purchased fuel or purchased power through its rates during the reported period to transfer to the next energy adjustment period that portion of the amount recovered by the electric utility that exceeds the authorized rate of return.

      3.  Except as otherwise provided in this section, an electric utility using deferred accounting shall file an annual deferred energy accounting adjustment application [to clear its deferred accounts based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file an annual application to clear its deferred accounts on December 1, 2005, and in December] on or before March 1, 2008, and on or before March 1 of each year thereafter . [on a date specified by the Commission.

      (b) An electric utility that primarily serves densely populated counties shall file an annual application to clear its deferred accounts on January 17, 2006, and in January of each year thereafter on a date specified by the Commission.]

      4.  [An electric utility using deferred accounting may file a semiannual application to clear its deferred accounts if the net change in revenues necessary to clear its deferred accounts for the reported period is more than 5 percent of the total revenues generated by the electric utility during that period from its rates for purchased fuel and purchased power most recently authorized by the Commission.

      5.]  As used in this section:

      (a) [“Application to clear its deferred accounts”] “Annual deferred energy accounting adjustment application” means an application filed by an electric utility pursuant to this section and subsection 9 of NRS 704.110.

      (b) “Costs for purchased fuel and purchased power” means all costs which are prudently incurred by an electric utility and which are required to purchase fuel, to purchase capacity and to purchase energy.

 


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purchase fuel, to purchase capacity and to purchase energy. The term does not include any costs that the Commission determines are not recoverable pursuant to subsection [10] 9 of NRS 704.110.

      (c) “Electric utility” means any public utility or successor in interest that:

             (1) Is in the business of providing electric service to customers;

             (2) Holds a certificate of public convenience and necessity issued or transferred pursuant to this chapter; and

             (3) In the most recently completed calendar year or in any other calendar year within the 7 calendar years immediately preceding the most recently completed calendar year, had a gross operating revenue of $250,000,000 or more in this State.

Ê The term does not include a cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

      [(d) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 400,000 or more than it does from customers located in counties whose population is less than 400,000.

      (e) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 400,000 than it does from customers located in counties whose population is 400,000 or more.]

      Sec. 43.5.  NRS 704.741 is hereby amended to read as follows:

      704.741  1.  A utility which supplies electricity in this state shall, on or before July 1 of every third year, in the manner specified by the Commission, submit a plan to increase its supply of electricity or decrease the demands made on its system by its customers to the Commission.

      2.  The Commission shall, by regulation, prescribe the contents of such a plan including, but not limited to, the methods or formulas which are used by the utility to:

      (a) Forecast the future demands; and

      (b) Determine the best combination of sources of supply to meet the demands or the best method to reduce them.

      3.  The Commission shall require the utility to include in its plan an energy efficiency program for residential customers which reduces the consumption of electricity or any fossil fuel. The energy efficiency program must include, without limitation, the use of new solar thermal energy sources.

      Secs. 44-46.  (Deleted by amendment.)

      Sec. 47.  NRS 704.7802 is hereby amended to read as follows:

      704.7802  1.  “Energy efficiency measure” means any measure designed, intended or used to improve energy efficiency if:

      (a) The measure is installed on or after January 1, 2005, at the service location of a retail customer of a provider of electric service in this State;

      (b) The measure reduces the consumption of energy by the retail customer; and

 


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      (c) The costs of the acquisition or installation of the measure are directly reimbursed, in whole or in part, by the provider of electric service.

      2.  The term does not include [:

      (a) Any] any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.

      [(b) Any solar energy system which qualifies as a renewable energy system and which reduces the consumption of electricity or any fossil fuel.]

      Secs. 48 and 49.  (Deleted by amendment.)

      Sec. 50.  Chapter 113 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, the seller shall have the energy consumption of the residential property evaluated pursuant to the program established in section 31 of this act.

      2.  Except as otherwise provided in subsection 4, before closing a transaction for the conveyance of residential property, the seller shall serve the purchaser with the completed evaluation required pursuant to subsection 1, if any, on a form to be provided by the Director of the Office of Energy, as prescribed in regulations adopted pursuant to section 31 of this act.

      3.  Subsection 1 does not apply to a sale or intended sale of residential property:

      (a) By foreclosure pursuant to chapter 107 of NRS.

      (b) Between any co-owners of the property, spouses or persons related within the third degree of consanguinity.

      (c) By a person who takes temporary possession or control of or title to the property solely to facilitate the sale of the property on behalf of a person who relocates to another county, state or country before title to the property is transferred to a purchaser.

      (d) If the seller and purchaser agree to waive the requirements of subsection 1.

      4.  If an evaluation of a residential property was completed not more than 5 years before the seller and purchaser entered into the agreement to purchase the residential property, the seller may serve the purchaser with that evaluation.

      Sec. 51.  NRS 228.360 is hereby amended to read as follows:

      228.360  The Consumer’s Advocate:

      1.  Shall intervene in and represent the public interest in:

      (a) All proceedings conducted pursuant to NRS 704.7561 to 704.7595, inclusive; and

      (b) All proceedings conducted pursuant to NRS 704.061 to 704.110, inclusive, in which an electric utility has filed a general rate application or an annual deferred energy accounting adjustment application . [to clear its deferred accounts.]

      2.  May, with respect to all public utilities except railroads and cooperative utilities, and except as otherwise provided in NRS 228.380:

      (a) Conduct or contract for studies, surveys, research or expert testimony relating to matters affecting the public interest or the interests of utility customers.

      (b) Examine any books, accounts, minutes, records or other papers or property of any public utility subject to the regulatory authority of the Public Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

 


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Utilities Commission of Nevada in the same manner and to the same extent as authorized by law for members of the Public Utilities Commission of Nevada and its staff.

      (c) Except as otherwise provided in subsection 1, petition for, request, initiate, appear or intervene in any proceeding concerning rates, charges, tariffs, modifications of service or any related matter before the Public Utilities Commission of Nevada or any court, regulatory body, board, commission or agency having jurisdiction over any matter which the Consumer’s Advocate may bring before or has brought before the Public Utilities Commission of Nevada or in which the public interest or the interests of any particular class of utility customers are involved. The Consumer’s Advocate may represent the public interest or the interests of any particular class of utility customers in any such proceeding, and he is a real party in interest in the proceeding.

      3.  As used in this section, “electric utility” has the meaning ascribed to it in NRS 704.187.

      Sec. 51.3.  Chapter 360 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Commission on Economic Development approves an application by a business for a partial abatement pursuant to NRS 360.750, the agreement with the Commission must provide that the business:

      (a) Agrees to allow the Department to conduct audits of the business to determine whether the business is in compliance with the requirements for the partial abatement; and

      (b) Consents to the disclosure of the audit reports in the manner set forth in this section.

      2.  If the Department conducts an audit of the business to determine whether the business is in compliance with the requirements for the partial abatement, the Department shall, upon request, provide the audit report to the Commission on Economic Development.

      3.  Until the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit, the information contained in the audit report provided to the Commission on Economic Development:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record; and

      (c) Must not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.

      4.  After the business has exhausted all appeals to the Department and the Nevada Tax Commission relating to the audit:

      (a) The audit report provided to the Commission on Economic Development is a public record; and

      (b) Upon request by any person, the Executive Director of the Commission on Economic Development shall disclose the audit report to the person who made the request, except for any information in the audit report that is protected from disclosure pursuant to subsection 5.

      5.  Before the Executive Director of the Commission on Economic Development discloses the audit report to the public, the business may submit a request to the Executive Director to protect from disclosure any information in the audit report which, under generally accepted business practices, would be considered a trade secret or other confidential proprietary information of the business.

 


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proprietary information of the business. After consulting with the business, the Executive Director shall determine whether to protect the information from disclosure. The decision of the Executive Director is final and is not subject to judicial review. If the Executive Director determines to protect the information from disclosure, the protected information:

      (a) Is confidential proprietary information of the business;

      (b) Is not a public record;

      (c) Must be redacted by the Executive Director from any audit report that is disclosed to the public; and

      (d) Must not be disclosed to any person who is not an officer or employee of the Commission on Economic Development unless the business consents to the disclosure.

      Sec. 51.7.  NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Commission on Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.

      2.  The Commission on Economic Development shall approve an application for a partial abatement if the Commission makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Industrial Development and Diversification that is developed by the Commission pursuant to NRS 231.067; and

             (2) Any guidelines adopted pursuant to the State Plan.

      (b) The applicant has executed an agreement with the Commission which [states] must:

             (1) Comply with the requirements of section 51.3 of this act;

             (2) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Commission, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection [. The agreement must bind] ; and

             (3) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:

             (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

 


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                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:

             (1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (f) If the business is an existing business, the business meets at least two of the following requirements:

             (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

             (2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

             (3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Commission by regulation pursuant to subsection 9.

      (g) In lieu of meeting the requirements of paragraph (d), (e) or (f), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:

 


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ê2007 Statutes of Nevada, Page 2991 (Chapter 509, SB 437)ê

 

patent or a copyright into a commercial product, the business meets at least two of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The cost to the business for the benefits the business provides to its employees in this State will meet with minimum requirements established by the Commission by regulation pursuant to subsection 9.

      3.  Notwithstanding the provisions of subsection 2, the Commission on Economic Development:

      (a) Shall not consider an application for a partial abatement unless the Commission has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (b) May, if the Commission determines that such action is necessary:

             (1) Approve an application for a partial abatement by a business that does not meet the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2;

             (2) Make the requirements set forth in paragraph (d), (e), (f) or (g) of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement.

      4.  If a person submits an application to the Commission on Economic Development pursuant to subsection 1, the Commission shall provide notice to the governing body of the county, the board of trustees of the school district and the governing body of the city or town, if any, in which the person intends to locate or expand a business. The notice required pursuant to this subsection must set forth the date, time and location of the hearing at which the Commission will consider the application.

      5.  If the Commission on Economic Development approves an application for a partial abatement, the Commission shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Commission on Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

 


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ê2007 Statutes of Nevada, Page 2992 (Chapter 509, SB 437)ê

 

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      8.  A county treasurer:

      (a) Shall deposit any money that he receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      9.  The Commission on Economic Development:

      (a) Shall adopt regulations relating to:

             (1) The minimum level of benefits that a business must provide to its employees if the business is going to use benefits paid to employees as a basis to qualify for a partial abatement; and

             (2) The notice that must be provided pursuant to subsection 4.

      (b) May adopt such other regulations as the Commission on Economic Development determines to be necessary to carry out the provisions of this section [.] and section 51.3 of this act.

      10.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d), (e) or (g) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section [.] and section 51.3 of this act.

      11.  An applicant for an abatement who is aggrieved by a final decision of the Commission on Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Secs. 52-61.  (Deleted by amendment.)

      Sec. 62.  Sections 62 to 86, inclusive, of this act may be cited as the Wind Energy Systems Demonstration Program Act.

      Sec. 63.  As used in sections 62 to 86, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 64 to 78, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 64.  “Agricultural property” means any real property employed for an agricultural use as defined in NRS 361A.030.

      Sec. 65.  “Applicant” means a person who is applying to participate in the Wind Demonstration Program.

 


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ê2007 Statutes of Nevada, Page 2993 (Chapter 509, SB 437)ê

 

      Sec. 66.  “Category” means one of the categories of participation in the Wind Demonstration Program as set forth in section 79 of this act.

      Sec. 67.  “Commission” means the Public Utilities Commission of Nevada.

      Sec. 68.  (Deleted by amendment.)

      Sec. 69.  “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Sec. 70.  “Participant” means a person who has been selected by the Task Force pursuant to section 83 of this act to participate in the Wind Demonstration Program.

      Sec. 71.  “Person” includes, without limitation, a governmental entity.

      Sec. 72.  “Program year” means the period of July 1 to June 30 of the following year.

      Sec. 73.  “Public property” means any real property, building or facilities owned, leased or occupied by:

      1.  A department, agency or instrumentality of the State or any of its political subdivisions which is used for the transaction of public or quasi-public business; or

      2.  A nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended, or a corporation for public benefit as defined in NRS 82.021.

      Sec. 74.  “School property” means any real property, building or facilities owned, leased or occupied by:

      1.  A public school as defined in NRS 385.007;

      2.  A private school as defined in NRS 394.103; or

      3.  An institution of higher education.

      Sec. 75.  “Small business” means a business conducted for profit which employs 500 or fewer full-time or part-time employees.

      Sec. 75.5.  “Task Force” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

      Sec. 76.  “Utility” means a public utility that supplies electricity in this State.

      Sec. 77.  “Wind Demonstration Program” or “Program” means the Wind Energy Systems Demonstration Program created by section 79 of this act.

      Sec. 78.  “Wind energy system” means a facility or energy system for the generation of electricity that uses wind energy to generate electricity.

      Sec. 79.  1.  The Wind Energy Systems Demonstration Program is hereby created.

      2.  The Program must have four categories as follows:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      3.  To be eligible to participate in the Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to section 80 of this act;

 


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ê2007 Statutes of Nevada, Page 2994 (Chapter 509, SB 437)ê

 

      (b) Submit an application to a utility and be selected by the Task Force for inclusion in the Program pursuant to sections 82 and 83 of this act;

      (c) When installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (d) If the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.

      Sec. 80.  The Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in the Program in each particular category of:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      2.  The type of incentives available to participants in the Program and the level or amount of those incentives.

      3.  The requirements for a utility’s annual plan for carrying out and administering the Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Program;

      (b) A detailed budget and schedule for carrying out and administering the Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Program;

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s wind energy system and compliance with the Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Program; and

      (f) Any other information required by the Commission.

      Sec. 81.  1.  Each utility shall carry out and administer the Wind Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to section 82 of this act.

      2.  A utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Sec. 82.  1.  On or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area for the following program year.

 


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ê2007 Statutes of Nevada, Page 2995 (Chapter 509, SB 437)ê

 

      2.  On or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:

      (a) Review the annual plan filed by each utility for compliance with the requirements established by regulation; and

      (b) Approve the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.

      3.  On or before November 1, 2008, and on or before November 1 of each year thereafter, each utility shall submit to the Task Force the utility’s recommendations as to which applications received by the utility should be approved for participation in the Program. The Task Force shall review the applications to ensure that each applicant meets the qualifications and requirements to be eligible to participate in the Program.

      4.  Except as otherwise provided in section 83 of this act, the Task Force may approve, from among the applications recommended by each utility, wind energy systems totaling:

      (a) For the program year beginning July 1, 2008:

             (1) 500 kilowatts of capacity for school property;

             (2) 500 kilowatts of capacity for other public property;

             (3) 700 kilowatts of capacity for private residential property and small business property; and

             (4) 700 kilowatts of capacity for agricultural property.

      (b) For the program year beginning July 1, 2009:

             (1) An additional 250 kilowatts of capacity for school property;

             (2) An additional 250 kilowatts of capacity for other public property;

             (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

             (4) An additional 350 kilowatts of capacity for agricultural property.

      (c) For the program year beginning July 1, 2010:

             (1) An additional 250 kilowatts of capacity for school property;

             (2) An additional 250 kilowatts of capacity for other public property;

             (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

             (4) An additional 350 kilowatts of capacity for agricultural property.

      Sec. 83.  1.  Based on the applications submitted by each utility for a program year, the Task Force shall:

      (a) Within the limits of the capacity allocated to each category, select applicants to be participants in the Wind Demonstration Program and place those applicants on a list of participants; and

      (b) Select applicants to be placed on a prioritized waiting list to become participants in the Program if any capacity within a category becomes available.

      2.  Not later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.

      3.  If the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Task Force may, in any combination it deems appropriate:

      (a) Allow a utility to submit additional applications from applicants who want to participate in that category; or

 


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ê2007 Statutes of Nevada, Page 2996 (Chapter 509, SB 437)ê

 

      (b) Reallocate any of the unused capacity in that category to any of the other categories.

      4.  At any time after submitting an application to participate in the Program to a utility, an applicant may energize his wind energy system if the wind energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who energizes his wind energy system under such circumstances remains eligible to participate in the Program, and the energizing of the wind energy system does not alter the applicant’s status on the list of participants or the prioritized waiting list.

      Sec. 84.  1.  Except as otherwise provided in this section, if the Task Force determines that a participant has not complied with the requirements for participation in the Wind Demonstration Program, the Task Force shall, after notice and an opportunity for a hearing, withdraw the participant from the Program.

      2.  The Task Force may, without notice or an opportunity for a hearing, withdraw from the Program:

      (a) A participant in the category of private residential property and small business property or a participant in the category of agricultural property if the participant does not complete the installation of a wind energy system within 12 months after the date the participant receives written notice of his selection to participate in the Program.

      (b) A participant in the category of school property or a participant in the category of other public property if the participant does not complete the installation of a wind energy system within 30 months after the date the participant receives written notice of his selection to participate in the Program.

      3.  A participant who is withdrawn from the Program pursuant to subsection 2 forfeits any incentives.

      Sec. 85.  1.  After a participant installs a wind energy system included in the Wind Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the wind energy system.

      2.  All portfolio energy credits issued for a wind energy system installed pursuant to the Wind Demonstration Program must be assigned to and become the property of the utility administering the Program.

      Sec. 86.  If a wind energy system used by a participant in the Wind Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 87.  Sections 87 to 106, inclusive, of this act may be cited as the Waterpower Energy Systems Demonstration Program Act.

      Sec. 88.  As used in sections 87 to 106, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 89 to 98, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 89.  “Applicant” means a person who is applying to participate in the Waterpower Demonstration Program.

      Sec. 90.  “Commission” means the Public Utilities Commission of Nevada.

      Sec. 91.  (Deleted by amendment.)

 


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ê2007 Statutes of Nevada, Page 2997 (Chapter 509, SB 437)ê

 

      Sec. 92.  “Participant” means a person who has been selected by the Commission to participate in the Waterpower Demonstration Program.

      Sec. 93.  “Person” includes, without limitation, a public entity.

      Sec. 94.  “Program year” means the period of July 1 to June 30 of the following year.

      Sec. 94.5.  “Task Force” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

      Sec. 95.  “Utility” means a public utility that supplies electricity in this State.

      Sec. 96.  “Waterpower” has the meaning ascribed to it in subsection 3 of NRS 704.7811.

      Sec. 97.  “Waterpower energy system” means a facility or energy system for the generation of electricity that uses waterpower to generate electricity.

      Sec. 98.  “Waterpower Demonstration Program” or “Program” means the Waterpower Energy Systems Demonstration Program created by section 99 of this act.

      Sec. 99.  1.  The Waterpower Energy Systems Demonstration Program is hereby created.

      2.  The Waterpower Demonstration Program is created for agricultural uses.

      3.  To be eligible to participate in the Waterpower Demonstration Program, a person must meet the qualifications established pursuant to subsection 4 and apply to and be selected by the Task Force for inclusion in the Waterpower Demonstration Program.

      4.  The Commission shall adopt regulations providing for the qualifications an applicant must meet to qualify to participate in the Waterpower Demonstration Program.

      Sec. 100.  The Task Force is responsible for the administration and delivery of the Waterpower Demonstration Program as approved by the Commission.

      Sec. 101.  The Commission shall adopt regulations that establish:

      1.  The level, amount and type of incentives available for participants in the Waterpower Demonstration Program.

      2.  The requirements for an annual plan for the administration and delivery of the Waterpower Demonstration Program. The requirements for an annual plan must include, without limitation:

      (a) An advertising plan;

      (b) A detailed budget;

      (c) A schedule;

      (d) Administrative processes, including, without limitation, a copy of the application and process for accepting applications;

      (e) An inspection and verification process;

      (f) Proposed training and educational activities; and

      (g) Any other information required by the Commission.

      Sec. 102.  1.  On or before February 21, 2008, and on or before February 1 of each subsequent year, each utility shall file with the Commission for approval an annual plan for the administration and delivery of the Waterpower Demonstration Program for the program year beginning July 1, 2008, and each subsequent year thereafter.

 


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ê2007 Statutes of Nevada, Page 2998 (Chapter 509, SB 437)ê

 

      2.  On or before July 1, 2008, and on or before each July 1 of each subsequent year, the Commission shall review the annual plan for compliance with the requirements set forth by regulation of the Commission.

      3.  On or before November 1, 2008, and on or before November 1 of each subsequent year, each utility shall submit to the Task Force a recommendation of which applications received should be accepted into the program. The Task Force shall review the applications to ensure that the applicant meets the requirements adopted pursuant to subsection 4 of section 99 of this act.

      4.  The Task Force may approve, from among the applications recommended by each utility, waterpower energy systems totaling:

      (a) For the program year beginning July 1, 2008, 200 kilowatts of capacity;

      (b) For the program year beginning July 1, 2009, an additional 100 kilowatts of capacity; and

      (c) For the program year beginning July 1, 2010, an additional 100 kilowatts of capacity.

      Sec. 103.  Each utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Waterpower Demonstration Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Sec. 104.  1.  After a participant installs a waterpower energy system included in the Waterpower Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the waterpower energy system of the participant.

      2.  All portfolio energy credits issued for a waterpower energy system installed pursuant to the Waterpower Demonstration Program are assigned to and become the property of the utility administering the Program.

      Sec. 105.  If the waterpower energy system used by a participant in the Waterpower Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 106.  If the Commission determines that a participant did not comply with the requirements for participation in the Waterpower Demonstration Program, the Commission shall, after notice and an opportunity for a hearing, withdraw the participant from the Waterpower Demonstration Program. Notice or a hearing is not required for dropping an applicant from the Program who fails to meet any completion time frames specified for the Program.

      Sec. 107.  (Deleted by amendment.)

      Sec. 108.  Section 24 of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, at page 90, is hereby amended to read as follows:

      Sec. 24.  The provisions of sections 4 to 21, inclusive, of this act expire by limitation on June 30, [2010.] 2007.

      Secs. 109-111.  (Deleted by amendment.)

      Sec. 112.  With regard to solar energy systems, it is the intent of the Legislature to substitute the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act in a continuing way for the provisions of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as last amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, except that if there is a conflict between the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act, and the provisions of the Solar Energy Systems Demonstration Program Act, the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act control.

 


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ê2007 Statutes of Nevada, Page 2999 (Chapter 509, SB 437)ê

 

inclusive, 44 to 49, inclusive, and 108 of this act in a continuing way for the provisions of the Solar Energy Systems Demonstration Program Act, being chapter 331, Statutes of Nevada 2003, as last amended by chapter 2, Statutes of Nevada 2005, 22nd Special Session, except that if there is a conflict between the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act, and the provisions of the Solar Energy Systems Demonstration Program Act, the provisions of this section, sections 1 to 29, inclusive, 44 to 49, inclusive, and 108 of this act control.

      Sec. 112.5.  The provisions of sections 51.3 and 51.7 of this act do not apply to any abatement for which an agreement was executed before July 1, 2007, between the Commission on Economic Development and the business to which the abatement was granted.

      Sec. 113.  1.  This act becomes effective:

      (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

      (b) For all other purposes besides those described in paragraph (a):

             (1) For this section and sections 1, 30, 32, 36 to 46, inclusive, 49, 51 to 61, inclusive, 107, 109, 110 and 111 of this act, upon passage and approval.

             (2) For sections 1.5 to 29, inclusive, 43.5, 47, 51.3, 51.7, 108, 112 and 112.5 of this act, on July 1, 2007.

             (3) For sections 62 to 106, inclusive, of this act, on October 1, 2007.

             (4) For sections 31, 32.3, 32.5, 32.7, 33, 34 and 35 of this act, on January 1, 2009.

             (5) For section 48 of this act, on January 1, 2010.

             (6) For section 50 of this act, on January 1, 2011.

      2.  Sections 62 to 106, inclusive, of this act expire by limitation on June 30, 2011.

________

 


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ê2007 Statutes of Nevada, Page 3000ê

 

CHAPTER 510, AB 178

Assembly Bill No. 178–Assemblymen Bobzien, Buckley, Leslie, Pierce, Anderson, Conklin, Horne, Kirkpatrick, Manendo, Oceguera, Parks and Segerblom

 

Joint Sponsor: Senator Titus

 

CHAPTER 510

 

AN ACT relating to energy; requiring certain lights sold in this State to meet certain standards of energy efficiency; revising the authority of the Director of the Office of Energy; revising the membership of the Task Force for Renewable Energy and Energy Conservation; revising various provisions relating to net metering; revising provisions governing the exemption of electric generating plants; providing for the establishment of a pilot program to collect and separate recyclable material that may be used as renewable energy or converted into renewable fuel; providing for the establishment of the Wind Energy Systems Demonstration Program; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Section 1 of this bill prohibits the sale in this State of certain general purpose lights that do not produce a certain amount of lumens per watt of electricity consumed, and requires the Director of the Office of Energy to adopt regulations establishing a minimum standard of energy efficiency for such lights.

      Existing law provides for the membership of the Task Force for Renewable Energy and Energy Conservation. (NRS 701.350) Sections 1.35 and 29.7 of this bill revise the membership of the Task Force.

      Existing law authorizes a customer of an electric utility to use a net metering system on the customer’s premises to generate electricity to offset part or all of the customer’s requirements for electricity. The net metering system must use renewable energy as its primary source of energy to generate electricity, and the system is allowed to have a generating capacity of not more than 150 kilowatts. (NRS 704.766-704.775)

      Section 1.4 of this bill provides that one of the purposes and policies of the Legislature in enacting the net metering statutes is to streamline the process for customers of a utility to apply for and install net metering systems.

      Section 1.5 of this bill provides for a general increase in the permissible capacity of net metering systems and allows a customer-generator to use a net metering system of not more than 1 megawatt. However, section 1.5 also places specific limitations on the capacity of net metering systems under certain circumstances.

      Section 2 of this bill requires the Public Utilities Commission of Nevada to adopt regulations regarding a net metering tariff and a standard net metering contract. Section 3 of this bill changes the method for calculating the value of the electricity generated by certain net metering systems.

      Existing law provides for the establishment of programs for collecting and separating recyclable material. (Chapter 444A of NRS) Section 4.5 of this bill provides that in a county whose population is 400,000 or more (currently Clark County), the board of county commissioners shall, in conjunction with each licensed hauler of garbage and refuse, establish a pilot program for collecting and separating recyclable material that may be used as a source of renewable energy or converted into renewable fuel.

 


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ê2007 Statutes of Nevada, Page 3001 (Chapter 510, AB 178)ê

 

      Under the Solar Energy Systems Demonstration Program Act, certain entities, such as schools and public agencies, which install solar energy systems are entitled to participate in a demonstration program and receive incentives for such participation. (Chapter 331, Statutes of Nevada 2003, p. 1868) The Solar Energy Systems Demonstration Program Act expires by limitation on June 30, 2010. (Chapter 2, Statutes of Nevada 2005, 22nd Special Session, p. 90)

      Sections 5-29 of this bill enact the Wind Energy Systems Demonstration Program Act, a similar demonstration program for wind energy systems. Under this bill, the Wind Energy Systems Demonstration Program Act expires by limitation on certain specified dates.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 701 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Between January 1, 2012, and December 31, 2015, inclusive, no general purpose light may be sold in this State unless it produces at least 25 lumens per watt of electricity consumed.

      2.  On and after January 1, 2016, no general purpose light may be sold in this State unless it meets or exceeds the minimum standard of energy efficiency established by the Director pursuant to subsection 3 for lumens per watt of electricity consumed.

      3.  The Director shall adopt regulations to carry out the provisions of this section. The regulations must, without limitation:

      (a) Establish a minimum standard of energy efficiency for lumens per watt of electricity consumed that must be produced by general purpose lights sold in this State on and after January 1, 2016. The minimum standard of energy efficiency established by the Director must exceed 25 lumens per watt of electricity consumed.

      (b) Attempt to minimize the overall cost to consumers for general purpose lighting, considering the needs of consumers relating to lighting, technological feasibility and anticipated product availability and performance.

      4.  As used in this section, “general purpose light” means lamps, bulbs, tubes or other devices that provide functional illumination for indoor or outdoor use. The term does not include “specialty lighting” or “lighting necessary to provide illumination for persons with special needs,” as defined by the Director by regulation.

      Sec. 1.3.  NRS 701.170 is hereby amended to read as follows:

      701.170  The Director may:

      1.  Administer any gifts or grants which the Office of Energy is authorized to accept for the purposes of this chapter.

      2.  Expend money received from those gifts or grants or from legislative appropriations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

      3.  Enter into any cooperative agreement with any federal or state agency or political subdivision.

      4.  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations appropriate to that program.

 


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ê2007 Statutes of Nevada, Page 3002 (Chapter 510, AB 178)ê

 

      5.  Assist developers of renewable energy generation projects in preparing and making requests to obtain money for development through the issuance of industrial development revenue bonds pursuant to NRS 349.400 to 349.670, inclusive.

      6.  Adopt any regulations that the Director determines are necessary to carry out the duties of the Office of Energy pursuant to this chapter.

      7.  Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he determines is necessary or convenient for the exercise of the powers and duties of the Office of Energy. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Office of Energy.

      8.  Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Office of Energy.

      Sec. 1.35.  NRS 701.350 is hereby amended to read as follows:

      701.350  1.  The Task Force for Renewable Energy and Energy Conservation is hereby created. The Task Force consists of [11] 15 members who are appointed as follows:

      (a) Two members appointed by the Majority Leader of the Senate, one of whom represents the interests of the renewable energy industry in this State with respect to biomass and the other of whom represents the interests of the mining industry in this State.

      (b) Two members appointed by the Speaker of the Assembly, one of whom represents the interests of the renewable energy industry in this State with respect to geothermal energy and the other of whom represents the interests of a nonprofit organization dedicated to the protection of the environment or to the conservation of energy or the efficient use of energy.

      (c) [One member] Two members appointed by the Minority Leader of the Senate [to represent] , one of whom represents the interests of the natural gas industry in this State and one of whom represents the interests of the renewable energy industry in this State with respect to solar energy.

      (d) [One member] Two members appointed by the Minority Leader of the Assembly to represent the interests of the [public] electric utilities in this State.

      (e) Two members appointed by the Governor, one of whom represents the interests of the renewable energy industry in this State with respect to wind and the other of whom represents the interests of the gaming industry in this State.

      (f) One member appointed by the Consumer’s Advocate to represent the interests of the consumers in this State.

      (g) One member appointed by the governing board of the State of Nevada AFL-CIO or, if the State of Nevada AFL-CIO ceases to exist, by its successor organization or, if there is no successor organization, by the Governor.

      (h) One member appointed by the Governor to represent the interests of energy conservation and the efficient use of energy in this State.

      (i) One member appointed by the Chancellor of the Nevada System of Higher Education to represent the interests of education and academic research in this State.

 


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ê2007 Statutes of Nevada, Page 3003 (Chapter 510, AB 178)ê

 

      (j) One member who is an appointed member of the Commission on Economic Development and who has been selected by that Commission to serve as a member of the Task Force.

      2.  A member of the Task Force:

      (a) Must be a citizen of the United States and a resident of this State.

      (b) Must have training, education, experience or knowledge concerning:

             (1) The development or use of renewable energy;

             (2) Financing, planning or constructing renewable energy generation projects;

             (3) Measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

             (4) Weatherization;

             (5) Building and energy codes and standards;

             (6) Grants or incentives concerning energy;

             (7) Public education or community relations; or

             (8) Any other matter within the duties of the Task Force.

      (c) Must not be an officer or employee of the Legislative or Judicial Department of State Government.

      3.  After the initial terms, the term of each member of the Task Force is 3 years [.] , except that the member of the Task Force who is also an appointed member of the Commission on Economic Development serves at the pleasure of that Commission. A vacancy on the Task Force must be filled for the remainder of the unexpired term in the same manner as the original appointment. A member may be reappointed to the Task Force.

      4.  A member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Task Force and perform any work that is necessary to carry out the duties of the Task Force 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 Task Force to:

      (a) Make up the time he is absent from work to carry out his duties as a member of the Task Force; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 1.4.  NRS 704.766 is hereby amended to read as follows:

      704.766  It is hereby declared to be the purpose and policy of the Legislature in enacting NRS 704.766 to 704.775, inclusive, to:

      1.  Encourage private investment in renewable energy resources;

      2.  Stimulate the economic growth of this State; [and]

      3.  Enhance the continued diversification of the energy resources used in this State [.]; and

      4.  Streamline the process for customers of a utility to apply for and install net metering systems.

      Sec. 1.5.  NRS 704.771 is hereby amended to read as follows:

      704.771  1.  “Net metering system” means a facility or energy system for the generation of electricity that:

      [1.] (a) Uses renewable energy as its primary source of energy to generate electricity;

      [2.] (b) Has a generating capacity of not more than [150 kilowatts;

      3.] 1 megawatt;

      (c) Is located on the customer-generator’s premises;

 


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ê2007 Statutes of Nevada, Page 3004 (Chapter 510, AB 178)ê

 

      [4.] (d) Operates in parallel with the utility’s transmission and distribution facilities; and

      [5.] (e) Is intended primarily to offset part or all of the customer-generator’s requirements for electricity.

      2.  The term does not include a facility or energy system for the generation of electricity which has a generating capacity that exceeds the greater of:

      (a) The limit on the demand that the class of customer of the customer-generator may place on the system of the utility; or

      (b) One hundred fifty percent of the peak demand of the customer.

      Sec. 2.  NRS 704.773 is hereby amended to read as follows:

      704.773  1.  A utility shall offer net metering, as set forth in NRS 704.775, to the customer-generators operating within its service area until the cumulative capacity of all such net metering systems is equal to 1 percent of the utility’s peak capacity.

      2.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of not more than [30] 100 kilowatts, the utility:

      (a) Shall offer to make available to the customer-generator an energy meter that is capable of registering the flow of electricity in two directions.

      (b) May, at its own expense and with the written consent of the customer-generator, install one or more additional meters to monitor the flow of electricity in each direction.

      (c) Shall not charge a customer-generator any fee or charge that would increase the customer-generator’s minimum monthly charge to an amount greater than that of other customers of the utility in the same rate class as the customer-generator.

      3.  If the net metering system of a customer-generator who accepts the offer of a utility for net metering has a capacity of more than [30] 100 kilowatts, the utility [may:

      (a) Require] :

      (a) May require the customer-generator to install at its own cost [an] :

             (1) An energy meter that is capable of measuring generation output and customer load [.] ; and

             (2) Any upgrades to the system of the utility that are required to make the net metering system compatible with the system of the utility.

      (b) [Charge] Except as otherwise provided in paragraph (c), may charge the customer-generator any applicable fee or charge charged to other customers of the utility in the same rate class as the customer-generator, including, without limitation, customer, demand and facility charges.

      (c) Shall not charge the customer-generator any standby charge.

Ê At the time of installation or upgrade of any portion of a net metering system, the utility must allow a customer-generator governed by this subsection to pay the entire cost of the installation or upgrade of the portion of the net metering system.

      4.  The Commission shall adopt regulations prescribing the form and substance for a net metering tariff and a standard net metering contract. The regulations must include, without limitation:

      (a) The particular provisions, limitations and responsibilities of a customer-generator which must be included in a net metering tariff with regard to:

 


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ê2007 Statutes of Nevada, Page 3005 (Chapter 510, AB 178)ê

 

             (1) Metering equipment;

             (2) Net energy metering and billing; and

             (3) Interconnection,

Ê based on the allowable size of the net metering system.

      (b) The particular provisions, limitations and responsibilities of a customer-generator and the utility which must be included in a standard net metering contract.

      (c) A timeline for processing applications and contracts for net metering applicants.

      (d) Any other provisions the Commission finds necessary to carry out the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 3.  NRS 704.775 is hereby amended to read as follows:

      704.775  1.  The billing period for net metering must be a monthly period.

      2.  [If a customer-generator’s net metering system has a capacity of not more than 30 kilowatts, the] The net energy measurement must be calculated in the following manner:

      (a) The utility shall measure, in kilowatt-hours, the net electricity produced or consumed during the billing period, in accordance with normal metering practices.

      (b) If the electricity supplied by the utility exceeds the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net electricity supplied by the utility.

      (c) If the electricity generated by the customer-generator which is fed back to the utility exceeds the electricity supplied by the utility during the billing period:

             (1) Neither the utility nor the customer-generator is entitled to compensation for the electricity provided to the other during the billing period.

             (2) The excess electricity which is fed back to the utility during the billing period is carried forward to the next billing period as an addition to the kilowatt - hours generated by the customer-generator in that billing period. If the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods.

             (3) Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if:

                   (I) The net metering system ceases to operate or is disconnected from the utility’s transmission and distribution facilities;

                   (II) The customer-generator ceases to be a customer of the utility at the premises served by the net metering system; or

                   (III) The customer-generator transfers the net metering system to another person.

             (4) The value of the excess electricity [which is fed back to the utility shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.

 


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ê2007 Statutes of Nevada, Page 3006 (Chapter 510, AB 178)ê

 

      3.  If a customer-generator’s net metering system has a capacity of more than 30 kilowatts, the net energy measurement must be calculated in the following manner:

      (a) The utility shall:

             (1) Measure, in kilowatt-hours, the amount of electricity supplied by the utility to the customer-generator during the billing period and calculate its value using the tariff that would be applicable if the customer-generator did not use a net metering system; and

             (2) Measure, in kilowatt-hours, the amount of electricity generated by the customer-generator which is fed back to the utility during the billing period and calculate its value at a rate that is consistent with the rate used to calculate the value of the electricity supplied by the utility.

      (b) If the value of electricity supplied by the utility exceeds the value of the electricity generated by the customer-generator which is fed back to the utility during the billing period, the customer-generator must be billed for the net value of the electricity supplied by the utility.

      (c) If the value of the electricity generated by the customer-generator which is fed back to the utility exceeds the value of the electricity supplied by the utility during the billing period:

             (1) Neither the utility nor the customer-generator is entitled to compensation for the value of the electricity provided to the other during the billing period.

             (2) The value of the excess electricity:

                   (I) Must not be shown as a credit on the customer-generator’s bill for that billing period but must be reflected as a credit that is carried forward to offset the value of the electricity supplied by the utility during a subsequent billing period. At the discretion of the utility, the credit may be in a dollar amount or in kilowatt-hours. If the credit is reflected as excess electricity and the customer-generator is billed for electricity pursuant to a time-of-use rate schedule, the excess electricity carried forward must be added to the same time-of-use period as the time-of-use period in which it was generated unless the subsequent billing period lacks a corresponding time-of-use period. In that case, the excess electricity carried forward must be apportioned evenly among the available time-of-use periods. Excess electricity may be carried forward to subsequent billing periods indefinitely, but a customer-generator is not entitled to receive compensation for any excess electricity that remains if the net metering system ceases to operate or is disconnected from the utility’s transmission and distribution facilities, the customer-generator ceases to be a customer of the utility at the premises served by the net metering system or the customer-generator transfers the net metering system to another person.

                   (II) Does not reduce any other fee or charge imposed by the utility.

             (3) The excess electricity which is fed back to the utility] must not be used to reduce any other fee or charge imposed by the utility.

      3.  If the cost of purchasing and installing a net metering system was paid for:

      (a) In whole or in part by a utility, the electricity generated by the net metering system shall be deemed to be electricity that the utility generated or acquired from a renewable energy system for the purposes of complying with its portfolio standard pursuant to NRS 704.7801 to 704.7828, inclusive.

 


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ê2007 Statutes of Nevada, Page 3007 (Chapter 510, AB 178)ê

 

      (b) Entirely by a customer-generator, the Commission shall issue to the customer-generator portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the electricity generated by the net metering system.

      4.  A bill for electrical service is due at the time established pursuant to the terms of the contract between the utility and the customer-generator.

      Sec. 4.  NRS 704.860 is hereby amended to read as follows:

      704.860  “Utility facility” means:

      1.  Electric generating plants and their associated facilities, except:

      (a) Electric generating plants and their associated facilities that are or will be located entirely within the boundaries of a county whose population is 100,000 or more; or

      (b) Electric generating plants and their associated facilities which use or will use renewable energy, as defined in NRS 704.7811, as their primary source of energy to generate electricity and which have or will have a generating capacity of not more than [150 kilowatts,] 35 megawatts, including, without limitation, a net metering system, as defined in NRS 704.771.

Ê As used in this subsection, “associated facilities” includes, without limitation, any facilities for the storage, transmission or treatment of water, including, without limitation, facilities to supply water or for the treatment or disposal of wastewater, which support or service an electric generating plant.

      2.  Electric transmission lines and transmission substations that:

      (a) Are designed to operate at 200 kilovolts or more;

      (b) Are not required by local ordinance to be placed underground; and

      (c) Are constructed outside any incorporated city.

      3.  Gas transmission lines, storage plants, compressor stations and their associated facilities when constructed outside:

      (a) Any incorporated city; and

      (b) Any county whose population is 100,000 or more.

      4.  Water storage, transmission and treatment facilities, other than facilities for the storage, transmission or treatment of water from mining operations.

      5.  Sewer transmission and treatment facilities.

      Sec. 4.5.  Chapter 444A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners in a county whose population is 400,000 or more shall, in conjunction with each licensed hauler of garbage and refuse operating in the county, establish a pilot program for collecting and separating recyclable material that has the potential to be used as a source of renewable energy or converted into renewable fuel.

      2.  The pilot program must include, without limitation:

      (a) An exploration of technologies and processes that are able to use recyclable material as a source of renewable energy or convert recyclable material into renewable fuel.

      (b) The creation and maintenance of adequate records to allow an assessment of the feasibility of establishing a statewide recycling standard.

      3.  The pilot program must not conflict with the standards relating to recyclable material adopted by the State Environmental Commission pursuant to NRS 444A.020.

 


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ê2007 Statutes of Nevada, Page 3008 (Chapter 510, AB 178)ê

 

      4.  As used in this section:

      (a) “Licensed hauler of garbage and refuse” means a person who holds the licenses and permits required to operate a business of collecting and disposing of garbage and refuse. The term includes a person who is licensed to operate a business of collecting recyclable material.

      (b) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.

      Sec. 5.  Sections 5 to 29, inclusive, of this act may be cited as the Wind Energy Systems Demonstration Program Act.

      Sec. 6.  As used in sections 5 to 29, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 7 to 21, inclusive, of this act have the meaning ascribed to them in those sections.

      Sec. 7.  “Agricultural property” means any real property employed for an agricultural use as defined in NRS 361A.030.

      Sec. 8.  “Applicant” means a person who is applying to participate in the Wind Demonstration Program.

      Sec. 9.  “Category” means one of the categories of participation in the Wind Demonstration Program as set forth in section 22 of this act.

      Sec. 10.  “Commission” means the Public Utilities Commission of Nevada.

      Sec. 11.  (Deleted by amendment.)

      Sec. 12.  “Institution of higher education” means:

      1.  A university, college or community college which is privately owned or which is part of the Nevada System of Higher Education; or

      2.  A postsecondary educational institution, as defined in NRS 394.099, or any other institution of higher education.

      Sec. 13.  “Participant” means a person who has been selected by the Task Force pursuant to section 26 of this act to participate in the Wind Demonstration Program.

      Sec. 14.  “Person” includes, without limitation, a governmental entity.

      Sec. 15.  “Program year” means the period of July 1 to June 30 of the following year.

      Sec. 16.  “Public property” means any real property, building or facilities owned, leased or occupied by:

      1.  A department, agency or instrumentality of the State or any of its political subdivisions which is used for the transaction of public or quasi-public business; or

      2.  A nonprofit organization that is recognized as exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), as amended, or a corporation for public benefit as defined in NRS 82.021.

      Sec. 17.  “School property” means any real property, building or facilities owned, leased or occupied by:

      1.  A public school as defined in NRS 385.007;

      2.  A private school as defined in NRS 394.103; or

      3.  An institution of higher education.

      Sec. 18.  “Small business” means a business conducted for profit which employs 500 or fewer full-time or part-time employees.

      Sec. 18.5.  “Task Force” means the Task Force for Renewable Energy and Energy Conservation created by NRS 701.350.

      Sec. 19.  “Utility” means a public utility that supplies electricity in this State.

 


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ê2007 Statutes of Nevada, Page 3009 (Chapter 510, AB 178)ê

 

      Sec. 20.  “Wind Demonstration Program” or “Program” means the Wind Energy Systems Demonstration Program created by section 22 of this act.

      Sec. 21.  “Wind energy system” means a facility or energy system for the generation of electricity that uses wind energy to generate electricity.

      Sec. 22.  1.  The Wind Energy Systems Demonstration Program is hereby created.

      2.  The Program must have four categories as follows:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      3.  To be eligible to participate in the Program, a person must:

      (a) Meet the qualifications established by the Commission pursuant to section 23 of this act;

      (b) Submit an application to a utility and be selected by the Task Force for inclusion in the Program pursuant to sections 25 and 26 of this act;

      (c) When installing the wind energy system, use an installer who has been issued a classification C-2 license with the appropriate subclassification by the State Contractors’ Board pursuant to the regulations adopted by the Board; and

      (d) If the person will be participating in the Program in the category of school property or other public property, provide for the public display of the wind energy system, including, without limitation, providing for public demonstrations of the wind energy system and for hands-on experience of the wind energy system by the public.

      Sec. 23.  The Commission shall adopt regulations necessary to carry out the provisions of the Wind Energy Systems Demonstration Program Act, including, without limitation, regulations that establish:

      1.  The qualifications and requirements an applicant must meet to be eligible to participate in the Program in each particular category of:

      (a) School property;

      (b) Other public property;

      (c) Private residential property and small business property; and

      (d) Agricultural property.

      2.  The type of incentives available to participants in the Program and the level or amount of those incentives.

      3.  The requirements for a utility’s annual plan for carrying out and administering the Program. A utility’s annual plan must include, without limitation:

      (a) A detailed plan for advertising the Program;

      (b) A detailed budget and schedule for carrying out and administering the Program;

      (c) A detailed account of administrative processes and forms that will be used to carry out and administer the Program, including, without limitation, a description of the application process and copies of all applications and any other forms that are necessary to apply for and participate in the Program;

      (d) A detailed account of the procedures that will be used for inspection and verification of a participant’s wind energy system and compliance with the Program;

      (e) A detailed account of training and educational activities that will be used to carry out and administer the Program; and

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3010 (Chapter 510, AB 178)ê

 

      (f) Any other information required by the Commission.

      Sec. 24.  1.  Each utility shall carry out and administer the Wind Demonstration Program within its service area in accordance with its annual plan as approved by the Commission pursuant to section 25 of this act.

      2.  A utility may recover its reasonable and prudent costs, including, without limitation, customer incentives, that are associated with carrying out and administering the Program within its service area by seeking recovery of those costs in an appropriate proceeding before the Commission pursuant to NRS 704.110.

      Sec. 25.  1.  On or before February 1, 2008, and on or before February 1 of each year thereafter, each utility shall file with the Commission its annual plan for carrying out and administering the Wind Demonstration Program within its service area for the following program year.

      2.  On or before July 1, 2008, and on or before July 1 of each year thereafter, the Commission shall:

      (a) Review the annual plan filed by each utility for compliance with the requirements established by regulation; and

      (b) Approve the annual plan with such modifications and upon such terms and conditions as the Commission finds necessary or appropriate to facilitate the Program.

      3.  On or before November 1, 2008, and on or before November 1 of each year thereafter, each utility shall submit to the Task Force the utility’s recommendations as to which applications received by the utility should be approved for participation in the Program. The Task Force shall review the applications to ensure that each applicant meets the qualifications and requirements to be eligible to participate in the Program.

      4.  Except as otherwise provided in section 26 of this act, the Task Force may approve, from among the applications recommended by each utility, wind energy systems totaling:

      (a) For the program year beginning July 1, 2008:

             (1) 500 kilowatts of capacity for school property;

             (2) 500 kilowatts of capacity for other public property;

             (3) 700 kilowatts of capacity for private residential property and small business property; and

             (4) 700 kilowatts of capacity for agricultural property.

      (b) For the program year beginning July 1, 2009:

             (1) An additional 250 kilowatts of capacity for school property;

             (2) An additional 250 kilowatts of capacity for other public property;

             (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

             (4) An additional 350 kilowatts of capacity for agricultural property.

      (c) For the program year beginning July 1, 2010:

             (1) An additional 250 kilowatts of capacity for school property;

             (2) An additional 250 kilowatts of capacity for other public property;

             (3) An additional 350 kilowatts of capacity for private residential property and small business property; and

             (4) An additional 350 kilowatts of capacity for agricultural property.

      Sec. 26.  1.  Based on the applications submitted by each utility for a program year, the Task Force shall:

 


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ê2007 Statutes of Nevada, Page 3011 (Chapter 510, AB 178)ê

 

      (a) Within the limits of the capacity allocated to each category, select applicants to be participants in the Wind Demonstration Program and place those applicants on a list of participants; and

      (b) Select applicants to be placed on a prioritized waiting list to become participants in the Program if any capacity within a category becomes available.

      2.  Not later than 30 days after the date on which the Task Force selects an applicant to be on the list of participants or the prioritized waiting list, the utility which submitted the application to the Task Force on behalf of the applicant shall provide written notice of the selection to the applicant.

      3.  If the capacity allocated to any category for a program year is not fully subscribed by participants in that category, the Task Force may, in any combination it deems appropriate:

      (a) Allow a utility to submit additional applications from applicants who want to participate in that category; or

      (b) Reallocate any of the unused capacity in that category to any of the other categories.

      4.  At any time after submitting an application to participate in the Program to a utility, an applicant may energize his wind energy system if the wind energy system meets all applicable building codes and all applicable requirements of the utility as approved by the Commission. An applicant who energizes his wind energy system under such circumstances remains eligible to participate in the Program, and the energizing of the wind energy system does not alter the applicant’s status on the list of participants or the prioritized waiting list.

      Sec. 27.  1.  Except as otherwise provided in this section, if the Task Force determines that a participant has not complied with the requirements for participation in the Wind Demonstration Program, the Task Force shall, after notice and an opportunity for a hearing, withdraw the participant from the Program.

      2.  The Task Force may, without notice or an opportunity for a hearing, withdraw from the Program:

      (a) A participant in the category of private residential property and small business property or a participant in the category of agricultural property if the participant does not complete the installation of a wind energy system within 12 months after the date the participant receives written notice of his selection to participate in the Program.

      (b) A participant in the category of school property or a participant in the category of other public property if the participant does not complete the installation of a wind energy system within 30 months after the date the participant receives written notice of his selection to participate in the Program.

      3.  A participant who is withdrawn from the Program pursuant to subsection 2 forfeits any incentives.

      Sec. 28.  1.  After a participant installs a wind energy system included in the Wind Demonstration Program, the Commission shall issue portfolio energy credits for use within the system of portfolio energy credits adopted by the Commission pursuant to NRS 704.7821 equal to the actual or estimated kilowatt-hour production of the wind energy system.

      2.  All portfolio credits issued for a wind energy system installed pursuant to the Wind Demonstration Program must be assigned to and become the property of the utility administering the Program.

 


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ê2007 Statutes of Nevada, Page 3012 (Chapter 510, AB 178)ê

 

      Sec. 29.  If a wind energy system used by a participant in the Wind Demonstration Program meets the requirements of NRS 704.766 to 704.775, inclusive, the participant is entitled to participate in net metering pursuant to the provisions of NRS 704.766 to 704.775, inclusive.

      Sec. 29.5.  The Director of the Office of Energy shall adopt the regulations required by section 1 of this act on or before October 1, 2011.

      Sec. 29.7.  1.  The appointment of the additional members to the Task Force for Renewable Energy and Energy Conservation required by NRS 701.350, as amended by section 1.35 of this act, must be made as soon as practicable on or after passage and approval of this act, except that none of the additional members may begin serving a term sooner than July 1, 2007.

      2.  The initial terms of the additional members appointed pursuant to paragraphs (c) and (d) of subsection 1 of NRS 701.350, as amended by section 1.35 of this act, expire on June 30, 2010.

      3.  The initial term of the additional member appointed pursuant to paragraph (i) of subsection 1 of NRS 701.350, as amended by section 1.35 of this act, expires on June 30, 2009.

      Sec. 30.  1.  This section and sections 1.4 to 4, inclusive, of this act become effective upon passage and approval.

      2.  Sections 1.35 and 29.7 of this act become effective:

      (a) Upon passage and approval for the purposes of appointing additional members to the Task Force for Renewable Energy and Energy Conservation; and

      (b) On July 1, 2007, for all other purposes.

      3.  Sections 1, 1.3 and 4.5 to 29.5, inclusive, of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations and taking such other actions as are necessary to carry out the provisions of this act; and

      (b) On October 1, 2007, for all other purposes.

      4.  Sections 5 to 29, inclusive, of this act expire by limitation on June 30, 2011, except that if a substantially similar Wind Energy Systems Demonstration Program Act is enacted into law and becomes effective on or before October 1, 2007, sections 5 to 29, inclusive, of this act expire by limitation on the date on which the substantially similar Wind Energy Systems Demonstration Program Act becomes effective.

________

 


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ê2007 Statutes of Nevada, Page 3013ê

 

CHAPTER 511, SB 331

Senate Bill No. 331–Senator Coffin (by request)

 

CHAPTER 511

 

AN ACT relating to natural resources; revising provisions concerning the use of certain money in the Solid Waste Management Account; requiring the Division of Environmental Protection of the State Department of Conservation and Natural Resources to encourage the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, the proceeds from: (1) civil penalties for violations of certain laws concerning the management and disposal of solid waste; (2) damages recovered from persons or municipalities that violate those laws; and (3) the $1 recycling fee that is collected on each new tire sold are deposited in the Solid Waste Management Account. (NRS 444.596, 444.598, 444A.090) The money in the Account is then allocated among the State Department of Conservation and Natural Resources and the various solid waste management authorities to be used for solid waste management and public education. (NRS 444.616) Under existing law, the Department is required to transfer a portion of the money it receives to the Division of Environmental Protection of the Department to use for public education concerning the State’s plan for solid waste management. Section 1 of this bill authorizes the Division to use this money to also support other activities that encourage the reduction of solid waste.

      Under existing law, the Division is required to establish, sponsor, assist or otherwise conduct various programs and other activities that encourage the reduction of waste and litter. (NRS 444A.110) The Division conducts some of those activities on its own and others in conjunction with local governments, educational institutions and other state agencies. Section 2 of this bill expands the number of those activities to include encouraging the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste, including encouraging the Nevada System of Higher Education to seek money from public and private sources for that purpose.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 444.616 is hereby amended to read as follows:

      444.616  1.  The State Controller shall allocate and remit, on a quarterly basis, the money in the Solid Waste Management Account as follows:

      (a) To the Department of Taxation, 0.5 percent.

      (b) To the State Department of Conservation and Natural Resources, 44.5 percent.

      (c) To the district board of health of the health district which has the largest population in this State, 30 percent.

      (d) To the district board of health of the health district which has the second largest population in this State, 25 percent.

Ê If more than two health districts are created within this State, the State Department of Conservation and Natural Resources shall transfer to the district boards of health of those additional districts an amount determined by the Department to be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive.

 


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ê2007 Statutes of Nevada, Page 3014 (Chapter 511, SB 331)ê

 

the Department to be necessary to carry out the health district’s duties pursuant to NRS 444.440 to 444.620, inclusive. If less than two health districts are created within this State, the amount otherwise allocated to a health district must be allocated to the State Department of Conservation and Natural Resources.

      2.  The money allocated pursuant to subsection 1 to the State Department of Conservation and Natural Resources and the district boards of health must be used for solid waste management in accordance with NRS 444.440 to 444.620, inclusive.

      3.  The State Department of Conservation and Natural Resources shall transfer to the Division of Environmental Protection of that Department a portion of the money it receives pursuant to this section it deems necessary for use in educating the public concerning the objectives and functioning of the State’s plan for solid waste management and the purposes set forth in NRS 444A.110.

      Sec. 2.  NRS 444A.110 is hereby amended to read as follows:

      444A.110  1.  The Division shall develop a program of public education to provide information, increase public awareness of the individual responsibility of properly disposing of solid waste and encouraging public participation in recycling, reuse and waste reduction. The program must be designed in accordance with the plans to provide for a solid waste management system approved pursuant to NRS 444.510 to communicate the importance of conserving natural resources, in addition to the importance of protecting public health and the environment. The program must include promotion of the private and public efforts to accomplish conservation, recovery and reuse.

      2.  The Division shall encourage the reduction of waste and litter by:

      (a) Providing, upon request, advice to persons regarding techniques to reduce waste and general information on recycling.

      (b) Establishing a computer database to process related information.

      (c) Establishing a toll-free telephone line to assist in the dissemination of information.

      (d) Sponsoring or cosponsoring technical workshops and seminars on waste reduction.

      (e) Assisting local programs for the research and development of plans to reduce waste.

      (f) Coordinating the dissemination of publications on waste reduction, regardless of the source of those publications.

      (g) Assisting in the development and promotion of programs of continuing education for educators and administrators to enable them to teach and encourage methods of waste reduction.

      (h) Developing an emblem to signify and advertise the efforts in Nevada to encourage recycling.

      (i) Recommending to educational institutions courses and curricula relating to recycling and the reduction of waste.

      (j) Assisting state agencies, upon request, to develop and carry out programs for recycling within state buildings.

      (k) Encouraging the Nevada System of Higher Education to research and develop methods for the reduction, reclamation and conversion of solid waste, including, without limitation, encouraging the Nevada System of Higher Education to seek money from public and private sources for that purpose.

 


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ê2007 Statutes of Nevada, Page 3015 (Chapter 511, SB 331)ê

 

      3.  The Division shall coordinate the technical assistance available from the various state agencies. The Administrator of the Division shall prepare and deliver biennial reports to the Governor regarding the progress of the program.

      4.  The Division may award grants to municipalities, educational institutions and nonprofit organizations for projects that enhance solid waste management systems and promote the efficient use of resources. The Division shall consult a solid waste management authority before awarding a grant for a project within the jurisdiction of that solid waste management authority.

      5.  The State Environmental Commission shall adopt regulations governing the administration of grants awarded pursuant to subsection 4.

      6.  As used in this section, unless the context otherwise requires, “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      Sec. 3.  This act becomes effective on July 1, 2007.

________

 

CHAPTER 512, AB 483

Assembly Bill No. 483–Committee on Judiciary

 

CHAPTER 512

 

AN ACT relating to civil actions; increasing the amount of the homestead exemption; providing that certain property of a judgment debtor is exempt from execution; increasing the amount of damages that may be awarded in certain tort actions brought against a governmental entity or its officers or employees; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Existing law provides that, with certain exceptions, in a civil action in which damages were awarded, the prevailing party in the action may obtain a writ of execution to enforce the judgment at any time before the judgment expires. (NRS 21.010) Existing law exempts certain property from such a writ of execution up to a specified monetary value. (NRS 21.090) In addition, existing law protects from a forced sale up to $350,000 in equity of certain property which is designated as a homestead by a person, except in certain circumstances. (NRS 115.005, 115.010)

      Sections 2, 4 and 5 of this bill increase the amount of equity protected in homestead property from $350,000 to $550,000. Section 2 also expands the list of the property of a judgment debtor that is exempt from execution to include: (1) certain personal property not to exceed $1,000 in total value; (2) any tax refund the judgment debtor receives because of the federal earned income credit or any similar credit under a state law; and (3) all money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used as the judgment debtor’s primary residence in certain circumstances. (NRS 21.090) Sections 1 and 3 of this bill add those new exemptions to the list of exemptions provided in certain notices of execution. (NRS 21.075, 31.045) Sections 1 and 3 also revise the contents of a notice of writ of execution and a notice of writ of attachment to reflect the changes in the homestead exemption included in this bill.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3016 (Chapter 512, AB 483)ê

 

      Section 3.3 of this bill increases the limitation on the amount of damages that may be awarded in a tort action brought against a governmental entity or its officers or employees from $50,000 to $75,000. (NRS 41.035) Section 6 provides that this increase becomes effective on October 1, 2007, and expires by limitation on October 1, 2011. Section 3.5 of this bill increases that limitation on the amount of damages to $100,000 effective on October 1, 2011.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 21.075 is hereby amended to read as follows:

      21.075  1.  Execution on the writ of execution by levying on the property of the judgment debtor may occur only if the sheriff serves the judgment debtor with a notice of the writ of execution pursuant to NRS 21.076 and a copy of the writ. The notice must describe the types of property exempt from execution and explain the procedure for claiming those exemptions in the manner required in subsection 2. The clerk of the court shall attach the notice to the writ of execution at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      A court has determined that you owe money to .................... (name of person), the judgment creditor. He has begun the procedure to collect that money by garnishing your wages, bank account and other personal property held by third persons or by taking money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed [$350,000,] $550,000, unless:

 


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ê2007 Statutes of Nevada, Page 3017 (Chapter 512, AB 483)ê

 

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      11.  A vehicle, if your equity in the vehicle is less than $15,000.

      [11.] 12.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      [12.] 13.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      [13.] 14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      [14.] 15.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      [15.] 16.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      [16.] 17.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3018 (Chapter 512, AB 483)ê

 

      [17.] 18.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      [18.] 19.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      [19.] 20.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      [20.] 21.  Payments received as restitution for a criminal act.

      22.  Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.

      23.  A tax refund received from the earned income credit provided by federal law or a similar state law.

Ê These exemptions may not apply in certain cases such as a proceeding to enforce a judgment for support of a person or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt, you must complete and file with the clerk of the court a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless you or the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The motion for the hearing to determine the issue of exemption must be filed within 10 days after the affidavit claiming exemption is filed. The hearing to determine whether the property or money is exempt must be held within 10 days after the motion for the hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

      Sec. 2.  NRS 21.090 is hereby amended to read as follows:

      21.090  1.  The following property is exempt from execution, except as otherwise specifically provided in this section or required by federal law:

 


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ê2007 Statutes of Nevada, Page 3019 (Chapter 512, AB 483)ê

 

      (a) Private libraries, works of art, musical instruments and jewelry not to exceed $5,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor, and all family pictures and keepsakes.

      (b) Necessary household goods, furnishings, electronics, wearing apparel, other personal effects and yard equipment, not to exceed $12,000 in value, belonging to the judgment debtor or a dependent of the judgment debtor, to be selected by the judgment debtor.

      (c) Farm trucks, farm stock, farm tools, farm equipment, supplies and seed not to exceed $4,500 in value, belonging to the judgment debtor to be selected by him.

      (d) Professional libraries, equipment, supplies, and the tools, inventory, instruments and materials used to carry on the trade or business of the judgment debtor for the support of himself and his family not to exceed $10,000 in value.

      (e) The cabin or dwelling of a miner or prospector, his cars, implements and appliances necessary for carrying on any mining operations and his mining claim actually worked by him, not exceeding $4,500 in total value.

      (f) Except as otherwise provided in paragraph [(o),] (p), one vehicle if the judgment debtor’s equity does not exceed $15,000 or the creditor is paid an amount equal to any excess above that equity.

      (g) For any workweek, 75 percent of the disposable earnings of a judgment debtor during that week, or 50 times the minimum hourly wage prescribed by section 6(a)(1) of the federal Fair Labor Standards Act of 1938, 29 U.S.C. § 206(a)(1), and in effect at the time the earnings are payable, whichever is greater. Except as otherwise provided in paragraphs [(n), (r) and (s),] (o), (s) and (t), the exemption provided in this paragraph does not apply in the case of any order of a court of competent jurisdiction for the support of any person, any order of a court of bankruptcy or of any debt due for any state or federal tax. As used in this paragraph:

             (1) “Disposable earnings” means that part of the earnings of a judgment debtor remaining after the deduction from those earnings of any amounts required by law to be withheld.

             (2) “Earnings” means compensation paid or payable for personal services performed by a judgment debtor in the regular course of business, including, without limitation, compensation designated as income, wages, tips, a salary, a commission or a bonus. The term includes compensation received by a judgment debtor that is in the possession of the judgment debtor, compensation held in accounts maintained in a bank or any other financial institution or, in the case of a receivable, compensation that is due the judgment debtor.

      (h) All fire engines, hooks and ladders, with the carts, trucks and carriages, hose, buckets, implements and apparatus thereunto appertaining, and all furniture and uniforms of any fire company or department organized under the laws of this State.

      (i) All arms, uniforms and accouterments required by law to be kept by any person, and also one gun, to be selected by the debtor.

      (j) All courthouses, jails, public offices and buildings, lots, grounds and personal property, the fixtures, furniture, books, papers and appurtenances belonging and pertaining to the courthouse, jail and public offices belonging to any county of this State, all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3020 (Chapter 512, AB 483)ê

 

departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by the town or city to health, ornament or public use, or for the use of any fire or military company organized under the laws of this State and all lots, buildings and other school property owned by a school district and devoted to public school purposes.

      (k) All money, benefits, privileges or immunities accruing or in any manner growing out of any life insurance, if the annual premium paid does not exceed $15,000. If the premium exceeds that amount, a similar exemption exists which bears the same proportion to the money, benefits, privileges and immunities so accruing or growing out of the insurance that the $15,000 bears to the whole annual premium paid.

      (l) The homestead as provided for by law, including a homestead for which allodial title has been established and not relinquished and for which a waiver executed pursuant to NRS 115.010 is not applicable.

      (m) The dwelling of the judgment debtor occupied as a home for himself and family, where the amount of equity held by the judgment debtor in the home does not exceed [$350,000] $550,000 in value and the dwelling is situated upon lands not owned by him.

      (n) All money reasonably deposited with a landlord by the judgment debtor to secure an agreement to rent or lease a dwelling that is used by the judgment debtor as his primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      (o) All property in this State of the judgment debtor where the judgment is in favor of any state for failure to pay that state’s income tax on benefits received from a pension or other retirement plan.

      [(o)] (p) Any vehicle owned by the judgment debtor for use by him or his dependent that is equipped or modified to provide mobility for a person with a permanent disability.

      [(p)] (q) Any prosthesis or equipment prescribed by a physician or dentist for the judgment debtor or a dependent of the debtor.

      [(q)] (r) Money, not to exceed $500,000 in present value, held in:

             (1) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

             (2) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

             (3) A cash or deferred arrangement which is a qualified plan pursuant to the Internal Revenue Code;

             (4) A trust forming part of a stock bonus, pension or profit-sharing plan which is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

             (5) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3021 (Chapter 512, AB 483)ê

 

      [(r)] (s) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      [(s)] (t) All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      [(t)] (u) Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      [(u)] (v) Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      [(v)] (w) Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      [(w)] (x) Payments received as restitution for a criminal act.

      [(x)] (y) Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      (z) Any personal property not otherwise exempt from execution pursuant to this subsection belonging to the judgment debtor, including, without limitation, the judgment debtor’s equity in any property, money, stocks, bonds or other funds on deposit with a financial institution, not to exceed $1,000 in total value, to be selected by the judgment debtor.

      (aa) Any tax refund received by the judgment debtor that is derived from the earned income credit described in section 32 of the Internal Revenue Code, 26 U.S.C. § 32, or a similar credit provided pursuant to a state law.

      2.  Except as otherwise provided in NRS 115.010, no article or species of property mentioned in this section is exempt from execution issued upon a judgment to recover for its price, or upon a judgment of foreclosure of a mortgage or other lien thereon.

      3.  Any exemptions specified in subsection (d) of section 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by subsection 1, as limited by subsection 2.

      Sec. 3.  NRS 31.045 is hereby amended to read as follows:

      31.045  1.  Execution on the writ of attachment by attaching property of the defendant may occur only if:

      (a) The judgment creditor serves the defendant with notice of the execution when the notice of the hearing is served pursuant to NRS 31.013; or

      (b) Pursuant to an ex parte hearing, the sheriff serves upon the judgment debtor notice of the execution and a copy of the writ at the same time and in the same manner as set forth in NRS 21.076.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3022 (Chapter 512, AB 483)ê

 

Ê If the attachment occurs pursuant to an ex parte hearing, the clerk of the court shall attach the notice to the writ of attachment at the time the writ is issued.

      2.  The notice required pursuant to subsection 1 must be substantially in the following form:

 

NOTICE OF EXECUTION

 

YOUR PROPERTY IS BEING ATTACHED OR

YOUR WAGES ARE BEING GARNISHED

 

      Plaintiff, .................... (name of person), alleges that you owe him money. He has begun the procedure to collect that money. To secure satisfaction of judgment the court has ordered the garnishment of your wages, bank account or other personal property held by third persons or the taking of money or other property in your possession.

      Certain benefits and property owned by you may be exempt from execution and may not be taken from you. The following is a partial list of exemptions:

      1.  Payments received pursuant to the federal Social Security Act, including, without limitation, retirement and survivors’ benefits, supplemental security income benefits and disability insurance benefits.

      2.  Payments for benefits or the return of contributions under the Public Employees’ Retirement System.

      3.  Payments for public assistance granted through the Division of Welfare and Supportive Services of the Department of Health and Human Services or a local governmental entity.

      4.  Proceeds from a policy of life insurance.

      5.  Payments of benefits under a program of industrial insurance.

      6.  Payments received as disability, illness or unemployment benefits.

      7.  Payments received as unemployment compensation.

      8.  Veteran’s benefits.

      9.  A homestead in a dwelling or a mobile home, not to exceed [$350,000,] $550,000, unless:

      (a) The judgment is for a medical bill, in which case all of the primary dwelling, including a mobile or manufactured home, may be exempt.

      (b) Allodial title has been established and not relinquished for the dwelling or mobile home, in which case all of the dwelling or mobile home and its appurtenances are exempt, including the land on which they are located, unless a valid waiver executed pursuant to NRS 115.010 is applicable to the judgment.

      10.  All money reasonably deposited with a landlord by you to secure an agreement to rent or lease a dwelling that is used by you as your primary residence, except that such money is not exempt with respect to a landlord or his successor in interest who seeks to enforce the terms of the agreement to rent or lease the dwelling.

      11.  A vehicle, if your equity in the vehicle is less than $15,000.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3023 (Chapter 512, AB 483)ê

 

      [11.] 12.  Seventy-five percent of the take-home pay for any workweek, unless the weekly take-home pay is less than 50 times the federal minimum hourly wage, in which case the entire amount may be exempt.

      [12.] 13.  Money, not to exceed $500,000 in present value, held in:

      (a) An individual retirement arrangement which conforms with the applicable limitations and requirements of section 408 or 408A of the Internal Revenue Code, 26 U.S.C. §§ 408 and 408A;

      (b) A written simplified employee pension plan which conforms with the applicable limitations and requirements of section 408 of the Internal Revenue Code, 26 U.S.C. § 408;

      (c) A cash or deferred arrangement that is a qualified plan pursuant to the Internal Revenue Code;

      (d) A trust forming part of a stock bonus, pension or profit-sharing plan that is a qualified plan pursuant to sections 401 et seq. of the Internal Revenue Code, 26 U.S.C. §§ 401 et seq.; and

      (e) A trust forming part of a qualified tuition program pursuant to chapter 353B of NRS, any applicable regulations adopted pursuant to chapter 353B of NRS and section 529 of the Internal Revenue Code, 26 U.S.C. § 529, unless the money is deposited after the entry of a judgment against the purchaser or account owner or the money will not be used by any beneficiary to attend a college or university.

      [13.] 14.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support, education and maintenance of a child, whether collected by the judgment debtor or the State.

      [14.] 15.  All money and other benefits paid pursuant to the order of a court of competent jurisdiction for the support and maintenance of a former spouse, including the amount of any arrearages in the payment of such support and maintenance to which the former spouse may be entitled.

      [15.] 16.  A vehicle for use by you or your dependent which is specially equipped or modified to provide mobility for a person with a permanent disability.

      [16.] 17.  A prosthesis or any equipment prescribed by a physician or dentist for you or your dependent.

      [17.] 18.  Payments, in an amount not to exceed $16,150, received as compensation for personal injury, not including compensation for pain and suffering or actual pecuniary loss, by the judgment debtor or by a person upon whom the judgment debtor is dependent at the time the payment is received.

      [18.] 19.  Payments received as compensation for the wrongful death of a person upon whom the judgment debtor was dependent at the time of the wrongful death, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

      [19.] 20.  Payments received as compensation for the loss of future earnings of the judgment debtor or of a person upon whom the judgment debtor is dependent at the time the payment is received, to the extent reasonably necessary for the support of the judgment debtor and any dependent of the judgment debtor.

 


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ê2007 Statutes of Nevada, Page 3024 (Chapter 512, AB 483)ê

 

      [20.] 21.  Payments received as restitution for a criminal act.

      22.  Personal property, not to exceed $1,000 in total value, if the property is not otherwise exempt from execution.

      23.  A tax refund received from the earned income credit provided by federal law or a similar state law.

Ê These exemptions may not apply in certain cases such as proceedings to enforce a judgment for support of a child or a judgment of foreclosure on a mechanic’s lien. You should consult an attorney immediately to assist you in determining whether your property or money is exempt from execution. If you cannot afford an attorney, you may be eligible for assistance through .................... (name of organization in county providing legal services to the indigent or elderly persons).

 

PROCEDURE FOR CLAIMING EXEMPT PROPERTY

 

      If you believe that the money or property taken from you is exempt or necessary for the support of you or your family, you must file with the clerk of the court on a form provided by the clerk a notarized affidavit claiming the exemption. A copy of the affidavit must be served upon the sheriff and the judgment creditor within 8 days after the notice of execution is mailed. The property must be returned to you within 5 days after you file the affidavit unless the judgment creditor files a motion for a hearing to determine the issue of exemption. If this happens, a hearing will be held to determine whether the property or money is exempt. The hearing must be held within 10 days after the motion for a hearing is filed.

 

      IF YOU DO NOT FILE THE AFFIDAVIT WITHIN THE TIME SPECIFIED, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE JUDGMENT CREDITOR, EVEN IF THE PROPERTY OR MONEY IS EXEMPT.

 

      If you received this notice with a notice of a hearing for attachment and you believe that the money or property which would be taken from you by a writ of attachment is exempt or necessary for the support of you or your family, you are entitled to describe to the court at the hearing why you believe your property is exempt. You may also file a motion with the court for a discharge of the writ of attachment. You may make that motion any time before trial. A hearing will be held on that motion.

 

      IF YOU DO NOT FILE THE MOTION BEFORE THE TRIAL, YOUR PROPERTY MAY BE SOLD AND THE MONEY GIVEN TO THE PLAINTIFF, EVEN IF THE PROPERTY OR MONEY IS EXEMPT OR NECESSARY FOR THE SUPPORT OF YOU OR YOUR FAMILY.

      Sec. 3.3.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of [$50,000,] $75,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant.

 


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ê2007 Statutes of Nevada, Page 3025 (Chapter 512, AB 483)ê

 

employment may not exceed the sum of [$50,000,] $75,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this State.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

      Sec. 3.5.  NRS 41.035 is hereby amended to read as follows:

      41.035  1.  An award for damages in an action sounding in tort brought under NRS 41.031 or against a present or former officer or employee of the State or any political subdivision, immune contractor or State Legislator arising out of an act or omission within the scope of his public duties or employment may not exceed the sum of [$75,000,] $100,000, exclusive of interest computed from the date of judgment, to or for the benefit of any claimant. An award may not include any amount as exemplary or punitive damages.

      2.  The limitations of subsection 1 upon the amount and nature of damages which may be awarded apply also to any action sounding in tort and arising from any recreational activity or recreational use of land or water which is brought against:

      (a) Any public or quasi-municipal corporation organized under the laws of this State.

      (b) Any person with respect to any land or water leased or otherwise made available by that person to any public agency.

      (c) Any Indian tribe, band or community whether or not a fee is charged for such activity or use. The provisions of this paragraph do not impair or modify any immunity from liability or action existing on February 26, 1968, or arising after February 26, 1968, in favor of any Indian tribe, band or community.

Ê The Legislature declares that the purpose of this subsection is to effectuate the public policy of the State of Nevada by encouraging the recreational use of land, lakes, reservoirs and other water owned or controlled by any public or quasi-municipal agency or corporation of this State, wherever such land or water may be situated.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3026 (Chapter 512, AB 483)ê

 

      Sec. 4.  NRS 115.010 is hereby amended to read as follows:

      115.010  1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed [$350,000] $550,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê by both husband and wife, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

Ê unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.119, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before July 1, [2005,] 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, [2005.] 2007.

      Sec. 5.  NRS 115.050 is hereby amended to read as follows:

      115.050  1.  Whenever execution has been issued against the property of a party claiming the property as a homestead, and the creditor in the judgment makes an oath before the judge of the district court of the county in which the property is situated [,] that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$350,000,] $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property [,] and , if the amount of equity exceeds the sum of [$350,000,] $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3027 (Chapter 512, AB 483)ê

 

which the property is situated [,] that the amount of equity held by the claimant in the property exceeds, to the best of the creditor’s information and belief, the sum of [$350,000,] $550,000, the judge shall, upon notice to the debtor, appoint three disinterested and competent persons as appraisers to estimate and report as to the amount of equity held by the claimant in the property [,] and , if the amount of equity exceeds the sum of [$350,000,] $550,000, determine whether the property can be divided so as to leave the property subject to the homestead exemption without material injury.

      2.  If it appears, upon the report, to the satisfaction of the judge that the property can be thus divided, he shall order the excess to be sold under execution. If it appears that the property cannot be thus divided, and the amount of equity held by the claimant in the property exceeds the exemption allowed by this chapter, he shall order the entire property to be sold, and out of the proceeds the sum of [$350,000] $550,000 to be paid to the defendant in execution, and the excess to be applied to the satisfaction on the execution. No bid under [$350,000] $550,000 may be received by the officer making the sale.

      3.  When the execution is against a husband or wife, the judge may direct the [$350,000] $550,000 to be deposited in court, to be paid out only upon the joint receipt of the husband and wife, and the deposit possesses all the protection against legal process and voluntary disposition by either spouse as did the original homestead.

      Sec. 5.3.  NRS 657.140 is hereby amended to read as follows:

      657.140  1.  Except as otherwise provided in subsection 2, a financial institution shall not include in any loan agreement a provision that allows the financial institution to recover, take, appropriate or otherwise apply as a setoff against any debt or liability owing to the financial institution under the loan agreement money from an account unrelated to the loan agreement to the extent the money is exempt from execution pursuant to paragraph [(x)] (y) of subsection 1 of NRS 21.090.

      2.  The provisions of subsection 1 do not apply to a provision in a loan agreement that specifically authorizes automatic withdrawals from an account.

      3.  The provisions of this section may not be varied by agreement and the rights conferred by this section may not be waived. Any provision included in an agreement that conflicts with this section is void.

      4.  As used in this section:

      (a) “An account unrelated to the loan agreement” includes, without limitation, an account pledged as security under the loan agreement, unless the specific account pledged as security is conspicuously described in the loan agreement.

      (b) “Financial institution” means an institution licensed pursuant to the provisions of this title or title 56 or chapter 645B, 645E or 649 of NRS, or a similar institution chartered or licensed pursuant to federal law.

      Sec. 5.5.  The amendatory provisions of:

      1.  Section 3.3 of this act apply to a cause of action that accrues on or after October 1, 2007, but before October 1, 2011.

      2.  Section 3.5 of this act apply to a cause of action that accrues on or after October 1, 2011.

      Sec. 6.  1.  This section and sections 1, 2, 3, 4, 5, 5.3 and 5.5 of this act become effective on July 1, 2007.

 


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ê2007 Statutes of Nevada, Page 3028 (Chapter 512, AB 483)ê

 

      2.  Section 3.3 of this act becomes effective on October 1, 2007, and expires by limitation on October 1, 2011.

      3.  Section 3.5 of this act becomes effective on October 1, 2011.

________

 

CHAPTER 513, SB 404

Senate Bill No. 404–Senator Washington

 

CHAPTER 513

 

AN ACT relating to education; revising provisions governing homeschooled children; requiring the board of trustees of each school district to post certain information concerning examinations on its Internet website and ensure that homeschooled children have notice of the website; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Under existing law, compulsory attendance in public school is required of children between the ages of 7 and 17 years. (NRS 392.040) Compulsory attendance is excused if satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board of Education. (NRS 392.070) Sections 5 and 7 of this bill excuse compulsory attendance if a child is enrolled in a private school or if a notice of intent to homeschool the child is filed with the superintendent of schools of the school district in which the child resides. Sections 2 and 7 of this bill authorize the board of trustees of a school district or the governing body of a charter school, as applicable, to require a birth certificate or other documentation to prove the identity of the homeschooled child who wishes to participate in certain activities and classes offered by the public schools in this State and requires such proof under certain circumstances.

      Section 5 of this bill sets forth requirements concerning a notice of intent to homeschool and establishes certain rights for a child that is being homeschooled and the parents of that child. Section 5.5 of this bill sets forth requirements concerning notice of intent of a homeschooled child to participate in programs and activities, which must be filed before a homeschooled child may participate in certain classes, activities and programs in a public school or through a school district, or through the Nevada Interscholastic Activities Association.

      Under existing law, the State Board of Education is required to prescribe the courses of study required for promotion to high school. (NRS 392.033) Section 6 of this bill prescribes the information that must be provided by a homeschooled child who wishes to enroll in a public high school to demonstrate competency in those courses of study or successful completion of those courses.

      Section 4 of this bill requires the board of trustees of each school district to maintain on its Internet website pertinent information concerning the examinations available to children in the school district. Section 5 of this bill requires each school district to ensure that homeschooled children who reside in the school district have adequate notice of the availability of the website.

 


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ê2007 Statutes of Nevada, Page 3029 (Chapter 513, SB 404)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.430 is hereby amended to read as follows:

      386.430  1.  The Nevada Interscholastic Activities Association shall adopt rules and regulations in the manner provided for state agencies by chapter 233B of NRS, as may be necessary to carry out the provisions of NRS 386.420 to 386.470, inclusive. The regulations must include provisions governing the eligibility and participation of homeschooled children in interscholastic activities and events. In addition to the regulations governing eligibility, a homeschooled child who wishes to participate must have on file with the school district in which he resides a current notice of intent of a homeschooled child to participate in programs and activities pursuant to section 5.5 of this act.

      2.  If the Nevada Interscholastic Activities Association intends to adopt, repeal or amend a policy, rule or regulation concerning or affecting homeschooled children, the Association shall consult with the Northern Nevada Homeschool Advisory Council and the Southern Nevada Homeschool Advisory Council, or their successor organizations, to provide those Councils with a reasonable opportunity to submit data, opinions or arguments, orally or in writing, concerning the proposal or change. The Association shall consider all written and oral submissions respecting the proposal or change before taking final action.

      Sec. 1.5.  NRS 386.462 is hereby amended to read as follows:

      386.462  1.  A homeschooled child must be allowed to participate in interscholastic activities and events in accordance with the regulations adopted by the Nevada Interscholastic Activities Association pursuant to NRS 386.430 [.] if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to section 5.5 of this act.

      2.  The provisions of NRS 386.420 to 386.470, inclusive, and the regulations adopted pursuant thereto that apply to pupils enrolled in public schools who participate in interscholastic activities and events apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      Sec. 2.  NRS 386.580 is hereby amended to read as follows:

      386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.

 


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ê2007 Statutes of Nevada, Page 3030 (Chapter 513, SB 404)ê

 

are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      2.  Before a charter school enrolls pupils who are eligible for enrollment, a charter school that is dedicated to providing educational programs and opportunities to pupils who are at risk may enroll a child who:

      (a) Is a sibling of a pupil who is currently enrolled in the charter school; or

      (b) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

Ê If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      3.  Except as otherwise provided in subsection 7, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

      (c) Religion;

      (d) Ethnicity; or

      (e) Disability,

Ê of a pupil.

      4.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

 


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ê2007 Statutes of Nevada, Page 3031 (Chapter 513, SB 404)ê

 

homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his school or home school or participate in an extracurricular activity at the charter school if:

      (a) Space for the child in the class or extracurricular activity is available; [and]

      (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity [.] ; and

      (c) The child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to section 5.5 of this act.

Ê If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

      6.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 5 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

      7.  The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      8.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

      (c) Who are at risk.

Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      Sec. 3.  NRS 388.850 is hereby amended to read as follows:

      388.850  1.  A pupil may enroll in a program of distance education only if the pupil satisfies the requirements of any other applicable statute and the pupil:

      (a) Is participating in a program for pupils at risk of dropping out of high school pursuant to NRS 388.537;

      (b) Is participating in a program of independent study pursuant to NRS 389.155;

 


…………………………………………………………………………………………………………………

ê2007 Statutes of Nevada, Page 3032 (Chapter 513, SB 404)ê

 

      (c) Is enrolled in a public school that does not offer certain advanced or specialized courses that the pupil desires to attend;

      (d) Has a physical or mental condition that would otherwise require an excuse from compulsory attendance pursuant to NRS 392.050;

      (e) Would otherwise be excused from compulsory attendance pursuant to NRS 392.080;

      (f) Is otherwise prohibited from attending public school pursuant to NRS 392.264, 392.4642 to 392.4648, inclusive, 392.466, 392.467 or 392.4675;

      (g) Is otherwise permitted to enroll in a program of distance education provided by the board of trustees of a school district if the board of trustees determines that the circumstances warrant enrollment for the pupil; or

      (h) Is otherwise permitted to enroll in a program of distance education provided by the governing body of a charter school if the governing body of the charter school determines that the circumstances warrant enrollment for the pupil.

      2.  In addition to the eligibility for enrollment set forth in subsection 1, a pupil must satisfy the qualifications and conditions for enrollment in a program of distance education adopted by the State Board pursuant to NRS 388.874.

      3.  A child who is exempt from compulsory attendance and [receiving equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070] is enrolled in a private school pursuant to chapter 394 of NRS or is being homeschooled is not eligible to enroll in or otherwise attend a program of distance education, regardless of whether he is otherwise eligible for enrollment pursuant to subsection 1.

      4.  If a pupil who is prohibited from attending public school pursuant to NRS 392.264 enrolls in a program of distance education, the enrollment and attendance of that pupil must comply with all requirements of NRS 62F.100 to 62F.140, inclusive, and 392.251 to 392.271, inclusive.

      5.  If a pupil is eligible for enrollment in a program of distance education pursuant to paragraph (c) of subsection 1, he may enroll in the program of distance education only to take those advanced or specialized courses that are not offered at the public school he otherwise attends.

      Sec. 4.  Chapter 389 of NRS is hereby amended by adding thereto a new section to read as follows:

      The board of trustees of each school district shall maintain on its Internet website, and shall post in a timely manner, all pertinent information concerning the examinations available to children who reside in the school district, including, without limitation, the dates and times of, and contact information concerning, such examinations. The examinations posted must include, without limitation:

      1.  The high school proficiency examination administered pursuant to NRS 389.015; and

      2.  All college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test.

      Sec. 4.5.  Chapter 392 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 5.5 of this act.

      Sec. 5.  1.  If the parent of a child who is subject to compulsory attendance wishes to homeschool the child, the parent must file with the superintendent of schools of the school district in which the child resides a written notice of intent to homeschool the child.

 


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ê2007 Statutes of Nevada, Page 3033 (Chapter 513, SB 404)ê

 

written notice of intent to homeschool the child. The Department shall develop a standard form for the notice of intent to homeschool. The form must not require any information or assurances that are not otherwise required by this section or other specific statute. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents who wish to homeschool their child.

      2.  The notice of intent to homeschool must be filed before beginning to homeschool the child or:

      (a) Not later than 10 days after the child has been formally withdrawn from enrollment in public school; or

      (b) Not later than 30 days after establishing residency in this State.

      3.  The purpose of the notice of intent to homeschool is to inform the school district in which the child resides that the child is exempt from the requirement of compulsory attendance.

      4.  If the name or address of the parent or child as indicated on a notice of intent to homeschool changes, the parent must, not later than 30 days after the change, file a new notice of intent to homeschool with the superintendent of schools of the school district in which the child resides.

      5.  A notice of intent to homeschool must include only the following:

      (a) The full name, age and gender of the child;

      (b) The name and address of each parent filing the notice of intent to homeschool;

      (c) A statement signed and dated by each such parent declaring that the parent has control or charge of the child and the legal right to direct the education of the child, and assumes full responsibility for the education of the child while the child is being homeschooled;

      (d) An educational plan for the child that is prepared pursuant to subsection 12;

      (e) If applicable, the name of the public school in this State which the child most recently attended; and

      (f) An optional statement that the parent may sign which provides:

 

I expressly prohibit the release of any information contained in this document, including, without limitation, directory information as defined in 20 U.S.C. § 1232g(a)(5)(A), without my prior written consent.

 

      6.  Each superintendent of schools of a school district shall accept notice of intent to homeschool that is filed with him pursuant to this section and meets the requirements of subsection 5, and shall not require or request any additional information or assurances from the parent who filed the notice.

      7.  The school district shall provide to a parent who files a notice a written acknowledgment which clearly indicates that the parent has provided notification required by law and that the child is being homeschooled. The written acknowledgment shall be deemed proof of compliance with Nevada’s compulsory school attendance law. The school district shall retain a copy of the written acknowledgment for not less than 15 years. The written acknowledgment may be retained in electronic format.

 


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ê2007 Statutes of Nevada, Page 3034 (Chapter 513, SB 404)ê

 

      8.  The superintendent of schools of a school district shall process a written request for a copy of the records of the school district, or any information contained therein, relating to a child who is being or has been homeschooled not later than 5 days after receiving the request. The superintendent of schools may only release such records or information:

      (a) To a person or entity specified by the parent of the child, or by the child if he is at least 18 years of age, upon suitable proof of identity of the parent or child; or

      (b) If required by specific statute.

      9.  If a child who is or was homeschooled seeks admittance or entrance to any school in this State, the school may use only commonly used practices in determining the academic ability, placement or eligibility of the child. A homeschooled child seeking admittance to public high school must comply with NRS 392.033.

      10.  A school or organization shall not discriminate in any manner against a child who is or was homeschooled.

      11.  Each school district shall allow homeschooled children to participate in the high school proficiency examination administered pursuant to NRS 389.015 and all college entrance examinations offered in this State, including, without limitation, the Scholastic Aptitude Test, the American College Test, the Preliminary Scholastic Aptitude Test and the National Merit Scholarship Qualifying Test. Each school district shall ensure that the homeschooled children who reside in the school district have adequate notice of the availability of information concerning such examinations on the Internet website of the school district maintained pursuant to section 4 of this act.

      12.  The parent of a child who is being homeschooled shall prepare an educational plan of instruction for the child in the subject areas of English, including reading, composition and writing, mathematics, science and social studies, including history, geography, economics and government, as appropriate for the age and level of skill of the child as determined by the parent. The educational plan must be included in the notice of intent to homeschool filed pursuant to this section. If the educational plan contains the requirements of this section, the educational plan must not be used in any manner as a basis for denial of a notice of intent to homeschool that is otherwise complete. The parent must be prepared to present the educational plan of instruction and proof of the identity of the child to a court of law if required by the court. This subsection does not require a parent to ensure that each subject area is taught each year that the child is homeschooled.

      13.  No regulation or policy of the State Board, any school district or any other governmental entity may infringe upon the right of a parent to educate his child based on religious preference unless it is:

      (a) Essential to further a compelling governmental interest; and

      (b) The least restrictive means of furthering that compelling governmental interest.

      14.  As used in this section, “parent” means the parent, custodial parent, legal guardian or other person in this State who has control or charge of a child and the legal right to direct the education of the child.

      Sec. 5.5.  1.  The Department shall develop a standard form for the notice of intent of a homeschooled child to participate in programs and activities. The board of trustees of each school district shall, in a timely manner, make only the form developed by the Department available to parents of homeschooled children.

 


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ê2007 Statutes of Nevada, Page 3035 (Chapter 513, SB 404)ê

 

manner, make only the form developed by the Department available to parents of homeschooled children.

      2.  The notice developed pursuant to subsection 1 must include the information required in the notice of intent to homeschool pursuant to section 5 of this act, excluding the educational plan for the homeschooled child.

      3.  If a homeschooled child wishes to participate in classes, activities, programs, sports or interscholastic activities and events at a public school or through a school district, or through the Nevada Interscholastic Activities Association, the parent of the child must file a current notice of intent to participate with the school district in which the child resides.

      Sec. 6.  NRS 392.033 is hereby amended to read as follows:

      392.033  1.  The State Board shall adopt regulations which prescribe the courses of study required for promotion to high school, which may include the credits to be earned.

      2.  The board of trustees of a school district shall not promote a pupil to high school if the pupil does not complete the course of study or credits required for promotion. The board of trustees of the school district in which the pupil is enrolled may provide programs to complete the courses of study required for promotion to high school.

      3.  The board of trustees of each school district shall adopt a procedure for evaluating the course of study or credits completed by a pupil who transfers to a junior high or middle school from a junior high or middle school in this State or from a school outside of this State.

      4.  A homeschooled child who enrolls in a public high school shall, upon initial enrollment:

      (a) Provide documentation sufficient to prove that the child has successfully completed the courses of study required for promotion to high school through an accredited program of homeschool study recognized by the board of trustees of the school district;

      (b) Demonstrate proficiency in the courses of study required for promotion to high school through an examination prescribed by the board of trustees of the school district; or

      (c) Provide other proof satisfactory to the board of trustees of the school district demonstrating competency in the courses of study required for promotion to high school.

      Sec. 7.  NRS 392.070 is hereby amended to read as follows:

      392.070  1.  Attendance of a child required by the provisions of NRS 392.040 must be excused when [satisfactory written evidence is presented to the board of trustees of the school district in which the child resides that the child is receiving at home or in some other school equivalent instruction of the kind and amount approved by the State Board.] :

      (a) The child is enrolled in a private school pursuant to chapter 394 of NRS; or

      (b) A parent of the child chooses to provide education to the child and files a notice of intent to homeschool the child with the superintendent of schools of the school district in which the child resides in accordance with section 5 of this act.

      2.  The board of trustees of each school district shall provide programs of special education and related services for homeschooled children. The programs of special education and related services required by this section must be made available:

 


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ê2007 Statutes of Nevada, Page 3036 (Chapter 513, SB 404)ê

 

      (a) Only if a child would otherwise be eligible for participation in programs of special education and related services pursuant to NRS 388.440 to 388.520, inclusive;

      (b) In the same manner that the board of trustees provides, as required by 20 U.S.C. § 1412, for the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians; and

      (c) In accordance with the same requirements set forth in 20 U.S.C. § 1412 which relate to the participation of pupils with disabilities who are enrolled in private schools within the school district voluntarily by their parents or legal guardians.

      3.  Except as otherwise provided in subsection 2 for programs of special education and related services, upon the request of a parent or legal guardian of a child who is enrolled in a private school or a parent or legal guardian of a homeschooled child, the board of trustees of the school district in which the child resides shall authorize the child to participate in [a class that is not available to the child at the private school or home school or to participate in an extracurricular activity,] any classes and extracurricular activities, excluding sports, at a public school within the school district if:

      (a) Space for the child in the class or extracurricular activity is available; [and]

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the child is qualified to participate in the class or extracurricular activity [.] ; and

      (c) The child is a homeschooled child, a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to section 5.5 of this act.

Ê If the board of trustees of a school district authorizes a child to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the child to attend the class or activity. A homeschooled child must be allowed to participate in interscholastic activities and events governed by [an association] the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic activities and events, including sports, pursuant to subsection 5.

      4.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class or extracurricular activity at a public school pursuant to subsection 3 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees. If the board of trustees revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      5.  In addition to those interscholastic activities and events governed by [an association] the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, a homeschooled [children] child must be allowed to participate in interscholastic activities and events, including sports [.] , if a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district for the current school year pursuant to section 5.5 of this act. A homeschooled child who participates in interscholastic activities and events at a public school pursuant to this subsection must participate within the school district of the child’s residence through the public school which the child is otherwise zoned to attend.

 


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ê2007 Statutes of Nevada, Page 3037 (Chapter 513, SB 404)ê

 

of the child’s residence through the public school which the child is otherwise zoned to attend. Any rules or regulations that apply to pupils enrolled in public schools who participate in interscholastic activities and events, including sports, apply in the same manner to homeschooled children who participate in interscholastic activities and events, including, without limitation, provisions governing:

      (a) Eligibility and qualifications for participation;

      (b) Fees for participation;

      (c) Insurance;

      (d) Transportation;

      (e) Requirements of physical examination;

      (f) Responsibilities of participants;

      (g) Schedules of events;

      (h) Safety and welfare of participants;

      (i) Eligibility for awards, trophies and medals;

      (j) Conduct of behavior and performance of participants; and

      (k) Disciplinary procedures.

      6.  If a homeschooled child participates in interscholastic activities and events pursuant to subsection 5:

      (a) No challenge may be brought by [an association,] the Association, a school district, a public school or a private school, a parent or guardian of a pupil enrolled in a public school or a private school, a pupil enrolled in a public school or a private school, or any other entity or person claiming that an interscholastic activity or event is invalid because the homeschooled child is allowed to participate.

      (b) Neither the school district nor a public school may prescribe any regulations, rules, policies, procedures or requirements governing the eligibility or participation of the homeschooled child that are more restrictive than the provisions governing the eligibility and participation of pupils enrolled in public schools.

      7.  The programs of special education and related services required by subsection 2 may be offered at a public school or another location that is appropriate.

      8.  The board of trustees of a school district:

      (a) May, before providing programs of special education and related services to a homeschooled child pursuant to subsection 2, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      (b) May, before authorizing a homeschooled child to participate in a class or extracurricular activity, excluding sports, pursuant to subsection 3, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      (c) Shall, before allowing a homeschooled child to participate in interscholastic activities and events governed by the Nevada Interscholastic Activities Association pursuant to NRS 386.420 to 386.470, inclusive, and interscholastic activities and events pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

 


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ê2007 Statutes of Nevada, Page 3038 (Chapter 513, SB 404)ê

 

      9.  The Department [may] shall adopt such regulations as are necessary for the boards of trustees of school districts to provide the programs of special education and related services required by subsection 2.

      [9.] 10.  As used in this section, “related services” has the meaning ascribed to it in 20 U.S.C. § [1401(22).] 1401.

      Sec. 8.  NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although he may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) [Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although he may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) [Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.

Ê The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of his suspension or expulsion, the pupil must:

      (a) [Receive equivalent instruction authorized by the State Board pursuant to subsection 1 of NRS 392.070;] Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to paragraph (b) of subsection 3 of NRS 389.155 or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if he qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.

 


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ê2007 Statutes of Nevada, Page 3039 (Chapter 513, SB 404)ê

 

qualifies for enrollment and is accepted for enrollment in accordance with the applicable requirements.

      4.  This section does not prohibit a pupil from having in his possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      5.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      6.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      7.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      8.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if he is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to his suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 9.  The regulations adopted by the State Board of Education which are codified as NAC 392.011 to 392.065, inclusive, are hereby declared void. In preparing the supplements to the Nevada Administrative Code on or after July 1, 2007, the Legislative Counsel shall remove those regulations.

      Sec. 10.  This act becomes effective on July 1, 2007.

________

 


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ê2007 Statutes of Nevada, Page 3040ê

 

CHAPTER 514, AB 385

Assembly Bill No. 385–Assemblyman Mabey

 

CHAPTER 514

 

AN ACT relating to the practice of medicine; authorizing the Board of Medical Examiners to issue restricted licenses; regulating the performance of laser surgery, intense pulsed light therapy and the injection of chemotherapeutic agents; increasing certain penalties; revising the scope of practice authorized for a physician practicing under a special volunteer medical license; making physicians subject to discipline for incurring or failing to report any disciplinary action in another jurisdiction or failing to obtain the informed consent of a patient to any procedure or therapy; providing peer reviewers and employees and volunteers working in a diversion program of the Board with limited civil immunity; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Sections 1 and 16 of this bill extend to physician assistants certain duties and immunities applicable to other providers of health care. (NRS 41.505, 629.031)

      Section 3 of this bill authorizes the Board of Medical Examiners to issue restricted licenses to graduates of foreign medical schools who wish to engage in research, teaching or the practice of clinical medicine at a medical research facility or medical school in this State.

      Sections 4 and 15.5 of this bill provide that laser surgery or intense pulsed light therapy on the globe of the eye may be performed only by a licensed physician or osteopathic physician who has completed a residency program in ophthalmology.

      Section 5 of this bill prohibits a person, other than a physician, from injecting a patient with any chemotherapeutic agent classified as a prescription drug unless the person is a licensed or certified health care worker, acting within the scope of his license or certificate and under the supervision of a physician. Section 5 also defines the term “prescription drug” as a controlled substance or dangerous drug that may only be dispensed pursuant to a lawful prescription as well as any other substance or drug that can be substituted for such a controlled substance or drug.

      Sections 8 and 9 of this bill increase the penalties for physicians who fail to provide written notice to the Board of changes in their status and location. (NRS 630.254, 630.255)

      Section 10 of this bill expands the scope of practice authorized for a physician practicing under a special volunteer medical license to include the treatment of persons who are uninsured or unable to afford health care in addition to the treatment of persons who are indigent.

      Sections 13 and 14 of this bill expand the acts for which the Board may initiate discipline or deny licensure to include: (1) any disciplinary action taken against a physician by another jurisdiction; (2) failing to report the disciplinary action; and (3) failing to obtain the informed consent of a patient before performing any procedure or prescribing any therapy. (NRS 630.301, 630.306)

      Section 15 of this bill extends the Board’s limited immunity from civil liability to the Board’s peer reviewers and persons working in diversion programs. (NRS 630.364)

 


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ê2007 Statutes of Nevada, Page 3041 (Chapter 514, AB 385)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by specific statute:

      1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.

      Sec. 2.  Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 3, 4 and 5 of this act.

      Sec. 3.  1.  Except as otherwise provided in NRS 630.161, the Board may issue a restricted license to a person who:

      (a) Is a graduate of a foreign medical school;

      (b) Teaches, researches or practices medicine outside of the United States;

      (c) Is a recognized medical expert; and

      (d) Intends to teach, research or practice clinical medicine at a medical research facility or medical school in this State.

      2.  A person who applies for a restricted license pursuant to this section is not required to take or pass a written examination concerning his qualifications to practice medicine, but the person must satisfy the requirements for a restricted license set forth in regulations adopted by the Board.

      3.  A person who holds a restricted license pursuant to this section may practice medicine in this State only in accordance with the terms and restrictions established by the Board.

      Sec. 4.  Laser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.

      Sec. 5.  1.  A person, other than a physician, shall not inject a patient with any chemotherapeutic agent classified as a prescription drug unless:

      (a) The person is licensed or certified to perform medical services pursuant to this title;

      (b) The administration of the injection is within the scope of the person’s license or certificate; and

      (c) The person administers the injection under the supervision of a physician. The Board shall prescribe the requirements for supervision pursuant to this subsection.

      2.  As used in this section:

      (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

      (b) “Prescription drug” means:

 


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ê2007 Statutes of Nevada, Page 3042 (Chapter 514, AB 385)ê

 

             (1) A controlled substance or dangerous drug that may be dispensed to an ultimate user only pursuant to a lawful prescription; and

             (2) Any other substance or drug substituted for such a controlled substance or dangerous drug.

      Sec. 6.  NRS 630.025 is hereby amended to read as follows:

      630.025  “Supervising physician” means an active physician licensed and in good standing in the State of Nevada who [employs and] supervises a physician assistant.

      Sec. 7.  NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing him to practice.

      2.  Except as otherwise provided in NRS 630.1605, 630.161 and 630.258 to 630.265, inclusive, and section 3 of this act, a license may be issued to any person who:

      (a) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (b) Has received the degree of doctor of medicine from a medical school:

            (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain [such] the certification for the duration of his licensure, or has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (d) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family practice and who agrees to maintain certification in at least one of these specialties for the duration of his licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

                   (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education or the Coordinating Council of Medical Education of the Canadian Medical Association; or

                   (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education; or

             (2) Has completed at least 36 months of postgraduate education, not less than 24 months of [such postgraduate education must be] which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

 


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ê2007 Statutes of Nevada, Page 3043 (Chapter 514, AB 385)ê

 

have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; and

      (e) Passes a written or oral examination, or both, as to his qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (b).

      Sec. 8.  NRS 630.254 is hereby amended to read as follows:

      630.254  1.  Each licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. A licensee who changes his permanent mailing address shall notify the Board in writing of his new permanent mailing address within 30 days after the change. If a licensee fails to notify the Board in writing of a change in his permanent mailing address within 30 days after the change, the Board:

      (a) Shall impose upon the licensee a fine not to exceed [$100;] $250; and

      (b) May initiate disciplinary action against the licensee as provided pursuant to subsection 9 of NRS 630.306.

      2.  Any licensee who changes the location of his office in this State shall notify the Board in writing of the change before practicing at the new location.

      3.  Any licensee who closes his office in this State shall:

      (a) Notify the Board in writing of this occurrence within 14 days after the closure; and

      (b) For a period of 5 years thereafter keep the Board apprised in writing of the location of the medical records of his patients.

      Sec. 9.  NRS 630.255 is hereby amended to read as follows:

      630.255  1.  Any licensee who changes the location of his practice of medicine from this State to another state or country, has never engaged in the practice of medicine in this State after licensure or has ceased to engage in the practice of medicine in this State for 12 consecutive months may be placed on inactive status by order of the Board.

      2.  Each inactive registrant shall maintain a permanent mailing address with the Board to which all communications from the Board to the registrant must be sent. An inactive registrant who changes his permanent mailing address shall notify the Board in writing of his new permanent mailing address within 30 days after the change. If an inactive registrant fails to notify the Board in writing of a change in his permanent mailing address within 30 days after the change, the Board shall impose upon the registrant a fine not to exceed [$100.] $250.

      3.  Before resuming the practice of medicine in this State, the inactive registrant must:

      (a) Notify the Board of his intent to resume the practice of medicine in this State;

      (b) File an affidavit with the Board describing his activities during the period of his inactive status;

      (c) Complete the form for registration for active status;

      (d) Pay the applicable fee for biennial registration; and

      (e) Satisfy the Board of his competence to practice medicine.

      4.  If the Board determines that the conduct or competence of the registrant during the period of inactive status would have warranted denial of an application for a license to practice medicine in this State, the Board may refuse to place the registrant on active status.

 


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ê2007 Statutes of Nevada, Page 3044 (Chapter 514, AB 385)ê

 

      Sec. 10.  NRS 630.258 is hereby amended to read as follows:

      630.258  1.  A physician who is retired from active practice and who wishes to donate his expertise for the medical care and treatment of [indigent] persons in this State who are indigent, uninsured or unable to afford health care may obtain a special volunteer medical license by submitting an application to the Board pursuant to this section.

      2.  An application for a special volunteer medical license must be on a form provided by the Board and must include:

      (a) Documentation of the history of medical practice of the physician;

      (b) Proof that the physician previously has been issued an unrestricted license to practice medicine in any state of the United States and that he has never been the subject of disciplinary action by a medical board in any jurisdiction;

      (c) Proof that the physician satisfies the requirements for licensure set forth in NRS 630.160 or the requirements for licensure by endorsement set forth in NRS 630.1605;

      (d) Acknowledgment that the practice of the physician under the special volunteer medical license will be exclusively devoted to providing medical care to [indigent] persons in this State [;] who are indigent, uninsured or unable to afford health care; and

      (e) Acknowledgment that the physician will not receive any payment or compensation, either direct or indirect, or have the expectation of any payment or compensation, for providing medical care under the special volunteer medical license, except for payment by a medical facility at which the physician provides volunteer medical services of the expenses of the physician for necessary travel, continuing education, malpractice insurance or fees of the State Board of Pharmacy.

      3.  If the Board finds that the application of a physician satisfies the requirements of subsection 2 and that the retired physician is competent to practice medicine, the Board shall issue a special volunteer medical license to the physician.

      4.  The initial special volunteer medical license issued pursuant to this section expires 1 year after the date of issuance. The license may be renewed pursuant to this section, and any license that is renewed expires 2 years after the date of issuance.

      5.  The Board shall not charge a fee for:

      (a) The review of an application for a special volunteer medical license; or

      (b) The issuance or renewal of a special volunteer medical license pursuant to this section.

      6.  A physician who is issued a special volunteer medical license pursuant to this section and who accepts the privilege of practicing medicine in this State pursuant to the provisions of the special volunteer medical license is subject to all the provisions governing disciplinary action set forth in this chapter.

      7.  A physician who is issued a special volunteer medical license pursuant to this section shall comply with the requirements for continuing education adopted by the Board.

      Sec. 11.  NRS 630.265 is hereby amended to read as follows:

      630.265  1.  Except as otherwise provided in NRS 630.161, the Board may issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:

 


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ê2007 Statutes of Nevada, Page 3045 (Chapter 514, AB 385)ê

 

resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if he is:

      (a) A graduate of an accredited medical school in the United States or Canada; or

      (b) A graduate of a foreign medical school and has received the standard certificate of the Educational Commission for Foreign Medical Graduates or a written statement from that Commission that he passed the examination given by it.

      2.  The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program and is a citizen of the United States or lawfully entitled to remain and work in the United States. [Such a] A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

      3.  The Board may issue [such] a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.

      4.  The holder of a limited license may practice medicine only in connection with his duties as a resident physician or under such conditions as are approved by the director of the program . [and the Board.]

      5.  The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      Sec. 12.  (Deleted by amendment.)

      Sec. 13.  NRS 630.301 is hereby amended to read as follows:

      630.301  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Conviction of a felony relating to the practice of medicine or the ability to practice medicine. A plea of nolo contendere is a conviction for the purposes of this subsection.

      2.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310, or 616D.350 to 616D.440, inclusive.

      3.  [The] Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of [the] a license to practice any type of medicine , taken by another state, the Federal Government, a foreign country or any other jurisdiction or the surrender of the license or discontinuing the practice of medicine while under investigation by any licensing authority, a medical facility, a branch of the Armed Services of the United States, an insurance company, an agency of the Federal Government or an employer.

      4.  Malpractice, which may be evidenced by claims settled against a practitioner, but only if [such] the malpractice is established by a preponderance of the evidence.

      5.  The engaging by a practitioner in any sexual activity with a patient who is currently being treated by the practitioner.

      6.  Disruptive behavior with physicians, hospital personnel, patients, members of the families of patients or any other persons if the behavior interferes with patient care or has an adverse impact on the quality of care rendered to a patient.

 


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ê2007 Statutes of Nevada, Page 3046 (Chapter 514, AB 385)ê

 

      7.  The engaging in conduct that violates the trust of a patient and exploits the relationship between the physician and the patient for financial or other personal gain.

      8.  The failure to offer appropriate procedures or studies, to protest inappropriate denials by organizations for managed care, to provide necessary services or to refer a patient to an appropriate provider, when [such a] the failure occurs with the intent of positively influencing the financial well-being of the practitioner or an insurer.

      9.  The engaging in conduct that brings the medical profession into disrepute, including, without limitation, conduct that violates any provision of a code of ethics adopted by the Board by regulation based on a national code of ethics.

      10.  The engaging in sexual contact with the surrogate of a patient or other key persons related to a patient, including, without limitation, a spouse, parent or legal guardian, which exploits the relationship between the physician and the patient in a sexual manner.

      11.  Conviction of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any felony involving the use of a firearm or other deadly weapon;

      (c) Assault with intent to kill or to commit sexual assault or mayhem;

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (e) Abuse or neglect of a child or contributory delinquency;

      (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS; or

      (g) Any offense involving moral turpitude.

      Sec. 14.  NRS 630.306 is hereby amended to read as follows:

      630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

      (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

      (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or to others except as authorized by law.

      4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he is not competent to perform.

      6.  Performing, without first obtaining the informed consent of the patient or his family, any procedure or prescribing any therapy which by the current standards of the practice of medicine [are] is experimental.

 


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ê2007 Statutes of Nevada, Page 3047 (Chapter 514, AB 385)ê

 

      7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      8.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      9.  Failing to comply with the requirements of NRS 630.254.

      10.  Habitual intoxication from alcohol or dependency on controlled substances.

      11.  Failure by a licensee or applicant to report [,] in writing, within 30 days, any disciplinary action taken against him by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of his license to practice medicine in another jurisdiction.

      12.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      Sec. 15.  NRS 630.364 is hereby amended to read as follows:

      630.364  1.  Any person or organization who furnishes information concerning an applicant for a license or a licensee in good faith and without malicious intent in accordance with the provisions of this chapter is immune from any civil action for furnishing that information.

      2.  The Board and any of its members and its staff, counsel, investigators, experts, peer reviewers, committees, panels, hearing officers , [and] consultants and the employees or volunteers of a diversion program are immune from any civil liability for:

      (a) Any decision or action taken in good faith and without malicious intent in response to information acquired by the Board.

      (b) Disseminating information concerning an applicant for a license or a licensee to other boards or agencies of the State, the Attorney General, any hospitals, medical societies, insurers, employers, patients and their families or any law enforcement agency.

      3.  As used in this section, “diversion program” means a program approved by the Board to correct a licensee’s alcohol or drug dependence or any other impairment.

      Sec. 15.5.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      Laser surgery or intense pulsed light therapy on the globe of the eye of a patient may be performed only by a licensed osteopathic physician who has completed a program of progressive postgraduate education in ophthalmology as a resident in the United States or Canada in a program approved by the Bureau of Osteopathic Education of the American Osteopathic Association, the Accreditation Council for Graduate Medical Education or the Council on Medical Education of the Canadian Medical Association.

      Sec. 16.  NRS 41.505 is hereby amended to read as follows:

      41.505  1.  Any physician , physician assistant or registered nurse who in good faith gives instruction or provides supervision to an emergency medical attendant , physician assistant or registered nurse, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in giving that instruction or providing that supervision. An emergency medical attendant, physician assistant, registered nurse or licensed practical nurse who obeys an instruction given by a physician, physician assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

 


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ê2007 Statutes of Nevada, Page 3048 (Chapter 514, AB 385)ê

 

instruction given by a physician, physician assistant, registered nurse or licensed practical nurse and thereby renders emergency care, at the scene of an emergency or while transporting an ill or injured person from the scene of an emergency, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, in rendering that emergency care.

      2.  Except as otherwise provided in subsection 3, any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state, who renders emergency care or assistance in an emergency, gratuitously and in good faith, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person. This section does not excuse a physician , physician assistant or nurse from liability for damages resulting from his acts or omissions which occur in a licensed medical facility relative to any person with whom there is a preexisting relationship as a patient.

      3.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who renders emergency obstetrical care or assistance to a pregnant woman during labor or the delivery of the child is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if:

      (a) The care or assistance is rendered in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct;

      (b) The person has not previously provided prenatal or obstetrical care to the woman; and

      (c) The damages are reasonably related to or primarily caused by a lack of prenatal care received by the woman.

Ê A licensed medical facility in which [such] the care or assistance is rendered is not liable for any civil damages as a result of any act or omission by the person in rendering that care or assistance if that person is not liable for any civil damages pursuant to this subsection and the actions of the medical facility relating to the rendering of that care or assistance do not amount to gross negligence or reckless, willful or wanton conduct.

      4.  Any person licensed under the provisions of chapter 630, 632 or 633 of NRS and any person who holds an equivalent license issued by another state who:

      (a) Is retired or otherwise does not practice on a full-time basis; and

      (b) Gratuitously and in good faith, renders medical care within the scope of his license to an indigent person,

Ê is not liable for any civil damages as a result of any act or omission by him, not amounting to gross negligence or reckless, willful or wanton conduct, in rendering that care.

      5.  Any person licensed to practice medicine under the provisions of chapter 630 or 633 of NRS or licensed to practice dentistry under the provisions of chapter 631 of NRS who renders care or assistance to a patient for a governmental entity or a nonprofit organization is not liable for any civil damages as a result of any act or omission by him in rendering that care or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

 


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ê2007 Statutes of Nevada, Page 3049 (Chapter 514, AB 385)ê

 

or assistance if the care or assistance is rendered gratuitously, in good faith and in a manner not amounting to gross negligence or reckless, willful or wanton conduct.

      6.  As used in this section:

      (a) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, intermediate emergency medical technician or advanced emergency medical technician pursuant to chapter 450B of NRS.

      (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

      Sec. 17.  (Deleted by amendment.)

________

 

CHAPTER 515, AB 424

Assembly Bill No. 424– Assemblymen Leslie, Gerhardt and Arberry

 

Joint Sponsors: Senators Heck, Carlton and Horsford

 

CHAPTER 515

 

AN ACT relating to professions; providing for the licensing and regulation of clinical professional counselors, clinical professional counselor interns, marriage and family therapist interns, and clinical alcohol and drug abuse counselors; revising the name and expanding the membership of the Board of Examiners for Marriage and Family Therapists; providing a privilege against the disclosure of certain confidential communications between a clinical professional counselor and his client and certain other persons; requiring reimbursement for services provided by a licensed clinical professional counselor or licensed clinical alcohol and drug abuse counselor under certain policies of health insurance; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 14, 2007]

 

Legislative Counsel’s Digest:

      Sections 6 and 7 of this bill provide definitions for the terms “clinical professional counselor” and “practice of clinical professional counseling.” Sections 8 and 99.5 of this bill establish the requirements for a license to practice as a clinical professional counselor. Sections 8.2-9 of this bill set forth requirements governing clinical professional counselor interns. Sections 10-14, 18-21 and 23.5-32 of this bill include marriage and family therapist interns, clinical professional counselors and clinical professional counselor interns under the regulation of the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors. Section 14.5 of this bill revises the definition of “practice of marriage and family therapy.” Sections 9.2-9.9 of this bill set forth requirements governing marriage and family therapist interns. Sections 15 and 15.5 of this bill increase the number of members of the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors. Sections 16 and 16.5 of this bill require that the additional members of the Board be licensed clinical professional counselors. Section 29 of this bill prohibits a person from engaging in the practice of clinical professional counseling without a license. Section 35 of this bill provides a definition of “clinical practice of counseling alcohol and drug abusers.” Section 36 of this bill establishes the requirements for the issuance of a license as a clinical alcohol and drug abuse counselor. Section 37 of this bill establishes the requirements for certification as a clinical alcohol and drug abuse counselor intern.

 


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ê2007 Statutes of Nevada, Page 3050 (Chapter 515, AB 424)ê

 

clinical alcohol and drug abuse counselor intern. Section 38 of this bill establishes the scope of practice of a clinical alcohol and drug abuse counselor and the duration of his license. Section 54 of this bill clarifies the scope of practice of an alcohol and drug abuse counselor. Sections 63-66 of this bill provide a privilege against the disclosure of certain confidential communications between a clinical professional counselor and his client and certain other persons. Sections 2, 71, 76, 77 and 86 of this bill include a clinical professional counselor in the definition of the term “provider of health care.” Sections 72, 73 and 78 of this bill require a clinical professional counselor and a clinical alcohol and drug abuse counselor to report to certain governmental agencies, including law enforcement agencies, cases of known or suspected abuse or neglect of an older person, vulnerable person or a child. Sections 79, 81 and 83 of this bill include a clinical professional counselor in the definition of the term “person professionally qualified in the field of psychiatric mental health.” Sections 92-99 of this bill require reimbursement for services provided by a licensed clinical professional counselor or clinical alcohol and drug abuse counselor under certain policies of health insurance.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 622A.120 is hereby amended to read as follows:

      622A.120  1.  The following regulatory bodies are exempted from the provisions of this chapter:

      (a) State Contractors’ Board.

      (b) State Board of Professional Engineers and Land Surveyors.

      (c) Nevada State Board of Accountancy.

      (d) Board of Medical Examiners.

      (e) Board of Dental Examiners of Nevada.

      (f) State Board of Nursing.

      (g) Chiropractic Physicians’ Board of Nevada.

      (h) Nevada State Board of Optometry.

      (i) State Board of Pharmacy.

      (j) Board of Examiners for Marriage and Family Therapists [.] and Clinical Professional Counselors.

      (k) Real Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.

      (l) Commission of Appraisers of Real Estate.

      (m) Commissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.

      (n) Commissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.

      (o) State Board of Health and Health Division of the Department of Health and Human Services.

      2.  Any regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.

      Sec. 2.  NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by specific statute:

      1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor, athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

 


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athletic trainer, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061 and 629.065, the term includes a facility that maintains the health care records of patients.

      Sec. 3.  NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who maintains or is employed by an agency to provide nursing in the home.

      (f) Any employee of the Department of Health and Human Services.

      (g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (j) Any social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 4.  NRS 641.029 is hereby amended to read as follows:

      641.029  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A person who is licensed to practice dentistry in this State;

 


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ê2007 Statutes of Nevada, Page 3052 (Chapter 515, AB 424)ê

 

      3.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      4.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed to engage in social work pursuant to chapter 641B of NRS;

      [5.] 6.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      [6.] 7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern, a clinical alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern , pursuant to chapter 641C of NRS; or

      [7.] 8.  Any clergyman,

Ê if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.

      Sec. 5.  Chapter 641A of NRS is hereby amended by adding thereto the provisions set forth as sections 5.5 to 9.9, inclusive, of this act.

      Sec. 5.5.  “Approved supervisor” means a licensed marriage and family therapist or licensed clinical professional counselor who is approved by the Board to supervise a person who is acquiring the supervised experience in marriage and family therapy or clinical professional counseling, as appropriate, that is required for licensure as a marriage and family therapist or clinical professional counselor pursuant to this chapter.

      Sec. 6.  “Clinical professional counselor” means a person who describes himself or his services to the public by any title or description which incorporates the term “clinical professional counselor” and under such a title offers to provide or provides services to any person.

      Sec. 7.  “Practice of clinical professional counseling” means the provision of treatment, assessment and counseling, or equivalent activities, to a person or group of persons to achieve mental, emotional, physical and social development and adjustment. The term includes counseling interventions to prevent, diagnose and treat mental, emotional or behavioral disorders and associated distresses which interfere with mental health. The term does not include:

      1.  The practice of psychology or medicine;

      2.  The assessment or treatment of couples or families;

      3.  The prescription of drugs or electroconvulsive therapy;

      4.  The treatment of physical disease, injury or deformity;

      5.  The diagnosis or treatment of a psychotic disorder;

      6.  The use of projective techniques in the assessment of personality;

      7.  The use of psychological, neuropsychological or clinical tests designed to identify or classify abnormal or pathological human behavior;

      8.  The use of individually administered intelligence tests, academic achievement tests or neuropsychological tests; or

      9.  The use of psychotherapy to treat the concomitants of organic illness except in consultation with a qualified physician or licensed clinical psychologist.

      Sec. 8.  Each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that he:

 


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ê2007 Statutes of Nevada, Page 3053 (Chapter 515, AB 424)ê

 

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has:

      (a) Completed his residency training in psychiatry from an accredited institution approved by the Board;

      (b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or

      (c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

      5.  Has:

      (a) At least 2 years of postgraduate experience in professional counseling;

      (b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:

             (1) At least 1,500 hours of direct contact with clients; and

             (2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and

      (c) Either:

             (1) Passed the National Counselor Examination for Licensure and Certification which is administered by the National Board for Certified Counselors and provided evidence satisfactory to the Board of at least 3 years of work experience in mental health counseling; or

             (2) Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.

      Sec. 8.2.  1.  A person who wishes to obtain the supervised experience that is required for licensure as a clinical professional counselor pursuant to this chapter must obtain a license as a clinical professional counselor intern before beginning his supervised experience.

      2.  An applicant for a license as a clinical professional counselor intern must furnish evidence satisfactory to the Board that he:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      (d) Possesses a graduate degree in counseling from an accredited college or university approved by the Board which required the completion of a practicum or internship; and

      (e) Has entered into a supervision agreement with an approved supervisor.

      Sec. 8.4.  A license as a clinical professional counselor intern:

      1.  Is valid for 3 years and may be renewed not more than once; and

      2.  Expires upon:

      (a) The termination of the supervision agreement with an approved supervisor;

      (b) A change in the approved supervisor; or

 


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ê2007 Statutes of Nevada, Page 3054 (Chapter 515, AB 424)ê

 

      (c) The issuance of a license as a clinical professional counselor to the holder of the license as a clinical professional counselor intern.

      Sec. 8.6.  The holder of a license as a clinical professional counselor intern:

      1.  May engage in the practice of clinical professional counseling only for the purposes of obtaining the supervised experience required by subsection 5 of section 8 of this act for a license to practice as a clinical professional counselor; and

      2.  Shall not engage in the practice of clinical professional counseling independently.

      Sec. 8.8.  1.  The holder of a license as a clinical professional counselor intern shall, before providing any counseling or other therapeutic service to a client:

      (a) Inform the client that he holds a license as a clinical professional counselor intern and is practicing under the supervision of an approved supervisor; and

      (b) Provide to the client the name of his approved supervisor.

      2.  A violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.

      Sec. 9.  1.  The holder of a license as a clinical professional counselor intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.

      2.  Each party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.

      Sec. 9.2.  1.  A person who wishes to obtain the supervised experience that is required for licensure as a marriage and family therapist pursuant to this chapter must obtain a license as a marriage and family therapist intern before beginning his supervised experience.

      2.  An applicant for a license as a marriage and family therapist intern must furnish evidence satisfactory to the Board that he:

      (a) Is at least 21 years of age;

      (b) Is of good moral character;

      (c) Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      (d) Possesses a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board; and

      (e) Has entered into a supervision agreement with an approved supervisor.

      Sec. 9.4.  A license as a marriage and family therapist intern:

      1.  Is valid for 3 years and may be renewed not more than once; and

      2.  Expires upon:

      (a) The termination of the supervision agreement with an approved supervisor;

      (b) A change in the approved supervisor; or

      (c) The issuance of a license as a marriage and family therapist to the holder of the license as a marriage and family therapist intern.

      Sec. 9.6.  The holder of a license as a marriage and family therapist intern:

 


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ê2007 Statutes of Nevada, Page 3055 (Chapter 515, AB 424)ê

 

      1.  May engage in the practice of marriage and family therapy only for the purposes of obtaining the supervised experience required by subsection 5 of NRS 641A.220 for a license to practice as a marriage and family therapist; and

      2.  Shall not engage in the practice of marriage and family therapy independently.

      Sec. 9.8.  1.  The holder of a license as a marriage and family therapist intern shall, before providing any counseling or other therapeutic service to a client:

      (a) Inform the client that he holds a license as a marriage and family therapist intern and is practicing under the supervision of an approved supervisor; and

      (b) Provide to the client the name of his approved supervisor.

      2.  A violation of subsection 1 constitutes a ground for initiating disciplinary action or denying licensure.

      Sec. 9.9.  1.  The holder of a license as a marriage and family therapist intern who makes a change in a supervision agreement or enters into a new supervision agreement shall notify the Board within 30 days after the date of the change or new agreement.

      2.  Each party to a supervision agreement shall, upon its termination, notify the Board in writing not more than 5 days after the date of termination.

      Sec. 10.  NRS 641A.010 is hereby amended to read as follows:

      641A.010  The practice of marriage and family therapy [is] and the practice of clinical professional counseling are hereby declared [a learned profession,] to be learned professions profoundly affecting public safety and welfare and charged with the public interest, and therefore subject to protection and regulation by the State.

      Sec. 11.  NRS 641A.020 is hereby amended to read as follows:

      641A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641A.030 to 641A.080, inclusive, and sections 5.5, 6 and 7 of this act have the meanings [assigned] ascribed to them in [such] those sections.

      Sec. 12.  NRS 641A.030 is hereby amended to read as follows:

      641A.030  “Board” means the Board of Examiners for Marriage and Family Therapists [.] and Clinical Professional Counselors.

      Sec. 13.  NRS 641A.040 is hereby amended to read as follows:

      641A.040  “License” means a license issued by the Board pursuant to this chapter to practice as a marriage and family therapist [.] , a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern.

      Sec. 14.  NRS 641A.050 is hereby amended to read as follows:

      641A.050  “Licensee” means a person licensed as a marriage and family therapist , a marriage and family therapist intern, a clinical professional counselor or a clinical professional counselor intern by the Board.

      Sec. 14.5.  NRS 641A.080 is hereby amended to read as follows:

      641A.080  1.  “Practice of marriage and family therapy” means the [application of established principles of learning, motivation, perception, thinking, emotional, marital and sexual relationships and adjustments by persons trained in psychology, social work, psychiatry or marriage and family therapy. The application of these principles includes:

 


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ê2007 Statutes of Nevada, Page 3056 (Chapter 515, AB 424)ê

 

      (a) Diagnosis, therapy, treatment, counseling and the use of psychotherapeutic measures with persons or groups with adjustment problems in the areas of marriage, family or personal relationships.

      (b) Conducting research concerning problems related to marital relationships and human behavior.

      (c) Consultation with other persons engaged in the practice of marriage and family therapy if the consultation is determined by the Board to include the application of any of these principles.] diagnosis and treatment of mental and emotional disorders, whether cognitive, affective or behavioral, within the context of interpersonal relationships, including, without limitation, marital and family systems, and involves the professional application or use of psychotherapy, counseling, evaluation, assessment instruments, consultation, treatment planning, supervision, research and prevention of mental and emotional disorders. The term includes, without limitation, the rendering of professional marital and family therapy services to a person, couple, family or family group or other group of persons.

      2.  The term does not include:

      (a) The diagnosis or treatment of a psychotic disorder; or

      (b) The use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude, interests or addictions.

      Sec. 15.  NRS 641A.090 is hereby amended to read as follows:

      641A.090  The Board of Examiners for Marriage and Family Therapists [,] and Clinical Professional Counselors, consisting of [six] eight members appointed by the Governor, is hereby created.

      Sec. 15.5.  NRS 641A.090 is hereby amended to read as follows:

      641A.090  The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, consisting of [eight] nine members appointed by the Governor, is hereby created.

      Sec. 16.  NRS 641A.100 is hereby amended to read as follows:

      641A.100  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; [and]

      (b) Two members who are licensed clinical professional counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and

      (c) Two members who are representatives of the general public. These members must not be:

             (1) A marriage and family therapist; [or]

             (2) A clinical professional counselor; or

             (3) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist [.] or clinical professional counselor.

      2.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      3.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.

 


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      Sec. 16.5.  NRS 641A.100 is hereby amended to read as follows:

      641A.100  1.  The Governor shall appoint to the Board:

      (a) Four members who are licensed marriage and family therapists and are in good standing with or acceptable for membership in their local or state societies and associations when they exist;

      (b) [Two] Three members who are licensed clinical professional counselors and are in good standing with or acceptable for membership in their local or state societies and associations when they exist; and

      (c) Two members who are representatives of the general public. These members must not be:

             (1) A marriage and family therapist;

             (2) A clinical professional counselor; or

             (3) The spouse or the parent or child, by blood, marriage or adoption, of a marriage and family therapist or clinical professional counselor.

      2.  The members who are representatives of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      3.  The Governor may, after notice and hearing, remove any member of the Board for misconduct in office, incompetence, neglect of duty or other sufficient cause.

      Sec. 17.  NRS 641A.130 is hereby amended to read as follows:

      641A.130  The Board shall meet at least once every 6 months at a time and place fixed by the Board. The Board shall hold a special meeting upon a call of the President or upon a request by a majority of the members. [Three] Five members of the Board constitute a quorum.

      Sec. 18.  NRS 641A.160 is hereby amended to read as follows:

      641A.160  The Board shall adopt regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensing of applicants, the granting, refusal, revocation or suspension of licenses , and the practice of marriage and family therapy and the practice of clinical professional counseling as [it applies] those practices apply to this chapter.

      Sec. 19.  NRS 641A.180 is hereby amended to read as follows:

      641A.180  The Board shall:

      1.  Adopt regulations specifying the criteria for courses of study that are sufficient for the purposes of licensing; and

      2.  Determine which schools in and out of this State have courses of study for the preparation of marriage and family therapy and clinical professional counseling which are sufficient for the purposes of licensing. Published lists of educational institutions accredited by recognized accrediting organizations may be used in the evaluation of [such] those courses of study.

      Sec. 20.  NRS 641A.215 is hereby amended to read as follows:

      641A.215  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license [as a marriage and family therapist] shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license [as a marriage and family therapist] shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

 


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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 Board 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 license; or

      (b) A separate form prescribed by the Board.

      3.  A license [as a marriage and family therapist] may not be issued or renewed by the Board 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 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 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 Board 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. 21.  NRS 641A.215 is hereby amended to read as follows:

      641A.215  1.  In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license [as a marriage and family therapist] shall submit to the Board 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 Board 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 license; or

      (b) A separate form prescribed by the Board.

      3.  A license [as a marriage and family therapist] may not be issued or renewed by the Board 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 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 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 Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

 


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ê2007 Statutes of Nevada, Page 3059 (Chapter 515, AB 424)ê

 

      Sec. 22.  NRS 641A.220 is hereby amended to read as follows:

      641A.220  Each applicant for a license to practice as a marriage and family therapist must furnish evidence satisfactory to the Board that he:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has completed his residency training in psychiatry from an accredited institution approved by the Board, has a graduate degree in marriage and family therapy, psychology or social work from an accredited institution approved by the Board or has completed other education and training which is deemed equivalent by the Board;

      5.  Has [at least 1 year] :

      (a) At least 2 years of postgraduate experience in marriage and family therapy [deemed satisfactory to the Board;] ; and

      (b) At least 3,000 hours of supervised experience in marriage and family therapy, of which at least 1,500 hours must consist of direct contact with clients; and

      6.  Holds an undergraduate degree from an accredited institution approved by the Board.

      Sec. 23.  NRS 641A.230 is hereby amended to read as follows:

      641A.230  1.  Except as otherwise provided in subsection 2, each qualified applicant for a license to practice as a marriage and family therapist must [be given] pass a written examination given by the Board on his knowledge of marriage and family therapy. Examinations must be given at a time and place and under such supervision as the Board may determine. [A grade of 70 percent is a passing grade.]

      2.  The Board shall accept receipt of a passing grade by a qualified applicant on the national examination sponsored by the [American] Association [for Marriage] of Marital and Family Therapy Regulatory Boards in lieu of requiring a written examination pursuant to subsection 1.

      3.  In addition to the requirements of subsections 1 and 2, the Board may require an oral examination. The Board may examine applicants in whatever applied or theoretical fields it deems appropriate.

      Sec. 23.5.  NRS 641A.235 is hereby amended to read as follows:

      641A.235  1.  The Board shall issue a license to an applicant who meets the requirements imposed pursuant to this chapter.

      2.  [A] Except as otherwise provided in sections 8.4 and 9.4 of this act, a license expires on January 1 of each year.

      3.  The Board may prorate the fee for a license which expires less than 6 months after the date of issuance.

      Sec. 24.  NRS 641A.265 is hereby amended to read as follows:

      641A.265  The Board may waive all or part of the requirement of continuing education in a particular year if the marriage and family therapist or clinical professional counselor was prevented from fulfilling the requirement [by] because of circumstances beyond his control.

      Sec. 25.  NRS 641A.285 is hereby amended to read as follows:

      641A.285  1.  Upon written request to the Board and payment of the fee prescribed by the Board, a licensee in good standing may have his name and license transferred to an inactive list for a period not to exceed 3 continuous years. A licensee shall not practice marriage and family therapy or clinical professional counseling during the time his license is inactive. If an inactive licensee desires to resume the practice of marriage and family therapy [,] or clinical professional counseling, the Board must reactivate the license upon the:

 


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ê2007 Statutes of Nevada, Page 3060 (Chapter 515, AB 424)ê

 

an inactive licensee desires to resume the practice of marriage and family therapy [,] or clinical professional counseling, the Board must reactivate the license upon the:

      (a) Completion of an application for reactivation;

      (b) Payment of the fee for renewal of the license; and

      (c) Demonstration, if deemed necessary by the Board, that the licensee is then qualified and competent to practice.

Ê Except as otherwise provided in subsection 2, the licensee is not required to pay the delinquency fee or the renewal fee for any year while the license was inactive.

      2.  Any license that remains inactive for a period which exceeds 3 continuous years is deemed:

      (a) To effect a revocation for the purposes of NRS 641A.270.

      (b) To have lapsed at the beginning of that period for the purposes of NRS 641A.280.

      3.  The Board may adopt such regulations as it deems necessary to carry out the provisions of this section, including without limitation, regulations governing the renewal of inactive licenses and any requirement of continuing education for inactive licensees.

      Sec. 26.  NRS 641A.310 is hereby amended to read as follows:

      641A.310  The Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:

      1.  Conviction of a felony relating to the practice of marriage and family therapy or clinical professional counseling or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

      2.  Habitual drunkenness or addiction to the use of a controlled substance.

      3.  Impersonating a licensed marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern or allowing another person to use his license.

      4.  Using fraud or deception in applying for a license or in passing the examination provided for in this chapter.

      5.  Rendering or offering to render services outside the area of his training, experience or competence.

      6.  Committing unethical practices contrary to the interest of the public as determined by the Board.

      7.  Unprofessional conduct as determined by the Board.

      8.  Negligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.

      Sec. 27.  NRS 641A.313 is hereby amended to read as follows:

      641A.313  1.  If the Board 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 license , [as a marriage and family therapist,] the Board shall deem the license 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 Board receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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      2.  The Board shall reinstate a license [as a marriage and family therapist] that has been suspended by a district court pursuant to NRS 425.540 if the Board 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. 28.  NRS 641A.315 is hereby amended to read as follows:

      641A.315  1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern has raised a reasonable question as to his competence to practice therapy or clinical professional counseling with reasonable skill and safety, it may order the marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to undergo:

      (a) A mental or physical examination administered by an appropriately licensed provider of health care;

      (b) An examination testing his competence to practice therapy [;] or clinical professional counseling; or

      (c) Any other examination designated by the Board,

Ê to assist the Board or committee in determining the fitness of the marriage and family therapist or marriage and family therapist intern to practice therapy [.] or the clinical professional counselor or clinical professional counselor intern to practice clinical professional counseling.

      2.  For the purposes of this section:

      (a) Every marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern who applies for a license or who is licensed pursuant to this chapter is deemed to have given his consent to submit to any examination ordered pursuant to subsection 1 when ordered to do so in writing by the Board.

      (b) The testimony and reports of the examining provider of health care are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern licensed pursuant to this chapter to submit to an examination when ordered to do so as provided in this section constitutes an admission of the charges against him.

      4.  The Board may require the marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern to pay the cost of the examination.

      Sec. 29.  NRS 641A.410 is hereby amended to read as follows:

      641A.410  1.  It is unlawful for any person to engage in the practice of marriage and family therapy or the practice of clinical professional counseling unless he is licensed under the provisions of this chapter.

      2.  The provisions of this chapter do not:

      (a) Prevent any licensed physician, licensed nurse, licensed psychologist, certified alcohol or drug abuse counselor or other person licensed or certified by the State from carrying out the functions permitted by his respective license or certification if the person does not hold himself out to the public by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.

 


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by any title and description of service likely to cause confusion with the titles and descriptions of service set forth in this chapter.

      (b) Apply to any activity or service of a student who is obtaining a professional education as recognized by the Board if the activity or service constitutes a part of the student’s supervised course of study, the activities are supervised by a licensee under this chapter and the student is designated by the title “intern in marriage and family therapy” or any other title which clearly indicates his status as a student.

      (c) Apply to any activity or service of an intern while he is obtaining the experience required for licensing as a marriage and family therapist [.] or a clinical professional counselor.

      (d) Apply to a licensed or ordained minister in good standing with his denomination whose duty is primarily to serve his congregation and whose practice of marriage and family therapy or clinical professional counseling is incidental to his other duties if he does not hold himself out to the public by any title or description of service that is likely to cause confusion with the titles and descriptions or services set forth in this chapter.

      Sec. 30.  NRS 641A.430 is hereby amended to read as follows:

      641A.430  It is unlawful for any person, other than a person licensed under this chapter, to employ or use the term “marriage and family counselor,” “marriage and family therapist,” “marriage and family therapist intern,” “marital adviser,” “marital therapist,” [or] “marital consultant,” “clinical professional counselor,” “clinical professional counselor intern” or any similar title in connection with his work, or in any way imply that he is licensed by the Board, unless he is licensed under this chapter.

      Sec. 31.  NRS 641A.440 is hereby amended to read as follows:

      641A.440  Any person who violates any of the provisions of this chapter or, having had his license suspended or revoked, continues to represent himself as a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern shall be punished by imprisonment in the county jail for not more than 1 year or by a fine of not more than $5,000, or by both fine and imprisonment. Each violation is a separate offense.

      Sec. 32.  NRS 641A.450 is hereby amended to read as follows:

      641A.450  A violation of this chapter by a person unlawfully representing himself as a marriage and family therapist , marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern may be enjoined by a district court on petition by the Board. In any such proceeding it is not necessary to show that any person is individually injured. If the respondent is found guilty of misrepresenting himself as a marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern, the court shall enjoin him from making such a representation until he has been licensed. Procedure in [such] those cases is the same as in any other application for an injunction. The remedy by injunction is in addition to criminal prosecution and punishment.

      Sec. 33.  NRS 641B.040 is hereby amended to read as follows:

      641B.040  The provisions of this chapter do not apply to:

      1.  A physician who is licensed to practice in this State;

      2.  A nurse who is licensed to practice in this State;

      3.  A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

 


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ê2007 Statutes of Nevada, Page 3063 (Chapter 515, AB 424)ê

 

      4.  A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

      5.  A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

      6.  A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;

      [6.] 7.  A person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor , or certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern , pursuant to chapter 641C of NRS;

      [7.] 8.  Any clergyman;

      [8.] 9.  A county welfare director;

      [9.] 10.  Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or

      [10.] 11.  A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates his training status.

      Sec. 34.  Chapter 641C of NRS is hereby amended by adding thereto the provisions set forth as sections 35 to 38, inclusive, of this act.

      Sec. 35.  1.  “Clinical practice of counseling alcohol and drug abusers” means:

      (a) The application of counseling to reduce or eliminate the habitual use of alcohol or other drugs, other than any maintenance dosage of a narcotic or habit-forming drug administered pursuant to chapter 453 of NRS; and

      (b) The identification, evaluation and diagnosis of and treatment for a mental illness when a mentally ill person is also an alcoholic or abuser of drugs.

      2.  The term does not include:

      (a) The diagnosis or treatment of a psychotic disorder; or

      (b) The use of a psychological or psychometric assessment test to determine intelligence, personality, aptitude and interests.

      Sec. 36.  1.  The Board shall issue a license as a clinical alcohol and drug abuse counselor to:

      (a) A person who:

             (1) Is not less than 21 years of age;

             (2) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

             (3) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;

             (4) Has completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers;

 


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ê2007 Statutes of Nevada, Page 3064 (Chapter 515, AB 424)ê

 

             (5) Has completed a program that:

                   (I) Is approved by the Board; and

                   (II) Consists of at least 2,000 hours of postgraduate counseling of persons who are mentally ill and who are alcohol and drug abusers that is supervised by a person professionally qualified in the field of psychiatric mental health and who is approved by the Board;

             (6) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

             (7) Pays the fees required pursuant to NRS 641C.470; and

             (8) Submits all information required to complete an application for a license.

      (b) A person who:

             (1) Is not less than 21 years of age;

             (2) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

             (3) Is:

                   (I) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

                   (II) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or

                   (III) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             (4) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;

             (5) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

             (6) Pays the fees required pursuant to NRS 641C.470; and

             (7) Submits all the information required to complete an application for a license.

      2.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      Sec. 37.  1.  The Board shall issue a certificate as a clinical alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Pays the fees required pursuant to NRS 641C.470;

      (d) Submits proof to the Board that he has received a master’s degree or doctoral degree in a field of social science approved by the Board that includes comprehensive coursework in clinical mental health, including the diagnosis of mental health disorders; and

      (e) Submits all the information required to complete an application for a certificate.

      2.  A certificate as a clinical alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified clinical alcohol and drug abuse counselor intern may, under the supervision of a licensed clinical alcohol and drug abuse counselor:

 


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ê2007 Statutes of Nevada, Page 3065 (Chapter 515, AB 424)ê

 

      (a) Engage in the clinical practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 38.  1.  A license as a clinical alcohol and drug abuse counselor is valid for 1 year and may be renewed.

      2.  A licensed clinical alcohol and drug abuse counselor may:

      (a) Engage in the clinical practice of counseling alcohol and drug abusers;

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs; and

      (c) Supervise certified interns.

      Sec. 39.  NRS 641C.010 is hereby amended to read as follows:

      641C.010  The practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers are hereby declared to be learned professions affecting public health, safety and welfare and are subject to regulation to protect the public from the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers and the practice of counseling problem gamblers by unqualified persons and from unprofessional conduct by persons who are licensed or certified to engage in the practice of counseling alcohol and drug abusers , licensed or certified to engage in the clinical practice of counseling alcohol and drug abusers or certified to engage in the practice of counseling problem gamblers.

      Sec. 40.  NRS 641C.020 is hereby amended to read as follows:

      641C.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 641C.030 to 641C.110, inclusive, and section 35 of this act, have the meanings ascribed to them in those sections.

      Sec. 41.  NRS 641C.040 is hereby amended to read as follows:

      641C.040  “Certificate” means a certificate issued to a person who is certified as an alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern.

      Sec. 42.  NRS 641C.060 is hereby amended to read as follows:

      641C.060  “Certified intern” means a person who is certified as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern pursuant to the provisions of this chapter.

      Sec. 43.  NRS 641C.080 is hereby amended to read as follows:

      641C.080  “License” means a license issued to a person who is licensed as an alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor pursuant to the provisions of this chapter.

      Sec. 44.  NRS 641C.090 is hereby amended to read as follows:

      641C.090  “Licensed counselor” means a person who is licensed as an alcohol and drug abuse counselor or a clinical alcohol and drug abuse counselor pursuant to the provisions of this chapter.

      Sec. 45.  (Deleted by amendment.)

      Sec. 46.  NRS 641C.130 is hereby amended to read as follows:

      641C.130  The provisions of this chapter do not apply to:

      1.  A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS;

 


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ê2007 Statutes of Nevada, Page 3066 (Chapter 515, AB 424)ê

 

      2.  A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;

      3.  A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS;

      4.  A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS;

      5.  A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers; or

      [5.] 6.  A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers.

      Sec. 47.  NRS 641C.150 is hereby amended to read as follows:

      641C.150  1.  The Board of Examiners for Alcohol, Drug and Gambling Counselors, consisting of seven members appointed by the Governor, is hereby created.

      2.  The Board must consist of:

      (a) Three members who are licensed as clinical alcohol and drug abuse counselors or alcohol and drug abuse counselors pursuant to the provisions of this chapter.

      (b) One member who is certified as an alcohol and drug abuse counselor pursuant to the provisions of this chapter.

      (c) Two members who are licensed pursuant to chapter 630, 632, 641, 641A or 641B of NRS and certified as problem gambling counselors pursuant to the provisions of this chapter.

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

             (1) A licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or problem gambling counselor; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a licensed clinical alcohol and drug abuse counselor or a licensed or certified alcohol and drug abuse counselor or problem gambling counselor.

      3.  A person may not be appointed to the Board unless he is:

      (a) A citizen of the United States or is lawfully entitled to remain and work in the United States; and

      (b) A resident of this State.

      4.  No member of the Board may be held liable in a civil action for any act that he performs in good faith in the execution of his duties pursuant to the provisions of this chapter.

      Sec. 48.  NRS 641C.220 is hereby amended to read as follows:

      641C.220  The Board may enter into an interlocal agreement with an Indian tribe to provide to members of the tribe training in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors [.]

 


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ê2007 Statutes of Nevada, Page 3067 (Chapter 515, AB 424)ê

 

alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors [.] and licenses as clinical alcohol and drug abuse counselors.

      Sec. 49.  NRS 641C.290 is hereby amended to read as follows:

      641C.290  1.  Each applicant for a license as a clinical alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the clinical practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      2.  Each applicant for a license or certificate as an alcohol and drug abuse counselor must pass a written and oral examination concerning his knowledge of the practice of counseling alcohol and drug abusers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      [2.] 3.  Each applicant for a certificate as a problem gambling counselor must pass a written examination concerning his knowledge of the practice of counseling problem gamblers, the applicable provisions of this chapter and any applicable regulations adopted by the Board pursuant to the provisions of this chapter.

      [3.] 4.  The Board shall:

      (a) Examine applicants at least two times each year.

      (b) Establish the time and place for the examinations.

      (c) Provide such books and forms as may be necessary to conduct the examinations.

      (d) Establish, by regulation, the requirements for passing the examination.

      [4.] 5.  The Board may employ other persons to conduct the examinations.

      Sec. 50.  NRS 641C.300 is hereby amended to read as follows:

      641C.300  The Board shall issue a license or certificate without examination to a person who holds a license or certificate as [an] a clinical alcohol and drug abuse counselor or an alcohol and drug abuse counselor in another state, a territory or possession of the United States or the District of Columbia if the requirements of that jurisdiction at the time the license or certificate was issued are deemed by the Board to be substantially equivalent to the requirements set forth in the provisions of this chapter.

      Sec. 51.  NRS 641C.310 is hereby amended to read as follows:

      641C.310  1.  The Board may hold hearings and conduct investigations concerning any matter related to an application for a license or certificate. In the hearings and investigations, the Board may require the presentation of evidence.

      2.  The Board may refuse to issue a license or certificate to an applicant if the Board determines that the applicant:

      (a) Is not of good moral character as it relates to the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;

      (b) Has submitted a false credential to the Board;

      (c) Has been disciplined in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;

 


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ê2007 Statutes of Nevada, Page 3068 (Chapter 515, AB 424)ê

 

      (d) Has committed an act in another state, a possession or territory of the United States or the District of Columbia in connection with the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers that would be a violation of the provisions of this chapter if the act were committed in this State; or

      (e) Has failed to comply with any of the requirements for a license or certificate.

      Sec. 52.  NRS 641C.320 is hereby amended to read as follows:

      641C.320  1.  The Board may issue [a] :

      (a) A provisional license as a clinical alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license as a clinical alcohol and drug abuse counselor and is otherwise eligible for that license pursuant to section 36 of this act; or

      (b) A provisional license or certificate as an alcohol and drug abuse counselor to a person who has applied to the Board to take the examination for a license or certificate as an alcohol and drug abuse counselor and is otherwise eligible for that license or certificate pursuant to NRS 641C.350 or 641C.390.

      2.  A provisional license or certificate is valid for not more than 1 year and may not be renewed.

      Sec. 53.  NRS 641C.350 is hereby amended to read as follows:

      641C.350  The Board shall issue a license as an alcohol and drug abuse counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a license.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is:

             (1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

             (2) Licensed as a clinical professional counselor pursuant to chapter 641A of NRS;

             (3) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; [or

             (3)] (4) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university; or

 


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ê2007 Statutes of Nevada, Page 3069 (Chapter 515, AB 424)ê

 

             (5) Licensed as a clinical alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;

      (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

      (f) Pays the fees required pursuant to NRS 641C.470; and

      (g) Submits all information required to complete an application for a license.

      Sec. 54.  NRS 641C.360 is hereby amended to read as follows:

      641C.360  1.  A license as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.

      2.  A licensed alcohol and drug abuse counselor may:

      (a) Engage in the practice of counseling alcohol and drug abusers;

      (b) Diagnose or classify a person as an alcoholic or abuser of drugs; and

      (c) Supervise certified alcohol and drug abuse counselor interns.

      3.  A licensed alcohol and drug abuse counselor may not identify, evaluate, diagnose or treat a mental illness when a mentally ill person is also an alcoholic or abuser of drugs.

      Sec. 55.  NRS 641C.420 is hereby amended to read as follows:

      641C.420  1.  The Board shall issue a certificate as an alcohol and drug abuse counselor intern to a person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Has a high school diploma or a general equivalency diploma;

      (d) Pays the fees required pursuant to NRS 641C.470;

      (e) Submits proof to the Board that he:

             (1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or

             (2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and

      (f) Submits all information required to complete an application for a certificate.

      2.  A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.

      3.  A certified alcohol and drug abuse counselor intern may, under the supervision of a licensed alcohol and drug abuse counselor [:] or licensed clinical alcohol and drug abuse counselor:

      (a) Engage in the practice of counseling alcohol and drug abusers; and

      (b) Diagnose or classify a person as an alcoholic or drug abuser.

      Sec. 56.  NRS 641C.430 is hereby amended to read as follows:

      641C.430  The Board may issue a certificate as a problem gambling counselor to:

      1.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

 


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      (c) Has received a bachelor’s degree, master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 2,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Presents himself when scheduled for an interview at a meeting of the Board;

      (h) Pays the fees required pursuant to NRS 641C.470; and

      (i) Submits all information required to complete an application for a certificate.

      2.  A person who:

      (a) Is not less than 21 years of age;

      (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

      (c) Is licensed as:

             (1) A clinical social worker pursuant to chapter 641B of NRS;

             (2) A clinical professional counselor pursuant to chapter 641A of NRS;

             (3) A marriage and family therapist pursuant to chapter 641A of NRS;

             [(3)] (4) A physician pursuant to chapter 630 of NRS;

             [(4)] (5) A nurse pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             [(5)] (6) A psychologist pursuant to chapter 641 of NRS; [or

             (6)] (7) An alcohol and drug abuse counselor pursuant to this chapter; or

             (8) A clinical alcohol and drug abuse counselor pursuant to this chapter;

      (d) Has completed not less than 60 hours of training specific to problem gambling approved by the Board;

      (e) Has completed at least 1,000 hours of supervised counseling of problem gamblers in a setting approved by the Board;

      (f) Passes the written examination prescribed by the Board pursuant to NRS 641C.290;

      (g) Pays the fees required pursuant to NRS 641C.470; and

      (h) Submits all information required to complete an application for a certificate.

      Sec. 57.  NRS 641C.470 is hereby amended to read as follows:

      641C.470  1.  The Board shall charge and collect not more than the following fees:

 

For the initial application for a license or certificate.............................................................................................. $150

For the issuance of a provisional license or certificate..................................................................... 125

For the issuance of an initial license or certificate............................................................................... 60

For the renewal of a license or certificate as an alcohol and drug abuse counselor , a license as a clinical alcohol and drug abuse counselor or a certificate as a problem gambling counselor.............................................................................................................................................................. 300

 


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For the renewal of a certificate as a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor intern or a problem gambling counselor intern............... $75

For the renewal of a delinquent license or certificate.......................................................................... 75

For the restoration of an expired license or certificate...................................................................... 150

For the restoration or reinstatement of a suspended or revoked license or certificate................ 300

For the issuance of a license or certificate without examination.................................................... 150

For an examination................................................................................................................................. 150

For the approval of a course of continuing education..................................................................... 150

 

      2.  The fees charged and collected pursuant to this section are not refundable.

      Sec. 58.  NRS 641C.700 is hereby amended to read as follows:

      641C.700  The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:

      1.  Conviction of:

      (a) A felony relating to the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;

      (b) An offense involving moral turpitude; or

      (c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;

      2.  Fraud or deception in:

      (a) Applying for a license or certificate;

      (b) Taking an examination for a license or certificate;

      (c) Documenting the continuing education required to renew or reinstate a license or certificate;

      (d) Submitting a claim for payment to an insurer; or

      (e) The practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;

      3.  Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;

      4.  Professional incompetence;

      5.  The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;

      6.  Engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; and

      7.  Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board.

      Sec. 59.  NRS 641C.720 is hereby amended to read as follows:

      641C.720  1.  The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

 


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      2.  If, after notice and a hearing as required by law, the Board determines that a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:

      (a) Administer a public reprimand;

      (b) Suspend his license or certificate and impose conditions for the removal of the suspension;

      (c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;

      (d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers [;] or the clinical practice of counseling alcohol and drug abusers;

      (e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;

      (f) Require him to pay restitution to any person adversely affected by his acts or omissions;

      (g) Impose a fine of not more than $5,000; or

      (h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.

      3.  If his license or certificate is revoked or suspended pursuant to subsection 2, the licensed or certified counselor or certified intern may apply to the Board for reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of his revoked license or certificate. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.

      4.  The Board shall not administer a private reprimand.

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

      Sec. 60.  NRS 641C.900 is hereby amended to read as follows:

      641C.900  1.  Except as otherwise provided in subsection 2, a person shall not engage in the practice of counseling alcohol and drug abusers , the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers unless he is a licensed counselor, certified counselor or certified intern.

      2.  A person may engage in the practice of counseling alcohol and drug abusers under the supervision of a licensed counselor , the clinical practice of counseling alcohol and drug abusers under the supervision of a clinical alcohol and drug abuse counselor or the practice of counseling problem gamblers under the supervision of a certified counselor for not more than 30 days if that person:

      (a) Is qualified to be licensed or certified pursuant to the provisions of this chapter; and

      (b) Submits an application to the Board for a license or certificate pursuant to the provisions of this chapter.

      Sec. 61.  NRS 641C.910 is hereby amended to read as follows:

      641C.910  1.  A person shall not:

      (a) Hold himself out to a member of the general public as a clinical alcohol and drug abuse counselor, a clinical alcohol and drug abuse counselor intern, an alcohol and drug abuse counselor, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern;

 


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counselor intern, an alcohol and drug abuse counselor, an alcohol and drug abuse counselor intern, a problem gambling counselor or a problem gambling counselor intern;

      (b) Use the title “clinical alcohol and drug abuse counselor,” “clinical alcohol and drug abuse counselor intern,” “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse counselor,” “problem gambling counselor,” “problem gambling counselor intern,” “gambling counselor,” “detoxification technician” or any similar title in connection with his work; or

      (c) Imply in any way that he is licensed or certified by the Board,

Ê unless he is licensed or certified by the Board pursuant to the provisions of this chapter or a regulation adopted pursuant to NRS 641C.500.

      2.  If the Board believes that any person has violated or is about to violate any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin the person from engaging in or continuing the violation. An injunction:

      (a) May be issued without proof of actual damage sustained by any person.

      (b) Does not prevent the criminal prosecution and punishment of a person who violates a provision of this chapter or a regulation adopted pursuant thereto.

      Sec. 61.5.  NRS 643.177 is hereby amended to read as follows:

      643.177  1.  Any person who owns, manages, operates or controls any barber school, or part thereof:

      [1.] (a) Shall:

      [(a)] (1) Display a sign that may be easily seen upon entering the barber school on which is printed in bold letters “Work Performed Exclusively by Students”;

      [(b)] (2) Have at least:

             [(1)] (I) One instructor on the premises of the barber school at all times if the active enrollment of the school is 10 students or less;

             [(2)] (II) One additional instructor on the premises of the barber school for each 10 students enrolled in the school in excess of 10 students; and

             [(3)] (III) [Two] Except as otherwise provided in subsection 2, have at least two instructors available to provide instruction at all times;

      [(c)] (3) Not allow a student to provide barbering services to members of the general public for more than 7 hours in a day or for more than 5 days in any 7-day period;

      [(d)] (4) Not advertise that the barber school will charge for barbering services provided to members of the general public by students unless those barbering services are specifically advertised as services provided by students; and

      [(e)] (5) Comply with all other provisions of this chapter relating to barber schools.

      [2.] (b) May charge for barbering services provided to a member of the general public by a student if the student performs those barbering services as part of the required course of study of the barber school.

      2.  An applicant for an initial license to operate a barber school may submit to the Board, on a form prescribed by the Board, a request for a waiver from the requirement that two instructors be available to provide instruction at all times pursuant to subsubparagraph (III) of subparagraph (2) of paragraph (a) of subsection 1.

 


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(2) of paragraph (a) of subsection 1. Upon receiving a request for a waiver pursuant to this subsection, the Board shall grant a waiver for 1 year.

      Sec. 62.  Chapter 49 of NRS is hereby amended by adding thereto the provisions set forth as sections 63 to 66, inclusive, of this act.

      Sec. 63.  As used in sections 63 to 66, inclusive, of this act, unless the context otherwise requires:

      1.  “Client” means a person who consults or is interviewed by a clinical professional counselor for the purpose of diagnosis or treatment.

      2.  “Clinical professional counselor” has the meaning ascribed to it in section 6 of this act and includes a clinical professional counselor intern.

      3.  A communication is “confidential” if it is not intended to be disclosed to any third person other than a person:

      (a) Present during the consultation or interview to further the interest of the client;

      (b) Reasonably necessary for the transmission of the communication; or

      (c) Participating in the diagnosis or treatment under the direction of the clinical professional counselor, including a member of the client’s family.

      Sec. 64.  A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications among himself, his clinical professional counselor or any other person who is participating in the diagnosis or treatment under the direction of the clinical professional counselor.

      Sec. 65.  1.  The privilege may be claimed by the client, by his guardian or conservator, or by the personal representative of a deceased client.

      2.  The person who was the clinical professional counselor may claim the privilege but only on behalf of the client. The authority of the clinical professional counselor to do so is presumed in the absence of evidence to the contrary.

      Sec. 66.  There is no privilege under section 64 or 65 of this act:

      1.  If the client communicates to the clinical professional counselor that he intends or plans to commit what the client knows or reasonably should know is a crime.

      2.  If the clinical professional counselor is required to testify in an administrative or court-related investigation or proceeding involving the welfare of his client or the minor children of his client.

      3.  For communications relevant to an issue in proceedings to hospitalize the client for mental illness, if the clinical professional counselor in the course of diagnosis or treatment has determined that the client is in need of hospitalization.

      4.  As to communications relevant to an issue of the treatment of the client in any proceeding in which the treatment is an element of a claim or defense.

      Sec. 66.5.  NRS 49.246 is hereby amended to read as follows:

      49.246  As used in NRS 49.246 to 49.249, inclusive, unless the context otherwise requires:

      1.  “Client” means a person who consults or is interviewed by a marriage and family therapist for the purpose of diagnosis or treatment.

      2.  A communication is “confidential” if it is not intended to be disclosed to any third person other than a person:

 


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      (a) Present during the consultation or interview to further the interest of the client;

      (b) Reasonably necessary for the transmission of the communication; or

      (c) Participating in the diagnosis or treatment under the direction of the marriage and family therapist, including a member of the client’s family.

      3.  “Marriage and family therapist” has the meaning ascribed to it in NRS 641A.060 [.] and includes a marriage and family therapist intern.

      Sec. 67.  NRS 62A.270 is hereby amended to read as follows:

      62A.270  “Qualified professional” means:

      1.  A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

      2.  A psychologist licensed to practice in this State;

      3.  A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

      4.  A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State; [or]

      5.  A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS [.] ; or

      6.  A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

      Sec. 68.  NRS 62E.620 is hereby amended to read as follows:

      62E.620  1.  The juvenile court shall order a delinquent child to undergo an evaluation to determine whether the child is an abuser of alcohol or other drugs if the child committed:

      (a) An unlawful act in violation of NRS 484.379, 484.3795 or 484.37955;

      (b) The unlawful act of using, possessing, selling or distributing a controlled substance; or

      (c) The unlawful act of purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020.

      2.  Except as otherwise provided in subsection 3, an evaluation of the child must be conducted by:

      (a) [An] A clinical alcohol and drug abuse counselor who is licensed, an alcohol and drug abuse counselor who is licensed or certified , or an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern who is certified , pursuant to chapter 641C of NRS , to make that classification; or

      (b) A physician who is certified to make that classification by the Board of Medical Examiners.

      3.  If the child resides in this State but the nearest location at which an evaluation may be conducted is in another state, the court may allow the evaluation to be conducted in the other state if the person conducting the evaluation:

      (a) Possesses qualifications that are substantially similar to the qualifications described in subsection 2;

      (b) Holds an appropriate license, certificate or credential issued by a regulatory agency in the other state; and

      (c) Is in good standing with the regulatory agency in the other state.

      4.  The evaluation of the child may be conducted at an evaluation center.

 


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      5.  The person who conducts the evaluation of the child shall report to the juvenile court the results of the evaluation and make a recommendation to the juvenile court concerning the length and type of treatment required for the child.

      6.  The juvenile court shall:

      (a) Order the child to undergo a program of treatment as recommended by the person who conducts the evaluation of the child.

      (b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.

      (c) Order the child or the parent or guardian of the child, or both, to the extent of their financial ability, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child or the parent or guardian of the child, or both, do not have the financial resources to pay all those charges:

             (1) The juvenile court shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and

             (2) The juvenile court may order the child, in lieu of paying the charges relating to his evaluation and treatment, to perform community service.

      7.  After a treatment facility has certified a child’s successful completion of a program of treatment ordered pursuant to this section, the treatment facility is not liable for any damages to person or property caused by a child who:

      (a) Drives, operates or is in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance; or

      (b) Engages in any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425 or a law of any other jurisdiction that prohibits the same or similar conduct.

      8.  The provisions of this section do not prohibit the juvenile court from:

      (a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the Health Division of the Department of Health and Human Services. The evaluation may be conducted at an evaluation center.

      (b) Ordering the child to attend a program of treatment which is administered by a private company.

      9.  All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this title or the juvenile court, must not be disclosed to any person other than:

      (a) The juvenile court;

      (b) The child;

      (c) The attorney for the child, if any;

      (d) The parents or guardian of the child;

      (e) The district attorney; and

      (f) Any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child.

      10.  A record of any finding that a child has violated the provisions of NRS 484.379, 484.3795 or 484.37955 must be included in the driver’s record of that child for 7 years after the date of the offense.

 


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      Sec. 69.  NRS 89.050 is hereby amended to read as follows:

      89.050  1.  Except as otherwise provided in subsection 2, a professional corporation may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional corporation may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.

      2.  A professional corporation may be organized to render a professional service relating to:

      (a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:

             (1) Engaged in the practice of architecture as provided in chapter 623 of NRS;

             (2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

             (3) Engaged in the practice of residential design as provided in chapter 623 of NRS;

             (4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and

             (5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

      (b) Medicine, homeopathy and osteopathy, and may be composed of persons engaged in the practice of medicine as provided in chapter 630 of NRS, persons engaged in the practice of homeopathic medicine as provided in chapter 630A of NRS and persons engaged in the practice of osteopathic medicine as provided in chapter 633 of NRS. Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to medicine, homeopathy and osteopathy.

      (c) Mental health services, and may be composed of the following persons, in any number and in any combination:

             (1) Any psychologist who is licensed to practice in this State;

             (2) Any social worker who holds a master’s degree in social work and who is licensed by this State as a clinical social worker;

             (3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a master’s degree in the field of psychiatric nursing; [and]

             (4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS [.] ; and

             (5) Any clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.

Ê Such a professional corporation may market and manage additional professional corporations which are organized to render a professional service relating to mental health services pursuant to this paragraph.

      3.  A professional corporation may render a professional service only through its officers and employees who are licensed or otherwise authorized by law to render the professional service.

 


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ê2007 Statutes of Nevada, Page 3078 (Chapter 515, AB 424)ê

 

      Sec. 70.  NRS 176.133 is hereby amended to read as follows:

      176.133  As used in NRS 176.133 to 176.159, inclusive, unless the context otherwise requires:

      1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

      (a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

      (b) A psychologist licensed to practice in this State;

      (c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

      (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State; [or]

      (e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS [.] ; or

      (f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

      2.  “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.

      3.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

      (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive;

      (f) Incest pursuant to NRS 201.180;

      (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195, if punished as a felony;

      (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

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

      (k) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (l) Luring a child or mentally ill person pursuant to NRS 201.560, if punished as a felony;

      (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive, if punished as a felony; or

      (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      Sec. 71.  NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

 


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ê2007 Statutes of Nevada, Page 3079 (Chapter 515, AB 424)ê

 

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard, matron or other correctional officer of a city or county jail;

             (5) A justice of the Supreme Court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph; or

             (6) An employee of the State or a political subdivision of the State whose official duties require him to make home visits.

      (c) “Provider of health care” means a physician, a physician assistant, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, an osteopathic physician’s assistant, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a dentist, a dental hygienist, a pharmacist, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist [and] , a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern and an emergency medical technician.

      (d) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

      (e) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (f) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (g) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (h) “Taxicab driver” means a person who operates a taxicab.

      (i) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) [of this subsection] does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony 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 by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) [of this subsection] does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event, and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony 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 by a fine of not more than $5,000, or by both fine and imprisonment.

 


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not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his duty or upon a sports official based on the performance of his duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon, or the present ability to use a deadly weapon, then for a category B felony 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 by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 72.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

             (1) The local office of the Aging Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office;

             (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

 


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      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Any employee of the Department of Health and Human Services.

      (g) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (h) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (i) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (j) Every social worker.

      (k) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney and the Aging Services Division of the Department of Health and Human Services his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded to the Aging Services Division within 90 days after the completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 73.  NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited or isolated shall:

      (a) Report the abuse, neglect, exploitation or isolation of the vulnerable person to a law enforcement agency; and

 


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ê2007 Statutes of Nevada, Page 3082 (Chapter 515, AB 424)ê

 

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of a vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

      (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

 


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ê2007 Statutes of Nevada, Page 3083 (Chapter 515, AB 424)ê

 

      Sec. 74.  NRS 209.448 is hereby amended to read as follows:

      209.448  1.  An offender who has no serious infraction of the regulations of the Department or the laws of the State recorded against him must be allowed, in addition to the credits provided pursuant to NRS 209.433, 209.443, 209.446 or 209.4465, a deduction of not more than 30 days from the maximum term of his sentence for the successful completion of a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the Department and a person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern, pursuant to chapter 641C of NRS.

      2.  The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.

      Sec. 75.  NRS 211.340 is hereby amended to read as follows:

      211.340  1.  In addition to the credits on a term of imprisonment provided for in NRS 211.310, 211.320 and 211.330, the sheriff of the county or the chief of police of the municipality in which a prisoner is incarcerated may deduct not more than 5 days from his term of imprisonment if the prisoner:

      (a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person who is licensed as a clinical alcohol and drug abuse counselor, licensed or certified as an alcohol and drug abuse counselor or certified as an alcohol and drug abuse counselor intern or a clinical alcohol and drug abuse counselor intern, pursuant to chapter 641C of NRS; and

      (b) Is awarded a certificate evidencing his successful completion of the program.

      2.  The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.

      Sec. 76.  NRS 372.7285 is hereby amended to read as follows:

      372.7285  1.  In administering the provisions of NRS 372.325, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

 


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ê2007 Statutes of Nevada, Page 3084 (Chapter 515, AB 424)ê

 

      (c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.

      Sec. 77.  NRS 374.731 is hereby amended to read as follows:

      374.731  1.  In administering the provisions of NRS 374.330, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged and disabled persons established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      (c) “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractor or doctor of Oriental medicine in any form.

      Sec. 78.  NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of his home for a portion of the day, the person shall make the report to a law enforcement agency.

 


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ê2007 Statutes of Nevada, Page 3085 (Chapter 515, AB 424)ê

 

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol [or] and drug abuse counselor, clinical social worker, athletic trainer, advanced emergency medical technician or other person providing medical services licensed or certified in this State.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of suspected abuse or neglect of a child by a member of the staff of the hospital.

      (c) A coroner.

      (d) A clergyman, practitioner of Christian Science or religious healer, unless he has acquired the knowledge of the abuse or neglect from the offender during a confession.

      (e) A social worker and an administrator, teacher, librarian or counselor of a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) An attorney, unless he has acquired the knowledge of the abuse or neglect from a client who is or may be accused of the abuse or neglect.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

 


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ê2007 Statutes of Nevada, Page 3086 (Chapter 515, AB 424)ê

 

      (k) Any person who is employed by or serves as a volunteer for an approved youth shelter. As used in this paragraph, “approved youth shelter” has the meaning ascribed to it in NRS 244.422.

      (l) Any adult person who is employed by an entity that provides organized activities for children.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the report and submit to an agency which provides child welfare services his written findings. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      Sec. 79.  NRS 433.209 is hereby amended to read as follows:

      433.209  “Person professionally qualified in the field of psychiatric mental health” means:

      1.  A psychiatrist licensed to practice medicine in the State of Nevada and certified by the American Board of Psychiatry and Neurology;

      2.  A psychologist licensed to practice in this State;

      3.  A social worker who holds a master’s degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;

      4.  A registered nurse who:

      (a) Is licensed to practice professional nursing in this State;

      (b) Holds a master’s degree in the field of psychiatric nursing; and

      (c) Is employed by the Division;

      5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS; or

      6.  A clinical professional counselor licensed pursuant to chapter 641A of NRS.

      Sec. 80.  NRS 433.265 is hereby amended to read as follows:

      433.265  Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.

      Sec. 81.  NRS 433A.018 is hereby amended to read as follows:

      433A.018  “Person professionally qualified in the field of psychiatric mental health” means:

      1.  A psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology;

      2.  A psychologist licensed to practice in this State;

      3.  A social worker who holds a master’s degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;

      4.  A registered nurse who:

      (a) Is licensed to practice professional nursing in this State;

      (b) Holds a master’s degree in the field of psychiatric nursing; and

      (c) Is employed by the Division; [or]

      5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS; or

 


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ê2007 Statutes of Nevada, Page 3087 (Chapter 515, AB 424)ê

 

      6.  A clinical professional counselor licensed pursuant to chapter 641A of NRS.

      Sec. 82.  NRS 433A.160 is hereby amended to read as follows:

      433A.160  1.  Except as otherwise provided in subsection 2, an application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may only be made by an accredited agent of the Department, an officer authorized to make arrests in the State of Nevada or a physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse. The agent, officer, physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse may:

      (a) Without a warrant:

             (1) Take an allegedly mentally ill person into custody to apply for the emergency admission of the person for evaluation, observation and treatment; and

             (2) Transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose, or arrange for the person to be transported by:

                   (I) A local law enforcement agency;

                   (II) A system for the nonemergency medical transportation of persons whose operation is authorized by the Transportation Services Authority;

                   (III) An entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421; or

                   (IV) If medically necessary, an ambulance service that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

Ê only if the agent, officer, physician, psychologist, marriage and family therapist, clinical professional counselor, social worker or registered nurse has, based upon his personal observation of the allegedly mentally ill person, probable cause to believe that the person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.

      (b) Apply to a district court for an order requiring:

             (1) Any peace officer to take an allegedly mentally ill person into custody to allow the applicant for the order to apply for the emergency admission of the allegedly mentally ill person for evaluation, observation and treatment; and

             (2) Any agency, system or service described in subparagraph (2) of paragraph (a) to transport the allegedly mentally ill person to a public or private mental health facility or hospital for that purpose.

Ê The district court may issue such an order only if it is satisfied that there is probable cause to believe that the allegedly mentally ill person is a mentally ill person and, because of that illness, is likely to harm himself or others if allowed his liberty.

      2.  An application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment may be made by a spouse, parent, adult child or legal guardian of the person. The spouse, parent, adult child or legal guardian and any other person who has a legitimate interest in the allegedly mentally ill person may apply to a district court for an order described in paragraph (b) of subsection 1.

 


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ê2007 Statutes of Nevada, Page 3088 (Chapter 515, AB 424)ê

 

      3.  The application for the emergency admission of an allegedly mentally ill person for evaluation, observation and treatment must reveal the circumstances under which the person was taken into custody and the reasons therefor.

      4.  [As used in subsection 1, “an accredited agent of the Department” means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      5.]  Except as otherwise provided in this subsection, each person admitted to a public or private mental health facility or hospital under an emergency admission must be evaluated at the time of admission by a psychiatrist or a psychologist. If a psychiatrist or a psychologist is not available to conduct an evaluation at the time of admission, a physician may conduct the evaluation. Each such emergency admission must be approved by a psychiatrist.

      5.  As used in this section, “an accredited agent of the Department” means any person appointed or designated by the Director of the Department to take into custody and transport to a mental health facility pursuant to subsections 1 and 2 those persons in need of emergency admission.

      Sec. 83.  NRS 433B.090 is hereby amended to read as follows:

      433B.090  “Person professionally qualified in the field of psychiatric mental health” means:

      1.  A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;

      2.  A psychologist licensed to practice in this State;

      3.  A social worker who holds a master’s degree in social work, is licensed by the State as a clinical social worker and is employed by the Division;

      4.  A registered nurse who:

      (a) Is licensed to practice professional nursing in this State;

      (b) Holds a master’s degree in the field of psychiatric nursing; and

      (c) Is employed by the Division or the Division of Mental Health and Developmental Services of the Department; [or]

      5.  A marriage and family therapist licensed pursuant to chapter 641A of NRS ; or

      6.  A clinical professional counselor licensed pursuant to chapter 641A of NRS.

      Sec. 84.  NRS 433B.160 is hereby amended to read as follows:

      433B.160  1.  A person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his respective profession.

      2.  Any psychiatrist who is employed by the Division must be certified by the American Board of Psychiatry and Neurology within 5 years after his first date of employment with the Division. The Administrator shall terminate the employment of any psychiatrist who fails to receive that certification.

      Sec. 85.  NRS 433B.170 is hereby amended to read as follows:

      433B.170  The Administrator shall not employ any psychiatrist, psychologist, social worker, registered nurse , clinical professional counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.

 


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ê2007 Statutes of Nevada, Page 3089 (Chapter 515, AB 424)ê

 

counselor or marriage and family therapist who is unable to demonstrate proficiency in the oral and written expression of the English language.

      Sec. 86.  NRS 442.003 is hereby amended to read as follows:

      442.003  As used in this chapter, unless the context requires otherwise:

      1.  “Advisory Board” means the Advisory Board on Maternal and Child Health.

      2.  “Department” means the Department of Health and Human Services.

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

      4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

      5.  “Health Division” means the Health Division of the Department.

      6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

      7.  “Provider of health care or other services” means:

      (a) [An] A clinical alcohol and drug abuse counselor who is licensed, or an alcohol and drug abuse counselor who is licensed or certified , pursuant to chapter 641C of NRS;

      (b) A physician or a physician assistant who is licensed pursuant to chapter 630 or an osteopathic physician who is licensed pursuant to chapter 633 of NRS and who practices in the area of obstetrics and gynecology, family practice, internal medicine, pediatrics or psychiatry;

      (c) A licensed nurse;

      (d) A licensed psychologist;

      (e) A licensed marriage and family therapist;

      (f) A licensed clinical professional counselor;

      (g) A licensed social worker; or

      [(g)] (h) The holder of a certificate of registration as a pharmacist.

      Sec. 87.  NRS 484.37937 is hereby amended to read as follows:

      484.37937  1.  An offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792, other than an offender who is found to have a concentration of alcohol of 0.18 or more in his blood or breath, may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 6 months. The court shall authorize that treatment if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the cost of the treatment to the extent of his financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 24 hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

 


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ê2007 Statutes of Nevada, Page 3090 (Chapter 515, AB 424)ê

 

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 88.  NRS 484.3794 is hereby amended to read as follows:

      484.3794  1.  An offender who is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792 may, at that time or any time before he is sentenced, apply to the court to undergo a program of treatment for alcoholism or drug abuse which is certified by the Health Division of the Department of Health and Human Services for at least 1 year if:

      (a) The offender is diagnosed as an alcoholic or abuser of drugs by:

             (1) An alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that diagnosis; or

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

      (b) The offender agrees to pay the costs of the treatment to the extent of his financial resources; and

 


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ê2007 Statutes of Nevada, Page 3091 (Chapter 515, AB 424)ê

 

      (c) The offender has served or will serve a term of imprisonment in jail of 5 days and, if required pursuant to NRS 484.3792, has performed or will perform not less than one-half of the hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.

      (c) Advise the offender that:

             (1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.

             (2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.

             (3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.

      Sec. 89.  NRS 484.37943 is hereby amended to read as follows:

      484.37943  1.  If an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was 0.18 or more, or if an offender is found guilty of a violation of NRS 484.379 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484.3792, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

 


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ê2007 Statutes of Nevada, Page 3092 (Chapter 515, AB 424)ê

 

      2.  If an offender is convicted of a violation of NRS 484.379 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484.3792 and if the offender is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether he is an abuser of alcohol or other drugs.

      3.  Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) An alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make that evaluation; or

      (b) A physician who is certified to make that evaluation by the Board of Medical Examiners,

Ê who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      6.  The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      7.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

      Sec. 90.  NRS 484.3796 is hereby amended to read as follows:

      484.3796  1.  Before sentencing an offender for a violation of NRS 484.379 that is punishable as a felony pursuant to NRS 484.3792 or a violation of NRS 484.3795 or 484.37955, the court shall require that the offender be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

 


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ê2007 Statutes of Nevada, Page 3093 (Chapter 515, AB 424)ê

 

      (a) An alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 91.  NRS 488.430 is hereby amended to read as follows:

      488.430  1.  Before sentencing a defendant pursuant to NRS 488.420, 488.425 or 488.427, the court shall require that the defendant be evaluated to determine whether he is an abuser of alcohol or drugs and whether he can be treated successfully for his condition.

      2.  The evaluation must be conducted by:

      (a) An alcohol and drug abuse counselor who is licensed or certified , or a clinical alcohol and drug abuse counselor who is licensed, pursuant to chapter 641C of NRS , to make such an evaluation;

      (b) A physician who is certified to make such an evaluation by the Board of Medical Examiners; or

      (c) A psychologist who is certified to make such an evaluation by the Board of Psychological Examiners.

      3.  The alcohol and drug abuse counselor, clinical alcohol and drug abuse counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the Director of the Department of Corrections.

      Sec. 92.  Chapter 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.

      Sec. 93.  NRS 689A.0483 is hereby amended to read as follows:

      689A.0483  If any policy of health insurance provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.

      Sec. 94.  Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.

      Sec. 95.  NRS 689B.0383 is hereby amended to read as follows:

      689B.0383  If any policy of group health insurance provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.

 


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ê2007 Statutes of Nevada, Page 3094 (Chapter 515, AB 424)ê

 

practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.

      Sec. 96.  Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.

      Sec. 97.  NRS 695B.1973 is hereby amended to read as follows:

      695B.1973  If any contract for hospital or medical service provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.

      Sec. 98.  Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of practice of a licensed clinical alcohol and drug abuse counselor, the insured is entitled to reimbursement for treatment by a clinical alcohol and drug abuse counselor who is licensed pursuant to chapter 641C of NRS.

      Sec. 99.  NRS 695C.1773 is hereby amended to read as follows:

      695C.1773  If any evidence of coverage provides coverage for treatment of an illness which is within the authorized scope of [the] practice of a licensed marriage and family therapist [,] or licensed clinical professional counselor, the insured is entitled to reimbursement for treatment by a marriage and family therapist or clinical professional counselor who is licensed pursuant to chapter 641A of NRS.

      Sec. 99.5.  Section 8 of this act is hereby amended to read as follows:

      Sec. 8.  Each applicant for a license to practice as a clinical professional counselor must furnish evidence satisfactory to the Board that he:

      1.  Is at least 21 years of age;

      2.  Is of good moral character;

      3.  Is a citizen of the United States, or is lawfully entitled to remain and work in the United States;

      4.  Has:

      (a) Completed his residency training in psychiatry from an accredited institution approved by the Board;

      (b) A graduate degree from a program approved by the Council for Accreditation of Counseling and Related Educational Programs as a program in mental health counseling or community counseling; or

      (c) An acceptable degree as determined by the Board which includes the completion of a practicum and internship in mental health counseling which was taken concurrently with the degree program and was supervised by a licensed mental health professional; and

 


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ê2007 Statutes of Nevada, Page 3095 (Chapter 515, AB 424)ê

 

      5.  Has:

      (a) At least 2 years of postgraduate experience in professional counseling;

      (b) At least 3,000 hours of supervised experience in professional counseling which includes, without limitation:

             (1) At least 1,500 hours of direct contact with clients; and

             (2) At least 100 hours of counseling under the direct supervision of an approved supervisor of which at least 1 hour per week was completed for each work setting at which the applicant provided counseling; and

      (c) [Either:

             (1) Passed the National Counselor Examination for Licensure and Certification which is administered by the National Board for Certified Counselors and provided evidence satisfactory to the Board of at least 3 years of work experience in mental health counseling; or

             (2)] Passed the National Clinical Mental Health Counseling Examination which is administered by the National Board for Certified Counselors.

      Sec. 99.7.  Section 36 of this act is hereby amended to read as follows:

      Sec. 36.  [1.]  The Board shall issue a license as a clinical alcohol and drug abuse counselor to:

      [(a)] 1.  A person who:

             [(1)] (a) Is not less than 21 years of age;

             [(2)] (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

             [(3)] (c) Has received a master’s degree or a doctoral degree from an accredited college or university in a field of social science approved by the Board that includes comprehensive course work in clinical mental health, including the diagnosis of mental health disorders;

             [(4)] (d) Has completed a program approved by the Board consisting of at least 2,000 hours of supervised, postgraduate counseling of alcohol and drug abusers;

             [(5)] (e) Has completed a program that:

                   [(I)] (1) Is approved by the Board; and

                   [(II)] (2) Consists of at least 2,000 hours of postgraduate counseling of persons who are mentally ill and who are alcohol and drug abusers that is supervised by a [person professionally qualified in the field of psychiatric mental health and] licensed clinical alcohol and drug abuse counselor who is approved by the Board;

             [(6)] (f) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

             [(7)] (g) Pays the fees required pursuant to NRS 641C.470; and

             [(8)] (h) Submits all information required to complete an application for a license.

      [(b)] 2.  A person who:

             [(1)] (a) Is not less than 21 years of age;

             [(2)] (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;

             [(3)] (c) Is:

 


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ê2007 Statutes of Nevada, Page 3096 (Chapter 515, AB 424)ê

 

                   [(I)] (1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

                   [(II)] (2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or

                   [(III)] (3) A nurse who is licensed pursuant to chapter 632 of NRS and has received a master’s degree or a doctoral degree from an accredited college or university;

             [(4)] (d) Has completed at least 6 months of supervised counseling of alcohol and drug abusers approved by the Board;

             [(5)] (e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;

             [(6)] (f) Pays the fees required pursuant to NRS 641C.470; and

             [(7)] (g) Submits all the information required to complete an application for a license.

      [2.  As used in this section, “person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.]

      Sec. 100.  1.  As soon as practicable on or after July 1, 2007, the Governor shall, pursuant to paragraph (b) of subsection 1 of NRS 641A.100, as amended by section 16 of this act, appoint to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors:

      (a) One member whose term ends on June 30, 2010; and

      (b) One member whose term ends on June 30, 2011.

      2.  As soon as practicable on or after July 1, 2008, the Governor shall, pursuant to paragraph (b) of subsection 1 of NRS 641A.100, as amended by section 16.5 of this act, appoint to the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors one member whose term ends on June 30, 2012.

      3.  Notwithstanding the provisions of section 16 of this act, the members described in subsection 1 that the Governor is required to appoint to the Board must have the qualifications for licensure as a clinical professional counselor set forth in section 8 of this act at the time of their appointment to the Board.

      Sec. 101.  1.  This section and sections 1 to 15, inclusive, 16, 17 to 20, inclusive, 22 to 99, inclusive, and 100 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations to carry out the amendatory provisions of this act; and

      (b) On July 1, 2007, for all other purposes.

      2.  Sections 15.5 and 16.5 of this act become effective on July 1, 2008.

      3.  Section 61.5 of this act expires by limitation on June 30, 2009.

      4.  Section 8 of this act expires by limitation on December 31, 2009.

      5.  Section 99.5 of this act becomes effective on January 1, 2010.

      6.  Section 36 of this act expires by limitation on June 30, 2013.

      7.  Section 99.7 of this act becomes effective on July 1, 2013.

      8.  Section 20 of this act expires by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

      (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

 

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