Link to Page 520

 

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2009 Statutes of Nevada, Page 521 (Chapter 146, AB 79)

 

      4.  A contestant of an election may inspect all of the material relating to that election which is preserved pursuant to subsection 1 or 2, except the voted ballots.

      5.  The voted ballots deposited with the city clerk are not subject to the inspection of any person, except in cases of a contested election, and only by the judge, body or board before whom the election is being contested, or by the parties to the contest, jointly, pursuant to an order of the judge, body or board.

      6.  As used in this section, “vaults of the city clerk” means any place of secure storage designated by the city clerk.

      Sec. 8.  This act becomes effective upon passage and approval.

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CHAPTER 147, AB 116

Assembly Bill No. 116–Assemblyman Carpenter

 

CHAPTER 147

 

AN ACT relating to crimes; requiring a law enforcement agency and juvenile court to provide certain requested investigative and police reports within a specific period; excluding contributory conduct of a victim of domestic violence or sexual assault from consideration in certain determinations of compensation to the victim; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      To receive compensation from the Fund for the Compensation of Victims of Crime, a fund which is created in existing law, a victim must submit an application to a compensation officer appointed by the State Board of Examiners, who conducts an investigation, determines eligibility and renders a decision about the payment of compensation to the victim. (NRS 217.090, 217.100, 217.260) During an investigation, a compensation officer may order certain reports, including investigative and police reports. (NRS 217.110)

      Section 1 of this bill requires a law enforcement agency or juvenile court, as applicable, to provide the compensation officer with a copy of the requested investigative and police reports within 10 days after the receipt of such a request or within 10 days after the report is completed, whichever is later. Section 2 of this bill exempts certain contributory conduct of a victim in cases involving domestic violence or sexual assault from the required considerations of a compensation officer in determining whether to make an order for compensation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 217.110 is hereby amended to read as follows:

      217.110  1.  Upon receipt of an application for compensation, the compensation officer shall review the application to determine whether the applicant qualifies for compensation. The compensation officer shall deny the claim within 5 days after receipt of the application if the applicant’s ineligibility is apparent from the facts stated in the application. The applicant may appeal the denial to a hearing officer within 15 days after the decision.

 


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If the hearing officer determines that the applicant may be entitled to compensation, the hearing officer shall order the compensation officer to complete an investigation and render a decision pursuant to subsection 2. If the hearing officer denies the appeal, the applicant may appeal to an appeals officer pursuant to NRS 217.117.

      2.  If the compensation officer does not deny the application pursuant to subsection 1, or if he is ordered to proceed by the hearing officer, he shall conduct an investigation and, except as otherwise provided in subsection [4,] 6, render a decision within 60 days after his receipt of the application or order. If , in conducting his investigation , the compensation officer believes that:

      (a) Reports on the previous medical history of the victim;

      (b) An examination of the victim and a report of that examination;

      (c) A report on the cause of death of the victim by an impartial medical expert; or

      (d) Investigative or police reports,

would aid him in making his decision, the compensation officer may order the reports.

      3.  [Upon the request of] If a compensation officer submits a request pursuant to subsection 2 for investigative or police reports which concern [a] :

      (a) A natural person, other than a minor, who committed a crime against the victim, a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports within 10 days after receipt of the request or within 10 days after the reports are completed, whichever is later.

      (b) A minor who committed a crime against the victim, a juvenile court or a law enforcement agency shall provide the compensation officer with a copy of the requested investigative or police reports [.] within 10 days after receipt of the request or within 10 days after the reports are completed, whichever is later.

      4.  A law enforcement agency or a juvenile court shall not redact any information, except information deemed confidential, from an investigative or police report before providing a copy of the requested report to a compensation officer pursuant to subsection 3.

      5.  Any reports obtained by a compensation officer pursuant to [this] subsection 3 are confidential and must not be disclosed except upon the lawful order of a court of competent jurisdiction.

      [4.] 6.  When additional reports are requested pursuant to subsection 2, the compensation officer shall render a decision in the case, including an order directing the payment of compensation [,] if compensation is due, within 15 days after receipt of the reports.

      Sec. 2.  NRS 217.180 is hereby amended to read as follows:

      217.180  1.  [In] Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to his injury or death, the prior case or social history, if any, of the victim, the need of the victim or his dependents for financial aid and other relevant matters.

 


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      2.  If the case involves a victim of domestic violence or sexual assault, the compensation officer shall not consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to his injury or death.

      3.  If the applicant has received or is likely to receive an amount on account of his injury or the death of another from:

      (a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;

      (b) Insurance;

      (c) The employer of the victim; or

      (d) Another private or public source or program of assistance,

the applicant shall report the amount received or that he is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Board the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.

      [3.] 4.  An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.

      [4.] 5.  As used in this section [, “public] :

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Public source or program of assistance” means:

      [(a)] (1) Public assistance, as defined in NRS 422.050 and 422A.065;

      [(b)] (2) Social services provided by a social service agency, as defined in NRS 430A.080; or

      [(c)] (3) Other assistance provided by a public entity.

      (c) “Sexual assault” has the meaning ascribed to it in NRS 200.366.

      Sec. 3.  This act becomes effective upon passage and approval.

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2009 Statutes of Nevada, Page 524

 

CHAPTER 148, AB 117

Assembly Bill No. 117–Committee on Corrections, Parole, and Probation

 

CHAPTER 148

 

AN ACT relating to convicted persons; making various changes relating to parole hearings; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Section 4 of this bill authorizes the State Board of Parole Commissioners to grant parole to a prisoner without a meeting if the Board anticipates that parole will be granted. (NRS 213.130)

      Section 5 of this bill provides that a member of the Board or a case hearing representative may recommend releasing a prisoner on parole without a hearing if certain conditions are met. Section 5 also provides that such a recommendation remains subject to final approval by a majority of the Board. (NRS 213.133)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  NRS 213.130 is hereby amended to read as follows:

      213.130  1.  The Department of Corrections shall:

      (a) Determine when a prisoner sentenced to imprisonment in the state prison is eligible to be considered for parole;

      (b) Notify the [State] Board [of Parole Commissioners] of the eligibility of the prisoner to be considered for parole; and

      (c) Before a meeting to consider the prisoner for parole, compile and provide to the Board data that will assist the Board in determining whether parole should be granted.

      2.  If a prisoner is being considered for parole from a sentence imposed for conviction of a crime which involved the use of force or violence against a victim and which resulted in bodily harm to a victim and if original or duplicate photographs that depict the injuries of the victim or the scene of the crime were admitted at the trial of the prisoner or were part of the report of the presentence investigation and are reasonably available, a representative sample of such photographs must be included with the information submitted to the Board at the meeting. A prisoner may not bring a cause of action against the State of Nevada, its political subdivisions, agencies, boards, commissions, departments, officers or employees for any action that is taken pursuant to this subsection or for failing to take any action pursuant to this subsection, including, without limitation, failing to include photographs or including only certain photographs. As used in this subsection, “photograph” includes any video, digital or other photographic image.

      3.  Meetings to consider prisoners for parole may be held semiannually or more often, on such dates as may be fixed by the Board. All meetings are quasi-judicial and must be open to the public. No rights other than those conferred pursuant to this section or pursuant to specific statute concerning meetings to consider prisoners for parole are available to any person with respect to such meetings.

      4.  Not later than 5 days after the date on which the Board fixes the date of the meeting to consider a prisoner for parole, the Board shall notify the victim of the prisoner who is being considered for parole of the date of the meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board.

 


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2009 Statutes of Nevada, Page 525 (Chapter 148, AB 117)

 

meeting and of his rights pursuant to this subsection, if the victim has requested notification in writing and has provided his current address or if the victim’s current address is otherwise known by the Board. The victim of a prisoner being considered for parole may submit documents to the Board and may testify at the meeting held to consider the prisoner for parole. A prisoner must not be considered for parole until the Board has notified any victim of his rights pursuant to this subsection and he is given the opportunity to exercise those rights. If a current address is not provided to or otherwise known by the Board, the Board must not be held responsible if such notification is not received by the victim.

      5.  The Board may deliberate in private after a public meeting held to consider a prisoner for parole.

      6.  The Board of State Prison Commissioners shall provide suitable and convenient rooms or space for use of the Board.

      7.  If a victim is notified of a meeting to consider a prisoner for parole pursuant to subsection 4, the Board shall, upon making a final decision concerning the parole of the prisoner, notify the victim of its final decision.

      8.  All personal information, including, but not limited to, a current or former address, which pertains to a victim and which is received by the Board pursuant to this section is confidential.

      9.  The Board may grant parole without a meeting, pursuant to NRS 213.133, but the Board must not deny parole to a prisoner unless the prisoner has been given reasonable notice of the meeting and the opportunity to be present at the meeting. If the Board fails to provide notice of the meeting to the prisoner or to provide the prisoner with an opportunity to be present and determines that it may deny parole, the Board may reschedule the meeting.

      10.  During a meeting to consider a prisoner for parole, the Board shall allow the prisoner:

      (a) At his own expense, to have a representative present with whom he may confer; and

      (b) To speak on his own behalf or to have his representative speak on his behalf.

      11.  Upon making a final decision concerning the parole of the prisoner, the Board shall provide written notice to the prisoner of its decision not later than 10 working days after the meeting and, if parole is denied, specific recommendations of the Board to improve the possibility of granting parole the next time the prisoner is considered for parole, if any.

      12.  For the purposes of this section, “victim” has the meaning ascribed to it in NRS 213.005.

      Sec. 5.  NRS 213.133 is hereby amended to read as follows:

      213.133  1.  Except as otherwise provided in subsections 6 , [and] 7 [,] and 8, the Board may delegate its authority to hear, consider and act upon the parole of a prisoner and on any issue before the Board to a panel consisting of:

      (a) Two or more members of the Board, two of whom constitute a quorum; or

      (b) One member of the Board who is assisted by a case hearing representative.

      2.  No action taken by any panel created pursuant to paragraph (a) of subsection 1 is valid unless concurred in by a majority vote of those sitting on the panel.

 


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      3.  The decision of a panel is subject to final approval by the affirmative action of a majority of the members appointed to the Board. Such action may be taken at a meeting of the Board [,] or without a meeting by the delivery of written approval to the Executive Secretary of the Board.

      4.  The degree of complexity of issues presented must be taken into account before the Board makes any delegation of its authority and before it determines the extent of a delegation.

      5.  The Board shall adopt regulations which establish the basic types of delegable cases and the size of the panel required for each type of case.

      6.  A hearing concerning the parole of a prisoner or any decision on an issue involving a person:

      (a) Who committed a capital offense;

      (b) Who is serving a sentence of imprisonment for life;

      (c) Who has been convicted of a sexual offense involving the use or threat of use of force or violence;

      (d) Who is a habitual criminal; or

      (e) Whose sentence has been commuted by the State Board of Pardons Commissioners,

must be conducted by at least three members of the Board, and action may be taken only with the concurrence of at least four members.

      7.  If a recommendation made by a panel deviates from the standards adopted by the Board pursuant to NRS 213.10885 or the recommendation of the Division, the Chairman must concur in the recommendation.

      8.  A member of the Board or a person who has been designated as a case hearing representative in accordance with NRS 213.135 may recommend to the Board that a prisoner be released on parole without a meeting if:

      (a) The prisoner is not serving a sentence for a crime described in subsection 6;

      (b) The parole standards created pursuant to NRS 213.10885 suggest that parole should be granted;

      (c) There are no current requests for notification of hearings made in accordance with subsection 4 of NRS 213.130; and

      (d) Notice to law enforcement of the eligibility for parole of the prisoner was given pursuant to subsection 5 of NRS 213.1085, and no person objected to granting parole without a meeting during the 30-day notice period.

      9.  A recommendation made in accordance with subsection 8 is subject to final approval by the affirmative action of a majority of the members appointed to the Board. The final approval by affirmative action must not take place until the expiration of the 30-day notice period to law enforcement of the eligibility for parole of the prisoner in accordance with subsection 5 of NRS 213.1085. Such action may be taken at a meeting of the Board or without a meeting of the Board by delivery of written approval to the Executive Secretary of the Board by a majority of the members.

      Sec. 6.  The amendatory provisions of sections 4 and 5 of this act apply to any prisoner who is in the custody of the Department of Corrections before, on or after July 1, 2009.

      Sec. 7.  This act becomes effective on July 1, 2009.

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2009 Statutes of Nevada, Page 527

 

CHAPTER 149, AB 123

Assembly Bill No. 123–Committee on Health and Human Services

 

CHAPTER 149

 

AN ACT relating to public health; requiring offices of physicians and related facilities to obtain a permit and national accreditation before providing certain services involving anesthesia and sedation; providing an exception for certain offices and facilities; requiring surgical centers for ambulatory patients to obtain national accreditation; requiring annual inspections of such offices, facilities and surgical centers; requiring that copies of reports relating to the use of anesthesia and sedation by physicians be submitted to the Health Division of the Department of Health and Human Services; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain medical facilities, including hospitals, psychiatric hospitals, community triage centers and surgical centers for ambulatory patients, to be licensed by the Health Division of the Department of Health and Human Services. (NRS 449.030)

      Sections 9-11 of this bill require offices of physicians and other facilities providing health care that are not licensed as a medical facility by the Health Division to obtain a permit from the Division before offering general anesthesia, conscious sedation or deep sedation and prescribe the procedure for obtaining such a permit. The office or facility must maintain current accreditation by a nationally recognized accrediting organization approved by the State Board of Health.

      Section 12 of this bill requires each surgical center for ambulatory patients to maintain current accreditation by a nationally recognized accrediting organization approved by the State Board of Health.

      Section 13 of this bill requires the Health Division to conduct annual and unannounced inspections of each office and facility which holds a permit issued by the Health Division and each surgical center for ambulatory patients which holds a license issued by the Health Division.

      Section 14 of this bill prescribes the sanctions which the Health Division may impose for a violation of sections 3-15 of this bill by an office or facility or by a surgical center for ambulatory patients.

      Section 15 of this bill requires the State Board of Health to prescribe regulations to carry out the provisions of sections 3-15 of this bill, including fees for the issuance and renewal of permits. The regulations are subject to review by the Legislative Committee on Health Care. (NRS 439B.225)

      Section 8 of this bill provides that sections 3-15 of this bill do not apply to an office of a physician or other facility that is not licensed as a medical facility if the office or facility only administers medication to a patient to relieve the patient’s anxiety or pain in certain circumstances.

      Existing law requires a physician licensed to practice medicine or osteopathic medicine to report the number and types of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the physician at his office or certain other facilities. (NRS 630.30665, 633.524) Sections 20 and 23 of this bill require the Board of Medical Examiners and the State Board of Osteopathic Medicine to forward to the Health Division such reports.

 


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2009 Statutes of Nevada, Page 528 (Chapter 149, AB 123)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439B.225 is hereby amended to read as follows:

      439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for [licensing] the issuance or renewal of licenses, permits or certificates of registration [or for the renewal of licenses or certificates of registration] pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637A, 637B, 639, 640, 640A, 641, 641A, 641B, 641C, 652 or 654 of NRS.

      2.  The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for [licensing] the issuance or renewal of licenses, permits or certificates of registration [or to the renewal of a license or certificate of registration] issued to a person or facility regulated by the board, giving consideration to:

      (a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

      (b) The effect of the regulation on the cost of health care in this State;

      (c) The effect of the regulation on the number of licensed , permitted or registered persons and facilities available to provide services in this State; and

      (d) Any other related factor the Committee deems appropriate.

      3.  After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

      4.  The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

      Sec. 2.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 15, inclusive, of this act.

      Sec. 3.  As used in sections 3 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4.  “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      Sec. 5.  “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      Sec. 6.  “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      Sec. 7.  “Physician” means a person who is licensed to practice medicine pursuant to chapter 630 of NRS or osteopathic medicine pursuant to chapter 633 of NRS.

 


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2009 Statutes of Nevada, Page 529 (Chapter 149, AB 123)

 

      Sec. 8.  The provisions of sections 3 to 15, inclusive, of this act do not apply to an office of a physician or a facility that provides health care, other than a medical facility, if the office of a physician or the facility only administers a medication to a patient to relieve the patient’s anxiety or pain and if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      Sec. 9.  1.  An office of a physician or a facility that provides health care, other than a medical facility, must obtain a permit pursuant to section 10 of this act before offering to a patient a service of general anesthesia, conscious sedation or deep sedation. An office of a physician or a facility that provides health care, other than a medical facility, which operates at more than one location must obtain a permit for each location where a service of general anesthesia, conscious sedation or deep sedation is offered.

      2.  To offer to a patient a service of general anesthesia, conscious sedation or deep sedation in this State, an office of a physician or a facility that provides health care, other than a medical facility, must maintain current accreditation by a nationally recognized organization approved by the Board. Upon receiving an initial permit, the office or facility shall, within 6 months after obtaining the permit, submit proof to the Health Division of accreditation by such an organization.

      3.  If an office of a physician or a facility that provides health care, other than a medical facility, fails to maintain current accreditation or if the accreditation is revoked or is otherwise no longer valid, the office or facility shall immediately cease offering to patients a service of general anesthesia, conscious sedation or deep sedation.

      Sec. 10.  1.  An office of a physician or a facility that provides health care, other than a medical facility, desiring a permit pursuant to sections 3 to 15, inclusive, of this act must submit to the Health Division, on a form prescribed by the Health Division and accompanied by the appropriate fee, an application for a permit.

      2.  Before issuing a permit, the Health Division shall conduct an on-site inspection pursuant to section 13 of this act of each office of a physician or facility that applies for a permit.

      3.  Upon receipt of an application and the appropriate fee, the Health Division may, after conducting an inspection pursuant to section 13 of this act, issue a permit.

      4.  A permit expires 1 year after the date of issuance and is renewable pursuant to section 11 of this act.

      Sec. 11.  1.  The holder of a permit issued pursuant to section 10 of this act may annually submit to the Health Division, on a form prescribed by the Health Division and accompanied by the appropriate fee, an application for renewal of the permit before the date on which the permit expires. The application must include proof satisfactory to the Health Division that the office or facility maintains current accreditation by a nationally recognized organization approved by the Board.

      2.  Upon receipt of an application for renewal and the accompanying fee, the Health Division may renew a permit.

      Sec. 12.  1.  To operate in this State, a surgical center for ambulatory patients must maintain current accreditation by a nationally recognized organization approved by the Board. Upon initial licensure, a surgical center for ambulatory patients shall, within 6 months after obtaining its license, submit proof to the Health Division of the accreditation of the surgical center by such an organization.

 


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center for ambulatory patients shall, within 6 months after obtaining its license, submit proof to the Health Division of the accreditation of the surgical center by such an organization.

      2.  Before issuing a license to a surgical center for ambulatory patients, the Health Division shall conduct an on-site inspection of the surgical center pursuant to section 13 of this act.

      3.  If a surgical center for ambulatory patients fails to maintain current accreditation or if the accreditation is revoked or is otherwise no longer valid, the surgical center shall immediately cease to operate.

      Sec. 13.  1.  The Health Division shall conduct annual and unannounced on-site inspections of each office of a physician or a facility that provides health care, other than a medical facility, which holds a permit issued pursuant to section 10 of this act and each surgical center for ambulatory patients which holds a license issued pursuant to this chapter.

      2.  An inspection conducted pursuant to this section must focus on the infection control practices and policies of the surgical center for ambulatory patients, the office or the facility that is the subject of the inspection. The Health Division may, as it deems necessary, conduct a more comprehensive inspection of a surgical center, office or facility.

      3.  Upon completion of an inspection, the Health Division shall:

      (a) Compile a report of the inspection, including each deficiency discovered during the inspection, if any; and

      (b) Forward a copy of the report to the surgical center for ambulatory patients, the office of the physician or the facility where the inspection was conducted.

      4.  If a deficiency is indicated in the report, the surgical center for ambulatory patients, the office of the physician or the facility shall correct each deficiency indicated in the report in the manner prescribed by the Board pursuant to section 15 of this act.

      5.  The Health Division shall annually prepare and submit to the Legislative Committee on Health Care and the Legislative Commission a report which includes:

      (a) The number and frequency of inspections conducted pursuant to this section;

      (b) A summary of deficiencies or other significant problems discovered while conducting inspections pursuant to this section and the results of any follow-up inspections; and

      (c) Any other information relating to the inspections as deemed necessary by the Legislative Committee on Health Care or the Legislative Commission.

      Sec. 14.  1.  If an office of a physician or a facility that provides health care, other than a medical facility, violates the provisions of sections 3 to 15, inclusive, of this act, or the regulations adopted pursuant thereto, or fails to correct a deficiency indicated in a report pursuant to section 13 of this act, the Health Division, in accordance with the regulations adopted pursuant to section 15 of this act, may take any of the following actions:

      (a) Decline to issue or renew a permit;

      (b) Suspend or revoke a permit; or

      (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum.

 


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      2.  The Health Division may review a report submitted pursuant to NRS 630.30665 or 633.524 to determine whether an office of a physician or a facility is in violation of the provisions of sections 3 to 15, inclusive, of this act or the regulations adopted pursuant thereto. If the Health Division determines that such a violation has occurred, the Health Division shall immediately notify the appropriate professional licensing board of the physician.

      3.  If a surgical center for ambulatory patients violates the provisions of sections 3 to 15, inclusive, of this act, or the regulations adopted pursuant thereto, or fails to correct a deficiency indicated in a report pursuant to section 13 of this act, the Health Division may impose administrative sanctions pursuant to NRS 449.163.

      Sec. 15.  1.  The Board shall adopt regulations to carry out the provisions of sections 3 to 15, inclusive, of this act, including, without limitation, regulations which:

      (a) Prescribe the amount of the fee required for applications for the issuance and renewal of a permit pursuant to sections 10 and 11 of this act.

      (b) Prescribe the procedures and standards for the issuance and renewal of a permit.

      (c) Identify the nationally recognized organizations approved by the Board for the purposes of the accreditation required for the issuance of a:

            (1) License to operate a surgical center for ambulatory patients.

            (2) Permit for an office of a physician or a facility that provides health care, other than a medical facility, to offer to a patient a service of general anesthesia, conscious sedation or deep sedation.

      (d) Prescribe the procedures and scope of the inspections conducted by the Health Division pursuant to section 13 of this act.

      (e) Prescribe the procedures and time frame for correcting each deficiency indicated in a report pursuant to section 13 of this act.

      (f) Prescribe the criteria for the imposition of each sanction prescribed by section 14 of this act, including, without limitation:

            (1) Setting forth the circumstances and manner in which a sanction applies;

            (2) Minimizing the time between the identification of a violation and the imposition of a sanction; and

            (3) Providing for the imposition of incrementally more severe sanctions for repeated or uncorrected violations.

      2.  The regulations adopted pursuant to this section must require that the practices and policies of each holder of a permit to offer to a patient a service of general anesthesia, conscious sedation or deep sedation and each holder of a license to operate a surgical center for ambulatory patients provide adequately for the protection of the health, safety and well-being of patients.

      Sec. 16.  NRS 233B.063 is hereby amended to read as follows:

      233B.063  1.  At least 30 days before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation , an agency shall deliver to the Legislative Counsel a copy of the proposed regulation. The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.

 


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2009 Statutes of Nevada, Page 532 (Chapter 149, AB 123)

 

      2.  Unless the proposed regulation is submitted to him between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to him. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for [licensing] the issuance or renewal of licenses, permits or certificates of registration [or for the renewal of a license or a certificate of registration] issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the Legislative Committee on Health Care.

      3.  An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.

      4.  An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.

      Sec. 17.  NRS 233B.070 is hereby amended to read as follows:

      233B.070  1.  A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise provided in NRS 293.247 or where a later date is specified in the regulation.

      2.  Except as otherwise provided in NRS 233B.0633, an agency that has adopted a temporary regulation may not file the temporary regulation with the Secretary of State until 35 days after the date on which the temporary regulation was adopted by the agency. A temporary regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of the regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      3.  An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.

      4.  The Secretary of State shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.

      5.  The Secretary of State shall file, with the original of each agency’s rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.

 


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      6.  Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library and Archives Administrator, to the State Library and Archives Administrator for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for [licensing] the issuance or renewal of licenses, permits or certificates of registration [or for the renewal of a license or a certificate of registration] issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Legislative Committee on Health Care within 10 days after the regulation is filed with the Secretary of State.

      7.  Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.

      8.  An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.

      Sec. 18.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A physician shall not administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to patients unless the general anesthesia, conscious sedation or deep sedation is administered:

      (a) In an office of a physician or osteopathic physician which holds a permit pursuant to sections 3 to 15, inclusive, of this act;

      (b) In a facility which holds a permit pursuant to sections 3 to 15, inclusive, of this act;

      (c) In a medical facility as that term is defined in NRS 449.0151; or

      (d) Outside of this State.

      2.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in section 4 of this act.

      (b) “Deep sedation” has the meaning ascribed to it in section 5 of this act.

      (c) “General anesthesia” has the meaning ascribed to it in section 6 of this act.

      Sec. 19.  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.

 


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      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 is experimental.

      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.

      13.  Failure to comply with the requirements of section 18 of this act.

      Sec. 20.  NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division [of the Department of Health and Human Services] for reporting information pursuant to NRS 439.835.

 


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      3.  Each holder of a license to practice medicine shall submit the [report] reports required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to subsection 8 of NRS 630.306.

      4.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1 and 2; [and]

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access [.] ; and

      (c) Submit to the Health Division a copy of the report submitted pursuant to subsection 1. The Health Division shall maintain the confidentiality of such reports in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      6.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      7.  In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      8.  As used in this section:

      (a) “Conscious sedation” [means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.] has the meaning ascribed to it in section 4 of this act.

      (b) “Deep sedation” [means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.] has the meaning ascribed to it in section 5 of this act.

      (c) “General anesthesia” [means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.] has the meaning ascribed to it in section 6 of this act.

 


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2009 Statutes of Nevada, Page 536 (Chapter 149, AB 123)

 

      (d) “Health Division” has the meaning ascribed to it in NRS 449.009.

      (e) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 21.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An osteopathic physician shall not administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to patients unless the general anesthesia, conscious sedation or deep sedation is administered:

      (a) In an office of a physician or osteopathic physician which holds a permit pursuant to sections 3 to 15, inclusive, of this act;

      (b) In a facility which holds a permit pursuant to sections 3 to 15, inclusive, of this act;

      (c) In a medical facility as that term is defined in NRS 449.0151; or

      (d) Outside of this State.

      2.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in section 4 of this act.

      (b) “Deep sedation” has the meaning ascribed to it in section 5 of this act.

      (c) “General anesthesia” has the meaning ascribed to it in section 6 of this act.

      Sec. 22.  NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) 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;

      (b) A felony relating to the practice of osteopathic medicine;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

      (e) Any felony involving the use of a firearm or other deadly weapon;

      (f) Assault with intent to kill or to commit sexual assault or mayhem;

      (g) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      (h) Abuse or neglect of a child or contributory delinquency; or

      (i) Any offense involving moral turpitude.

      3.  The suspension of the license to practice osteopathic medicine by any other jurisdiction.

      4.  Gross or repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the requirements of section 21 of this act.

 


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      Sec. 23.  NRS 633.524 is hereby amended to read as follows:

      633.524  1.  The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the Administrator of the Health Division [of the Department of Health and Human Services] for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice osteopathic medicine shall submit the [report] reports required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to NRS 633.511.

      4.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1 and 2; [and]

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access [.] ; and

      (c) Submit to the Health Division a copy of the report submitted pursuant to subsection 1. The Health Division shall maintain the confidentiality of such reports in accordance with subsection 5.

      5.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      6.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      7.  In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

 


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      8.  As used in this section:

      (a) “Conscious sedation” [means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.] has the meaning ascribed to it in section 4 of this act.

      (b) “Deep sedation” [means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.] has the meaning ascribed to it in section 5 of this act.

      (c) “General anesthesia” [means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.] has the meaning ascribed to it in section 6 of this act.

      (d) “Health Division” has the meaning ascribed to it in NRS 449.009.

      (e) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 24.  The State Board of Health shall:

      1.  On or before October 1, 2009, adopt regulations pursuant to section 15 of this act relating to the nationally recognized organizations approved by the Board for the accreditation of surgical centers for ambulatory patients required by section 12 of this act.

      2.  On or before January 1, 2010, adopt all other regulations required by section 15 of this act.

      Sec. 25.  A surgical center for ambulatory patients that holds a license pursuant to chapter 449 of NRS which was issued before October 1, 2009, shall, on or before March 31, 2010, submit to the Health Division of the Department of Health and Human Services documentation that the surgical center is accredited pursuant to the regulations adopted by the State Board of Health in accordance with section 15 of this act.

      Sec. 26.  An office of a physician or a facility that provides health care, other than a medical facility, which offers to a patient a service of general anesthesia, conscious sedation or deep sedation must obtain a permit pursuant to section 10 of this act on or before October 1, 2010.

      Sec. 27.  1.  This section and sections 1, 15, 16, 17 and 24 of this act become effective upon passage and approval for the purpose of adopting regulations and on January 1, 2010, for all other purposes.

      2.  Sections 2 to 14, inclusive, 18 to 23, inclusive, 25 and 26 of this act become effective on January 1, 2010.

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2009 Statutes of Nevada, Page 539

 

CHAPTER 150, AB 139

Assembly Bill No. 139–Committee on Commerce and Labor

 

CHAPTER 150

 

AN ACT relating to housing; requiring the Housing Division of the Department of Business and Industry to create and maintain a statewide low-income housing database; requiring certain owners of residential housing units to report to the Office of Disability Services of the Department of Health and Human Services information concerning each unit of housing that is available and suitable for use by a person with a disability; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the Housing Division of the Department of Business and Industry is responsible for increasing the availability of decent, safe and sanitary housing for persons of low and moderate income in this State. (Chapter 319 of NRS) Section 3 of this bill requires the Housing Division to create and maintain a statewide low-income housing database. The Housing Division may spend up to $175,000 each year for the database.

      Under existing law, the Office of Disability Services of the Department of Health and Human Services is responsible for, among other things, providing access to information about services or programs that are available in this State for persons with disabilities. (NRS 426.235) Section 4 of this bill requires owners of residential rental housing that is affordable housing or accessible to persons with disabilities who have received government or other public money for that residential housing to report at least quarterly to the Office of Disability Services information concerning each unit of the housing that is available and suitable for use by persons with disabilities.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 319 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  “Person with a disability” has the meaning ascribed to it in NRS 433.5473.

      Sec. 3.  1.  The Division shall create and maintain a statewide low-income housing database.

      2.  The database must include, without limitation, the compilation and analysis of demographic, economic and housing data from a variety of sources that:

      (a) Provides for an annual assessment of the affordable housing market at the city and county level, including data relating to housing units, age of housing, rental rates and rental vacancy rates, new home sales and resale of homes, new construction permits, mobile homes, lots available for mobile homes and conversions of multifamily condominiums;

      (b) Addresses the housing needs of various population groups in Nevada, such as households that rent, homeowners, elderly households, veterans, persons with disabilities or special needs, homeless persons, recovering drug abusers, persons suffering from mental health ailments and victims of domestic violence, with each group distinguished to show the percentage of the population group at different income levels, and a determination of the number of households within each special-needs group experiencing housing costs greater than 50 percent of their income, overcrowding or substandard housing;

 


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2009 Statutes of Nevada, Page 540 (Chapter 150, AB 139)

 

the percentage of the population group at different income levels, and a determination of the number of households within each special-needs group experiencing housing costs greater than 50 percent of their income, overcrowding or substandard housing;

      (c) Contains an estimate of the number and condition of subsidized and other low-income housing units at the county level and the identification of any subsidized units that are forecast to convert to market-rate units within a 2-year planning period;

      (d) Provides a demographic and economic overview by local and county jurisdiction, if feasible, for the population of Nevada, including age, race and ethnicity, household size, migration, current and forecast employment, household income and a summary relating to the effects of demographics and economic factors on housing demand;

      (e) Provides the number of housing units available to a victim of domestic violence from any housing authority, as defined in NRS 315.021, and from participation in the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. ง 1437f; and

      (f) Provides the number of terminations of victims of domestic violence in this State from the program of housing assistance pursuant to section 8 of the United States Housing Act of 1937, 42 U.S.C. ง 1437f.

      3.  The costs of creating and maintaining the database:

      (a) Must be paid from the Account for Low-Income Housing created by NRS 319.500; and

      (b) May not exceed $175,000 per year.

      Sec. 4.  1.  If an owner of residential housing that is offered for rent or lease in this State and is:

      (a) Accessible to persons with disabilities; or

      (b) Affordable housing,

has received any loan, grant or contribution for the residential housing from the Federal Government, the State or any public body, the owner shall, not less than quarterly, report to the Office of Disability Services of the Department of Health and Human Services information concerning each unit of the residential housing that is available and suitable for use by a person with a disability.

      2.  The Department of Health and Human Services shall adopt regulations to carry out the provisions of this section.

      3.  As used in this section, “affordable housing” has the meaning ascribed to it in NRS 278.0105.

      Sec. 5.  NRS 319.030 is hereby amended to read as follows:

      319.030  As used in this chapter, the words and terms defined in NRS 319.040 to 319.135, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6.  NRS 319.510 is hereby amended to read as follows:

      319.510  1.  Money deposited in the Account for Low-Income Housing must be used:

      (a) For the acquisition, construction or rehabilitation of housing for eligible families by public or private nonprofit charitable organizations, housing authorities or local governments through loans, grants or subsidies;

      (b) To provide technical and financial assistance to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction or rehabilitation of housing for eligible families;

 


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2009 Statutes of Nevada, Page 541 (Chapter 150, AB 139)

 

      (c) To provide funding for projects of public or private nonprofit charitable organizations, housing authorities or local governments that provide assistance to or guarantee the payment of rent or deposits as security for rent for eligible families, including homeless persons;

      (d) To reimburse the Division for the costs of administering the Account; and

      (e) In any other manner consistent with this section to assist eligible families in obtaining or keeping housing, including use as the State’s contribution to facilitate the receipt of related federal money.

      2.  Except as otherwise provided in this subsection, the Division may expend money from the Account as reimbursement for the necessary costs of efficiently administering the Account and any money received pursuant to 42 U.S.C. งง 12701 et seq. In no case may the Division expend more than $40,000 per year or an amount equal to 6 percent of any money made available to the State pursuant to 42 U.S.C. งง 12701 et seq., whichever is greater. In addition, the Division may expend not more than $175,000 per year from the Account to create and maintain the statewide low-income housing database required by section 3 of this act. Of the remaining money allocated from the Account:

      (a) Except as otherwise provided in subsection 3, 15 percent must be distributed to the Division of Welfare and Supportive Services of the Department of Health and Human Services for use in its program developed pursuant to 45 C.F.R. ง 233.120 to provide emergency assistance to needy families with children, subject to the following:

            (1) The Division of Welfare and Supportive Services shall adopt regulations governing the use of the money that are consistent with the provisions of this section.

            (2) The money must be used solely for activities relating to low-income housing that are consistent with the provisions of this section.

            (3) The money must be made available to families that have children and whose income is at or below the federally designated level signifying poverty.

            (4) All money provided by the Federal Government to match the money distributed to the Division of Welfare and Supportive Services pursuant to this section must be expended for activities consistent with the provisions of this section.

      (b) Eighty-five percent must be distributed to public or private nonprofit charitable organizations, housing authorities and local governments for the acquisition, construction and rehabilitation of housing for eligible families, subject to the following:

            (1) Priority must be given to those projects that qualify for the federal tax credit relating to low-income housing.

            (2) Priority must be given to those projects that anticipate receiving federal money to match the state money distributed to them.

            (3) Priority must be given to those projects that have the commitment of a local government to provide assistance to them.

            (4) All money must be used to benefit families whose income does not exceed 60 percent of the median income for families residing in the same county, as defined by the United States Department of Housing and Urban Development.

 


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            (5) Not less than 15 percent of the units acquired, constructed or rehabilitated must be affordable to persons whose income is at or below the federally designated level signifying poverty. For the purposes of this subparagraph, a unit is affordable if a family does not have to pay more than 30 percent of its gross income for housing costs, including both utility and mortgage or rental costs.

            (6) To be eligible to receive money pursuant to this paragraph, a project must be sponsored by a local government.

      3.  The Division may, pursuant to contract and in lieu of distributing money to the Division of Welfare and Supportive Services pursuant to paragraph (a) of subsection 2, distribute any amount of that money to private or public nonprofit entities for use consistent with the provisions of this section.

      Sec. 7.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 151, AB 173

Assembly Bill No. 173–Assemblymen Mastroluca, Oceguera, Horne, Conklin, Smith; Atkinson, Bobzien, Buckley, Denis, Dondero Loop, Kirkpatrick and Parnell

 

CHAPTER 151

 

AN ACT relating to occupational diseases; exempting certain claims for occupational diseases from requirements relating to the burden of proof that disease arose out of and in course of employment; providing that certain occupational diseases are occupational diseases of arson investigators; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits the payment of compensation for an occupational disease unless a preponderance of evidence establishes that the disease arose out of and in the course of employment. (NRS 617.358) Section 4 of this bill exempts claims for certain occupational diseases from this requirement.

      Existing law establishes diseases of the lung and heart as occupational diseases of firefighters and police officers. (NRS 617.455, 617.457) Sections 5 and 6 of this bill provide that such diseases are also occupational diseases of an arson investigator. Sections 1-3 of this bill add arson investigators to provisions relating to such diseases.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 616A.035 is hereby amended to read as follows:

      616A.035  1.  “Accident benefits” means medical, surgical, hospital or other treatments, nursing, medicine, medical and surgical supplies, crutches and apparatuses, including prosthetic devices.

 


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2009 Statutes of Nevada, Page 543 (Chapter 151, AB 173)

 

      2.  The term includes:

      (a) Medical benefits as defined by NRS 617.130;

      (b) Preventive treatment administered as a precaution to an employee who is exposed to a contagious disease while providing medical services, including emergency medical care, in the course and scope of his employment;

      (c) Preventive treatment administered as a precaution to a police officer , [or] a salaried or volunteer firefighter or an arson investigator who:

            (1) Was exposed to a contagious disease:

                  (I) Upon battery by an offender; or

                  (II) While performing the duties of a police officer , [or] firefighter [,] or arson investigator,

if the exposure is documented by the creation and maintenance of a report concerning the exposure pursuant to subsection 1 of NRS 616C.052; or

            (2) Tests positive for exposure to tuberculosis or another contagious disease under the circumstances described in subsection 2 or 3 of NRS 616C.052; and

      (d) Preventive treatment for hepatitis administered as a precaution to a police officer, full-time salaried firefighter [or] , arson investigator or emergency medical attendant employed in this State.

      3.  The term does not include:

      (a) Exercise equipment, a hot tub or a spa for an employee’s home;

      (b) Membership in an athletic or health club;

      (c) Except as otherwise provided in NRS 616C.245, a motor vehicle; or

      (d) The costs of operating a motor vehicle provided pursuant to NRS 616C.245, fees related to the operation or licensing of the motor vehicle or insurance for the motor vehicle.

      4.  As used in this section:

      (a) “Battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      (b) “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, whose primary duties of employment are the provision of emergency medical services.

      (c) “Hepatitis” includes hepatitis A, hepatitis B, hepatitis C and any additional diseases or conditions that are associated with or result from hepatitis A, hepatitis B or hepatitis C.

      (d) “Preventive treatment” includes, without limitation:

            (1) Tests to determine if an employee has contracted hepatitis or any other contagious disease to which he was exposed; and

            (2) If an employee tests positive for exposure to tuberculosis under the circumstances described in NRS 616C.052, such medication and chest X rays as are recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.

      Sec. 2.  NRS 616C.052 is hereby amended to read as follows:

      616C.052  1.  Except as otherwise provided in NRS 617.485 and 617.487, if a police officer , [or] a salaried or volunteer firefighter or an arson investigator is exposed to a contagious disease:

 


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2009 Statutes of Nevada, Page 544 (Chapter 151, AB 173)

 

      (a) Upon battery by an offender; or

      (b) While performing the duties of a police officer , [or] firefighter [,] or arson investigator,

the employer of the police officer , [or] firefighter or arson investigator shall create and maintain a report concerning the exposure that includes, without limitation, the name of each police officer , [or] firefighter [,] or arson investigator, as applicable, who was exposed to the contagious disease and the name of each person, if any, to whom the police officer , [or] firefighter or arson investigator was exposed.

      2.  Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if the results of a physical examination administered pursuant to NRS 617.455 or 617.457 to a police officer , [or] a salaried or volunteer firefighter or an arson investigator after the commencement of his employment reveal that the police officer , [or] firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer , [or] firefighter or arson investigator is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

      3.  Except as otherwise provided in NRS 617.485 and 617.487, if the employment of a police officer , [or] a salaried or volunteer firefighter or an arson investigator is terminated, voluntarily or involuntarily, the employer of the police officer , [or] firefighter [,] or arson investigator, regardless of whether the police officer , [or] firefighter or arson investigator has been exposed to a contagious disease during his employment and regardless of whether the employer has created or maintained a report concerning any exposure of the police officer , [or] firefighter or arson investigator to a contagious disease pursuant to subsection 1, shall:

      (a) At the time of termination and at 3 months after the date of termination, provide to the police officer , [or] firefighter or arson investigator a purified protein derivative skin test to screen for exposure to tuberculosis, unless the police officer , [or] firefighter or arson investigator previously submitted to such a test and tested positive for exposure to tuberculosis. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a skin test administered pursuant to this paragraph and provided to the employer reveals that the police officer , [or] firefighter or arson investigator tested positive for exposure to tuberculosis, the police officer , [or] firefighter or arson investigator is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for tuberculosis and any additional diseases or conditions that are associated with or result from tuberculosis.

      (b) Within 30 days after the date of termination and at 6 and 12 months after the date of termination, provide to the police officer , [or] firefighter or arson investigator a blood test or other appropriate test to screen for other contagious diseases, including, without limitation, hepatitis A, hepatitis B, hepatitis C and human immunodeficiency virus, unless the police officer , [or] firefighter or arson investigator previously submitted to such a test for a contagious disease and tested positive for exposure to that contagious disease. Except as otherwise provided in paragraph (d) of subsection 2 of NRS 616A.265, if a blood test or other appropriate test administered pursuant to this paragraph and provided to the employer reveals that the police officer , [or] firefighter or arson investigator has any other contagious disease or the antibodies associated with a contagious disease, the police officer , [or] firefighter or arson investigator is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

 


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disease or the antibodies associated with a contagious disease, the police officer , [or] firefighter or arson investigator is eligible, during his lifetime, to receive compensation pursuant to chapters 616A to 617, inclusive, of NRS for such a disease and any additional diseases or conditions that are associated with or result from the contagious disease.

      4.  The former employer of a police officer , [or] a salaried or volunteer firefighter or an arson investigator shall pay all the costs associated with providing skin and blood tests and other appropriate tests required pursuant to subsection 3.

      5.  As used in this section, the term “battery” includes, without limitation, the intentional propelling or placing, or the causing to be propelled or placed, of any human excrement or bodily fluid upon the person of an employee.

      Sec. 3.  NRS 616C.507 is hereby amended to read as follows:

      616C.507  1.  Except as otherwise provided in this section, if the surviving spouse of a deceased police officer , [or] firefighter or arson investigator who died while actively employed as a police officer , [or] firefighter or arson investigator is entitled to be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487, the surviving spouse:

      (a) Must be paid that compensation until the death of the surviving spouse, whether or not the surviving spouse remarries; and

      (b) Must not be paid any compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 in one lump sum upon remarriage.

      2.  A surviving spouse of a deceased police officer , [or] firefighter or arson investigator who was retired from employment as a police officer , [or] firefighter or arson investigator at the time of death is entitled to receive compensation to the same extent and in the same manner as a surviving spouse specified in subsection 1 if:

      (a) The police officer , [or] firefighter or arson investigator retired because of the injury or occupational disease for which compensation is paid to the surviving spouse pursuant to this section; and

      (b) The death of the police officer , [or] firefighter or arson investigator was the direct and proximate result of the injury or occupational disease.

      3.  If the surviving spouse of a deceased police officer , [or] firefighter or arson investigator specified in subsection 1 or 2 becomes the spouse of another employee or retiree who thereafter dies under circumstances that would otherwise entitle the surviving spouse to be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 with respect to the other employee, the surviving spouse:

      (a) Must not be paid compensation pursuant to subsection 2 of NRS 616C.505 or NRS 617.453, 617.455, 617.457, 617.485 or 617.487 with respect to the other employee; and

      (b) Shall be deemed to have predeceased the other employee for the purposes of chapters 616A to 616D, inclusive, and 617 of NRS.

      4.  Except as otherwise provided in subsections 1 and 2, the provisions of this section do not affect any compensation payable under chapter 617 of NRS.

 


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      Sec. 4.  NRS 617.358 is hereby amended to read as follows:

      617.358  1.  An employee or his dependents are not entitled to receive compensation pursuant to the provisions of this chapter unless the employee or his dependents establish by a preponderance of the evidence that the employee’s occupational disease arose out of and in the course of his employment.

      2.  If the employee files a notice of an occupational disease pursuant to NRS 617.342 after his employment has been terminated for any reason, there is a rebuttable presumption that the occupational disease did not arise out of and in the course of his employment.

      3.  The provisions of this section do not apply to any claim filed for an occupational disease described in NRS 617.453, 617.455, 617.457, 617.485 or 617.487.

      Sec. 5.  NRS 617.455 is hereby amended to read as follows:

      617.455  1.  Notwithstanding any other provision of this chapter, diseases of the lungs, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by exposure to heat, smoke, fumes, tear gas or any other noxious gases, arising out of and in the course of the employment of a person who, for 2 years or more, has been:

      (a) Employed in this State in a full-time salaried occupation of fire fighting or the investigation of arson for the benefit or safety of the public;

      (b) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; or

      (c) Employed in a full-time salaried occupation as a police officer in this State.

      2.  Except as otherwise provided in subsection 3, each employee who is to be covered for diseases of the lungs pursuant to the provisions of this section shall submit to a physical examination, including a thorough test of the functioning of his lungs and the making of an X-ray film of his lungs, upon employment, upon commencement of the coverage, once every even-numbered year until he is 40 years of age or older and thereafter on an annual basis during his employment.

      3.  A thorough test of the functioning of the lungs is not required for a volunteer firefighter.

      4.  All physical examinations required pursuant to subsection 2 must be paid for by the employer.

      5.  A disease of the lungs is conclusively presumed to have arisen out of and in the course of the employment of a person who has been employed in a full-time continuous, uninterrupted and salaried occupation as a police officer , [or] firefighter or arson investigator for 5 years or more before the date of disablement.

      6.  Failure to correct predisposing conditions which lead to lung disease when so ordered in writing by the examining physician after the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

 


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      (b) Incapable of performing, with or without remuneration, work as a firefighter , [or] police officer [,] or arson investigator,

may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      Sec. 6.  NRS 617.457 is hereby amended to read as follows:

      617.457  1.  Notwithstanding any other provision of this chapter, diseases of the heart of a person who, for 5 years or more, has been employed in a full-time continuous, uninterrupted and salaried occupation as a firefighter [or] , arson investigator or police officer in this State before the date of disablement are conclusively presumed to have arisen out of and in the course of the employment.

      2.  Notwithstanding any other provision of this chapter, diseases of the heart, resulting in either temporary or permanent disability or death, are occupational diseases and compensable as such under the provisions of this chapter if caused by extreme overexertion in times of stress or danger and a causal relationship can be shown by competent evidence that the disability or death arose out of and was caused by the performance of duties as a volunteer firefighter by a person entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145 and who, for 5 years or more, has served continuously as a volunteer firefighter in this State and who has not reached the age of 55 years before the onset of the disease.

      3.  Except as otherwise provided in subsection 4, each employee who is to be covered for diseases of the heart pursuant to the provisions of this section shall submit to a physical examination, including an examination of the heart, upon employment, upon commencement of coverage and thereafter on an annual basis during his employment.

      4.  A physical examination is not required for a volunteer firefighter more than once every 3 years after an initial examination.

      5.  All physical examinations required pursuant to subsection 3 must be paid for by the employer.

      6.  Failure to correct predisposing conditions which lead to heart disease when so ordered in writing by the examining physician subsequent to the annual examination excludes the employee from the benefits of this section if the correction is within the ability of the employee.

      7.  A person who is determined to be:

      (a) Partially disabled from an occupational disease pursuant to the provisions of this section; and

      (b) Incapable of performing, with or without remuneration, work as a firefighter [or] , arson investigator or police officer,

may elect to receive the benefits provided under NRS 616C.440 for a permanent total disability.

      8.  Claims filed under this section may be reopened at any time during the life of the claimant for further examination and treatment of the claimant upon certification by a physician of a change of circumstances related to the occupational disease which would warrant an increase or rearrangement of compensation.

      Sec. 7.  The amendatory provisions of sections 4, 5 and 6 of this act apply only to claims filed on or after October 1, 2009.

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2009 Statutes of Nevada, Page 548

 

CHAPTER 152, AB 177

Assembly Bill No. 177–Assemblyman Oceguera

 

CHAPTER 152

 

AN ACT relating to motor vehicles; revising provisions governing the liability of a short-term lessee of a passenger car for physical damage or loss of use of the car under certain circumstances; authorizing a short-term lessor to exclude from a waiver of damages losses resulting from the theft of a leased car if the theft is committed by an authorized driver or by a person aided or abetted by an authorized driver; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for certain damage to or loss of use of the car. (NRS 482.31535) Section 4.5 of this bill increases from $500 to $2,500 the amount for which the lessee may be responsible for physical damage or loss of use of the car which occurs as a result of vandalism not related to the theft of the car and not caused by the lessee.

      Under existing law governing the business of short-term leases of passenger cars, a short-term lessor may offer the lessee of a passenger car the opportunity to purchase a “waiver of damages” that relieves the lessee from financial responsibility for certain kinds of damage to the car. (NRS 482.3153, 482.3155-482.31565) Section 5 of this bill authorizes a lessor to exclude from such a waiver any damages or loss attributable to the theft of the leased car if the theft is committed by the lessee or other authorized driver or by a person aided or abetted by such a driver.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4.  (Deleted by amendment.)

      Sec. 4.5.  NRS 482.31535 is hereby amended to read as follows:

      482.31535  1.  Except as otherwise provided in NRS 482.3154, a short-term lessor and a short-term lessee of a passenger car may agree that the lessee will be responsible for:

      (a) Physical damage to the car, up to and including its fair market value, regardless of the cause of the damage.

      (b) Mechanical damage to the car, up to and including its fair market value, resulting from:

            (1) A collision;

            (2) An impact; or

            (3) Any other type of incident,

that is caused by a deliberate or negligent act or omission on the part of the lessee.

      (c) Loss resulting from theft of the car, up to and including its fair market value, except that the lessee is presumed to have no liability for any loss resulting from theft if an authorized driver:

            (1) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

 


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2009 Statutes of Nevada, Page 549 (Chapter 152, AB 177)

 

            (2) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

The lessor may rebut the presumption set forth in this paragraph by establishing that an authorized driver committed or aided and abetted the commission of the theft.

      (d) Physical damage to the car, up to and including its fair market value, resulting from vandalism occurring after or in connection with the theft of the car, except that the lessee has no liability for any damage resulting from vandalism if the lessee has no liability for theft pursuant to paragraph (c).

      (e) Physical damage to the car and loss of use of the car, up to [$500,] $2,500, resulting from vandalism not related to the theft of the car and not caused by the lessee.

      (f) Loss of use of the car if the lessee is liable for damage or loss.

      (g) Actual charges for towing and storage and impound fees paid by the lessor if the lessee is liable for damage or loss.

      (h) An administrative charge that includes the cost of appraisal and other costs incident to the damage, loss, loss of use, repair or replacement of the car.

      2.  For the purposes of this section, the fair market value must be determined in the customary market for the sale of the leased passenger car.

      Sec. 5.  NRS 482.31555 is hereby amended to read as follows:

      482.31555  A short-term lessor may provide in a lease of a passenger car that a waiver of damages does not apply in the following circumstances:

      1.  Damage or loss resulting from an authorized driver’s:

      (a) Intentional, willful, wanton or reckless conduct.

      (b) Operation of the car in violation of NRS 484.379.

      (c) Towing or pushing with the car.

      (d) Operation of the car on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

      2.  Damage or loss occurring when the passenger car is:

      (a) Used for hire.

      (b) Used in connection with conduct that constitutes a felony.

      (c) Involved in a speed test or contest or in driver training activity.

      (d) Operated by a person other than an authorized driver.

      (e) Operated in a foreign country or outside of the States of Nevada, Arizona, California, Idaho, Oregon and Utah, unless the lease expressly provides that the passenger car may be operated in other locations.

      3.  An authorized driver providing:

      (a) Fraudulent information to the short-term lessor.

      (b) False information to the lessor and the lessor would not have leased the passenger car if he had received true information.

      4.  Damage or loss resulting from the theft of the passenger car if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the short-term lessee of the car:

      (a) Has possession of the ignition key furnished by the lessor or establishes that the ignition key furnished by the lessor was not in the car at the time of the theft; and

 


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2009 Statutes of Nevada, Page 550 (Chapter 152, AB 177)

 

      (b) Files an official report of the theft with an appropriate law enforcement agency within 24 hours after learning of the theft and cooperates with the lessor and the law enforcement agency in providing information concerning the theft.

The lessor may rebut the presumption set forth in this subsection by establishing that an authorized driver committed or aided and abetted another person in the commission of the theft.

      Sec. 6.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 153, AB 206

Assembly Bill No. 206–Committee on Health and Human Services

 

CHAPTER 153

 

AN ACT relating to public health; revising provisions relating to reports of sentinel events and patient safety by medical facilities; authorizing health authorities to conduct investigations of cases or suspected cases of an infectious disease or exposure to biological, radiological or chemical agents and to issue cease and desist orders relating to those investigations; authorizing the Health Division of the Department of Health and Human Services to take control of certain medical records under certain circumstances; revising provisions relating to the licensure and discipline of certain medical facilities and facilities for the dependent; requiring the Director of the Office of Consumer Health Assistance to assist consumers in filing certain complaints; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires medical facilities to report certain sentinel events to the Health Division of the Department of Health and Human Services. (NRS 439.800-439.890) Section 2 of this bill requires medical facilities to prepare an annual summary of sentinel events and requires the Health Division to annually report to the State Board of Health concerning those summary reports. Section 3 of this bill authorizes the Health Division to, upon receipt of a report of a sentinel event by a medical facility, request additional information, conduct an audit or conduct an investigation of the facility. Section 9 of this bill authorizes the imposition of an administrative sanction to a medical facility that fails to submit a report of a sentinel event, does not have a patient safety plan or does not have a patient safety committee as required by law. (NRS 439.835, 439.865, 439.875, 439.885) Section 10 of this bill changes the authority to adopt regulations relating to reports of sentinel events from the Administrator of the Health Division to the State Board of Health. (NRS 439.890)

      Existing law establishes the office of the State Health Officer and establishes county, district and city boards of health. (NRS 439.090-439.130, 439.280-439.470) Existing law further prescribes the duties and responsibilities of those health authorities, including the prevention and control of nuisances, regulation of sanitation, protection of the public health and investigation of certain communicable diseases. (Chapters 439 and 441A of NRS) Sections 13-17 of this bill authorize health authorities to: (1) conduct investigations concerning infectious diseases or exposure to biological, radiological or chemical agents which significantly impair the health, safety or welfare of the public; (2) petition the court for a subpoena to compel the production of information relevant to those investigations; and (3) issue cease and desist orders against a provider of health care or medical facility subject to such an investigation.

 


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      Section 21 of this bill provides that if the Health Division suspends the license of a medical facility or facility for the dependent, the Health Division may take control of certain medical records of the facility and requires the State Board of Health to adopt regulations to pay for the services of a contractor to oversee the seizure and control of such records.

      Existing law prohibits a medical facility, physician or osteopathic physician from retaliating or discriminating against an employee who reports information concerning the conduct of a physician or osteopathic physician to the Board of Medical Examiners or the State Board of Osteopathic Medicine, reports a sentinel event to the Health Division of the Department of Health and Human Services or cooperates or participates in an investigation or proceeding conducted by the Board of Medical Examiners, the State Board of Osteopathic Medicine or another governmental entity concerning the conduct or sentinel event. Existing law also prohibits such retaliation or discrimination against a registered nurse, licensed practical nurse or nursing assistant who refuses to provide nursing services that he does not have the knowledge, skill or experience to provide. (NRS 449.205)

      Section 22 of this bill requires a medical facility to prepare and post a written notice for the employees of the medical facility and the nurses and nursing assistants who contract with the medical facility regarding these protections from retaliation and discrimination and the process for making a report.

      Section 23 of this bill amends existing provisions governing administrative sanctions against a medical facility or facility for the dependent which violates applicable laws and regulations by authorizing the Health Division to impose sanctions at a rate of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation. (NRS 449.163)

      Existing law authorizes the Health Division to immediately suspend the license of a medical facility, facility for the dependent or other licensed facility if the public health, safety or welfare imperatively requires such suspension. (NRS 233B.127, 449.170) Section 24 of this bill amends existing law to specifically reference summary suspensions issued pursuant to NRS 233B.127. (NRS 449.170)

      Existing law requires the Health Division to provide a copy of the results of certain inspections of certain medical facilities to any person who requests a copy of the report. Section 25 of this bill requires the Health Division to complete a report of each investigation and to include in the report any recommendations of a health authority that also conducted an investigation of the facility. (NRS 449.200)

      Section 26 of this bill amends the duties of the Director of the Office for Consumer Health Assistance to require the Director to provide assistance to consumers who wish to file a complaint against a health care facility or a health care professional. (NRS 223.560)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth in sections 2 and 3 of this act.

      Sec. 2.  1.  On or before March 1 of each year, each medical facility shall provide to the Health Division, in the form prescribed by the State Board of Health, a summary of the reports submitted by the medical facility pursuant to NRS 439.835 during the immediately preceding calendar year. The summary must include, without limitation:

      (a) The total number and types of sentinel events reported by the medical facility, if any;

      (b) A copy of the patient safety plan established pursuant to NRS 439.865;

      (c) A summary of the membership and activities of the patient safety committee established pursuant to NRS 439.875; and

 


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2009 Statutes of Nevada, Page 552 (Chapter 153, AB 206)

 

      (d) Any other information required by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835.

      2.  On or before June 1 of each year, the Health Division shall submit to the State Board of Health an annual summary of the reports and information received by the Health Division pursuant to this section. The annual summary must include, without limitation, a compilation of the information submitted pursuant to subsection 1 and any other pertinent information deemed necessary by the State Board of Health concerning the reports submitted by the medical facility pursuant to NRS 439.835. The Health Division shall maintain the confidentiality of the reports submitted pursuant to NRS 439.835 and any other information requested by the State Board of Health concerning those reports when preparing the annual summary pursuant to this section.

      Sec. 3.  1.  Upon receipt of a report pursuant to NRS 439.835, the Health Division may, as often as deemed necessary by the Administrator to protect the health and safety of the public, request additional information regarding the sentinel event or conduct an audit or investigation of the medical facility.

      2.  A medical facility shall provide to the Health Division any information requested in furtherance of a request for information, an audit or an investigation pursuant to this section.

      3.  If the Health Division conducts an audit or investigation pursuant to this section, the Health Division shall, within 30 days after completing such an audit or investigation, report its findings to the State Board of Health.

      4.  A medical facility which is audited or investigated pursuant to this section shall pay to the Health Division the actual cost of conducting the audit or investigation.

      Sec. 4.  NRS 439.565 is hereby amended to read as follows:

      439.565  1.  Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter, provisions of law requiring the immunization of children in public schools, private schools and child care facilities, any regulation of the State Board of Health or any regulation of a county, district or city board of health approved by the State Board of Health pursuant to this chapter may be enjoined by any court of competent jurisdiction.

      2.  Actions for injunction under this section may be prosecuted by the Attorney General, any district attorney in this State or any retained counsel of any local board of health in the name and upon the complaint of the State Board of Health or any local board of health, or upon the complaint of the State Health Officer or of any local health officer or his deputy.

      3.  A court may issue a permanent or temporary injunction, restraining order or other appropriate order pursuant to this section.

      Sec. 5.  NRS 439.800 is hereby amended to read as follows:

      439.800  As used in NRS 439.800 to 439.890, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, have the meanings ascribed to them in those sections.

 


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2009 Statutes of Nevada, Page 553 (Chapter 153, AB 206)

 

      Sec. 6.  NRS 439.802 is hereby amended to read as follows:

      439.802  “Facility-acquired infection” means a localized or systemic condition which results from an adverse reaction to the presence of an infectious agent or its toxins and which was not detected as present or incubating at the time a patient was admitted to a medical facility, including, without limitation:

      1.  Surgical site infections;

      2.  Ventilator-associated pneumonia;

      3.  Central line-related bloodstream infections;

      4.  Urinary tract infections; and

      5.  Other categories of infections as may be established by the [Administrator] State Board of Health by regulation pursuant to NRS 439.890.

      Sec. 7.  NRS 439.835 is hereby amended to read as follows:

      439.835  1.  Except as otherwise provided in subsection 2:

      (a) A person who is employed by a medical facility shall, within 24 hours after becoming aware of a sentinel event that occurred at the medical facility, notify the patient safety officer of the facility of the sentinel event; and

      (b) The patient safety officer shall, within 13 days after receiving notification pursuant to paragraph (a), report the date, the time and a brief description of the sentinel event to:

            (1) The Health Division; and

            (2) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

      2.  If the patient safety officer of a medical facility personally discovers or becomes aware, in the absence of notification by another employee, of a sentinel event that occurred at the medical facility, the patient safety officer shall, within 14 days after discovering or becoming aware of the sentinel event, report the date, time and brief description of the sentinel event to:

      (a) The Health Division; and

      (b) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

      3.  The [Administrator] State Board of Health shall prescribe the manner in which reports of sentinel events must be made pursuant to this section.

      Sec. 8.  NRS 439.840 is hereby amended to read as follows:

      439.840  1.  The Health Division shall, to the extent of legislative appropriation and authorization:

      (a) Collect and maintain reports received pursuant to NRS 439.835 [;] and section 2 of this act and any additional information requested by the Health Division pursuant to section 3 of this act; and

      (b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access.

      2.  Except as otherwise provided in NRS 239.0115, reports received pursuant to NRS 439.835 and subsection 1 of section 2 of this act and any additional information requested by the Health Division pursuant to section 3 of this act are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

 


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      Sec. 9.  NRS 439.885 is hereby amended to read as follows:

      439.885  1.  If a medical facility:

      [1.] (a) Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and sections 2 and 3 of this act or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

      [2.] (b) Of its own volition, reports the violation to the Administrator,

such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

      2.  If a medical facility commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and sections 2 and 3 of this act and does not, of its own volition, report the violation to the Administrator, the Health Division may, in accordance with the provisions of subsection 3, impose an administrative sanction:

      (a) For failure to report a sentinel event, in an amount not to exceed $100 per day for each day after the date on which the sentinel event was required to be reported pursuant to NRS 439.835;

      (b) For failure to adopt and implement a patient safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each month in which a patient safety plan was not in effect; and

      (c) For failure to establish a patient safety committee or failure of such a committee to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed $2,000 for each violation of that section.

      3.  Before the Health Division imposes an administrative sanction pursuant to subsection 2, the Health Division shall provide the medical facility with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If a medical facility wants to contest the action, the facility may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Health Division shall hold a hearing in accordance with those regulations.

      4.  An administrative sanction collected pursuant to this section must be accounted for separately and used by the Health Division to provide training and education to employees of the Health Division, employees of medical facilities and members of the general public regarding issues relating to the provision of quality and safe health care.

      Sec. 10.  NRS 439.890 is hereby amended to read as follows:

      439.890  The [Administrator] State Board of Health shall adopt such regulations as the [Administrator] the Board determines to be necessary or advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive [.] , and sections 2 and 3 of this act.

      Sec. 11.  Chapter 441A of NRS is hereby amended by adding thereto the provisions set forth as sections 12 to 17, inclusive, of this act.

      Sec. 12.  “Infectious disease” means a disease which is caused by pathogenic microorganisms, including, without limitation, bacteria, viruses, parasites or fungi, which spread, either directly or indirectly, from one person to another. The term includes a communicable disease.

      Sec. 13.  1.  Except as otherwise required pursuant to NRS 441A.160, a health authority may conduct an investigation of a case or suspected case of:

 


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2009 Statutes of Nevada, Page 555 (Chapter 153, AB 206)

 

      (a) An infectious disease within its jurisdiction; or

      (b) Exposure to a biological, radiological or chemical agent within its jurisdiction,

which significantly impairs the health, safety or welfare of the public within its jurisdiction.

      2.  Each health authority shall:

      (a) Except as otherwise required pursuant to NRS 441A.170, report each week to the State Health Officer the number and types of cases or suspected cases of infectious diseases or cases or suspected cases of exposure to biological, radiological or chemical agents which significantly impair the health, safety or welfare of the public reported to the health authority, and any other information required by the regulations of the Board.

      (b) Report the results of an investigation conducted pursuant to subsection 1 to the State Health Officer within 30 days after concluding the investigation.

      3.  The Board may adopt regulations to carry out the provisions of sections 13 to 17, inclusive, of this act.

      Sec. 14.  1.  A health authority which conducts an investigation pursuant to NRS 441A.160 or section 13 of this act shall, for the protection of the health, safety and welfare of the public, have access to all medical records, laboratory records and reports, books and papers relevant to the investigation which are in the possession of a provider of health care or medical facility being investigated or which are otherwise necessary to carry out the investigation. The determination of what information is necessary to carry out the investigation is at the discretion of the health authority.

      2.  If a health authority conducts an investigation pursuant to NRS 441A.160 or section 13 of this act, the health authority may require a provider of health care or medical facility being investigated to pay a proportionate share of the actual cost of carrying out the investigation, including, without limitation, the cost of notifying and testing patients who may have contracted an infectious disease, been exposed to a biological, radiological or chemical agent or otherwise been harmed.

      Sec. 15.  1.  Upon petition by a health authority to the district court for the county in which an investigation is being conducted by the health authority pursuant to NRS 441A.160 or section 13 of this act, the court may issue a subpoena to compel the production of medical records, laboratory records and reports, books and papers as set forth in section 14 of this act.

      2.  If a witness refuses to produce any medical records, laboratory records and reports, books or papers required by a subpoena issued by a court pursuant to subsection 1, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why he has not produced the medical records, laboratory records and reports, books or papers before the health authority. A certified copy of the order must be served upon the witness. The court may enter an order that the witness appear before the health authority at the time and place fixed in the order and produce the required medical records, laboratory records and reports, books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

 


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medical records, laboratory records and reports, books or papers, and upon failure to obey the order, the witness must be dealt with as for contempt of court.

      Sec. 16.  1.  A public agency, law enforcement agency or political subdivision of this State which has information that is relevant to an investigation relating to an infectious disease or exposure to a biological, radiological or chemical agent which significantly impairs the health, safety and welfare of the public shall share the information and any medical records and reports with the appropriate state and local health authorities if it is in the best interest of the public and as necessary to further the investigation of the requesting health authority.

      2.  The Board shall adopt regulations to carry out this section, including, without limitation:

      (a) Identifying the public agencies and political subdivisions with which the information set forth in subsection 1 may be shared;

      (b) Prescribing the circumstances and procedures by which the information may be shared with those identified public agencies and political subdivisions; and

      (c) Ensuring the confidentiality of the information if it is protected health information.

      Sec. 17.  1.  During the course of or as a result of an investigation concerning the case or suspected case of an infectious disease or the case or suspected case of exposure to a biological, radiological or chemical agent pursuant to NRS 441A.160 or section 13 of this act, a health authority may, upon finding that a provider of health care or medical facility significantly contributed to a case of an infectious disease or to a case of exposure to a biological, radiological or chemical agent and that the public health imperatively requires:

      (a) Issue a written order directing the provider of health care or medical facility to cease and desist any act or conduct which is harmful to the health, safety or welfare of the public; and

      (b) Take any other action to reduce or eliminate the harm to the health, safety or welfare of the public.

      2.  A written order directing a provider of health care or medical facility to cease and desist issued pursuant to subsection 1 must contain a statement of the:

      (a) Provision of law or regulation which the provider of health care or medical facility is violating; or

      (b) Standard of care that the provider of health care or medical facility is violating which led to the case of the infectious disease or to the case of exposure to a biological, radiological or chemical agent.

      3.  An order to cease and desist must be served upon the person or an authorized representative of the facility directly or by certified or registered mail, return receipt requested. The order becomes effective upon service.

      4.  An order to cease and desist expires 30 days after the date of service unless the health authority institutes an action in a court of competent jurisdiction seeking an injunction.

      5.  Upon a showing by the health authority that a provider of health care or medical facility is committing or is about to commit an act which is harmful to the health, safety or welfare of the public, a court of competent jurisdiction may enjoin the provider of health care or medical facility from committing the act.

 


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      Sec. 18.  NRS 441A.010 is hereby amended to read as follows:

      441A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 441A.020 to 441A.115, inclusive, and section 12 of this act have the meanings ascribed to them in those sections.

      Sec. 19.  NRS 441A.130 is hereby amended to read as follows:

      441A.130  The State Health Officer shall inform each local health officer of the regulations adopted by the Board and the procedures established for investigating and reporting cases or suspected cases of [communicable] infectious diseases [.] and cases or suspected cases of exposure to biological, radiological or chemical agents pursuant to this chapter.

      Sec. 20.  Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth in sections 21 and 22 of this act.

      Sec. 21.  1.  If the Health Division suspends the license of a medical facility or a facility for the dependent pursuant to the provisions of this chapter, or if a facility otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Health Division may, if deemed necessary by the Administrator of the Health Division, take control of and ensure the safety of the medical records of the facility.

      2.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Health Division shall:

      (a) Maintain the confidentiality of the medical records obtained pursuant to subsection 1.

      (b) Share medical records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the facility or to license the owners or employees of the facility.

      (c) Release a medical record obtained pursuant to subsection 1 to the patient or legal guardian of the patient who is the subject of the medical record.

      3.  The State Board of Health shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any medical records under the control of the Health Division pursuant to subsection 1 and for payment by the facility of the cost of maintaining medical records.

      Sec. 22.  1.  A medical facility shall prepare a written notice for the employees of the medical facility and for the nurses and nursing assistants who contract with the medical facility regarding the protections provided for actions taken pursuant to subsection 1 of NRS 449.205 and the legal remedy provided pursuant to NRS 449.207. The notice must include the process by which an employee, nurse or nursing assistant may make a report pursuant to subsection 1 of NRS 449.205.

      2.  A medical facility shall:

      (a) Post in one or more conspicuous places at the medical facility the notice prepared pursuant to subsection 1; and

      (b) Include the text of the written notice in any manual or handbook that the medical facility provides to employees and nurses and nursing assistants who contract with the medical facility concerning employment practices at the medical facility.

 


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      Sec. 23.  NRS 449.163 is hereby amended to read as follows:

      449.163  1.  If a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 [,] or 449.001 to 449.240, inclusive, and section 21 of this act, or any condition, standard or regulation adopted by the Board, the Health Division in accordance with the regulations adopted pursuant to NRS 449.165 may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (d) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

            (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

            (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (c) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (c) of subsection 1, the Health Division may:

      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      [3.] 4.  The Health Division may require any facility that violates any provision of NRS 439B.410 [,] or 449.001 to 449.240, inclusive, and section 21 of this act, or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.

      [4.] 5.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the residents of the facility in accordance with applicable federal standards.

      Sec. 24.  NRS 449.170 is hereby amended to read as follows:

      449.170  1.  When the Health Division intends to deny, suspend or revoke a license, or impose any sanction prescribed by NRS 449.163, it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Health Division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license pursuant to this section and NRS 233B.127 or impose any sanction prescribed by NRS 449.163, pending proceedings for revocation or other action.

 


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      2.  If a person wants to contest the action of the Health Division, he must file an appeal pursuant to regulations adopted by the Board.

      3.  Upon receiving notice of an appeal, the Health Division shall hold a hearing pursuant to regulations adopted by the Board.

      4.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 25.  NRS 449.200 is hereby amended to read as follows:

      449.200  The Health Division shall [, upon] :

      1.  Prepare a report of the results of its inspections of medical facilities and facilities for the dependent regarding compliance with applicable regulations and standards. The report must be provided to the facility and include, without limitation, a recommendation of the Health Division for correcting any deficiencies and, if a deficiency is discovered as a result of an investigation by a county, district or city board of health or health officer, the recommendations of the board or health officer.

      2.  Upon request, disclose to any person or governmental entity the results of its inspections of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups regarding their compliance with applicable regulations and standards.

      Sec. 26.  NRS 223.560 is hereby amended to read as follows:

      223.560  The Director shall:

      1.  Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;

      2.  Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      3.  Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:

      (a) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and

      (b) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;

      4.  Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;

      5.  Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;

      6.  Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Director pursuant to this section;

      7.  In appropriate cases and pursuant to the direction of the Governor, refer a complaint or the results of an investigation to the Attorney General for further action;

 


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      8.  Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services; [and]

      9.  Establish and maintain an Internet website which includes:

      (a) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;

      (b) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and

      (c) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State [.] ; and

      10.  Assist consumers with filing complaints against health care facilities and health care professionals. As used in this subsection, “health care facility” has the meaning ascribed to it in NRS 449.800.

      Sec. 27.  NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit annually to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the [Administrator of the Health Division of the Department of Health and Human Services] State Board of Health for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to subsection 8 of NRS 630.306.

      4.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1 and 2; and

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

      5.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      6.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

 


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induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      7.  In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      8.  As used in this section:

      (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      (c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 28.  NRS 633.524 is hereby amended to read as follows:

      633.524  1.  The Board shall require each holder of a license to practice osteopathic medicine issued pursuant to this chapter to submit annually to the Board, on a form provided by the Board, and in the format required by the Board by regulation, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice osteopathic medicine to submit a report annually to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the [Administrator of the Health Division of the Department of Health and Human Services] State Board of Health for reporting information pursuant to NRS 439.835.

 


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      3.  Each holder of a license to practice osteopathic medicine shall submit the report required pursuant to subsections 1 and 2 whether or not he performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to NRS 633.511.

      4.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1 and 2; and

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access.

      5.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1 or 2 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      6.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      7.  In addition to any other remedy or penalty, if a holder of a license to practice osteopathic medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice osteopathic medicine with notice and opportunity for a hearing, impose against the holder of a license an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license to practice osteopathic medicine. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      8.  As used in this section:

      (a) “Conscious sedation” means a minimally depressed level of consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, in which the patient retains the ability independently and continuously to maintain an airway and to respond appropriately to physical stimulation and verbal commands.

      (b) “Deep sedation” means a controlled state of depressed consciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by a partial loss of protective reflexes and the inability to respond purposefully to verbal commands.

      (c) “General anesthesia” means a controlled state of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or a combination thereof, and accompanied by partial or complete loss of protective reflexes and the inability independently to maintain an airway and respond purposefully to physical stimulation or verbal commands.

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

 


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      Sec. 29.  Any regulations adopted by the Administrator of the Health Division of the Department of Health and Human Services before July 1, 2009, pursuant to NRS 439.800 to 439.890, inclusive, and section 2 of this act remain in effect and may be enforced by the State Board of Health until the Board adopts regulations to repeal or replace those regulations.

      Sec. 30.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 154, AB 230

Assembly Bill No. 230–Assemblyman Segerblom

 

CHAPTER 154

 

AN ACT relating to concealed firearms; providing that certain retired law enforcement officers must be offered the opportunity to obtain the firearms qualification that is necessary for certification to carry a concealed firearm at least twice per year; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes a retired law enforcement officer who is a resident of this State to apply to the sheriff of the county in which he resides for certification to become a qualified retired law enforcement officer. (NRS 202.3678) Such certification confirms that the retired law enforcement officer meets the requirements to carry a concealed firearm under Nevada law and federal law. (NRS 202.350; 18 U.S.C. ง 926C(d)) This bill requires the law enforcement agency from which a law enforcement officer retired to offer the retired law enforcement officer the opportunity to obtain the firearms qualification that is necessary to obtain such certification at least twice per year.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 202.3678 is hereby amended to read as follows:

      202.3678  1.  A retired law enforcement officer who is a resident of this State may apply, on a form prescribed by regulation of the Department, to the sheriff of the county in which he resides for any certification required pursuant to 18 U.S.C. ง 926C(d) to become a qualified retired law enforcement officer. Application forms for certification must be provided by the sheriff of each county upon request.

      2.  A law enforcement agency in this State shall offer a retired law enforcement officer who retired from the law enforcement agency the opportunity to obtain the firearms qualification that is necessary to obtain the certification from the sheriff pursuant to subsection 1 at least twice per year at the same facility at which the law enforcement agency provides firearms training for its active law enforcement officers. The law enforcement agency may impose a nonrefundable fee in the amount necessary to pay the expenses for providing the firearms qualification.

      3.  The sheriff shall provide the certification pursuant to subsection 1 to a retired law enforcement officer who submits a completed application and pays any fee required pursuant to this subsection [3] if the sheriff determines that the officer meets the standards for training and qualifications.

 


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pays any fee required pursuant to this subsection [3] if the sheriff determines that the officer meets the standards for training and qualifications.

      [3.]  The sheriff may impose a nonrefundable fee in the amount necessary to pay the expenses in providing the certification.

      4.  As used in this section [, “qualified] :

      (a) “Law enforcement agency” has the meaning ascribed to it in NRS 239C.065.

      (b) “Qualified retired law enforcement officer” has the meaning ascribed to it in 18 U.S.C. ง 926C.

________

 

CHAPTER 155, AB 236

Assembly Bill No. 236–Assemblymen Grady; Gansert, Goedhart, Goicoechea and Settelmeyer (by request)

 

Joint Sponsor: Senator Amodei

 

CHAPTER 155

 

AN ACT relating to water conservation; revising the provisions governing grants of money for water conservation and capital improvements to certain water systems to include a nonprofit association or nonprofit cooperative corporation that provides water service only to its members; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law: (1) establishes a program to provide grants of money to purveyors of water and eligible recipients to pay for the costs of capital improvements to certain publicly owned water systems made necessary by federal law and to pay for the cost of improvements to conserve water; and (2) defines “eligible recipient” for the purposes of the program to mean a political subdivision of this State. (NRS 349.981) This bill expands the definition of “eligible recipient” to include a nonprofit association or nonprofit cooperative corporation that provides water service only to its members. This bill also provides that the prevailing wage requirements apply to any construction work which is paid for in whole or in part by a grant from the program to such a nonprofit association or nonprofit cooperative corporation that is an eligible recipient.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 349.981 is hereby amended to read as follows:

      349.981  1.  There is hereby established a program to provide grants of money to:

      (a) A purveyor of water to pay for costs of capital improvements to publicly owned community water systems and publicly owned nontransient water systems required or made necessary by the State Environmental Commission pursuant to NRS 445A.800 to 445A.955, inclusive, or made necessary by the Safe Drinking Water Act, 42 U.S.C. งง 300f et seq., and the regulations adopted pursuant thereto.

 


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2009 Statutes of Nevada, Page 565 (Chapter 155, AB 236)

 

      (b) An eligible recipient to pay for the cost of improvements to conserve water, including, without limitation:

            (1) Piping or lining of an irrigation canal;

            (2) Recovery or recycling of wastewater or tailwater;

            (3) Scheduling of irrigation;

            (4) Measurement or metering of the use of water;

            (5) Improving the efficiency of irrigation operations; and

            (6) Improving the efficiency of the operation of a facility for the storage of water, including, without limitation, efficiency in diverting water to such a facility.

      (c) An eligible recipient to pay the following costs associated with connecting a domestic well or well with a temporary permit to a municipal water system, if the well was in existence on or before October 1, 1999, and the well is located in an area designated by the State Engineer pursuant to NRS 534.120 as an area where the groundwater basin is being depleted:

            (1) Any local or regional fee for connection to the municipal water system.

            (2) The cost of any capital improvement that is required to comply with a decision or regulation of the State Engineer.

      (d) An eligible recipient to pay the following costs associated with abandoning an individual sewage disposal system and connecting the property formerly served by the abandoned individual sewage disposal system to a community sewage disposal system, if the Division of Environmental Protection requires the individual sewage disposal system to be abandoned and the property upon which the individual sewage disposal system was located to be connected to a community sewage disposal system pursuant to the provisions of NRS 445A.300 to 445A.730, inclusive, or any regulations adopted pursuant thereto:

            (1) Any local or regional fee for connection to the community sewage disposal system.

            (2) The cost of any capital improvement that is required to comply with a statute of this State or a decision, directive, order or regulation of the Division of Environmental Protection.

      (e) An eligible recipient to pay the following costs associated with connecting a well to a municipal water system, if the quality of the water of the well fails to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. งง 300f et seq., and the regulations adopted pursuant thereto:

            (1) Any local or regional fee for connection to the municipal water system.

            (2) The cost of any capital improvement that is required for the water quality in the area where the well is located to comply with the standards of the Safe Drinking Water Act, 42 U.S.C. งง 300f et seq., and the regulations adopted pursuant thereto.

      2.  Except as otherwise provided in NRS 349.983, the determination of who is to receive a grant is solely within the discretion of the Board.

      3.  For any construction work paid for in whole or in part by a grant provided pursuant to this section to a nonprofit association or nonprofit cooperative corporation that is an eligible recipient, the provisions of NRS 338.013 to 338.090, inclusive, apply to:

 


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2009 Statutes of Nevada, Page 566 (Chapter 155, AB 236)

 

      (a) Require the nonprofit association or nonprofit cooperative corporation to include in the contract for the construction work the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to those statutory provisions.

      (b) Require the nonprofit association or nonprofit cooperative corporation to comply with those statutory provisions in the same manner as if it was a public body that had undertaken the project or had awarded the contract.

      (c) Require the contractor who is awarded the contract for the construction work, or a subcontractor on the project, to comply with those statutory provisions in the same manner as if he was a contractor or subcontractor, as applicable, engaged on a public work.

      4.  As used in this section, “eligible recipient” means [a] :

      (a) A political subdivision of this State, including, without limitation, a city, county, unincorporated town, water authority, conservation district, irrigation district, water district or water conservancy district.

      (b) A nonprofit association or nonprofit cooperative corporation that provides water service only to its members.

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

________

 

CHAPTER 156, AB 239

Assembly Bill No. 239–Assemblymen Ohrenschall; Horne, Munford and Segerblom

 

CHAPTER 156

 

AN ACT relating to crimes; revising provisions relating to habitual criminals; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law generally authorizes a prosecuting attorney to prosecute a person as a habitual criminal, punishable as a category B felony, if the person: (1) is convicted of petit larceny, a crime which involves fraud or the intent to defraud, or any felony; and (2) has previously been convicted two times of a felony or three times of petit larceny or certain other crimes involving fraud or the intent to defraud. This bill removes the provisions concerning convictions and prior convictions for petit larceny or certain crimes involving fraud or the intent to defraud. Thus, a person may be prosecuted as a habitual criminal, punishable as a category B felony, if he is convicted of a felony and has previously been convicted two times of a felony. (NRS 207.010)

      Existing law provides that a person may be prosecuted as a habitual criminal, punishable as a category A felony, if the person: (1) is convicted of a felony; and (2) has previously been convicted three times of a felony or five times of petit larceny or certain other crimes which involve fraud or the intent to defraud. This bill removes the provisions concerning prior convictions for petit larceny or certain crimes involving fraud or the intent to defraud. Thus, a person may be prosecuted as a habitual criminal, punishable as a category A felony, if he is convicted of a felony and has previously been convicted three times of a felony. (NRS 207.010)

 


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2009 Statutes of Nevada, Page 567 (Chapter 156, AB 239)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 207.010 is hereby amended to read as follows:

      207.010  1.  Unless the person is prosecuted pursuant to NRS 207.012 or 207.014, a person convicted in this State of:

      (a) Any [crime of which fraud or intent to defraud is an element, or of petit larceny, or of any] felony, who has previously been two times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony [, or who has previously been three times convicted, whether in this State or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or intent to defraud is an element,] is a habitual criminal and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years.

      (b) Any felony, who has previously been three times convicted, whether in this State or elsewhere, of any crime which under the laws of the situs of the crime or of this State would amount to a felony [, or who has previously been five times convicted, whether in this State or elsewhere, of petit larceny, or of any misdemeanor or gross misdemeanor of which fraud or the intent to defraud is an element,] is a habitual criminal and shall be punished for a category A felony by imprisonment in the state prison:

            (1) For life without the possibility of parole;

            (2) For life with the possibility of parole, with eligibility for parole beginning when a minimum of 10 years has been served; or

            (3) For a definite term of 25 years, with eligibility for parole beginning when a minimum of 10 years has been served.

      2.  It is within the discretion of the prosecuting attorney whether to include a count under this section in any information or file a notice of habitual criminality if an indictment is found. The trial judge may, at his discretion, dismiss a count under this section which is included in any indictment or information.

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

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2009 Statutes of Nevada, Page 568

 

CHAPTER 157, AB 327

Assembly Bill No. 327–Assemblymen Denis; Arberry, Kihuen and Munford

 

CHAPTER 157

 

AN ACT relating to higher education; requiring the Board of Regents of the University of Nevada to submit a biennial report to the Director of the Legislative Counsel Bureau for submission to the Legislature concerning the participation of certain protected classes in the Nevada System of Higher Education; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      This bill requires the Board of Regents of the University of Nevada to submit a report to the Director of the Legislative Counsel Bureau for submission to the Legislature every other year concerning the participation of ethnic and racial minorities, women and other members of protected classes in the Nevada System of Higher Education, and to make that report available to the public. The report must include information about the number of students and employees divided by ethnic category and gender, any information about how policy changes may have affected the number of members of protected classes enrolled at or employed by the System, and the efforts by the System to enroll and retain students in underrepresented ethnic and racial categories.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board of Regents of the University of Nevada shall, not later than February 1 of each odd-numbered year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, a report concerning the participation of ethnic and racial minorities, women and other members of protected classes in the System. The report must cover each of the immediately preceding 2 academic years.

      2.  The Board shall make the report submitted pursuant to subsection 1 available to the general public, including publishing it on the website maintained by the System.

      3.  The report must include, but is not limited to:

      (a) The number of students divided by ethnic category;

      (b) The number of employees divided by ethnic category and occupational classification, as defined by the National Center for Education Statistics;

      (c) The number of students divided by gender;

      (d) The number of employees divided by gender and occupational classification, as defined by the National Center for Education Statistics;

      (e) Any information necessary to determine the impact of policy changes on the number of protected classes specified in subsection 1 who are enrolled at or employed by the System;

      (f) The efforts of each institution to increase the enrollment in underrepresented ethnic and racial categories through outreach programs and recruitment to maintain levels of minority enrollment comparable to the distribution of the population of the State; and

 


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2009 Statutes of Nevada, Page 569 (Chapter 157, AB 327)

 

and recruitment to maintain levels of minority enrollment comparable to the distribution of the population of the State; and

      (g) The efforts of each institution to retain and graduate students in underrepresented ethnic and racial categories through retention and other related programs.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 158, AB 329

Assembly Bill No. 329–Assemblymen Goicoechea; Carpenter, Gansert, Goedhart, Grady, Gustavson, Hambrick, Settelmeyer, Stewart and Woodbury (by request)

 

Joint Sponsors: Senators Rhoads; and McGinness

 

CHAPTER 158

 

AN ACT relating to taxation; authorizing the board of county commissioners of certain smaller counties to use the money from a sales and use tax to support the operation and maintenance of a county recreational facility; requiring the county treasurer to deposit the money received in the appropriate fund; authorizing the imposition of the tax in White Pine County without further approval of the voters; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      On November 5, 2002, the voters in White Pine County approved County Question No. 10, concerning the operation and maintenance of a county swimming pool facility. During the 2003 Legislative Session, a one-quarter of 1 percent sales tax was imposed to support the operation and maintenance of a county swimming pool. Sections 1 and 2 of this bill amend NRS to provide that the money collected from the tax may be used for the operation and maintenance of a county swimming pool and recreational facility. (NRS 377A.020, 377A.030) Section 3 of this bill authorizes the Board of County Commissioners to use the money in the fund for the county swimming pool to include the operation and maintenance of a county recreational facility. (NRS 377A.062)

      This bill further clarifies that no other approval by the voters is required for the imposition of the tax because on November 5, 2002, voters in White Pine County approved County Question No. 10, concerning the imposition of a sales and use tax for the operation and maintenance of a county swimming pool facility.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 377A.020 is hereby amended to read as follows:

      377A.020  1.  The board of county commissioners of:

      (a) Any county may enact an ordinance imposing a tax for a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes pursuant to NRS 377A.030.

 


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2009 Statutes of Nevada, Page 570 (Chapter 158, AB 329)

 

      (b) Any county whose population is less than 400,000 may enact an ordinance imposing a tax to promote tourism pursuant to NRS 377A.030.

      (c) Any county whose population is less than 15,000 may enact an ordinance imposing a tax to support the operation and maintenance of a county swimming pool and recreational facility pursuant to NRS 377A.030.

      (d) Any county whose population is less than 100,000 may enact an ordinance imposing a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes pursuant to NRS 377A.030. The duration of the levy of a tax imposed pursuant to this paragraph must not exceed 30 years.

      2.  An ordinance enacted pursuant to this chapter may not become effective before a question concerning the imposition of the tax is approved by a majority of the registered voters of the county voting upon the question which the board may submit to the voters at any general election. A county may combine a question concerning the imposition of a tax described in subsection 1 with questions submitted pursuant to NRS 244.3351, 278.710 or 371.045, or any combination thereof. The board shall also submit to the voters at a general election any proposal to increase the rate of the tax or change the previously approved uses for the proceeds of the tax.

      3.  Any ordinance enacted pursuant to this section must specify the date on which the tax must first be imposed or on which an increase in the rate of the tax becomes effective, which must be the first day of the first calendar quarter that begins at least 120 days after the approval of the question by the voters.

      Sec. 2.  NRS 377A.030 is hereby amended to read as follows:

      377A.030  Except as otherwise provided in NRS 377A.110, any ordinance enacted under this chapter must include provisions in substance as follows:

      1.  A provision imposing a tax upon retailers at the rate of not more than:

      (a) For a tax to promote tourism, one-quarter of 1 percent;

      (b) For a tax to establish and maintain a public transit system, for the construction, maintenance and repair of public roads, for the improvement of air quality or for any combination of those purposes, one-half of 1 percent;

      (c) For a tax to support the operation and maintenance of a county swimming pool [,] and recreational facility, one-quarter of 1 percent; or

      (d) For a tax to acquire, develop, construct, equip, operate, maintain, improve and manage libraries, parks, recreational programs and facilities, and facilities and services for senior citizens, and to preserve and protect agriculture, or for any combination of those purposes, one-quarter of 1 percent,

of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in a county.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

      3.  A provision that all amendments to chapter 374 of NRS after the date of enactment of the ordinance, not inconsistent with this chapter, automatically become a part of the ordinance.

 


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2009 Statutes of Nevada, Page 571 (Chapter 158, AB 329)

 

      4.  A provision that the county shall contract before the effective date of the ordinance with the Department to perform all functions incident to the administration or operation of the tax in the county.

      5.  A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed upon the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property, entered into on or before the effective date of the tax or the increase in the tax, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the tax or the increase in the tax.

      Sec. 3.  NRS 377A.062 is hereby amended to read as follows:

      377A.062  1.  The county treasurer shall deposit money received from the State Controller pursuant to NRS 377A.050 to support the operation and maintenance of a county swimming pool and recreational facility in the county treasury for credit to a fund to be known as the fund for the county swimming pool.

      2.  The fund for the county swimming pool must be accounted for as a separate fund and not as a part of any other fund.

      3.  The board of county commissioners may use money in the fund for the county swimming pool [only] to support the operation and maintenance of a county swimming pool [.] and recreational facility.

      Sec. 4.  The approval by the voters on November 5, 2002, of County Question No. 10, concerning the operation and maintenance of a county swimming pool facility, on the 2002 general election ballot for White Pine County shall be deemed to constitute approval by the voters of the imposition of a tax pursuant to paragraph (c) of subsection 1 of NRS 377A.030 of one-quarter of 1 percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail, or stored, used or otherwise consumed in the county. No other approval by the voters is required for the imposition of that tax in White Pine County.

      Sec. 5.  This act becomes effective on July 1, 2009.

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2009 Statutes of Nevada, Page 572

 

CHAPTER 159, AB 369

Assembly Bill No. 369–Assemblyman Mortenson

 

CHAPTER 159

 

AN ACT relating to taxation; revising the provision providing property tax exemptions for the property of certain nonprofit organizations; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Currently NRS 361.111 provides a tax exemption for property held by the Archaeological Conservancy, Nature Conservancy, American Land Conservancy and Nevada Land Conservancy. The statute requires that the property is held for acquisition by the State or a local governmental unit, and this bill includes the Federal Government as an additional entity. This bill also provides for an additional exemption from taxation if the property is being held indefinitely for purposes of education, environmental protection or conservation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 361.111 is hereby amended to read as follows:

      361.111  1.  Except as otherwise provided in subsections 2 and 3, all real property and improvements thereon acquired by the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy [and held for ultimate acquisition by the State or a local governmental unit are] are exempt from taxation if:

      (a) The property is held for ultimate acquisition by the Federal Government, the State or a local governmental unit and:

            (1) The Federal Government, the State or a local governmental unit has agreed, in writing, that acquisition of the property will be given serious consideration; and

      [(b)] (2) For property for which the State has given the statement required by [paragraph (a),] subparagraph (1), the governing body of the county in which the property is located has approved the potential acquisition of the property by the State [.] ; or

      (b) The property will be held indefinitely and vested in the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy for the purposes of education, environmental protection or conservation.

      2.  When the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes of education, environmental protection or conservation to any person, partnership, association, corporation or entity other than the Federal Government, the State or a local governmental unit, the property must be assessed at the rate set for first-class pasture by the Nevada Tax Commission for each year it was exempt pursuant to subsection 1 and the taxes must be collected as other taxes under this chapter are collected.

 


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2009 Statutes of Nevada, Page 573 (Chapter 159, AB 369)

 

      3.  When the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy transfers property it has held for purposes other than education, environmental protection or conservation to any person, partnership, association, corporation or entity other than the Federal Government, the State or a local governmental unit, the tax imposed by this chapter must be assessed against the property for each year it was exempt pursuant to subsection 1 and collected in the manner provided in this chapter.

      4.  The Nevada Tax Commission shall adopt regulations specifying the criteria for determining when property [has been] is held by the Archaeological Conservancy, Nature Conservancy, American Land Conservancy or Nevada Land Conservancy for purposes of education, environmental protection or conservation.

      Sec. 2.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 160, AB 380

Assembly Bill No. 380–Assemblymen Hambrick, Anderson; Carpenter, Dondero Loop, Horne, Manendo, Ohrenschall and Parnell

 

CHAPTER 160

 

AN ACT relating to crimes; providing for the freezing and forfeiture of the assets of a person who commits certain offenses involving the pandering or prostitution of a child; authorizing a court to impose an additional criminal fine on a person convicted of certain offenses involving the pandering or prostitution of a child; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes several crimes relating to pandering or prostitution, including: (1) pandering by inducing a person to become a prostitute through threats or other actions; (2) pandering by placing a spouse in a house of prostitution through force, fraud, intimidation or threats; (3) living from the earnings of a prostitute; (4) pandering by detaining a person in a house of prostitution because of any debt; and (5) pandering by furnishing transportation to induce a person to become a prostitute or engage in prostitution. (NRS 201.300-201.340)

      Section 2 of this bill provides that: (1) the assets of a person who commits an offense involving the pandering or prostitution of a child are subject to forfeiture; and (2) in a proceeding for such a forfeiture, a temporary restraining order may be entered by the court to freeze the assets of such a person. Sections 2 and 5.5 of this bill require the proceeds of the forfeiture, which remain after satisfying certain protected interests and paying certain expenses related to the forfeiture proceeding, be distributed to programs for the prevention of child prostitution which are designated by the district attorney of the county.

      Section 3 of this bill provides that, in addition to the criminal penalties prescribed by statute, a court may impose additional criminal fines on a person who is convicted of an offense involving pandering or prostitution of a child.

 


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2009 Statutes of Nevada, Page 574 (Chapter 160, AB 380)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 201 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  1.  All assets derived from or relating to any violation of NRS 201.300 to 201.340, inclusive, in which the victim of the offense is a child when the offense is committed are subject to forfeiture pursuant to NRS 179.121 and a proceeding for their forfeiture may be brought pursuant to NRS 179.1156 to 179.121, inclusive.

      2.  In any proceeding for forfeiture brought pursuant to NRS 179.1156 to 179.121, inclusive, the plaintiff may apply for, and a court may issue without notice or hearing, a temporary restraining order to preserve property which would be subject to forfeiture pursuant to this section if:

      (a) The forfeitable property is in the possession or control of the party against whom the order will be entered; and

      (b) The court determines that the nature of the property is such that it can be concealed, disposed of or placed beyond the jurisdiction of the court before a hearing on the matter.

      3.  A temporary restraining order which is issued without notice may be issued for not more than 10 days and may be extended only for good cause or by consent. The court shall provide notice and hold a hearing on the matter before the order expires.

      4.  Any proceeds derived from a forfeiture of property pursuant to this section and remaining after the distribution required by subsection 1 of NRS 179.118 must be deposited with the county treasurer and distributed to programs for the prevention of child prostitution which are designated to receive such distributions by the district attorney of the county.

      Sec. 3.  1.  If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, and the victim of the violation is a child who is:

      (a) At least 14 years of age but less than 18 years of age when the offense is committed, the court may, in addition to the punishment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $100,000.

      (b) Less than 14 years of age when the offense is committed, the court may, in addition to the term of imprisonment prescribed by statute for the offense and any fine imposed pursuant to subsection 2, impose a fine of not more than $500,000.

      2.  If a person is convicted of a violation of any provision of NRS 201.300 to 201.340, inclusive, the victim of the offense is a child when the offense is committed and the offense also involves a conspiracy to commit a violation of NRS 201.300 to 201.340, inclusive, the court may, in addition to the punishment prescribed by statute for the offense of a provision of NRS 201.300 to 201.340, inclusive, and any fine imposed pursuant to subsection 1, impose a fine of not more than $500,000.

      3.  The provisions of subsections 1 and 2 do not create a separate offense but provide an additional penalty for the primary offense, the imposition of which is contingent upon the finding of the prescribed fact.

      Sec. 4.  (Deleted by amendment.)

 


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2009 Statutes of Nevada, Page 575 (Chapter 160, AB 380)

 

      Sec. 5.  NRS 201.295 is hereby amended to read as follows:

      201.295  As used in NRS 201.295 to 201.440, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires:

      1.  “Adult” means a person 18 years of age or older.

      2.  “Child” means a person less than 18 years of age.

      3.  “Prostitute” means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.

      4.  “Prostitution” means engaging in sexual conduct for a fee.

      5.  “Sexual conduct” means any of the acts enumerated in subsection 3.

      Sec. 5.5.  NRS 179.118 is hereby amended to read as follows:

      179.118  1.  The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

      2.  Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

      (a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.

      (b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the Metropolitan Police Committee on Fiscal Affairs pursuant to NRS 179.1187.

      (c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

      (d) If the property was seized pursuant to NRS 200.760, in the State Treasury for credit to the Fund for the Compensation of Victims of Crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.

      (e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to NRS 62E.290.

      (f) If the property was forfeited pursuant to section 2 of this act, with the county treasurer to be distributed in accordance with the provisions of subsection 4 of section 2 of this act.

      Sec. 6.  NRS 179.121 is hereby amended to read as follows:

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

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

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

 


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2009 Statutes of Nevada, Page 576 (Chapter 160, AB 380)

 

      (c) A violation of NRS 202.445 or 202.446;

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

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

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

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

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

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

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

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

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

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

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

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

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2009 Statutes of Nevada, Page 577

 

CHAPTER 161, AB 389

Assembly Bill No. 389–Assemblymen Parnell, Horne, Anderson, Kihuen, Koivisto; Carpenter, Conklin, Dondero Loop, Grady, Gustavson, Hambrick, Manendo, McArthur, Mortenson, Oceguera, Ohrenschall and Segerblom

 

Joint Sponsor: Senator Amodei

 

CHAPTER 161

 

AN ACT relating to personal identifying information; prohibiting a business from printing certain information concerning a credit card or debit card on any copy of a receipt retained by the business; prohibiting a person from providing machines that do not allow a business to comply with the prohibition against printing certain information; providing civil and criminal penalties; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing state and federal laws prohibit a person who accepts credit cards or debit cards for the transaction of business from printing the expiration date of the card or more than the last five digits of the account number of the card on any receipt provided to the cardholder. (NRS 597.945; 15 U.S.C. ง 1681c(g)) Section 2 of this bill prohibits a business from printing more than the last five digits of the account number of the card on any copy of the receipt that is retained by the business that accepted the card. Additionally, section 2 prescribes a civil penalty of $500 for a business that violates these provisions and an additional penalty of $1,000 per week for a business that does not correct the violation. The aggregate amount of civil penalties imposed on a business for violations of these provisions which occur on the same premises must not exceed $4,500. Finally, section 2 authorizes the Attorney General or a district attorney to: (1) recover the civil penalties in a civil action; and (2) bring an action to enjoin any violation of the provisions of section 2. A business that violates any order or injunction issued to enjoin a violation of the provisions of section 2 is guilty of a gross misdemeanor.

      Section 3 of this bill exempts from the applicability of section 2, from July 1, 2009, to December 31, 2009, a business that does not have the ability to control or adjust the manner in which a receipt is electronically printed.

      Section 1 of this bill prohibits a manufacturer or a supplier from providing, selling or leasing a cash register or other machine or device that does not allow a business to comply with the provisions of section 2. Section 1 also authorizes the Attorney General or a district attorney to bring an action to enjoin any violation of the provisions of section 1. A person who violates any order or injunction issued to enjoin a violation of the provisions of section 1 is guilty of a gross misdemeanor.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A manufacturer or supplier of a cash register or other machine or device that prints receipts for transactions in which a credit card or debit card is used shall not provide, lease or sell for the transaction of business any equipment that does not allow a business to comply with the provisions of subsection 1 of NRS 597.945.

 


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business any equipment that does not allow a business to comply with the provisions of subsection 1 of NRS 597.945.

      2.  The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any person to restrain and prevent any violation of this section. The court may issue an injunction for those purposes without proof of actual damage sustained by any person.

      3.  A person who violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.

      4.  As used in this section:

      (a) “Credit card” has the meaning ascribed to it in NRS 597.945.

      (b) “Debit card” has the meaning ascribed to it in NRS 597.945.

      (c) “Supplier” means a person engaged in the business of providing, leasing or selling cash registers or other machines or devices that are used to print receipts in the transaction of business.

      Sec. 2.  NRS 597.945 is hereby amended to read as follows:

      597.945  1.  Except as otherwise provided in this section, if a [person] business accepts credit cards or debit cards for the transaction of business, the [person] business shall not : [do any of the following:]

      (a) Print the expiration date of the credit card or debit card on any receipt provided to the cardholder ; [.]

      (b) Print more than the last five digits of the account number of the credit card or debit card on any receipt provided to the cardholder [.] ; or

      (c) Print more than the last five digits of the account number of the credit card or debit card on any copy of a receipt retained by the business.

      2.  This section:

      (a) Applies only to receipts that are electronically printed.

      (b) Does not apply to transactions in which the only means of recording the credit card or debit card number is:

            (1) By handwriting the credit card or debit card number; or

            (2) By imprinting or copying the credit card or debit card.

      3.  [If any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions was first put into use before October 1, 2003, the provisions of this section do not apply to any transaction that occurs with regard to that cash register or other machine or device before January 1, 2008.] A business that violates any provision of this section is liable for a civil penalty in the amount of $500. The business must be given notice of the violation and 2 weeks to correct the violation. A business that does not correct the violation within 2 weeks after receiving notice of the violation is liable for an additional civil penalty in the amount of $1,000 per week until the business corrects the violation, except that the aggregate amount of civil penalties imposed on a business for violations which occur on the same premises must not exceed $4,500.

      4.  A civil penalty imposed pursuant to subsection 3 must be recovered in a civil action brought in the name of the State of Nevada by the Attorney General or by any district attorney in a court of competent jurisdiction. Any penalty collected pursuant to this section must be paid to the State Treasurer for credit to the State General Fund.

      5.  The Attorney General or the district attorney may bring an action in any court of competent jurisdiction in the name of the State of Nevada against any business to restrain and prevent any violation of this section.

 


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2009 Statutes of Nevada, Page 579 (Chapter 161, AB 389)

 

The court may issue an injunction for those purposes without proof of actual damage sustained by any person.

      6.  A business that violates any order or injunction issued pursuant to this section is guilty of a gross misdemeanor.

      7.  As used in this section:

      (a) “Credit card” means any instrument or device, whether known as a credit card, credit plate or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.

      (b) “Debit card” means any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.

      Sec. 3.  1.  From July 1, 2009, to December 31, 2009, inclusive, the prohibitions set forth in subsection 1 of NRS 597.945 are applicable only to a business that has the control or ability to adjust the manner in which a receipt is electronically printed for transactions in which a credit card or debit card is used.

      2.  As used in this section:

      (a) “Credit card” has the meaning ascribed to it in NRS 597.945.

      (b) “Debit card” has the meaning ascribed to it in NRS 597.945.

      Sec. 4.  1.  This section and sections 2 and 3 of this act become effective on July 1, 2009.

      2.  Section 1 of this act becomes effective on October 1, 2009.

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2009 Statutes of Nevada, Page 580

 

CHAPTER 162, AB 393

Assembly Bill No. 393–Assemblywoman Smith

 

CHAPTER 162

 

AN ACT relating to education; revising provisions relating to the enrollment of pupils in charter schools; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes a charter school which is dedicated to providing certain services to pupils who are at risk to enroll a child who is the sibling of a pupil enrolled in the charter school or who resides within 2 miles of the charter school if the charter school is located in an area with a high percentage of children who are at risk before the charter school enrolls other pupils who are eligible for enrollment. If more children who are eligible for such enrollment apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll on the basis of a lottery system. (NRS 386.580) This bill amends existing law to authorize such a charter school to enroll a child who was enrolled in a prekindergarten or other early childhood educational program at the charter school and to enroll a child whose parent is employed full-time by the charter school before enrolling other eligible children.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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. 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:

 


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2009 Statutes of Nevada, Page 581 (Chapter 162, AB 393)

 

      (a) Is a sibling of a pupil who is currently enrolled in the charter school; [or]

      (b) Was enrolled, on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school;

      (c) Is a child of a person employed in a full-time position by the charter school; or

      (d) 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.

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 8, 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,

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 homeschool or participate in an extracurricular activity at the charter school if:

      (a) Space for the child in the class or extracurricular activity is available;

      (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 and 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 NRS 392.705.

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.

 


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2009 Statutes of Nevada, Page 582 (Chapter 162, AB 393)

 

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.

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. 2.  This act becomes effective on July 1, 2009.

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2009 Statutes of Nevada, Page 583

 

CHAPTER 163, AB 403

Assembly Bill No. 403–Assemblymen Settelmeyer; Gansert, Goedhart, Goicoechea, Grady, Hambrick, Hardy, Stewart and Woodbury

 

CHAPTER 163

 

AN ACT relating to taxes on retail sales; revising various provisions governing sales and use taxes to ensure continued compliance with the Streamlined Sales and Use Tax Agreement; providing for the submission to the voters of the question whether the Sales and Use Tax Act of 1955 should be amended to authorize the Legislature to amend a provision of that Act only when necessary to resolve a conflict with a federal law or interstate agreement for the administration of sales and use taxes; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for the administration of sales and use taxes in this State pursuant to the Simplified Sales and Use Tax Administration Act, the Sales and Use Tax Act and the Local School Support Tax Law. (Chapters 360B, 372 and 374 of NRS) Under existing law, the Legislature has found and declared that this State should enter into an interstate agreement to simplify and modernize sales and use tax administration to reduce the burden of tax compliance for all sellers and types of commerce. (NRS 360B.020) Existing law requires the Nevada Tax Commission to enter into the Streamlined Sales and Use Tax Agreement and take all other actions reasonably required to implement the provisions of the Agreement. (NRS 360B.110) Sections 1-9 of this bill carry out recent amendments to the Agreement regarding the exclusion of electronically transferred products from certain required definitions, the certification by the State of the software of certain computer programs that calculate the taxes due on a sale, a limited waiver of liability for sellers who fail to collect a tax increase that becomes effective within 30 days after the enactment of a statute which provides for that increase, and the exclusion of certain delivery charges from the calculation of sales and use taxes.

      Existing law authorizes the adoption of an ordinance for the imposition of a sales and use tax in Nye County to support public safety services. (Nye County Sales and Use Tax Act of 2007) Section 10 of this bill revises the requirements for such an ordinance in accordance with the provisions of the Streamlined Sales and Use Tax Agreement imposing restrictions on the date of implementation of changes in tax rates.

      Existing law includes various provisions of the Sales and Use Tax Act of 1955. (NRS 372.010-372.115, 372.185-372.205, 372.260-372.284, 372.285-372.326, 372.327-372.345, 372.350) Under existing law, the provisions of that Act, which was submitted to and approved by the voters at the 1956 General Election, cannot be amended or repealed without additional voter approval. (Nev. Const. Art. 19, ง 1) Sections 11-19 of this bill provide for the submission to the voters of an amendment to that Act to authorize the Legislature to amend that Act only if such a legislative amendment is necessary to resolve a conflict with any federal law or interstate agreement for the administration of sales and use taxes, and the legislative amendment does not increase the rate of a tax imposed pursuant to that Act or narrow the scope of a tax exemption approved by the voters.

 


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2009 Statutes of Nevada, Page 584 (Chapter 163, AB 403)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 360B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  “Specified digital products” means electronically transferred digital audio works, digital audiovisual works and digital books.

      2.  As used in this section:

      (a) “Digital audio works” means works that result from the fixation of a series of musical, spoken or other sounds, including ringtones.

      (b) “Digital audiovisual works” means a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

      (c) “Digital books” means works that are generally recognized in the ordinary and usual sense as books.

      (d) “Electronically transferred” means obtained by a purchaser by means other than tangible storage media.

      (e) “Ringtones” means digitized sound files that are downloaded onto a device and may be used to alert the customer with respect to a communication.

      Sec. 2.  NRS 360B.225 is hereby amended to read as follows:

      360B.225  The Department shall:

      1.  Review the software submitted for the certification of a certified automated system pursuant to the Agreement and, if the Department determines that the software [adequately classifies each exemption from the sales and use taxes imposed in this State which is based upon the description of a product,] accurately reflects the taxability of the product categories included in the program, certify its acceptance of the [classifications made by the system.] determination of the taxability of the product categories included in the program.

      2.  Except as otherwise provided in subsection 3:

      (a) If a certified service provider acting on behalf of a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that certified service provider, waive any liability of the certified service provider, and of the registered seller on whose behalf the certified service provider is acting, for:

            (1) The amount of the sales or use tax which the certified service provider fails to collect as a result of that reliance; and

            (2) Any penalties and interest on that amount.

      (b) If a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reliance on the certification of the Department pursuant to subsection 1 regarding the certified automated system used by that registered seller, waive any liability of the registered seller for:

            (1) The amount of the sales or use tax which the registered seller fails to collect as a result of that reliance; and

            (2) Any penalties and interest on that amount.

      3.  Notify a certified service provider or a registered seller who elects to use a certified automated system pursuant to subsection 3 of NRS 360B.200 if the Department determines that the taxability of any item or transaction is being incorrectly classified by the certified automated system used by the certified service provider or registered seller.

 


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2009 Statutes of Nevada, Page 585 (Chapter 163, AB 403)

 

if the Department determines that the taxability of any item or transaction is being incorrectly classified by the certified automated system used by the certified service provider or registered seller. The provisions of subsection 2 do not require the waiver of any liability for the incorrect classification of an item or transaction regarding which notice was provided to the certified service provider or registered seller pursuant to this subsection if the incorrect classification occurs more than 10 days after the receipt of that notice.

      Sec. 3.  NRS 360B.250 is hereby amended to read as follows:

      360B.250  The Department shall:

      1.  If a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230 or his compliance with subsection 2 of NRS 360B.240, waive any liability of the registered seller for:

      (a) The amount of the sales or use tax which the registered seller fails to collect as a result of that reliance; and

      (b) Any penalties and interest on that amount.

      2.  If a certified service provider acting on behalf of a registered seller fails to collect the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230 or his compliance with subsection 2 of NRS 360B.240, waive any liability of the certified service provider, and of the registered seller on whose behalf the certified service provider is acting, for:

      (a) The amount of the sales or use tax which the certified service provider fails to collect as a result of that reliance; and

      (b) Any penalties and interest on that amount.

      3.  Waive any liability of a purchaser for any sum for which the liability of a registered seller or certified service provider is required to be waived pursuant to subsection 1 or 2 with regard to a transaction involving that purchaser.

      4.  If a purchaser fails to pay the correct amount of any sales or use tax imposed in this State as a result of his reasonable reliance on the information posted pursuant to NRS 360B.230, waive any liability of the purchaser for:

      (a) The amount of the sales or use tax which the purchaser fails to pay as a result of that reliance; and

      (b) Any penalties and interest on that amount.

      5.  If an increase in the rate of any sales or use tax imposed in this State becomes effective within 30 days after the enactment of a statute providing for that increase, waive any liability of a registered seller for:

      (a) The amount of the sales or use tax which the registered seller fails to collect at the increased rate; and

      (b) Any penalties and interest on that amount,

unless the registered seller fails to collect the tax at the rate in effect immediately preceding that increase, the registered seller’s failure to collect the tax at the increased rate extends beyond the first 30 days after the enactment of the statute providing for that increase, the registered seller fraudulently fails to collect the tax at the increased rate or the registered seller solicits purchasers based on the rate in effect immediately preceding that increase.

 


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2009 Statutes of Nevada, Page 586 (Chapter 163, AB 403)

 

      Sec. 4.  NRS 360B.290 is hereby amended to read as follows:

      360B.290  Any invoice, billing or other document given to a purchaser that indicates the sales price for which tangible personal property is sold must state separately any amount received by the seller for:

      1.  Any transportation, shipping or postage charges for the delivery of the property to a location designated by the purchaser.

      2.  Any installation charges for the property;

      [2.] 3.  Any credit for any trade-in which is specifically exempted from the sales price of the property pursuant to chapter 372 or 374 of NRS;

      [3.] 4.  Any interest, financing and carrying charges from credit extended on the sale; and

      [4.] 5.  Any taxes legally imposed directly on the consumer.

      Sec. 5.  NRS 360B.400 is hereby amended to read as follows:

      360B.400  In administering the provisions of this chapter and chapters 372 and 374 of NRS, and in carrying out the provisions of the Agreement, the Department shall construe the terms defined in NRS 360B.405 to 360B.495, inclusive, and section 1 of this act, unless the context otherwise requires, in the manner prescribed by those sections.

      Sec. 6.  NRS 360B.415 is hereby amended to read as follows:

      360B.415  “Computer software” means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. The term does not include any specified digital products.

      Sec. 7.  NRS 360B.425 is hereby amended to read as follows:

      360B.425  “Delivery charges” means charges by a seller of personal property for the preparation and delivery of the property to a location designated by the purchaser of the property, including, but not limited to, charges for transportation, shipping, postage, handling, crating and packing [.] , except that the term does not include any charges for transportation, shipping or postage which are stated separately pursuant to NRS 360B.290.

      Sec. 8.  NRS 360B.480 is hereby amended to read as follows:

      360B.480  1.  “Sales price” means the total amount of consideration, including cash, credit, property and services, for which personal property is sold, leased or rented, valued in money, whether received in money or otherwise, and without any deduction for:

      (a) The seller’s cost of the property sold;

      (b) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

      (c) Any charges by the seller for any services necessary to complete the sale, including any delivery charges which are not stated separately pursuant to NRS 360B.290 and excluding any installation charges which are stated separately pursuant to NRS 360B.290; and

      (d) Except as otherwise provided in subsection 2, any credit for any trade-in.

      2.  The term does not include:

      (a) Any delivery charges which are stated separately pursuant to NRS 360B.290;

      (b) Any installation charges which are stated separately pursuant to NRS 360B.290;

      [(b)] (c) Any credit for any trade-in which is:

 


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2009 Statutes of Nevada, Page 587 (Chapter 163, AB 403)

 

            (1) Specifically exempted from the sales price pursuant to chapter 372 or 374 of NRS; and

            (2) Stated separately pursuant to NRS 360B.290;

      [(c)] (d) Any discounts, including those in the form of cash, term or coupons that are not reimbursed by a third party, which are allowed by a seller and taken by the purchaser on a sale;

      [(d)] (e) Any interest, financing and carrying charges from credit extended on the sale of personal property, if stated separately pursuant to NRS 360B.290; and

      [(e)] (f) Any taxes legally imposed directly on the consumer which are stated separately pursuant to NRS 360B.290.

      3.  The term includes consideration received by a seller from a third party if:

      (a) The seller actually receives consideration from a person other than the purchaser and the consideration is directly related to a price reduction or discount on the sale;

      (b) The seller has an obligation to pass the price reduction or discount through to the purchaser;

      (c) The amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale of the item to the purchaser; and

      (d) Any of the following criteria is satisfied:

            (1) The purchaser presents a coupon, certificate or other documentation to the seller to claim a price reduction or discount, and the coupon, certificate or other documentation is authorized, distributed or granted by a third party with the understanding that the third party will reimburse any seller to whom the coupon, certificate or other documentation is presented.

            (2) The purchaser identifies himself to the seller as a member of a group or organization entitled to a price reduction or discount. For the purposes of this subparagraph, a preferred customer card that is available to any patron does not constitute membership in such a group.

            (3) The price reduction or discount is identified as a third-party price reduction or discount on the invoice received by the purchaser or on a coupon, certificate or other documentation presented by the purchaser.

      Sec. 9.  NRS 360B.485 is hereby amended to read as follows:

      360B.485  “Tangible personal property” includes, but is not limited to, electricity, water, gas, steam and prewritten computer software. The term does not include any products that are transferred electronically to a purchaser.

      Sec. 10.  Section 15 of the Nye County Sales and Use Tax Act of 2007, being chapter 545, Statutes of Nevada 2007, at page 3425, is hereby amended to read as follows:

      Sec. 15.  An ordinance enacted pursuant to this act must include provisions in substance as follows:

      1.  A provision imposing a tax on the gross receipts of any retailer from the sale of all tangible personal property sold at retail or stored, used or otherwise consumed in the County, including incorporated cities in the County, at a rate that does not exceed one-half of 1 percent.

      2.  Provisions substantially identical to those contained in chapter 374 of NRS, insofar as applicable.

 


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2009 Statutes of Nevada, Page 588 (Chapter 163, AB 403)

 

      3.  A provision that an amendment to chapter 374 of NRS enacted after the effective date of the ordinance, not inconsistent with this act, automatically becomes part of the ordinance imposing the tax.

      4.  A provision that the Board shall contract with the Department, before the effective date of the ordinance, to perform all the functions incident to the administration or operation of the tax in the County.

      5.  A provision that a purchaser is entitled to a refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive, of the amount of the tax required to be paid that is attributable to the tax imposed on the sale of, and the storage, use or other consumption in the County, including incorporated cities in the County, of, tangible personal property used for the performance of a written contract for the construction of an improvement to real property:

      (a) That was entered into on or before the effective date of the tax; or

      (b) For which a binding bid was submitted before that date if the bid was afterward accepted, and pursuant to the terms of the contract or bid, the contract price or bid amount may not be adjusted to reflect the imposition of the tax.

      6.  A provision that specifies the date on which the tax must first be imposed [,] or on which any change in the rate of tax becomes effective, which must [not be earlier than] be the first day of the [second calendar month following] first calendar quarter that begins at least 120 days after the effective date of the ordinance.

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

      1.  There has been a rapid increase during recent years in the conduct of interstate commerce through telecommunication and electronic means.

      2.  Many of the merchants who transact these forms of interstate commerce have been discouraged by the substantial burdens of ascertaining and complying with the extremely diverse and detailed tax laws of each state from making the efforts necessary to collect sales and use taxes on behalf of the states in which they do not maintain a place of business.

      3.  As a result of the proliferation of these forms of interstate commerce and federal restrictions on the ability of each state to collect sales and use taxes from merchants who do not maintain a place of business in that state, the people of this State are losing millions of dollars in state and local tax revenue.

      4.  The nonpayment of Nevada sales and use taxes by merchants in other states provides those merchants with an unfair competitive advantage over local merchants who lawfully pay the sales and use taxes due in this State.

      5.  As a result of the similarity of these circumstances in the various states, considerable efforts are being made to provide more uniformity, simplicity and fairness in the administration and collection of sales and use taxes in this country, including the introduction and consideration of congressional legislation and the participation by Nevada and many other states in the Streamlined Sales and Use Tax Agreement.

      6.  Compliance with the Streamlined Sales and Use Tax Agreement and its amendments has and will continue to require amendments to the Nevada Sales and Use Tax Act, and it is anticipated that any congressional legislation will also necessitate such amendments.

 


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2009 Statutes of Nevada, Page 589 (Chapter 163, AB 403)

 

      7.  The Nevada Sales and Use Tax Act was approved by referendum at the General Election in 1956 and therefore, pursuant to Section 1 of Article 19 of the Constitution of the State of Nevada, may not be “amended, annulled, repealed, set aside, suspended or in any way made inoperative except by the direct vote of the people.”

      8.  Unlike the circumstances in other states where legislatures have the direct authority to amend sales and use tax laws in a timely manner, the period required for the legislative enactment and subsequent voter approval of any necessary amendments to the Nevada Sales and Use Tax Act has placed the ability of this State to comply with the Streamlined Sales and Use Tax Agreement and any congressional legislation in serious jeopardy.

      9.  It would be beneficial to the public welfare for the people of this State by direct vote to authorize the Legislature to enact without any additional voter approval such amendments to the Nevada Sales and Use Tax Act as are necessary to resolve conflicts with any congressional legislation or interstate agreements providing for the administration, collection or enforcement of sales and use taxes.

      Sec. 12.  At the General Election on November 2, 2010, a proposal must be submitted to the registered voters of this State to amend the Sales and Use Tax Act, which was enacted by the 47th Session of the Legislature of the State of Nevada and approved by the Governor in 1955, and subsequently approved by the people of this State at the General Election held on November 6, 1956.

      Sec. 13.  At the time and in the manner provided by law, the Secretary of State shall transmit the proposed act to the several county clerks, and the county clerks shall cause it to be published and posted as provided by law.

      Sec. 14.  The proclamation and notice to the voters given by the county clerks pursuant to law must be in substantially the following form:

      Notice is hereby given that at the General Election on November 2, 2010, a question will appear on the ballot for the adoption or rejection by the registered voters of the State of the following proposed act:

AN ACT to amend an Act entitled “An Act to provide revenue for the State of Nevada; providing for sales and use taxes; providing for the manner of collection; defining certain terms; providing penalties for violation, and other matters properly relating thereto.” approved March 29, 1955, as amended.

 

THE PEOPLE OF THE STATE OF NEVADA

DO ENACT AS FOLLOWS:

 

      Section 1.  The above-entitled Act, being chapter 397, Statutes of Nevada 1955, at page 788, is hereby amended by adding thereto a new section to be designated as section 153.5, immediately following section 153.2, to read as follows:

      Sec. 153.5.  The people of the State of Nevada hereby authorize the Legislature to enact legislation that amends, annuls, repeals, sets aside, suspends or otherwise makes inoperative any provision of this Act, being chapter 397, Statutes of Nevada 1955, at page 762, only if such legislation meets all of the following criteria:

 


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      1.  It is necessary to resolve a conflict with any federal statute or regulation or interstate agreement for the administration, collection or enforcement of sales and use taxes;

      2.  It does not increase the rate of any tax imposed pursuant to this Act; and

      3.  It does not narrow the scope of any tax exemption provided pursuant to the provisions of sections 48 to 67.1, inclusive, of this Act, as amended by the direct vote of the people.

Sec. 2.  This act becomes effective on January 1, 2011.

      Sec. 15.  The ballot page assemblies and the paper ballots to be used in voting on the question must present the question in substantially the following form:

      Shall the Sales and Use Tax Act of 1955 be amended to authorize the Legislature to amend a provision of this Act only if necessary to resolve a conflict with any federal law or interstate agreement for the administration, collection or enforcement of sales and use taxes?

Yes           No

      Sec. 16.  The explanation of the question which must appear on each paper ballot and sample ballot and in every publication and posting of notice of the question must be in substantially the following form:

 

(Explanation of Question)

      The proposed amendment to the Sales and Use Tax Act of 1955 would authorize the Legislature to enact legislation amending a provision of this Act only if that legislation is necessary to resolve a conflict with any federal law or interstate agreement for the administration, collection or enforcement of sales and use taxes, that legislation does not increase the rate of any tax imposed pursuant to this Act, and that legislation does not narrow the scope of a tax exemption approved by the direct vote of the people.

      Sec. 17.  If a majority of the votes cast on the question is yes, the amendment to the Sales and Use Tax Act of 1955 becomes effective on January 1, 2011. If less than a majority of votes cast on the question is yes, the question fails and the amendment to the Sales and Use Tax Act of 1955 does not become effective.

      Sec. 18.  All general election laws not inconsistent with this act are applicable.

      Sec. 19.  Any informalities, omissions or defects in the content or making of the publications, proclamations or notices provided for in this act and by the general election laws under which this election is held must be so construed as not to invalidate the adoption of the act by a majority of the registered voters voting on the question if it can be ascertained with reasonable certainty from the official returns transmitted to the Office of the Secretary of State whether the proposed amendment was adopted by a majority of those registered voters.

      Sec. 20.  The amendatory provisions of section 10 of this act do not apply to any ordinance enacted before the effective date of this act.

      Sec. 21.  This act becomes effective upon passage and approval.

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2009 Statutes of Nevada, Page 591

 

CHAPTER 164, AB 415

Assembly Bill No. 415–Assemblymen Goicoechea; Carpenter, Goedhart, Grady, Hardy, Settelmeyer and Stewart

 

Joint Sponsor: Senator Rhoads

 

CHAPTER 164

 

AN ACT relating to counties; authorizing certain smaller counties to combine or separate certain county offices after approval by a vote of the residents of the county; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law grants to the Nevada Legislature the power to increase, diminish, consolidate or abolish the offices of county clerk, county recorder, auditor, sheriff, district attorney and public administrator. (Nev. Const., Art. 4, ง 32) As interpreted by the Nevada Supreme Court, Nev. Const., Art. 4, ง 32, does not set forth an exhaustive list of all the county offices that the Legislature may increase, diminish, consolidate or abolish but, instead, clarifies that although the offices of county clerk, county recorder, auditor, sheriff, district attorney and public administrator are constitutional offices, the Legislature may nonetheless increase, diminish, consolidate or abolish those offices. (Harvey v. Second Judicial Dist. Court, 117 Nev. 754, 764-66 (2001)) The Court has further determined that the Legislature may either exercise or delegate the authority set forth in Nev. Const., Art. 4, ง 32. (Cawley v. Pershing County, 50 Nev. 237, 247 (1927))

      This bill, in counties whose population is less than 40,000 (currently counties other than Clark, Douglas, Elko and Washoe Counties and Carson City), authorizes the governing body of the county, after making certain findings and after approval of the residents of the county pursuant to an advisory ballot question (NRS 293.482), to combine or separate any county offices, except for constitutional county offices that are not listed in Nev. Const., Art. 4, ง 32. Thus, this bill does not authorize the governing body of a county to combine or separate such offices as county commissioner or district judge. (Nev. Const., Art. 4, ง 26, Art. 6, ง 5)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, the board of county commissioners of a county whose population is less than 40,000 may by ordinance direct that:

      (a) The powers and duties of two or more county offices be combined into one county office.

      (b) The powers and duties of one county office be allocated between two or more county offices.

      2.  A board of county commissioners shall not take the action described in subsection 1 unless:

      (a) The board determines that the combining or separating of the applicable county offices will benefit the public;

      (b) The board determines that the combining or separating of the applicable county offices will not create:

 


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2009 Statutes of Nevada, Page 592 (Chapter 164, AB 415)

 

            (1) An ethical, legal or practical conflict of interest; or

            (2) A situation in which the powers and duties assigned to a county office are incompatible with the proper performance of that office in the public interest;

      (c) The board submits to the residents of the county, in the form of an advisory ballot question pursuant to NRS 293.482, a proposal to combine or separate the applicable county offices; and

      (d) A majority of the voters voting on the advisory ballot question approves the proposal.

      3.  If the combining or separating of county offices pursuant to this section will result in the elimination of one or more county offices, the combining or separating of offices must not become effective until the earlier of the date on which:

      (a) The normal term of office of the person whose office will be eliminated expires; or

      (b) The person whose office will be eliminated resigns.

      4.  If the combining or separating of county offices pursuant to this section results in the powers and duties of one county office being transferred to another county office, the county office to which the powers and duties are transferred shall be deemed to be the county office from which the powers and duties were transferred for the purposes of any applicable provision of law authorizing or requiring the performance or exercise of those powers and duties, as appropriate.

      Sec. 2.  NRS 247.010 is hereby amended to read as follows:

      247.010  1.  Except as otherwise provided in subsection 3 [,] or as altered pursuant to the mechanism set forth in section 1 of this act, county recorders must be elected by the qualified electors of their respective counties.

      2.  County recorders must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.

      3.  The Clerk of Carson City is ex officio the Recorder of Carson City.

      Sec. 3.  NRS 248.010 is hereby amended to read as follows:

      248.010  Unless the arrangement is altered pursuant to the mechanism set forth in section 1 of this act:

      1.  Sheriffs must be elected by the qualified electors of their respective counties.

      2.  Sheriffs must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.

      Sec. 4.  NRS 249.010 is hereby amended to read as follows:

      249.010  1.  Except as otherwise provided in subsection 3 [,] or as altered pursuant to the mechanism set forth in section 1 of this act, county treasurers must be elected by the qualified electors of their respective counties.

      2.  County treasurers must be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their respective offices on the first Monday of January subsequent to their election.

 


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      3.  The county clerks of Churchill, Douglas, Esmeralda, Eureka, Lyon, Mineral, Pershing and Storey Counties are ex officio county treasurers of their respective counties [.] , unless such an arrangement is altered pursuant to the mechanism set forth in section 1 of this act.

      Sec. 5.  NRS 251.010 is hereby amended to read as follows:

      251.010  1.  The county recorder is ex officio county auditor in counties in which a county comptroller has not been appointed [.] , unless such an arrangement is altered pursuant to the mechanism set forth in section 1 of this act.

      2.  County auditors shall keep an office at the county seat of their county, which must be kept open in accordance with the provisions of NRS 245.040.

      Sec. 6.  NRS 253.010 is hereby amended to read as follows:

      253.010  1.  Except as otherwise provided in subsection 4 [,] or as altered pursuant to the mechanism set forth in section 1 of this act, public administrators must be elected by the qualified electors of their respective counties.

      2.  Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.

      3.  The public administrator of a county must:

      (a) Be a qualified elector of the county;

      (b) Be at least 21 years of age on the date he will take office;

      (c) Not have been convicted of a felony for which his civil rights have not been restored by a court of competent jurisdiction; and

      (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

      4.  The district attorneys of Lander, Lincoln and White Pine Counties are ex officio public administrators of Lander County, Lincoln County and White Pine County, respectively [.] , unless such an arrangement is altered pursuant to the mechanism set forth in section 1 of this act.

      5.  The Clerk of Carson City shall serve as Public Administrator of Carson City.

      Sec. 7.  NRS 253.150 is hereby amended to read as follows:

      253.150  1.  The board of county commissioners of each county shall establish the office of public guardian.

      2.  The board of county commissioners shall:

      (a) Appoint a public guardian, who serves at the pleasure of the board, for a term of 4 years from the day of appointment;

      (b) Designate an elected or appointed county officer as ex officio public guardian;

      (c) Pursuant to the mechanism set forth in section 1 of this act, designate another county officer to execute the powers and duties of the public guardian;

      (d) Except in a county whose population is 100,000 or more, contract with a private professional guardian to act as public guardian; or

      [(d)] (e) Contract with the board of county commissioners of a neighboring county in the same judicial district to designate as public guardian the public guardian of the neighboring county.

 


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      3.  The compensation of a public guardian appointed or designated pursuant to subsection 2 must be fixed by the board of county commissioners and paid out of the county general fund.

      4.  As used in this section, “private professional guardian” means a person who receives compensation for services as a guardian to three or more wards who are not related to the person by blood or marriage. The term does not include:

      (a) A governmental agency.

      (b) A banking corporation, as defined in NRS 657.016, or an organization permitted to act as fiduciary pursuant to NRS 662.245 if it is appointed as guardian of an estate only.

      (c) A trust company, as defined in NRS 669.070.

      (d) A court-appointed attorney licensed to practice law in this State.

      Sec. 8.  NRS 253.160 is hereby amended to read as follows:

      253.160  1.  Upon taking office, a public guardian shall file with the county clerk a general bond in an amount fixed by the board of county commissioners payable to the State of Nevada with sureties approved by the board of county commissioners. The premium for the bond shall be paid from the general funds of the county and be conditioned upon the public guardian’s faithful performance of his duties.

      2.  The general bond and oath of office of a public guardian are in lieu of the bonds and oaths required of private guardians.

      3.  The oath and bond of an elected or appointed public officer designated [ex officio] public guardian or designated to execute the powers and duties of the public guardian pursuant to paragraph (b) or (c) of subsection 2 of NRS 253.150 are in lieu of the bonds and oaths required of private guardians. The court may require [the ex officio public guardian] such a designee to execute a separate bond for any guardianship in the manner prescribed in NRS 159.065.

      Sec. 9.  NRS 259.020 is hereby amended to read as follows:

      259.020  Except in any county where a coroner is appointed pursuant to NRS 244.163, all sheriffs in this state are ex officio coroners [.] , unless such an arrangement is altered pursuant to the mechanism set forth in section 1 of this act.

      Sec. 10.  This act becomes effective on July 1, 2009.

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2009 Statutes of Nevada, Page 595

 

CHAPTER 165, AB 416

Assembly Bill No. 416–Assemblymen Goicoechea, Carpenter, Leslie; Gansert, Goedhart, Grady, Hardy and Smith

 

Joint Sponsor: Senator Rhoads

 

CHAPTER 165

 

AN ACT relating to water; requiring the State Engineer or a person designated by him to conduct an inventory of a basin before approving an application for an interbasin transfer of groundwater under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the State Engineer to consider certain factors when determining if an application for an interbasin transfer of groundwater must be rejected, including whether there is a justified need to import the water from another basin, if there is an advisable plan for the conservation of water in place, whether the proposed action is environmentally sound and whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported. (NRS 533.370) In addition to those requirements, section 4 of this bill requires that, before the State Engineer may approve an interbasin transfer of groundwater, he must conduct an inventory of the basin from which the water is to be exported if it is a basin which the State Engineer has not already inventoried. The inventory must include: (1) the total amount of surface water and groundwater appropriated in accordance with a decreed, certified or permitted right; (2) an estimate of the amount and location of all surface water and groundwater available for appropriation in the basin; and (3) the names of each owner of record of a decreed, certified or permitted right in the basin. The applicant for the interbasin transfer of groundwater must pay a fee to cover the cost of conducting the inventory. Section 4 also requires the State Engineer to complete an inventory within 1 year after commencing the inventory. Section 5 of this bill expands the definition of “person” for purposes of chapter 533 of NRS to include a political subdivision of this State.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 533 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 533.010 to 533.023, inclusive, and section 3 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Interbasin transfer of groundwater” means a transfer of groundwater for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.

      Sec. 4.  1.  In addition to the requirements of NRS 533.370, before approving an application for an interbasin transfer of more than 250 acre-feet of groundwater from a basin which the State Engineer has not previously inventoried or for which he has not conducted, or caused to be conducted, a study pursuant to NRS 532.165 or 533.368, the State Engineer or a person designated by the State Engineer shall conduct an inventory of the basin from which the water is to be exported.

 


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2009 Statutes of Nevada, Page 596 (Chapter 165, AB 416)

 

Engineer or a person designated by the State Engineer shall conduct an inventory of the basin from which the water is to be exported. The inventory must include:

      (a) The total amount of surface water and groundwater appropriated in accordance with a decreed, certified or permitted right;

      (b) An estimate of the amount and location of all surface water and groundwater that is available for appropriation in the basin; and

      (c) The name of each owner of record set forth in the records of the Office of the State Engineer for each decreed, certified or permitted right in the basin.

      2.  The provisions of this section do not:

      (a) Require the State Engineer to initiate or complete a determination of the surface water or groundwater rights pursuant to NRS 533.090 to 533.320, inclusive, or to otherwise quantify any vested claims of water rights in the basin before approving an application for an interbasin transfer of groundwater from the basin; or

      (b) Prohibit the State Engineer from considering information received from or work completed by another person to include in the inventory, if the inventory is otherwise conducted in accordance with the provisions of subsection 1.

      3.  The State Engineer shall charge the applicant a fee to cover the cost of the inventory. The amount of the fee must not exceed the cost to the State Engineer of conducting the inventory.

      4.  The State Engineer shall complete any inventory conducted pursuant to subsection 1 within 1 year after commencing the inventory.

      Sec. 5.  NRS 533.010 is hereby amended to read as follows:

      533.010  [As used in this chapter, “person”] “Person” includes the United States , [and] this State [.] and any political subdivision of this State.

      Sec. 6.  NRS 533.015 is hereby amended to read as follows:

      533.015  [As used in this chapter,] “State Engineer” [shall be deemed to mean] means the State Engineer or any duly authorized assistant.

      Sec. 7.  NRS 533.020 is hereby amended to read as follows:

      533.020  [As used in this chapter, “stream] “Stream system” [shall be interpreted as including] includes any stream, together with its tributaries and all streams or bodies of water to which the same may be tributary.

      Sec. 8.  NRS 533.023 is hereby amended to read as follows:

      533.023  [As used in this chapter, “wildlife] “Wildlife purposes” includes the watering of wildlife and the establishment and maintenance of wetlands, fisheries and other wildlife habitats.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  NRS 533.369 is hereby amended to read as follows:

      533.369  1.  All money collected pursuant to subsection 3 of NRS 533.368 or subsection 3 of section 4 of this act must be deposited with the State Treasurer for credit to a special Account for Studies Concerning Water.

      2.  The interest and income earned on the money in the Account for Studies Concerning Water, after deducting any applicable charges, must be credited to the Account.

      3.  The money received pursuant to subsection 3 of NRS 533.368 or subsection 3 of section 4 of this act must be used to defray the cost of conducting the studies required pursuant to subsection 1 of NRS 533.368 [.] and the inventories required pursuant to subsection 1 of section 4 of this act.

 


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2009 Statutes of Nevada, Page 597 (Chapter 165, AB 416)

 

act. Any money paid by an applicant that exceeds the amount required to conduct a study must be refunded to the applicant.

      4.  Any balance remaining in the Account does not revert to the State General Fund at the end of the fiscal year.

      Sec. 11.  NRS 533.370 is hereby amended to read as follows:

      533.370  1.  Except as otherwise provided in this section and NRS 533.345, 533.371, 533.372 and 533.503, the State Engineer shall approve an application submitted in proper form which contemplates the application of water to beneficial use if:

      (a) The application is accompanied by the prescribed fees;

      (b) The proposed use or change, if within an irrigation district, does not adversely affect the cost of water for other holders of water rights in the district or lessen the efficiency of the district in its delivery or use of water; and

      (c) The applicant provides proof satisfactory to the State Engineer of:

            (1) His intention in good faith to construct any work necessary to apply the water to the intended beneficial use with reasonable diligence; and

            (2) His financial ability and reasonable expectation actually to construct the work and apply the water to the intended beneficial use with reasonable diligence.

      2.  Except as otherwise provided in this subsection and subsections 3 and 11 and NRS 533.365, the State Engineer shall approve or reject each application within 1 year after the final date for filing a protest. The State Engineer may:

      (a) Postpone action upon written authorization to do so by the applicant or, if an application is protested, by the protestant and the applicant.

      (b) Postpone action if the purpose for which the application was made is municipal use.

      (c) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.

      3.  Except as otherwise provided in subsection 11, the State Engineer shall approve or reject, within 6 months after the final date for filing a protest, an application filed to change the point of diversion of water already appropriated when the existing and proposed points of diversion are on the same property for which the water has already been appropriated under the existing water right or the proposed point of diversion is on real property that is proven to be owned by the applicant and is contiguous to the place of use of the existing water right. The State Engineer may:

      (a) Postpone action upon written authorization to do so by the applicant or, if the application is protested, by the protestant and the applicant.

      (b) In areas where studies of water supplies have been determined to be necessary by the State Engineer pursuant to NRS 533.368 or where court actions are pending, withhold action until it is determined there is unappropriated water or the court action becomes final.

      4.  If the State Engineer does not act upon an application within 1 year after the final date for filing a protest, the application remains active until acted upon by the State Engineer.

      5.  Except as otherwise provided in subsection 11, where there is no unappropriated water in the proposed source of supply, or where its proposed use or change conflicts with existing rights or with protectible interests in existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit.

 


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2009 Statutes of Nevada, Page 598 (Chapter 165, AB 416)

 

existing domestic wells as set forth in NRS 533.024, or threatens to prove detrimental to the public interest, the State Engineer shall reject the application and refuse to issue the requested permit. If a previous application for a similar use of water within the same basin has been rejected on those grounds, the new application may be denied without publication.

      6.  In determining whether an application for an interbasin transfer of groundwater must be rejected pursuant to this section, the State Engineer shall consider:

      (a) Whether the applicant has justified the need to import the water from another basin;

      (b) If the State Engineer determines that a plan for conservation of water is advisable for the basin into which the water is to be imported, whether the applicant has demonstrated that such a plan has been adopted and is being effectively carried out;

      (c) Whether the proposed action is environmentally sound as it relates to the basin from which the water is exported;

      (d) Whether the proposed action is an appropriate long-term use which will not unduly limit the future growth and development in the basin from which the water is exported; and

      (e) Any other factor the State Engineer determines to be relevant.

      7.  If a hearing is held regarding an application, the decision of the State Engineer must be in writing and include findings of fact, conclusions of law and a statement of the underlying facts supporting the findings of fact. The written decision may take the form of a transcription of an oral ruling. The rejection or approval of an application must be endorsed on a copy of the original application, and a record must be made of the endorsement in the records of the State Engineer. The copy of the application so endorsed must be returned to the applicant. Except as otherwise provided in subsection 12, if the application is approved, the applicant may, on receipt thereof, proceed with the construction of the necessary works and take all steps required to apply the water to beneficial use and to perfect the proposed appropriation. If the application is rejected, the applicant may take no steps toward the prosecution of the proposed work or the diversion and use of the public water while the rejection continues in force.

      8.  If:

      (a) The State Engineer receives an application to appropriate any of the public waters, or to change the point of diversion, manner of use or place of use of water already appropriated;

      (b) The application involves an amount of water exceeding 250 acre-feet per annum;

      (c) The application involves an interbasin transfer of groundwater; and

      (d) Within 7 years after the date of last publication of the notice of application, the State Engineer has not granted the application, denied the application, held an administrative hearing on the application or issued a permit in response to the application,

the State Engineer shall notice a new period of 45 days in which a person who is a successor in interest to a protestant or an affected water right owner may file with the State Engineer a written protest against the granting of the application. Such notification must be entered on the Internet website of the State Engineer and must, concurrently with that notification, be mailed to the board of county commissioners of the county of origin.

 


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2009 Statutes of Nevada, Page 599 (Chapter 165, AB 416)

 

      9.  Except as otherwise provided in subsection 10, a person who is a successor in interest to a protestant or an affected water right owner who wishes to protest an application in accordance with a new period of protest noticed pursuant to subsection 8 shall, within 45 days after the date on which the notification was entered and mailed, file with the State Engineer a written protest that complies with the provisions of this chapter and with the regulations adopted by the State Engineer, including, without limitation, any regulations prescribing the use of particular forms or requiring the payment of certain fees.

      10.  If a person is the successor in interest of an owner of a water right or an owner of real property upon which a domestic well is located and if the former owner of the water right or real property on which a domestic well is located had previously filed a written protest against the granting of an application, the successor in interest must be allowed to pursue that protest in the same manner as if he were the former owner whose interest he succeeded. If the successor in interest wishes to pursue the protest, the successor in interest must notify the State Engineer on a form provided by the State Engineer.

      11.  The provisions of subsections 1 to 6, inclusive, do not apply to an application for an environmental permit.

      12.  The provisions of subsection 7 do not authorize the recipient of an approved application to use any state land administered by the Division of State Lands of the State Department of Conservation and Natural Resources without the appropriate authorization for that use from the State Land Registrar.

      13.  As used in this section:

      (a) “County of origin” means the county from which groundwater is transferred or proposed to be transferred.

      (b) “Domestic well” has the meaning ascribed to it in NRS 534.350.

      [(c) “Interbasin transfer of groundwater” means a transfer of groundwater for which the proposed point of diversion is in a different basin than the proposed place of beneficial use.]

      Sec. 12.  The amendatory provisions of this act do not apply to an application for an interbasin transfer of groundwater for which a notice of hearing is issued before July 1, 2009.

      Sec. 13.  This act becomes effective on July 1, 2009.

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2009 Statutes of Nevada, Page 600

 

CHAPTER 166, AB 425

Assembly Bill No. 425–Assemblymen Dondero Loop, Parnell, Horne, Kihuen; Arberry, Bobzien, Conklin, Denis, Goicoechea, Gustavson, Hambrick, Koivisto, Manendo, Mastroluca, McClain, Mortenson, Ohrenschall, Segerblom and Smith

 

CHAPTER 166

 

AN ACT relating to education; authorizing the Superintendent of Public Instruction to issue an additional license to teach elementary education, middle school or junior high school education or secondary education to certain licensed teachers; revising provisions governing the reciprocal licensure of teachers and other educational personnel; requiring the Commission on Professional Standards in Education to conduct a review of the regulations of the Commission governing the licensure and endorsement of special education teachers; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Superintendent of Public Instruction to issue a license to teach elementary education, middle school or junior high school education or secondary education to an applicant pursuant to regulations adopted by the Commission on Professional Standards in Education. (NRS 391.031, 391.033) Existing regulations of the Commission require a teacher licensed in this State to apply for and meet the requirements for an initial license to teach elementary education, middle school or junior high school education or secondary education, including participation in a program of student teaching or supervised teaching in the designated grade level, if he is applying for a license outside the grade level he is licensed to teach. (NAC 391.025, 391.095, 391.111, 391.120) Section 1 of this bill authorizes the Superintendent to issue to a licensed teacher an additional license to teach elementary education, middle school or junior high school education or secondary education, other than for the teaching pupils with disabilities, which is outside his grade level of experience if he meets the course work requirements and qualifications for the license. A licensed teacher must not be required to participate in a program of student teaching or supervised teaching as a condition for the issuance of the additional license if he has 3 years of verified teaching experience.

      Existing law authorizes the Commission to adopt regulations that exempt an applicant from the examinations required for initial licensure of teachers and other educational personnel if the applicant has previous teaching experience or has performed other educational functions in another state. (NRS 391.021, 391.032) Sections 4 and 5 of this bill remove the requirement that an applicant have previous experience and authorizes the exemption if the Commission determines that the examinations required for initial licensure in the other state are comparable to the examinations required for initial licensure in this State.

      Section 6 of this bill requires the Commission to conduct a review of the regulations of the Commission governing the licensure and endorsement of special education teachers to improve and enhance the reciprocal licensure in this State of special education teachers from other states.

 


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2009 Statutes of Nevada, Page 601 (Chapter 166, AB 425)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person licensed to teach elementary education, middle school or junior high school education or secondary education in this State may apply for and the Superintendent of Public Instruction may issue to that person an additional license to teach elementary education, middle school or junior high school education or secondary education, other than for the teaching pupils with disabilities, which is outside his grade level of experience if he meets the course work requirements and qualifications for the license.

      2.  A licensed teacher who applies for an additional license pursuant to this section must not be required to participate in a program of student teaching as a condition for the issuance of the additional license if he has 3 years of verified teaching experience.

      Sec. 2.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations must not prescribe qualifications which are more stringent than the qualifications set forth in section 1 of this act for a licensed teacher who applies for an additional license in accordance with that section.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

            (6) Requiring teachers and other educational personnel to be registered with the Office of Disability Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

 


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2009 Statutes of Nevada, Page 602 (Chapter 166, AB 425)

 

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

            (11) If the Commission approves the Passport to Teaching certification from the American Board for Certification of Teacher Excellence as an alternative route to licensure, providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a Passport to Teaching certification from the American Board for Certification of Teacher Excellence;

                  (II) Passes each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; and

                  (III) Agrees to participate in a program of mentoring prescribed by the Commission for the first year of his employment as a teacher with a school district or charter school.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

 


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2009 Statutes of Nevada, Page 603 (Chapter 166, AB 425)

 

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7), (10) or (11) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 3.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses. The regulations must not prescribe qualifications which are more stringent than the qualifications set forth in section 1 of this act for a licensed teacher who applies for an additional license in accordance with that section.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Office of Disability Services of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

            (6) Requiring teachers and other educational personnel to be registered with the Office of Disability Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

 


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2009 Statutes of Nevada, Page 604 (Chapter 166, AB 425)

 

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 4.  NRS 391.021 is hereby amended to read as follows:

      391.021  Except as otherwise provided in subparagraph (10) of paragraph (a) of subsection 1 of NRS 391.019 and NRS 391.027, the Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The examinations must test the ability of the applicant to teach and his knowledge of each specific subject he proposes to teach.

 


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2009 Statutes of Nevada, Page 605 (Chapter 166, AB 425)

 

must test the ability of the applicant to teach and his knowledge of each specific subject he proposes to teach. Each examination must include the following subjects:

      1.  The laws of Nevada relating to schools;

      2.  The Constitution of the State of Nevada; and

      3.  The Constitution of the United States.

The provisions of this section do not prohibit the Commission from adopting regulations pursuant to subsection 2 of NRS 391.032 that provide an exemption from the examinations for teachers and other educational personnel [who have previous experience in teaching or performing other educational functions in] from another state [.] if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

      Sec. 5.  NRS 391.032 is hereby amended to read as follows:

      391.032  1.  Except as otherwise provided in NRS 391.027, the Commission shall:

      (a) Consider and may adopt regulations which provide for the issuance of conditional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.

      (b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states.

      2.  The regulations adopted pursuant to paragraph (b) of subsection 1 may provide an exemption from the examinations required for initial licensure for teachers and other educational personnel [who have previous experience in teaching or performing other educational functions in] from another state [. If the Commission adopts regulations providing such an exemption, the Commission shall identify the examinations to which the exemption applies.] if the Commission determines that the examinations required for initial licensure for teachers and other educational personnel in that state are comparable to the examinations required for initial licensure in this State.

      3.  A person who is issued a conditional license must complete all courses of study and other requirements for a license in this State which is not conditional within 3 years after the date on which a conditional license is issued.

      Sec. 6.  1.  The Commission on Professional Standards in Education shall conduct a review of the regulations of the Commission governing the licensure and endorsement of special education teachers to improve and enhance the reciprocal licensure in this State of special education teachers from other states. The review must include an analysis of:

      (a) The possible consolidation of the categorical special education endorsements into broader, noncategorical endorsements; and

      (b) The possible issuance of a waiver of the requirement of specific course work for the categorical endorsements for teaching pupils with disabilities required by regulation of the Commission if a teacher has 3 years of verified teaching experience in a classroom providing instruction to pupils with the area of disability in which he seeks the categorical endorsement.

      2.  On or before January 1, 2010, the Commission shall submit to the Legislative Committee on Education a report of:

 


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2009 Statutes of Nevada, Page 606 (Chapter 166, AB 425)

 

      (a) The results of the review conducted pursuant to subsection 1; and

      (b) Any regulations relating to the endorsements proposed by the Commission as a result of its review or, if the Commission is not proposing any regulations, a detailed explanation of why it is not.

      3.  On or before July 1, 2010, the Commission shall submit to the Legislative Committee on Education:

      (a) A report of the regulations adopted by the Commission as a result of its review or, if no regulations are adopted, a detailed explanation of why the Commission did not adopt regulations; and

      (b) Any recommendations for legislation relating to the licensure and endorsement of special education teachers.

      Sec. 7.  1.  This section and sections 1, 2, 4, 5 and 6 of this act become effective upon passage and approval.

      2.  Section 3 of this act becomes effective on July 1, 2011.

________

 

CHAPTER 167, AB 508

Assembly Bill No. 508–Committee on Ways and Means

 

CHAPTER 167

 

AN ACT relating to housing; prohibiting the Housing Division of the Department of Business and Industry from adopting regulations that restrict or defer more than a certain percentage of the payment of profit and overhead to developers of certain projects under certain circumstances; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Existing law prohibits the Housing Division of the Department of Business and Industry from financing any low-income residential housing unless the Administrator of the Division makes certain findings. (NRS 319.260) Section 1 of this bill provides that if the Division adopts regulations establishing a program for the financing of the lease, purchase or development of low-income multifamily housing, the regulations may establish the maximum amount of pro forma profit and overhead for a developer of a project, but the regulations must not restrict or require the deferral of more than 60 percent of the payment of profits and overhead to a developer of a project that is: (1) constructed, developed, financed or insured in whole or in part through any program established by the United States Department of Housing and Urban Development; and (2) secured by a performance bond. Section 2 of this bill deletes a provision which requires that any remaining balance of a certain appropriation from the State General Fund to the Housing Division must be reverted to the State General Fund on or before September 18, 2009.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 319 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Division adopts regulations which establish a program for the financing of projects, the regulations must not include any provision which restricts or requires the deferral of more than 60 percent of the payment of profits and overhead to a developer of a project that is:

 


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2009 Statutes of Nevada, Page 607 (Chapter 167, AB 508)

 

which restricts or requires the deferral of more than 60 percent of the payment of profits and overhead to a developer of a project that is:

      (a) Constructed, developed, financed or insured in whole or in part through any program established by the United States Department of Housing and Urban Development; and

      (b) Secured by a performance bond,

except that such regulations may establish the maximum amount of pro forma profit and overhead for a developer of a project as a percentage of the appraised value of the project.

      2.  As used in this section, “project” means a housing facility for residential use which consists of two or more dwelling units for occupancy by eligible tenants on a rental basis. The term includes property which is to be leased, purchased or developed for sites for multifamily housing and upon which the Division takes a security interest and records a regulatory agreement, whether the Division issues bonds, a mortgage loan or a letter of credit for the lease, purchase or development of the multifamily housing.

      Sec. 2.  Section 3 of chapter 348, Statutes of Nevada 2007, at page 1657, is hereby amended to read as follows:

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Housing Division of the Department of Business and Industry the sum of $1,000,000 to provide grants to encourage the creation of employer-assisted housing programs.

      2.  The Housing Division shall adopt regulations to govern the provision of grants pursuant to subsection 1, which must include, without limitation, criteria for determining eligibility for such programs.

      3.  [Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2009, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2009, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2009.

      4.]  As used in this section, “employer-assisted housing program” means a program for the provision of down-payment assistance, closing-cost assistance, reduced-interest mortgages, mortgage guarantees, rental subsidies or individual development account savings plans, or any combination thereof, to assist employees in securing affordable housing in this State.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on October 1, 2009.

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2009 Statutes of Nevada, Page 608

 

CHAPTER 168, AB 510

Assembly Bill No. 510–Committee on Commerce and Labor

 

CHAPTER 168

 

AN ACT relating to the Public Utilities Commission of Nevada; requiring that the entire Commission must act in certain matters; requiring that the Commission appoint an Executive Director; revising the dates by which certain applications must be filed; indicating that certain provisions of law do not prohibit the Commission from taking certain action; and providing other matters properly relating thereto.

 

[Approved: May 22, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill requires that certain matters be decided by the entire Public Utilities Commission of Nevada and allows the Commission to designate hearing officers as acting commissioners in certain circumstances.

      Section 3 of this bill requires the Commission to appoint an Executive Director and specifies the qualifications and duties of the Executive Director. Section 1 of this bill revises provisions to be consistent with this new requirement.

      Section 4 of this bill revises the dates by which electric utilities must file general rate applications.

      Section 5 of this bill provides that the provisions of chapter 704 of NRS do not prohibit the Commission from allowing an electric utility to provide reduced rates to low-income customers.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 703.070 is hereby amended to read as follows:

      703.070  The Governor shall designate one of the Commissioners to be Chairman, whose term as Chairman shall be at the pleasure of the Governor. [The Chairman shall serve as the Executive Officer of the Commission.]

      Sec. 2.  NRS 703.085 is hereby amended to read as follows:

      703.085  1.  All commissioners are required for the Commission to act in any matter involving:

      (a) A general rate application or an annual deferred energy accounting adjustment application of an electric utility or a public utility which purchases natural gas for resale; and

      (b) A plan of an electric utility to increase its supply of electricity or decrease the demands made on its system pursuant to NRS 704.741.

      2.  [A] Except as otherwise provided in subsection 1, a majority of the commissioners has full power to act in all matters within the jurisdiction of the Commission.

      [2.] 3.  Before the Commission may enter a final order on a matter, there must be at least [two] the required number of commissioners who are able to act on the matter. If there are fewer than [two] the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, the Governor shall appoint the requisite number of persons to serve as acting commissioners in the place of the commissioners who are unable to act on the matter so that there are at least [two] the required number of persons who are able to act on the matter, whether serving as a commissioner or an acting commissioner.

 


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2009 Statutes of Nevada, Page 609 (Chapter 168, AB 510)

 

whether serving as a commissioner or an acting commissioner. If there are fewer than [two] the required number of commissioners who are able to act on the matter because of disqualifications, illnesses, incapacities, vacancies that have not yet been filled, or any other reason, and the Governor has not appointed the requisite number of persons to serve as acting commissioners pursuant to this subsection, the [Deputy Commissioner] Commission may designate a hearing officer appointed pursuant to subsection [1] 6 of NRS 703.130 [may] to serve as an acting commissioner.

      [3.] 4.  Before the Governor may appoint a person to serve as an acting commissioner in the place of a commissioner who is unable to act on the matter, the person must be qualified to serve in the office of that commissioner as if the Governor were appointing the person to fill a vacancy in that office.

      [4.] 5.  A person who is appointed or authorized to serve as an acting commissioner shall be deemed to be a commissioner and is entitled to exercise the powers of a commissioner only in proceedings before the Commission that involve the matter or matters for which the person is appointed or authorized to serve as an acting commissioner.

      [5.] 6.  A person who is appointed to serve as an acting commissioner:

      (a) Is subject to all legal requirements and restrictions and enjoys all legal protections and immunities that apply to a commissioner and to state officers generally while the person is engaged in the business of the Commission as an acting commissioner; and

      (b) Is entitled to receive, for each day the person is engaged in the business of the Commission as an acting commissioner, a salary of $80 and the per diem allowance and travel expenses provided for state officers and employees generally. The person is not entitled to receive any other compensation for serving as an acting commissioner.

      [6.] 7.  A person who is appointed to serve as an acting commissioner serves at the pleasure of the Governor. The appointment of the person expires:

      (a) On the date that the Governor declares that the appointment has expired; or

      (b) On the date that the matter or matters for which the person was appointed are no longer pending before the Commission,

whichever date occurs earlier.

      [7.] 8.  The Governor may reappoint a person to serve as an acting commissioner.

      Sec. 3.  NRS 703.130 is hereby amended to read as follows:

      703.130  1.  The Commission shall appoint [a Deputy Commissioner] an Executive Director, who [shall serve in the unclassified service of the State.] must be:

      (a) Knowledgeable and experienced in public administration and fiscal management;

      (b) Knowledgeable in the areas of utility regulation by the Commission; and

      (c) Independent of and have no pecuniary interest in any entity regulated by the Commission.

      2.  The Executive Director shall:

      (a) Serve as Chief Financial Officer for the Commission;

      (b) Direct the daily operation of the Commission, including, without limitation:

 


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2009 Statutes of Nevada, Page 610 (Chapter 168, AB 510)

 

            (1) Budget preparation;

            (2) Administration;

            (3) Human resources;

            (4) Purchases and acquisitions made by the Commission; and

            (5) Contracts and leases entered into by the Commission;

      (c) Develop and implement policies and procedures to ensure the efficient operation of the Commission;

      (d) Oversee:

            (1) The review of applications for certificates, permits and modifications of tariffs;

            (2) The maintenance of a hearing calendar of all matters pending before the Commission; and

            (3) Compliance with and enforcement of statutes and regulations pertaining to utilities which are regulated by the Commission; and

      (e) Authenticate documents and serve as custodian of all agency records.

      3.  The Executive Director is in the unclassified service of the State.

      4.  The Executive Director, with the approval of the Commission , shall [appoint] designate a Secretary who shall perform such administrative and other duties as are prescribed by the [Commission.] Executive Director. The Executive Director, with the approval of the Commission , shall also [appoint] designate an Assistant Secretary.

      [3.] 5.  The [Commission] Executive Director may employ such other clerks, experts or engineers as may be necessary.

      [4.] 6.  Except as otherwise provided in subsection [5,] 7, 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.] 7.  The Commission shall not appoint a hearing officer to conduct proceedings or hearings:

      (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.

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

      Sec. 4.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

      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, the Consumer’s Advocate shall be deemed a party of record.

 


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application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

      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. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in [December 2007,] June 2010, and at least once every 36 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in [December 2008,] June 2011, and at least once every 36 months thereafter.

      (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $500,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.

 


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      (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $500,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.

The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility 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. 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. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. 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, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, 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.

 


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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 pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.

      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 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.

      (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.

 


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      (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.  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.

 


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      (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.

      (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 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 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.

      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.

      12.  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” 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.

      (c) “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.

 


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      Sec. 5.  NRS 704.120 is hereby amended to read as follows:

      704.120  1.  If, upon any hearing and after due investigation, the rates, tolls, charges, schedules or joint rates shall be found to be unjust, unreasonable or unjustly discriminatory, or to be preferential, or otherwise in violation of any of the provisions of this chapter, the Commission shall have the power to fix and order substituted therefor such rate or rates, tolls, charges or schedules as shall be just and reasonable.

      2.  If it shall in like manner be found that any regulation, measurement, practice, act or service complained of is unjust, unreasonable, insufficient, preferential, unjustly discriminatory or otherwise in violation of the provisions of this chapter, or if it be found that the service is inadequate, or that any reasonable service cannot be obtained, the Commission shall have the power to substitute therefor such other regulations, measurements, practices, service or acts and make such order relating thereto as may be just and reasonable.

      3.  When complaint is made of more than one rate, charge or practice, the Commission may, in its discretion, order separate hearings upon the several matters complained of and at such times and places as it may prescribe.

      4.  No complaint shall at any time be dismissed because of the absence of direct damage to the complainant.

      5.  The Commission may at any time, upon its own motion, investigate any of the rates, tolls, charges, rules, regulations, practices and service, and, after a full hearing as above provided, by order, make such changes as may be just and reasonable, the same as if a formal complaint had been made.

      6.  The provisions of this section do not apply to a competitive supplier, except that a competitive supplier that is an incumbent local exchange carrier is subject to the provisions of this section with regard to:

      (a) The provision of basic network service until January 1, 2012; and

      (b) Any general rate application filed by the competitive supplier pursuant to paragraph (b) of subsection 2 of NRS 704.68877. If the competitive supplier files such a general rate application, the general rate case proceeding must be conducted by the Commission in accordance with this section and NRS 704.110.

      7.  Nothing in this chapter shall be construed to prohibit the Commission from authorizing an electric utility to provide reduced rates to low-income customers upon a hearing and after due investigation.

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