Link to Page 820

 

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ê2009 Statutes of Nevada, Page 821 (Chapter 218, SB 302)ê

 

      6.  The practice of any legally qualified nurse of another state who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his official duties in this State [.] , including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act.

      7.  Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

      8.  A personal assistant from performing services for a person with a disability pursuant to NRS 629.091.

      9.  A natural person from providing supported living arrangement services if:

      (a) That person has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive; or

      (b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

Ê As used in this subsection, “supported living arrangement services” has the meaning ascribed to it in NRS 435.3315.

      Sec. 6.  NRS 633.171 is hereby amended to read as follows:

      633.171  1.  This chapter does not apply to:

      (a) The practice of medicine pursuant to chapter 630 of NRS, dentistry, chiropractic, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

      (b) A medical officer of the Armed [Services] Forces or a medical officer of any division or department of the United States in the discharge of his official duties [.] , including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act.

      (c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.

      2.  This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in cases of emergency.

      (b) The domestic administration of family remedies.

      Sec. 7.  NRS 635.015 is hereby amended to read as follows:

      635.015  1.  This chapter does not apply:

      (a) To commissioned surgeons of the United States Army, Navy or Marine Hospital Service in the actual performance of their official duties [.] , including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to section 1 of this act.

      (b) To physicians licensed in the State of Nevada.

 


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ê2009 Statutes of Nevada, Page 822 (Chapter 218, SB 302)ê

 

      2.  This chapter does not prohibit the manufacture, recommendation, advertisement, demonstration or sale of arch-support shoes, foot appliances or remedies by retail dealers.

      Sec. 8.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 219, SB 325

Senate Bill No. 325–Senator Cegavske

 

CHAPTER 219

 

AN ACT relating to communicable diseases; authorizing hospitals to establish a program concerning methicillin-resistant Staphylococcus aureus; encouraging the Nevada Hospital Association to develop a method to collect information concerning such infections; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      This bill authorizes each hospital in this State to establish a methicillin-resistant Staphylococcus aureus infection control program to identify patients with methicillin-resistant Staphylococcus aureus infection, isolate such patients, enforce hand-washing policies and work with the Nevada Hospital Association to develop a method to report information about such infections. This bill further encourages the Nevada Hospital Association, in cooperation with the Health Division of the Department of Health and Human Services and hospitals, to develop a model for reporting cases of methicillin-resistant Staphylococcus aureus infection.

 

 

      Whereas, Methicillin-resistant Staphylococcus aureus is a type of bacterial infection that is resistant to more than one class of antimicrobial agents and is one of the most common pathogens that cause healthcare-associated infections in the United States and in many parts of the world; and

      Whereas, Methicillin-resistant Staphylococcus aureus infections occur most frequently in patients who have undergone invasive medical procedures or who have a weakened immune system; and

      Whereas, In 2004, methicillin-resistant Staphylococcus aureus accounted for 63 percent of the total number of staphylococcus infections in healthcare settings; and

      Whereas, In 2005, approximately 94,360 people were infected with and 18,650 people died from methicillin-resistant Staphylococcus aureus infections; and

      Whereas, Methicillin-resistant Staphylococcus aureus infections can be prevented by practicing proper hygiene such as hand washing and contact precautions; now therefore,

 


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ê2009 Statutes of Nevada, Page 823 (Chapter 219, SB 325)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3.  (Deleted by amendment.)

      Sec. 4.  1.  Each hospital in this State is encouraged to establish a methicillin-resistant Staphylococcus aureus infection control program that requires:

      (a) The identification, through testing, of all patients in all intensive care units and other patients who are at risk for infection with or who are colonized with methicillin-resistant Staphylococcus aureus;

      (b) Proper isolation of patients who are identified as being infected with or colonized with methicillin-resistant Staphylococcus aureus;

      (c) Monitoring and strict enforcement of proper hygiene, including, without limitation, hand washing; and

      (d) The hospital to work with the Nevada Hospital Association to develop a model for reporting cases of methicillin-resistant Staphylococcus aureus infection in a timely manner.

      2.  The Nevada Hospital Association, in cooperation with the Health Division of the Department of Health and Human Services and hospitals in this State, is encouraged to develop a model for reporting cases of methicillin-resistant Staphylococcus aureus infection in a timely manner.

      3.  If the Nevada Hospital Association develops a model pursuant to subsection 2, on or before January 1, 2011, the Nevada Hospital Association shall submit a written report to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature concerning the model developed pursuant to that subsection.

________

 

CHAPTER 220, SB 60

Senate Bill No. 60–Committee on Health and Education

 

CHAPTER 220

 

AN ACT relating to public health; requiring the district board of health in certain counties and the State Board of Health in all other counties to evaluate the removal and remediation of methamphetamine and certain other substances; requiring the adoption of certain regulations; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides that a building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog which has not been deemed safe for habitation by a governmental entity or from which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so is a public nuisance. (NRS 40.140, 202.450) Sections 2 and 4 of this bill provide that the district board of health in a county whose population is 400,000 or more (currently Clark County) or the State Board of Health in all other counties is the governmental entity responsible for determining that the building or place is safe for habitation.

 


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ê2009 Statutes of Nevada, Page 824 (Chapter 220, SB 60)ê

 

      Existing law provides that in any sale, lease or rental of real property, the fact that the property is or has been the site of a crime that involves any quantity of methamphetamine must be disclosed to the buyer, lessee or tenant unless: (1) all materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or (2) the property has been deemed safe for habitation by a governmental entity. (NRS 40.770) Existing law requires similar disclosures to a transferee of a manufactured home, mobile home or commercial coach that is or has been the site of a crime that involves any quantity of methamphetamine. (NRS 489.776) Sections 3 and 9 of this bill provide that the district board of health in a county whose population is 400,000 or more or the State Board of Health in all other counties is the governmental entity responsible for determining that the property is safe for habitation.

      Section 1 of this bill requires a district board of health and the State Board of Health to evaluate the removal or remediation of substances involving a controlled substance, immediate precursor or controlled substance analog and any material, compound, mixture or preparation that contains any quantity of methamphetamine. Section 1 further requires the State Environmental Commission to adopt regulations: (1) concerning the monitoring of the removal or remediation of such substances; and (2) establishing standards pursuant to which a property, building or place may be deemed safe for habitation.

 

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 a new section to read as follows:

      1.  The board of health or its agent shall, for the purposes of NRS 40.140, 40.770, 202.450 and 489.776, evaluate the removal or remediation by any entity certified or licensed to do so of:

      (a) Substances involving a controlled substance, immediate precursor or controlled substance analog; and

      (b) Any material, compound, mixture or preparation that contains any quantity of methamphetamine.

      2.  The State Environmental Commission shall adopt regulations:

      (a) To carry out the provisions of subsection 1;

      (b) Establishing standards pursuant to which a building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog may be deemed safe for habitation for the purposes of NRS 40.140 and 202.450; and

      (c) Establishing standards pursuant to which any property that is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation that contains any quantity of methamphetamine may be deemed safe for habitation for the purposes of NRS 40.770 and 489.776.

      3.  As used in this section:

      (a) “Board of health” means:

            (1) In a county whose population is 400,000 or more, the district board of health; or

            (2) In a county whose population is less than 400,000, the State Board of Health.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

 


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ê2009 Statutes of Nevada, Page 825 (Chapter 220, SB 60)ê

 

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      Sec. 2.  NRS 40.140 is hereby amended to read as follows:

      40.140  1.  Except as otherwise provided in this section:

      (a) Anything which is injurious to health, or indecent and offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property;

      (b) A building or place used for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, using or giving away a controlled substance, immediate precursor or controlled substance analog; or

      (c) A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog and:

            (1) Which has not been deemed safe for habitation by [a governmental entity;] the board of health; or

            (2) From which all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have not been removed or remediated by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog,

Ê is a nuisance, and the subject of an action. The action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance, and by the judgment the nuisance may be enjoined or abated, as well as damages recovered.

      2.  It is presumed:

      (a) That an agricultural activity conducted on farmland, consistent with good agricultural practice and established before surrounding nonagricultural activities is reasonable. Such activity does not constitute a nuisance unless the activity has a substantial adverse effect on the public health or safety.

      (b) That an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

      3.  A shooting range does not constitute a nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range in operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range that begins operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      4.  As used in this section:

      (a) “Board of health” has the meaning ascribed to it in section 1 of this act.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      [(b)] (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

 


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ê2009 Statutes of Nevada, Page 826 (Chapter 220, SB 60)ê

 

      [(c)] (d) “Shooting range” means an area designed and used for archery or sport shooting, including, but not limited to, sport shooting that involves the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or other similar items.

      Sec. 3.  NRS 40.770 is hereby amended to read as follows:

      40.770  1.  Except as otherwise provided in subsection 6, in any sale, lease or rental of real property, the fact that the property is or has been:

      (a) The site of a homicide, suicide or death by any other cause, except a death that results from a condition of the property;

      (b) The site of any crime punishable as a felony other than a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine; or

      (c) Occupied by a person exposed to the human immunodeficiency virus or suffering from acquired immune deficiency syndrome or any other disease that is not known to be transmitted through occupancy of the property,

Ê is not material to the transaction.

      2.  In any sale, lease or rental of real property, the fact that a sex offender, as defined in NRS 179D.095, resides or is expected to reside in the community is not material to the transaction, and the seller, lessor or landlord or any agent of the seller, lessor or landlord does not have a duty to disclose such a fact to a buyer, lessee or tenant or any agent of a buyer, lessee or tenant.

      3.  In any sale, lease or rental of real property, the fact that a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS is located near the property being sold, leased or rented is not material to the transaction.

      4.  A seller, lessor or landlord or any agent of the seller, lessor or landlord is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the seller, lessor or landlord or agent of the seller, lessor or landlord had no actual knowledge.

      5.  Except as otherwise provided in an agreement between a buyer, lessee or tenant and his agent, an agent of the buyer, lessee or tenant is not liable to the buyer, lessee or tenant in any action at law or in equity because of the failure to disclose any fact described in subsection 1, 2 or 3 that is not material to the transaction or of which the agent of the buyer, lessee or tenant had no actual knowledge.

      6.  For purposes of this section, the fact that the property is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine is not material to the transaction if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the property by an entity certified or licensed to do so; or

      (b) The property has been deemed safe for habitation by [a governmental entity.] the board of health.

      7.  As used in this section [, “facility] :

      (a) “Board of health” has the meaning ascribed to it in section 1 of this act.

      (b) “Facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

 


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ê2009 Statutes of Nevada, Page 827 (Chapter 220, SB 60)ê

 

      Sec. 4.  NRS 202.450 is hereby amended to read as follows:

      202.450  1.  A public nuisance is a crime against the order and economy of the State.

      2.  Every place:

      (a) Wherein any gambling, bookmaking or pool selling is conducted without a license as provided by law, or wherein any swindling game or device, or bucket shop, or any agency therefor is conducted, or any article, apparatus or device useful therefor is kept;

      (b) Wherein any fighting between animals or birds is conducted;

      (c) Wherein any dog races are conducted as a gaming activity;

      (d) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution;

      (e) Wherein a controlled substance, immediate precursor or controlled substance analog is unlawfully sold, served, stored, kept, manufactured, used or given away; or

      (f) Where vagrants resort,

Ê is a public nuisance.

      3.  Every act unlawfully done and every omission to perform a duty, which act or omission:

      (a) Annoys, injures or endangers the safety, health, comfort or repose of any considerable number of persons;

      (b) Offends public decency;

      (c) Unlawfully interferes with, befouls, obstructs or tends to obstruct, or renders dangerous for passage, a lake, navigable river, bay, stream, canal, ditch, millrace or basin, or a public park, square, street, alley, bridge, causeway or highway; or

      (d) In any way renders a considerable number of persons insecure in life or the use of property,

Ê is a public nuisance.

      4.  A building or place which was used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog is a public nuisance if the building or place has not been deemed safe for habitation by [a governmental entity] the board of health and:

      (a) The owner of the building or place allows the building or place to be used for any purpose before all materials or substances involving the controlled substance, immediate precursor or controlled substance analog have been removed from or remediated on the building or place by an entity certified or licensed to do so; or

      (b) The owner of the building or place fails to have all materials or substances involving the controlled substance, immediate precursor or controlled substance analog removed from or remediated on the building or place by an entity certified or licensed to do so within 180 days after the building or place is no longer used for the purpose of unlawfully manufacturing a controlled substance, immediate precursor or controlled substance analog.

      5.  Agricultural activity conducted on farmland consistent with good agricultural practice and established before surrounding nonagricultural activities is not a public nuisance unless it has a substantial adverse effect on the public health or safety. It is presumed that an agricultural activity which does not violate a federal, state or local law, ordinance or regulation constitutes good agricultural practice.

 


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ê2009 Statutes of Nevada, Page 828 (Chapter 220, SB 60)ê

 

      6.  A shooting range is not a public nuisance with respect to any noise attributable to the shooting range if the shooting range is in compliance with the provisions of all applicable statutes, ordinances and regulations concerning noise:

      (a) As those provisions existed on October 1, 1997, for a shooting range that begins operation on or before October 1, 1997; or

      (b) As those provisions exist on the date that the shooting range begins operation, for a shooting range in operation after October 1, 1997.

Ê A shooting range is not subject to any state or local law related to the control of noise that is adopted or amended after the date set forth in paragraph (a) or (b), as applicable, and does not constitute a nuisance for failure to comply with any such law.

      7.  As used in this section:

      (a) “Board of health” has the meaning ascribed to it in section 1 of this act.

      (b) “Controlled substance analog” has the meaning ascribed to it in NRS 453.043.

      [(b)] (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      [(c)] (d) “Shooting range” has the meaning ascribed to it in NRS 40.140.

      Secs. 5-8.  (Deleted by amendment.)

      Sec. 9.  NRS 489.776 is hereby amended to read as follows:

      489.776  1.  Except as otherwise provided in this section and unless required to make a disclosure pursuant to NRS 40.770, if a manufactured home, mobile home or commercial coach is or has been the site of a crime that involves the manufacturing of any material, compound, mixture or preparation which contains any quantity of methamphetamine, a transferor or his agent who has actual knowledge of such information shall disclose the information to a transferee or his agent.

      2.  The disclosure described in subsection 1 is not required if:

      (a) All materials and substances involving methamphetamine have been removed from or remediated on the manufactured home, mobile home or commercial coach by an entity certified or licensed to do so; or

      (b) The manufactured home, mobile home or commercial coach has been deemed safe for habitation by [a governmental entity.] the board of health.

      3.  The disclosure described in subsection 1 is not required for any sale or other transfer or intended sale or other transfer of a manufactured home, mobile home or commercial coach by a transferor:

      (a) To any co-owner of the manufactured home, mobile home or commercial coach, the spouse of the transferor or a person related within the third degree of consanguinity or affinity to the transferor; or

      (b) If the transferor is a dealer and this is the first sale or transfer of a new manufactured home, mobile home or commercial coach.

      4.  The Division may adopt regulations to carry out the provisions of this section.

      5.  As used in this section, “board of health” has the meaning ascribed to it in section 1 of this act.

      Sec. 10.  This act becomes effective upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on July 1, 2009, for all other purposes.

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ê2009 Statutes of Nevada, Page 829ê

 

CHAPTER 221, SB 108

Senate Bill No. 108–Committee on Natural Resources

 

CHAPTER 221

 

AN ACT relating to mining claims; providing that a hollow metal post which is used as a valid legal monument to mark the boundaries of a lode mining claim must meet certain requirements; requiring the replacement of durable plastic pipe on lode mining claims; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the use of hollow metal posts and durable plastic pipe to define the boundaries of a lode mining claim if the post or pipe is securely capped with no open perforations. (NRS 517.030) This bill provides that a hollow metal post which is used to mark the boundaries of a lode mining claim must be securely capped or crimped in a manner that securely closes the top of the post and have no open perforations. This bill also provides that any durable plastic pipe used to mark a claim must be replaced on or before November 1, 2011. If replaced on or before that date, the durable plastic pipe must be taken from the lode mining claim and disposed of in a lawful manner. After that date, any such durable plastic pipe may be removed and placed adjacent to the location from which it is removed.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 517.030 is hereby amended to read as follows:

      517.030  1.  Within 60 days after posting the notice of location, the locator of a lode mining claim shall distinctly define the boundaries of the claim by placing a valid legal monument at each corner of the claim. A valid legal monument may be created by:

      (a) [Removing the top of] Blazing and marking a tree, which has a diameter of not less than 4 inches, not less than 3 feet above the ground ; [, and blazing and marking it;]

      (b) Capping a rock in place with smaller stones so that the rock and stones have a height of not less than 3 feet; or

      (c) Setting a wooden or metal post or a stone.

      2.  If a wooden post is used, the dimensions of the post must be at least 1 1/2 inches by 1 1/2 inches by 4 feet, and the post must be set 1 foot in the ground.

      3.  If a metal post is used, the post must be at least 2 inches in diameter by 4 feet in length [,] and [it must] be set 1 foot in the ground. If the metal post is hollow, it must [be] :

      (a) Be securely capped [.] or crimped in a manner that securely closes the top of the post; and

      (b) Have no open perforations.

      4.  If it is practically impossible, because of bedrock or precipitous ground, to sink a post, it may be placed in a mound of earth or stones. If the proper placing of a monument is impracticable or dangerous to life or limb, the monument may be placed at the nearest point properly marked to designate its right place.

 


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ê2009 Statutes of Nevada, Page 830 (Chapter 221, SB 108)ê

 

      5.  If a stone is used which is not a rock in place, the stone must be not less than 6 inches in diameter and 18 inches in length [,] and [it must] be set with two-thirds of its length in the top of a mound of earth or stone 3 feet in diameter and 2 1/2 feet in height.

      6.  [Durable] Except as otherwise provided in subsection 7, a durable plastic pipe that was set before March 16, 1993, for the purpose of defining the boundaries of a lode mining claim shall be deemed to constitute a valid legal monument if:

      (a) The pipe is at least 3 inches in diameter by 4 feet in length [,] and [the pipe] is set 1 foot in the ground; and

      (b) The pipe is securely capped with no open perforations.

      7.  The locator of a lode mining claim located before March 16, 1993, the boundaries of which are defined by a durable plastic pipe described in subsection 6, or his successor in interest, [may] shall, on or before November 1, 2011, remove the durable plastic pipe [described in subsection 6] and replace the monument of location and the corner monuments with valid legal monuments in the manner prescribed pursuant to subsection 1. [The] If the locator or his successor in interest [is not required to replace a monument located at the center of a side line. Within] replaces the durable plastic pipe on or before that date, the locator or his successor in interest shall, within 60 days after the replacement, [the locator of the lode mining claim, or his successor in interest, shall] record a notice of remonumentation with the county recorder of the county in which the claim is located and pay the fee required by NRS 247.305. The notice must contain:

      (a) The name of the claim;

      (b) The book and page number or the document number of the certificate of location or the most recent amendment to the certificate of location;

      (c) The book and page number or the document number of the map filed pursuant to NRS 517.040; and

      (d) A description of the monument used to replace each monument that is removed.

Ê The notice may include more than one claim. Any durable plastic pipe that is removed pursuant to this subsection must be taken from the lode mining claim and disposed of in a lawful manner.

      8.  After November 1, 2011, any durable plastic pipe that is not removed pursuant to subsection 7 may be removed and placed on the ground immediately adjacent to the location from which it is removed to preserve evidence of its use as a monument for the lode mining claim.

      9.  The replacement of a durable plastic pipe or the recording of a notice pursuant to subsection 7 does not:

      (a) Amend or otherwise affect the legal validity of the claim for which the monuments were created;

      (b) Modify the date of location of the claim; or

      (c) Require the filing of an additional or amended map pursuant to NRS 517.040.

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

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ê2009 Statutes of Nevada, Page 831ê

 

CHAPTER 222, SB 137

Senate Bill No. 137–Senators Breeden, Parks, Copening and Woodhouse

 

Joint Sponsors: Assemblymen Segerblom; Denis, Koivisto, Manendo, Munford, Ohrenschall and Parnell

 

CHAPTER 222

 

AN ACT relating to recycling; providing for the placement of recycling containers on the premises of certain apartment complexes, condominiums and the Nevada System of Higher Education and its branches and facilities; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the board of county commissioners in a county whose population is 100,000 or more (currently Clark and Washoe Counties) is required to make available for use in that county a program for separating recyclable material from other solid waste originating from certain residential premises and public buildings. Existing law authorizes certain other counties and municipalities to provide such a program. (NRS 444A.040) Section 7 of this bill provides for the inclusion of provisions concerning the placement of recycling containers on the premises of apartment complexes and condominiums in the recycling programs of those counties and municipalities.

      Existing law authorizes each board of county commissioners in this State to regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county. (NRS 244.3675) Existing law confers similar authority upon the governing body of an incorporated city in this State. (NRS 268.413) Section 11 of this bill prohibits a board of county commissioners of a county or a governing body of a city from approving, on or after October 1, 2009, any plan or revised plan for the construction or major renovation of an apartment complex or condominium unless the plan or revised plan includes provisions for the placement of recycling containers on the premises of the apartment complex or condominium.

      Existing law requires the Board of Regents of the University of Nevada to prescribe procedures for the recycling of paper and paper products used by the Nevada System of Higher Education and requires the Board of Regents to pay any money received by the System for recycling those products to the State Treasurer for credit to the State General Fund. (NRS 396.437) Section 14 of this bill requires the Board to prescribe procedures for the recycling of other waste materials, including, without limitation, the placement of recycling containers on the premises of the System or any of its branches or facilities where services for the collection of solid waste are provided. Section 14 also requires the money received by the System for recycling those materials to be accounted for separately and used to carry out the provisions of that section.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 444A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  “Apartment complex” means a building or group of buildings, each building of which consists of at least five units of connecting rooms, with each unit designed for independent housekeeping.

 


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ê2009 Statutes of Nevada, Page 832 (Chapter 222, SB 137)ê

 

      Sec. 3.  “Condominium” has the meaning ascribed to it in NRS 117.010.

      Sec. 4.  NRS 444A.010 is hereby amended to read as follows:

      444A.010  As used in NRS 444A.010 to 444A.080, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms described in NRS 444A.011 to 444A.017, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Secs. 5 and 6.  (Deleted by amendment.)

      Sec. 7.  NRS 444A.040 is hereby amended to read as follows:

      444A.040  1.  The board of county commissioners in a county whose population is 100,000 or more, or its designee, shall make available for use in that county a program for:

      (a) The separation at the source of recyclable material from other solid waste originating from [the] residential premises and public buildings where services for the collection of solid waste are provided [.] , including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

      (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

      (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

      (d) The encouragement of businesses to reduce solid waste and to separate at the source recyclable material from other solid waste. This program must, without limitation, make information regarding solid waste reduction and recycling opportunities available to a business at the time the business applies for or renews a business license.

      2.  The board of county commissioners of a county whose population is 40,000 or more but less than 100,000, or its designee:

      (a) May make available for use in that county a program for the separation at the source of recyclable material from other solid waste originating from [the] residential premises and public buildings where services for the collection of solid waste are provided [.] , including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

      (b) Shall make available for use in that county a program for:

            (1) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program established pursuant to paragraph (a).

            (2) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

      3.  The board of county commissioners of a county whose population is less than 40,000, or its designee, may make available for use in that county a program for:

 


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ê2009 Statutes of Nevada, Page 833 (Chapter 222, SB 137)ê

 

      (a) The separation at the source of recyclable material from other solid waste originating from [the] residential premises and public buildings where services for the collection of solid waste are provided [.] , including, without limitation, the placement of recycling containers on the premises of apartment complexes and condominiums where those services are provided.

      (b) The establishment of recycling centers for the collection and disposal of recyclable material where existing recycling centers do not carry out the purposes of the program.

      (c) The disposal of hazardous household products which are capable of causing harmful physical effects if inhaled, absorbed or ingested. This program may be included as a part of any other program made available pursuant to this subsection.

      4.  Any program made available pursuant to this section:

      (a) Must not:

            (1) Conflict with the standards adopted by the State Environmental Commission pursuant to NRS 444A.020; and

            (2) Become effective until approved by the Department.

      (b) May be based on the model plans adopted pursuant to NRS 444A.030.

      5.  The governing body of a municipality may adopt and carry out within the municipality such programs made available pursuant to this section as are deemed necessary and appropriate for that municipality.

      6.  Any municipality may, with the approval of the governing body of an adjoining municipality, participate in any program adopted by the adjoining municipality pursuant to subsection 5.

      7.  Persons residing on an Indian reservation or Indian colony may participate in any program adopted pursuant to subsection 5 by a municipality in which the reservation or colony is located if the governing body of the reservation or colony adopts an ordinance requesting such participation. Upon receipt of such a request, the governing body of the municipality shall make available to the residents of the reservation or colony those programs requested.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  NRS 244.3675 is hereby amended to read as follows:

      244.3675  Subject to the limitations set forth in NRS 244.368, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 11 of this act, the boards of county commissioners within their respective counties may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the county.

      2.  Adopt any building, electrical, housing, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, these fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 10.  NRS 268.413 is hereby amended to read as follows:

      268.413  Subject to the limitations contained in NRS 244.368, 278.580, 278.582, 444.340 to 444.430, inclusive, and 477.030, and section 11 of this act, the city council or other governing body of an incorporated city may:

      1.  Regulate all matters relating to the construction, maintenance and safety of buildings, structures and property within the city.

 


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ê2009 Statutes of Nevada, Page 834 (Chapter 222, SB 137)ê

 

      2.  Adopt any building, electrical, plumbing or safety code necessary to carry out the provisions of this section and establish such fees as may be necessary. Except as otherwise provided in NRS 278.580, [these] those fees do not apply to the State of Nevada or the Nevada System of Higher Education.

      Sec. 11.  Chapter 278 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On and after October 1, 2009, a governing body or its designee shall not approve any plan or revised plan for the construction or major renovation of an apartment complex or condominium unless the plan or revised plan includes provisions for the placement of recycling containers on the premises of the apartment complex or condominium.

      2.  As used in this section:

      (a) “Apartment complex” has the meaning ascribed to it in section 2 of this act.

      (b) “Condominium” has the meaning ascribed to it in NRS 117.010.

      (c) “Major renovation” means the destruction or reconstruction of an apartment complex or condominium to an extent which exceeds 50 percent of the replacement value of the apartment complex or condominium.

      Sec. 12.  NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 11 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0105 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 13.  NRS 278.460 is hereby amended to read as follows:

      278.460  1.  A county recorder shall not record any final map unless the map:

      (a) Contains or is accompanied by the report of a title company and all the certificates of approval, conveyance and consent required by the provisions of NRS 278.374 to 278.378, inclusive, and by the provisions of any local ordinance; and

      (b) Is accompanied by a written statement signed by the treasurer of the county in which the land to be divided is located indicating that all property taxes on the land for the fiscal year have been paid and that the full amount of any deferred property taxes for the conversion of the property from agricultural use has been paid pursuant to NRS 361A.265.

      2.  The provisions of NRS 278.010 to 278.630, inclusive, and section 11 of this act do not prevent the recording, pursuant to the provisions of NRS 278.010 to 278.630, inclusive, and section 11 of this act, and any applicable local ordinances, of a map of any land which is not a subdivision, nor do NRS 278.010 to 278.630, inclusive, and section 11 of this act prohibit the recording of a map in accordance with the provisions of any statute requiring the recording of professional land surveyor’s records of surveys.

      3.  A county recorder shall accept or refuse a final map for recordation within 10 days after its delivery to him.

      4.  A county recorder who records a final map pursuant to this section shall, within 7 working days after he records the final map, provide to the county assessor at no charge:

      (a) A duplicate copy of the final map and any supporting documents; or

      (b) Access to the digital final map and any digital supporting documents. The map and supporting documents must be in a form that is acceptable to the county recorder and the county assessor.

 


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ê2009 Statutes of Nevada, Page 835 (Chapter 222, SB 137)ê

 

      Sec. 14.  NRS 396.437 is hereby amended to read as follows:

      396.437  1.  Except as otherwise provided in this section, the System shall recycle or cause to be recycled the paper and paper products it uses. This subsection does not apply to confidential documents if there is an additional cost for recycling those documents.

      2.  The System is not required to comply with the requirements of subsection 1 if the Board of Regents determines that the cost to recycle or cause to be recycled the paper and paper products used by the System or one of its branches or facilities is unreasonable and would place an undue burden on the operations of the System, branch or facility.

      3.  The Board of Regents shall adopt regulations which prescribe the procedure for the disposition of the paper and paper products to be recycled. The Board of Regents [may] shall prescribe [a procedure] procedures for the recycling of other waste material produced on the premises of the System, a branch or a facility [.] , including, without limitation, the placement of recycling containers on the premises of the System, a branch or a facility where services for the collection of solid waste are provided.

      4.  Any money received by the System for recycling or causing to be recycled the paper and paper products it uses and other waste material it produces must be [paid by the Board of Regents to the State Treasurer for credit to the State General Fund.] accounted for separately and used to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Paper” includes newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeo paper, duplicator paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (b) “Paper product” means any paper article or commodity, including, but not limited to, paper napkins, towels, cardboard, construction material, paper and any other cellulosic material which contains not more than 10 percent by weight or volume of a noncellulosic material, including, but not limited to, a laminate, binder, coating and saturant.

      (c) “Solid waste” has the meaning ascribed to it in NRS 444.490.

      Secs. 15 and 16.  (Deleted by amendment.)

________

 


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ê2009 Statutes of Nevada, Page 836ê

 

CHAPTER 223, SB 245

Senate Bill No. 245–Senator Lee

 

CHAPTER 223

 

AN ACT relating to regional transportation commissions; reorganizing provisions governing regional transportation commissions; providing that regional transportation commissions may authorize vending stands; authorizing certain governmental entities to collect fees for placing street banners within rights-of-way and public easements; authorizing certain regional transportation commissions to enter into certain hedge contracts for fuel; making various other changes to provisions relating to regional transportation commissions; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Nevada has enacted the County Motor Vehicle Fuel Tax Law which, in part, authorizes certain counties to create regional transportation commissions and impose certain taxes on fuel. (Chapter 373 of NRS) Sections 2-41 and 64 of this bill reorganize the provisions relating to regional transportation commissions into chapter 277 of NRS to be known as the Regional Transportation Commission Act.

      Sections 17 and 31 of this bill authorize the regional transportation commission in a county with a population of 400,000 or more (currently Clark County) to construct, install and maintain vending stands in a building, terminal or parking facility owned, operated or leased by the commission. Such vending stands may provide any approved articles, food or beverages to passengers of public mass transportation within the county.

      Sections 15 and 28 of this bill authorize regional transportation commissions, under certain circumstances, to place street banners along public highways and within rights-of-way and public easements. Fees collected for placing street banners must be given to the governmental entities that own or control the public easements or rights-of-way where the street banners are placed, less an administrative fee given to the commissions to fund road repair and maintenance.

      Section 34 of this bill authorizes a regional transportation commission to construct, modify, operate and maintain certain electrical and communications systems.

      Section 38 of this bill authorizes a regional transportation commission that budgets $1,000,000 or more in a fiscal year for the purchase of fuel to enter into a fuel hedge contract under certain circumstances.

      Section 55 of this bill requires the governing body of each city that participates in a regional transportation commission to approve the dissolution of the commission, in addition to the governing body of the county. (NRS 373.120)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 41, inclusive, of this act.

      Sec. 2.  Sections 2 to 41, inclusive, of this act may be known and cited as the Regional Transportation Commission Act.

      Sec. 3.  As used in sections 2 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 17, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2009 Statutes of Nevada, Page 837 (Chapter 223, SB 245)ê

 

      Sec. 4.  “Acquire” or “acquisition” means the opening, laying out, establishment, purchase, construction, securing, installation, reconstruction, lease, gift, grant from the United States of America, any agency, instrumentality or corporation thereof, the State of Nevada, any body corporate and politic therein, any corporation, or any person, the endowment, bequest, devise, condemnation, transfer, assignment, option to purchase, other contract, or other acquirement, or any combination thereof, of any project, or an interest therein, authorized by sections 2 to 41, inclusive, of this act.

      Sec. 5.  “Board” means the board of county commissioners.

      Sec. 6.  “City” means an incorporated city.

      Sec. 7.  “Commission” means a regional transportation commission created pursuant to section 18 of this act.

      Sec. 8.  “Cost of the project,” or any phrase of similar import, means all or any part designated by the board of the cost of any project, or interest therein, being acquired, which cost, at the option of the board, may include all or any part of the incidental costs pertaining to the project, including, without limitation, preliminary expenses advanced by the county from money available for use therefor or any other source, or advanced by any city with the approval of the county from money available therefor or from any other source, or advanced by the State of Nevada or the Federal Government, or any corporation, agency or instrumentality thereof, with the approval of the county, or any combination thereof, in the making of surveys, preliminary plans, estimates of costs, other preliminaries, the costs of appraising, printing, estimates, advice, contracting for the services of engineers, architects, financial consultants, attorneys at law, clerical help, other agents or employees, the costs of making, publishing, posting, mailing and otherwise giving any notice in connection with the project, the taking of options, the issuance of bonds and other securities, contingencies, the capitalization with bond proceeds of any interest on the bonds for any period not exceeding 1 year and of any reserves for the payment of the principal of an interest on the bonds, the filing or recordation of instruments, the costs of medium-term obligations, construction loans and other temporary loans not exceeding 10 years appertaining to the project and of the incidental expenses incurred in connection with such financing or loans, and all other expenses necessary or desirable and appertaining to any project, as estimated or otherwise ascertained by the board.

      Sec. 9.  “Department” means the Department of Motor Vehicles.

      Sec. 10.  “Fixed guideway” means a mass transportation facility which uses and occupies a separate right-of-way or rails exclusively for public transportation, including, without limitation, fixed rail, automated guideway transit and exclusive facilities for buses.

      Sec. 11.  “Improve” or “improvement” means the extension, widening, lengthening, betterment, alteration, reconstruction, surfacing, resurfacing or other major improvement, or any combination thereof, of any project, or an interest therein, authorized by sections 2 to 41, inclusive, of this act. The term includes renovation, reconditioning, patching, general maintenance and other minor repairs.

      Sec. 12.  “Project” means:

      1.  In a county whose population is 100,000 or more, street and highway construction, including, without limitation, the acquisition and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts

 


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ê2009 Statutes of Nevada, Page 838 (Chapter 223, SB 245)ê

 

improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition and improvement of all types of property therefor.

      2.  In a county whose population is less than 100,000, street and highway construction, maintenance or repair, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of any street, avenue, boulevard, alley, highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, and also including, without limitation, grades, regrades, gravel, oiling, surfacing, macadamizing, paving, crosswalks, sidewalks, pedestrian rights-of-way, driveway approaches, curb cuts, curbs, gutters, culverts, catch basins, drains, sewers, manholes, inlets, outlets, retaining walls, bridges, overpasses, tunnels, underpasses, approaches, sprinkling facilities, artificial lights and lighting equipment, parkways, grade separators, traffic separators and traffic control equipment, and all appurtenances and incidentals, or any combination thereof, including, without limitation, the acquisition, maintenance, repair and improvement of all types of property therefor.

      Sec. 13.  “Public highway” means any street, road, alley, thoroughfare, way or place of any kind used by the public or open to the use of the public as a matter of right for the purpose of vehicular traffic.

      Sec. 14.  “Public transit system” means a system employing motor buses, rails or any other means of conveyance, by whatever type of power, operated for public use in the conveyance of persons.

      Sec. 15.  “Street banner” means a sign which a commission has authorized pursuant to section 28 of this act to be hung:

      1.  Along any street, avenue, boulevard, alley, public highway or other public right-of-way used for any vehicular traffic, and including a sidewalk designed primarily for use by pedestrians, within the jurisdiction of the commission.

      2.  On any facility owned or leased by the commission, the county or any participating city.

      Sec. 16.  “Town” means an unincorporated town.

      Sec. 17.  “Vending stand” means:

      1.  Such buildings, counters, shelving, display and wall cases, refrigerating apparatus and other appropriate auxiliary equipment as are necessary or customarily used for the vending of such articles or the provision of such services as may be approved by the commission and the governing body having care, custody and control of the property on which the vending stand is located;

      2.  Manual or coin-operated vending machines or similar devices for vending such articles, operated at buildings, terminals and parking facilities owned or leased by the commission, even though no person is physically present on the premises except to service the machines;

 


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ê2009 Statutes of Nevada, Page 839 (Chapter 223, SB 245)ê

 

facilities owned or leased by the commission, even though no person is physically present on the premises except to service the machines;

      3.  A snack bar for the dispensing of foodstuffs and beverages; or

      4.  Portable shelters which can be disassembled and reassembled, and the equipment therein, used for the vending of approved articles, foodstuffs or beverages or the provision of approved services.

      Sec. 18.  In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance create a regional transportation commission.

      Sec. 19.  1.  In counties whose population is 100,000 or more, the commission must be composed of representatives selected by the following entities from among their members:

      (a) Two by the board.

      (b) Two by the governing body of the largest city in the county.

      (c) One by the governing body of each additional city in the county.

      2.  In counties whose population is less than 100,000, the commission must be composed of representatives selected as follows:

      (a) If the county contains three or more cities:

            (1) Two by the board.

            (2) One by the governing body of the largest city.

      (b) If the county contains only two cities:

            (1) Three by the board, at least one of whom is a representative of the public who is a resident of the county.

            (2) One by the governing body of each city in the county.

      (c) If the county contains only one city:

            (1) Two by the board.

            (2) One by the governing body of the city.

      (d) If the county contains no city, the board shall select:

            (1) Two members of the board; and

            (2) One representative of the public, who is a resident of the largest town, if any, in the county.

      3.  In Carson City, the commission must be composed of representatives selected by the Board of Supervisors as follows:

      (a) Two members of the Board of Supervisors, one of whom must be designated by the commission to serve as chairman of the commission.

      (b) Three representatives of the city at large.

      4.  The first representatives must be selected within 30 days after passage of the ordinance creating the commission, and, except as otherwise provided in subsections 5, 6 and 7, must serve until the next ensuing December 31 of an even-numbered year. The representative of any city incorporated after passage of the ordinance must be selected within 30 days after the first meeting of the governing body, and, except as otherwise provided in subsection 7, must serve until the next ensuing December 31 of an even-numbered year. Their successors must serve for terms of 2 years, and vacancies must be filled for the unexpired term.

      5.  In Carson City:

      (a) One representative of the commission who is a member of the Board of Supervisors and one representative of the commission who is a representative of the city at large must serve until the next ensuing December 31 of an even-numbered year; and

 


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ê2009 Statutes of Nevada, Page 840 (Chapter 223, SB 245)ê

 

      (b) One representative of the commission who is a member of the Board of Supervisors and two representatives of the commission who are representatives of the city at large must serve until the next ensuing December 31 of an odd-numbered year.

      6.  In counties whose population is 100,000 or more, but less than 400,000:

      (a) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an even-numbered year; and

      (b) One representative selected by the board and one representative selected by the governing body of the largest city in the county must serve until the next ensuing December 31 of an odd-numbered year.

      7.  In counties whose population is 400,000 or more, the first representatives and the representative of any city incorporated after passage of the ordinance must serve until the next ensuing June 30 of an odd-numbered year.

      Sec. 20.  The commission shall provide for its organization and meetings.

      Sec. 21.  1.  A commission may be designated as a metropolitan planning organization pursuant to 23 U.S.C. § 134 and 49 U.S.C. § 5303.

      2.  If a commission is designated as a metropolitan planning organization, the commission shall carry out the duties prescribed by federal law for a metropolitan planning organization in addition to any other duties required by specific statute.

      Sec. 22.  1.  In any county in which a commission has been created by ordinance, the commission may:

      (a) Receive and disburse federal funds;

      (b) Submit project applications and programs of projects to federal agencies;

      (c) Enter into formal agreements concerning projects with federal agencies; and

      (d) Conduct public hearings and certify that such hearings were conducted.

      2.  If a commission receives federal funds for any project, the commission shall comply with any applicable federal law in relation to providing goods or services related to such project.

      Sec. 23.  The commission may establish a fund consisting of contributions from private sources, the State or the county and cities and towns within the jurisdiction of the commission for the purpose of matching federal money from any federal source.

      Sec. 24.  A commission may:

      1.  Acquire and own both real and personal property.

      2.  Exercise the power of eminent domain, if the city or county which has jurisdiction over the property approves, for the acquisition, construction, repair or maintenance of public roads, or for any other purpose related to public mass transportation.

      3.  Sell, lease or convey or otherwise dispose of rights, interests or properties.

      4.  Adopt regulations for:

      (a) Financing eligible activities; and

      (b) The operation of systems or services provided by the commission.

 


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ê2009 Statutes of Nevada, Page 841 (Chapter 223, SB 245)ê

 

      Sec. 25.  A commission may:

      1.  Sue and be sued.

      2.  Prepare and approve budgets for the regional street and highway fund, the public transit fund and money it receives from any source.

      3.  Adopt bylaws for the administration of its affairs and rules for the administration and operation of facilities under its control.

      4.  Conduct studies, develop plans and conduct public hearings to establish and approve short-range and regional plans for transportation.

      5.  Purchase insurance or establish a reserve or fund for self-insurance, or adopt any combination of these, to insure against loss by reason of:

      (a) Damages resulting from fire, theft, accident or other casualty; or

      (b) The commission’s liability for other damages to persons or property which occur in the construction or operation of facilities or equipment under its control or in the conduct of its activities.

      Sec. 26.  A commission may:

      1.  Provide for and maintain such security in operations as is necessary for the protection of persons and property under its jurisdiction and control.

      2.  Employ professional, technical, clerical and other personnel necessary to carry out the provisions of sections 2 to 41, inclusive, of this act.

      3.  Establish a fine for a passenger who refuses to pay or otherwise fails to pay the proper fare to ride on the public transit system established and operated by the commission. If the commission establishes such a fine, the commission may establish procedures that provide for the issuance and collection of the fine.

      Sec. 27.  1.  A commission may:

      (a) Operate a system of public transportation to the exclusion of any other publicly owned system of transportation within its area of jurisdiction.

      (b) Use streets, roads, highways and other public rights-of-way for public transportation.

      (c) Enter into agreements for the joint use of facilities, installations and properties and the joint exercise of statutory powers.

      (d) Prohibit the use of any facility, installation or property owned, operated or leased by the commission, including, without limitation, a transit stop or bus turnout, by any person other than the commission or its agents.

      (e) Enter into contracts, leases and agreements with and accept grants and loans from federal and state agencies, counties, cities, towns, other political subdivisions, public or private corporations and other persons, and may perform all acts necessary for the full exercise of the powers vested in the commission.

      2.  The powers and duties of a commission set forth in sections 2 to 41, inclusive, of this act, do not apply to any monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695.

      3.  As used in this section, “bus turnout” means a fixed area that is:

      (a) Adjacent or appurtenant to, or within a reasonable proximity of, a public highway; and

 


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ê2009 Statutes of Nevada, Page 842 (Chapter 223, SB 245)ê

 

      (b) To be occupied exclusively by buses in receiving or discharging passengers.

      Sec. 28.  1.  A commission may authorize street banners to be placed within the jurisdiction of the commission:

      (a) Along any public highway.

      (b) Except as otherwise provided in subsections 2 and 3, on a facility owned or leased by the commission, the county or any participating city, or within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

            (1) The facility, public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

            (2) The street banners may be located safely on the facility or within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

      2.  If the commission and the governmental entity that owns or controls a facility, public easement or right-of-way execute an interlocal or cooperative agreement that authorizes the placement of street banners, the commission may place street banners on the facility or within the public easement or right-of-way.

      3.  If the commission or any person authorized by the commission intends to place any street banner within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

      (a) Provide the governing body of the association with written notice of the intent to place the street banner within the public easement at least 30 days before such placement; and

      (b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the street banner within the public easement.

      4.  A commission may charge a fee to place a street banner. Any such fee collected by the commission must be paid to the governmental entity that owns or controls the facility, public easement or right-of-way where the street banner is placed. The governmental entity shall pay to the commission an administrative fee in an amount set forth in the agreement required pursuant to subsection 2. Any administrative fee paid to the commission pursuant to this subsection must be used by the commission to fund road improvement and maintenance.

      Sec. 29.  1.  A commission, a county whose population is less than 100,000 or a city within such a county may establish or operate a public transit system consisting of:

      (a) Regular routes and fixed schedules to serve the public;

      (b) Nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170, if the transportation is available upon request and without regard to regular routes or fixed schedules;

      (c) Nonmedical transportation of persons with disabilities without regard to regular routes or fixed schedules; or

      (d) In a county whose population is less than 100,000 or a city within such a county, nonmedical transportation of persons if the transportation is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

 


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is available by reservation 1 day in advance of the transportation and without regard to regular routes or fixed schedules.

      2.  A commission may lease vehicles to or from or enter into other contracts with a private operator for the provision of such a system.

      3.  In a county whose population is less than 400,000, such a system may also provide service which includes:

      (a) Minor deviations from the regular routes and fixed schedules required by paragraph (a) of subsection 1 on a recurring basis to serve the public transportation needs of passengers. The deviations must not exceed one-half mile from the regular routes.

      (b) The transporting of persons other than those specified in paragraph (b), (c) or (d) of subsection 1 upon request without regard to regular routes or fixed schedules, if the service is provided by a common motor carrier which has a certificate of public convenience and necessity issued by the Nevada Transportation Authority pursuant to NRS 706.386 to 706.411, inclusive, and the service is subject to the rules and regulations adopted by the Nevada Transportation Authority for a fully regulated carrier.

      4.  Notwithstanding the provisions of chapter 332 of NRS or NRS 625.530, a commission may utilize a turnkey procurement process to select a person to design, build, operate and maintain, or any combination thereof, a fixed guideway system, including, without limitation, any minimum operable segment thereof. The commission shall determine whether to utilize turnkey procurement for a fixed guideway project before the completion of the preliminary engineering phase of the project. In making that determination, the commission shall evaluate whether turnkey procurement is the most cost-effective method of constructing the project on schedule and in satisfaction of its transportation objectives.

      5.  Notwithstanding the provisions of chapter 332 of NRS, a commission may utilize a competitive negotiation procurement process to procure rolling stock for a fixed guideway project, rolling stock for a public transit system, facilities and any other equipment that is related to public transportation. The award of a contract under such a process must be made to the person whose proposal is determined to be the most advantageous to the commission, based on price and other factors specified in the procurement documents.

      6.  If a commission develops a fixed guideway project, the Department of Transportation is hereby designated to serve as the oversight agency to ensure compliance with the federal safety regulations for rail fixed guideway systems set forth in 49 C.F.R. Part 659.

      7.  As used in this section:

      (a) “Fully regulated carrier” means a common carrier or contract carrier of passengers or household goods who is required to obtain from the Nevada Transportation Authority a certificate of public convenience and necessity or a contract carrier’s permit and whose rates, routes and services are subject to regulation by the Nevada Transportation Authority.

      (b) “Minimum operable segment” means the shortest portion of a fixed guideway system that is technically capable of providing viable public transportation between two end points.

      (c) “Turnkey procurement” means a competitive procurement process by which a person is selected by a commission, based on evaluation criteria established by the commission, to design, build, operate and maintain, or any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

 


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any combination thereof, a fixed guideway system, or a portion thereof, in accordance with performance criteria and technical specifications established by the commission.

      Sec. 30.  1.  A commission may construct, convert, improve, equip and maintain parking facilities or parking spaces for use by the general public and public employees. Such facilities or spaces must be owned and operated by the commission or its agents.

      2.  The commission may fix and charge reasonable fees for the use of any such parking facilities or spaces.

      3.  The commission may enter into a contract, lease or other arrangement to provide exclusive parking in designated spaces at any parking facility owned, leased or operated by the commission.

      Sec. 31.  1.  In a county whose population is 400,000 or more, the commission may provide for the construction, installation and maintenance of vending stands for passengers of public mass transportation in any building, terminal or parking facility owned, operated or leased by the commission.

      2.  The provisions of NRS 426.630 to 426.720, inclusive, do not apply to a vending stand constructed, installed or maintained pursuant to this section.

      Sec. 32.  In a county whose population is 400,000 or more:

      1.  The commission shall provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation.

      2.  In carrying out its duties pursuant to subsection 1, the commission may displace or limit competition in the construction, installation and maintenance of such benches, shelters and transit stops. The commission may:

      (a) Provide those services on an exclusive basis or adopt a regulatory scheme for controlling the provision of those services; or

      (b) Grant an exclusive franchise to any person to provide those services.

      3.  Subject to the provisions of subsections 4 and 5, the commission or any person who is authorized by the commission to provide for the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation may locate such benches, shelters and transit stops within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

      (a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

      (b) The benches, shelters and transit stops may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

      4.  Before the commission or any person authorized by the commission may construct or install any benches, shelters and transit stops within any public easement or right-of-way, the commission and the governmental entity that owns or controls the public easement or right-of-way shall execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the benches, shelters and transit stops within the public easement or right-of-way.

 


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      5.  If the commission or any person authorized by the commission intends to construct or install any benches, shelters or transit stops within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

      (a) Provide the governing body of the association with written notice of the intent to construct or install the benches, shelters or transit stops within the public easement at least 30 days before such construction or installation begins; and

      (b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the benches, shelters or transit stops within the public easement.

      6.  The commission shall post on each bench, within each shelter and near each transit stop a notice that provides a telephone number that a person may use to report damage to the benches, shelters or transit stops.

      7.  No board, governing body or town board may:

      (a) Provide for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation except with the approval of or at the request of the commission; or

      (b) Adopt any ordinance, regulation or plan, enter into or approve any franchise, contract or agreement or take any other action that prohibits or unreasonably restricts the commission from providing for the construction, installation or maintenance of benches, shelters and transit stops for passengers of public mass transportation.

      Sec. 33.  1.  In a county whose population is 400,000 or more, the commission shall establish an advisory committee to provide information and advice to the commission concerning the construction, installation and maintenance of benches, shelters and transit stops for passengers of public mass transportation in the county. The membership of the advisory committee must consist of:

      (a) Two members of the general public from each city within the county who are appointed by the governing body of that city; and

      (b) Six members of the general public appointed by the commission.

      2.  Each member of the advisory committee serves a term of 1 year. A member may be reappointed for additional terms of 1 year in the same manner as the original appointment.

      3.  A vacancy occurring in the membership of the advisory committee must be filled in the same manner as the original appointment.

      4.  The advisory committee shall meet at least six times annually.

      5.  At its first meeting and annually thereafter, the advisory committee shall elect a chairman and vice chairman from among its members.

      6.  Each member of the advisory committee serves without compensation and is not entitled to receive a per diem allowance or travel expenses.

      Sec. 34.  1.  Subject to the provisions of subsections 2, 4 and 5, the commission may construct, modify, operate and maintain electrical and communication systems, including, without limitation, traffic signalization or messaging systems, and related infrastructure that are necessary to carry out the commission’s duties set forth in sections 2 to 41, inclusive, of this act within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

 


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this act within any public easement or right-of-way, including, without limitation, a public easement or right-of-way dedicated or restricted for use by any utility, if:

      (a) The public easement or right-of-way is adjacent or appurtenant to or within a reasonable proximity of any public highway; and

      (b) The electrical and communication systems and related infrastructure may be located safely within the public easement or right-of-way without damaging the facilities of other persons who are authorized to place their facilities within the public easement or right-of-way.

      2.  If the commission and the governmental entity that owns or controls a public easement or right-of-way execute an interlocal or cooperative agreement that authorizes the construction, installation, maintenance and use of the electrical and communication systems and related infrastructure within the public easement or right-of-way, the commission or any person authorized by the commission may construct or install any electrical and communication systems and related infrastructure within the public easement or right-of-way.

      3.  If the commission or any person authorized by the commission intends to construct or install any electrical or communication systems or related infrastructure within any public easement that is located within the common area or common elements of a common-interest community governed by an association, the commission shall:

      (a) Provide the governing body of the association with written notice of the intent to construct or install the electrical or communication systems or related infrastructure within the public easement at least 30 days before such construction or installation begins; and

      (b) Coordinate, to the extent practicable, with the governing body of the association to determine an appropriate location for the electrical or communication systems or related infrastructure within the public easement.

      4.  The commission may require any person who causes damage to an electrical or communication system or related infrastructure to:

      (a) Reimburse the commission for the cost of repairing the damage to the electrical or communication system or related infrastructure; or

      (b) Repair the damage to the electrical or communication system or related infrastructure to the satisfaction of the commission.

      5.  A commission that modifies, operates and maintains electrical and communication systems pursuant to this section is not a public utility and nothing in this section authorizes a commission to construct or maintain any telecommunications system, including, without limitation, a tower, pole or similar structure used to provide telecommunications services.

      Sec. 35.  1.  Money for the payment of the cost of a project within the area embraced by a regional plan for transportation established pursuant to section 25 of this act may be obtained by the issuance of revenue bonds and other revenue securities as provided in subsection 2 or, subject to any pledges, liens and other contractual limitations made pursuant to the provisions of sections 2 to 41, inclusive, of this act, may be obtained by direct distribution from the regional street and highway fund, except to the extent any such use is prevented by the provisions of NRS 373.150, or may be obtained both by the issuance of such securities and by such direct distribution, as the board may determine. Money for street and highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

 


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highway construction outside the area embraced by the plan may be distributed directly from the regional street and highway fund as provided in NRS 373.150.

      2.  The board may, after the enactment of an ordinance as authorized by NRS 373.030 or paragraph (d) of subsection 1 of NRS 373.065, issue revenue bonds and other revenue securities, on the behalf and in the name of the county:

      (a) The total of all of which, issued and outstanding at any one time, must not be in an amount requiring a total debt service in excess of the estimated receipts to be derived from the taxes imposed pursuant to the provisions of NRS 373.030 and paragraph (d) of subsection 1 of NRS 373.065;

      (b) Which must not be general obligations of the county or a charge on any real estate therein; and

      (c) Which may be secured as to principal and interest by a pledge authorized by chapter 373 of NRS of the receipts from the motor vehicle fuel taxes designated in chapter 373 of NRS, except such portion of the receipts as may be required for the direct distributions authorized by NRS 373.150.

      3.  A county is authorized to issue bonds without the necessity of their being authorized at any election in such manner and with such terms as provided in sections 2 to 41, inclusive, of this act.

      4.  Subject to the provisions of sections 2 to 41, inclusive, of this act, for any project authorized therein, the board of any county may, on the behalf and in the name of the county, borrow money, otherwise become obligated, and evidence obligations by the issuance of bonds and other county securities, and in connection with the undertaking or project, the board may otherwise proceed as provided in the Local Government Securities Law.

      5.  All such securities constitute special obligations payable from the net receipts of the motor vehicle fuel taxes designated in chapter 373 of NRS except as otherwise provided in NRS 373.150, and the pledge of revenues to secure the payment of the securities must be limited to those net receipts.

      6.  Except for:

      (a) Any notes or warrants which are funded with the proceeds of interim debentures or bonds;

      (b) Any interim debentures which are funded with the proceeds of bonds;

      (c) Any temporary bonds which are exchanged for definitive bonds;

      (d) Any bonds which are reissued or which are refunded; and

      (e) The use of any profit from any investment and reinvestment for the payment of any bonds or other securities issued pursuant to the provisions of sections 2 to 41, inclusive, of this act,

Ê all bonds and other securities issued pursuant to the provisions of sections 2 to 41, inclusive, of this act must be payable solely from the proceeds of motor vehicle fuel taxes collected by or remitted to the county pursuant to chapter 365 of NRS, as supplemented by chapter 373 of NRS. Receipts of the taxes levied in NRS 365.180 and 365.190 and pursuant to paragraphs (a) and (b) of subsection 1 of NRS 373.065 may be used by the county for the payment of securities issued pursuant to the provisions of sections 2 to 41, inclusive, of this act and may be pledged therefor. If during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance and any other instrument appertaining to the securities.

 


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during any period any securities payable from these tax proceeds are outstanding, the tax receipts must not be used directly for the construction, maintenance and repair of any streets, roads or other highways nor for any purchase of equipment therefor, and the receipts of the tax levied in NRS 365.190 must not be apportioned pursuant to subsection 2 of NRS 365.560 unless, at any time the tax receipts are so apportioned, provision has been made in a timely manner for the payment of such outstanding securities as to the principal of, any prior redemption premiums due in connection with, and the interest on the securities as they become due, as provided in the securities, the ordinance authorizing their issuance and any other instrument appertaining to the securities.

      7.  The ordinance authorizing the issuance of any bond or other revenue security hereunder must describe the purpose for which it is issued at least in general terms and may describe the purpose in detail. This section does not require the purpose so stated to be set forth in the detail in which the project approved by the commission pursuant to subsection 2 of NRS 373.140 is stated, or prevent the modification by the board of details as to the purpose stated in the ordinance authorizing the issuance of any bond or other security after its issuance, subject to approval by the commission of the project as so modified.

      Sec. 36.  In counties having a population of less than 100,000, the commission shall submit an annual report to the Department for the fiscal year showing the amount of receipts from the county motor vehicle fuel tax imposed pursuant to chapter 373 of NRS and the nature of the expenditures for each project.

      Sec. 37.  1.  In a county whose population is 400,000 or more, the commission shall cooperate with the local air pollution control board and the regional planning coalition in the county in which it is located to:

      (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

      (b) Establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

      2.  Before adopting or amending a plan, policy or program, the commission must:

      (a) Consult with the local air pollution control board and the regional planning coalition; and

      (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

            (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional planning coalition; and

            (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

      3.  As used in this section:

      (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      (b) “Regional planning coalition” has the meaning ascribed to it in NRS 278.0172.

 


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      Sec. 38.  1.  A commission that budgets $1,000,000 or more in any fiscal year for the purchase of fuel may enter into an agreement for an exchange of cash flow based on the price of fuel as provided in this section if it finds that such an agreement would be in the best interest of the commission.

      2.  A commission may only enter into an agreement to exchange cash flows payments based on the price of fuel only if:

      (a) The long-term unsecured debt obligations of the person with whom the commission enters the agreement are rated “A” or better by a nationally recognized rating agency; or

      (b) The obligations pursuant to the agreement of the person with whom the Commission enters the agreement are guaranteed by a person whose long-term debt obligations are rated “A” or better by a nationally recognized rating agency.

      3.  A commission may agree, with respect to a fuel that the commission has budgeted to purchase in a fiscal year:

      (a) To pay sums based on a fixed price or prices for that fuel, on an amount of the fuel that does not exceed the amount of the fuel that the commission expects to acquire over a period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a variable price for that fuel determined pursuant to a formula or price reference set forth in the agreement on the same amount of the fuel as the amount used in determining the sums payable by the commission;

      (b) To pay sums based on a variable price or prices for that fuel determined pursuant to a formula or price reference set forth in the agreement, on an amount of fuel that does not exceed the amount of the fuel the commission expects it will acquire over the period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a fixed price or prices for that fuel on the same amount of fuel as the amount used in determining the sums payable by the commission; or

      (c) To pay sums based on a variable price or prices for the fuel determined pursuant to a formula or price reference set forth in the agreement, on an amount of the fuel that does not exceed the amount of the fuel that the commission expects it will acquire over the period that is not more than 63 months from the date of the agreement, in exchange for an agreement by the other party to pay sums equal to a different variable price for that fuel determined pursuant to a formula or price reference set forth in the agreement on the same amount of the fuel as the amount used in determining the amount payable by the commission.

      4.  The payments to be made for any fiscal year must be based on the amounts of the fuel that the commission expects to buy or sell during that fiscal year and must be scheduled to be paid within an 18-month period that begins 3 months before and ends 3 months after the fiscal year.

      5.  A certification by the commission or its chief financial officer as to any determination made under this section or as to the amount of fuel that a commission expects to buy or sell during the term of an agreement entered into pursuant to this section, or during all or any part of any fiscal year that is wholly or partially included in the term of an agreement entered into pursuant to this section, is conclusive, absent fraud, for the purpose of determining whether the commission is authorized to enter into an agreement under this section.

 


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entered into pursuant to this section, is conclusive, absent fraud, for the purpose of determining whether the commission is authorized to enter into an agreement under this section.

      6.  The term of an agreement entered into pursuant to this section may not exceed 63 months.

      7.  An agreement entered into pursuant to this section is not:

      (a) A debt or indebtedness of the commission for the purposes of any limitation upon the indebtedness of the commission or any requirement for an election with regard to the issuance of securities that is applicable to the commission.

      (b) Subject to the limitations of subsection 1 of NRS 354.626.

      8.  A commission which has entered into an agreement pursuant to this section may treat the price it pays or expects to pay for fuel after giving effect to the agreement for the purpose of calculating:

      (a) Rates and charges of a revenue-producing enterprise whose revenues are pledged to or used to pay municipal securities;

      (b) Statutory requirements concerning revenue coverage that are applicable to municipal securities; and

      (c) Any other amounts which are based upon the amounts to be paid for fuel.

      9.  Subject to covenants applicable to municipal securities to which any revenues of the commission or county are pledged, any payments required to be made by the commission under an agreement may be made from money that could be used to pay for the fuel or from any other legally available source.

      10.  The powers granted by this section are in addition to all other powers of any commission, and nothing herein limits the exercise of a power a commission otherwise has.

      Sec. 39.  (Deleted by amendment.)

      Sec. 40.  In addition to the general and special powers conferred by sections 2 to 41, inclusive, of this act, a commission is authorized to exercise such powers as are necessary.

      Sec. 41.  Sections 2 to 41, inclusive, of this act shall be so interpreted and construed as to make uniform so far as possible the laws and regulations of this State and other states and of the government of the United States having to do with the subject of transportation.

      Sec. 42.  NRS 244.187 is hereby amended to read as follows:

      244.187  A board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the county and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that county by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that county by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the county.

 


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      7.  Operation of landfills.

      8.  Except as otherwise provided in [NRS 373.1183,] section 32 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      Sec. 43.  NRS 268.081 is hereby amended to read as follows:

      268.081  The governing body of an incorporated city may, to provide adequate, economical and efficient services to the inhabitants of the city and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that city by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that city by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the city.

      7.  Operation of landfills.

      8.  Search and rescue.

      9.  Inspection required by any city ordinance otherwise authorized by law.

      10.  Except as otherwise provided in [NRS 373.1183,] section 32 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      11.  Any other service demanded by the inhabitants of the city which the city itself is otherwise authorized by law to provide.

      Sec. 44.  NRS 269.128 is hereby amended to read as follows:

      269.128  A town board or board of county commissioners may, to provide adequate, economical and efficient services to the inhabitants of the town and to promote the general welfare of those inhabitants, displace or limit competition in any of the following areas:

      1.  Ambulance service.

      2.  Taxicabs and other public transportation, unless regulated in that town by an agency of the State.

      3.  Collection and disposal of garbage and other waste.

      4.  Operations at an airport, including, but not limited to, the leasing of motor vehicles and the licensing of concession stands, but excluding police protection and fire protection.

      5.  Water and sewage treatment, unless regulated in that town by an agency of the State.

      6.  Concessions on, over or under property owned or leased by the town.

      7.  Operation of landfills.

      8.  Except as otherwise provided in [NRS 373.1183,] section 32 of this act, construction and maintenance of benches and shelters for passengers of public mass transportation.

      Sec. 45.  NRS 278.02584 is hereby amended to read as follows:

      278.02584  1.  The regional planning coalition shall cooperate with the local air pollution control board and the regional transportation commission in the county in which it is located to:

 


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      (a) Ensure that the plans, policies and programs adopted by each of them are consistent to the greatest extent practicable.

      (b) In addition to the comprehensive regional policy plan required by NRS 278.02528, establish and carry out a program of integrated, long-range planning that conserves the economic, financial and natural resources of the region and supports a common vision of desired future conditions.

      2.  Before adopting or amending a plan, policy or program, the regional planning coalition shall:

      (a) Consult with the local air pollution control board and the regional transportation commission; and

      (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with:

            (1) The plans, policies and programs adopted or proposed to be adopted by the local air pollution control board and the regional transportation commission; and

            (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226.

      3.  If the program for control of air pollution established and administered by the local air pollution control board includes measures for the control of traffic or transportation, the regional planning coalition shall consider recommending the use of alternative land use designations, densities and design standards to meet local and regional needs with respect to transportation.

      4.  Not more than once every 2 years, the regional planning coalition shall:

      (a) Prepare a report that summarizes the policies related to land use, transportation and air quality which it has adopted and which the local air pollution control board and the regional transportation commission have adopted; and

      (b) Submit a copy of the report to the:

            (1) County clerk of the appropriate county;

            (2) Division of Environmental Protection of the State Department of Conservation and Natural Resources;

            (3) Division of State Lands of the State Department of Conservation and Natural Resources; and

            (4) Department of Transportation.

      5.  As used in this section:

      (a) “Local air pollution control board” means a board that establishes a program for the control of air pollution pursuant to NRS 445B.500.

      (b) “Regional transportation commission” means a regional transportation commission created and organized in accordance with [chapter 373 of NRS.] sections 2 to 41, inclusive, of this act.

      Sec. 46.  NRS 354.626 is hereby amended to read as follows:

      354.626  1.  No governing body or member thereof, officer, office, department or agency may, during any fiscal year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, in excess of the amounts appropriated for that function, other than bond repayments, medium-term obligation repayments and any other long-term contract expressly authorized by law. Any officer or employee of a local government who willfully violates NRS 354.470 to 354.626, inclusive, is guilty of a misdemeanor, and upon conviction thereof ceases to hold his office or employment. Prosecution for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.

 


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for any violation of this section may be conducted by the Attorney General or, in the case of incorporated cities, school districts or special districts, by the district attorney.

      2.  Without limiting the generality of the exceptions contained in subsection 1, the provisions of this section specifically do not apply to:

      (a) Purchase of coverage and professional services directly related to a program of insurance which require an audit at the end of the term thereof.

      (b) Long-term cooperative agreements as authorized by chapter 277 of NRS.

      (c) Long-term contracts in connection with planning and zoning as authorized by NRS 278.010 to 278.630, inclusive.

      (d) Long-term contracts for the purchase of utility service such as, but not limited to, heat, light, sewerage, power, water and telephone service.

      (e) Contracts between a local government and an employee covering professional services to be performed within 24 months following the date of such contract or contracts entered into between local government employers and employee organizations.

      (f) Contracts between a local government and any person for the construction or completion of public works, money for which has been or will be provided by the proceeds of a sale of bonds, medium-term obligations or an installment-purchase agreement and that are entered into by the local government after:

            (1) Any election required for the approval of the bonds or installment-purchase agreement has been held;

            (2) Any approvals by any other governmental entity required to be obtained before the bonds, medium-term obligations or installment-purchase agreement can be issued have been obtained; and

            (3) The ordinance or resolution that specifies each of the terms of the bonds, medium-term obligations or installment-purchase agreement, except those terms that are set forth in subsection 2 of NRS 350.165, has been adopted.

Ê Neither the fund balance of a governmental fund nor the equity balance in any proprietary fund may be used unless appropriated in a manner provided by law.

      (g) Contracts which are entered into by a local government and delivered to any person solely for the purpose of acquiring supplies, services and equipment necessarily ordered in the current fiscal year for use in an ensuing fiscal year and which, under the method of accounting adopted by the local government, will be charged against an appropriation of a subsequent fiscal year. Purchase orders evidencing such contracts are public records available for inspection by any person on demand.

      (h) Long-term contracts for the furnishing of television or FM radio broadcast translator signals as authorized by NRS 269.127.

      (i) The receipt and proper expenditure of money received pursuant to a grant awarded by an agency of the Federal Government.

      (j) The incurrence of obligations beyond the current fiscal year under a lease or contract for installment purchase which contains a provision that the obligation incurred thereby is extinguished by the failure of the governing body to appropriate money for the ensuing fiscal year for the payment of the amounts then due.

      (k) The receipt by a local government of increased revenue that:

 


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            (1) Was not anticipated in the preparation of the final budget of the local government; and

            (2) Is required by statute to be remitted to another governmental entity.

      (l) An agreement authorized pursuant to section 38 of this act.

      Sec. 47.  NRS 365.545 is hereby amended to read as follows:

      365.545  1.  The proceeds of all taxes on fuel for jet or turbine-powered aircraft imposed pursuant to the provisions of NRS 365.170 or 365.203 must be deposited in the Account for Taxes on Fuel for Jet or Turbine-Powered Aircraft in the State General Fund and must be allocated monthly by the Department to the:

      (a) Governmental entity which operates the airport at which the tax was collected, if the airport is operated by a governmental entity;

      (b) Governmental entity which owns the airport at which the tax was collected, if the airport is owned but not operated by a governmental entity; or

      (c) County in which is located the airport at which the tax was collected, if the airport is neither owned nor operated by a governmental entity.

      2.  Except as otherwise provided in subsection 3, the money allocated pursuant to subsection 1:

      (a) Must be used by the governmental entity receiving it to pay the cost of:

            (1) Transportation projects related to airports, including access on the ground to airports;

            (2) The payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1);

            (3) Promoting the use of an airport located in a county whose population is less than 400,000, including, without limitation, increasing the number and availability of flights at the airport;

            (4) Contributing money to the Trust Fund for Aviation created by NRS 494.048; or

            (5) Any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      3.  Any money allocated pursuant to subsection 1 to a county whose population is 400,000 or more and in which a regional transportation commission has been created pursuant to [chapter 373 of NRS,] sections 2 to 41, inclusive, of this act, from the proceeds of the tax imposed pursuant to paragraph (a) of subsection 2 of NRS 365.170 on fuel for jet or turbine-powered aircraft sold, distributed or used in that county, excluding the proceeds of any tax imposed pursuant to NRS 365.203, may, in addition to the uses authorized pursuant to subsection 2, be allocated by the county to that regional transportation commission. The money allocated pursuant to this subsection to a regional transportation commission:

      (a) Must be used by the regional transportation commission:

            (1) To pay the cost of transportation projects described in a regional plan for transportation established by that regional transportation commission pursuant to [NRS 373.1161;] section 25 of this act;

            (2) For the payment of principal and interest on notes, bonds or other obligations incurred to fund projects described in subparagraph (1); or

 


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            (3) For any combination of those purposes; and

      (b) May also be pledged for the payment of general or special obligations issued by the county at the request of the regional transportation commission to fund projects described in paragraph (a). Any money pledged pursuant to this paragraph may be treated as pledged revenues of the project for the purposes of subsection 3 of NRS 350.020.

      Sec. 48.  NRS 365.550 is hereby amended to read as follows:

      365.550  1.  Except as otherwise provided in subsection 2, the receipts of the tax levied pursuant to NRS 365.180 must be allocated monthly by the Department to the counties using the following formula:

      (a) Determine the average monthly amount each county received in the Fiscal Year ending on June 30, 2003, and allocate to each county that amount, or if the total amount to be allocated is less than that amount, allocate to each county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003;

      (b) If the total amount to be allocated is greater than the average monthly amount all counties received in the Fiscal Year ending on June 30, 2003, determine for each county an amount from the total amount to be allocated using the following formula:

            (1) Multiply the county’s percentage share of the total state population by 2;

            (2) Add the percentage determined pursuant to subparagraph (1) to the county’s percentage share of total mileage of improved roads or streets maintained by the county or an incorporated city located within the county;

            (3) Divide the sum of the percentages determined pursuant to subparagraph (2) by 3; and

            (4) Multiply the total amount to be allocated by the percentage determined pursuant to subparagraph (3);

      (c) Identify each county for which the amount determined pursuant to paragraph (b) is greater than the amount allocated to the county pursuant to paragraph (a) and:

            (1) Subtract the amount determined pursuant to paragraph (a) from the amount determined pursuant to paragraph (b); and

            (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (d) Identify each county for which the amount determined pursuant to paragraph (b) is less than or equal to the amount allocated to the county pursuant to paragraph (a) and:

            (1) Subtract the amount determined pursuant to paragraph (b) from the amount determined pursuant to paragraph (a); and

            (2) Add the amounts determined pursuant to subparagraph (1) for all counties;

      (e) Subtract the amount determined pursuant to subparagraph (2) of paragraph (d) from the amount determined pursuant to subparagraph (2) of paragraph (c);

      (f) Divide the amount determined pursuant to subparagraph (1) of paragraph (c) for each county by the sum determined pursuant to subparagraph (2) of paragraph (c) for all counties to determine each county’s percentage share of the sum determined pursuant to subparagraph (2) of paragraph (c); and

 


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      (g) In addition to the allocation made pursuant to paragraph (a), allocate to each county that is identified pursuant to paragraph (c) a percentage of the total amount determined pursuant to paragraph (e) that is equal to the percentage determined pursuant to paragraph (f).

      2.  At the end of each fiscal year, the Department shall:

      (a) Determine the total amount to be allocated to all counties pursuant to subsection 1 for the current fiscal year; and

      (b) Use the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to each county an amount determined pursuant to subsection 3.

      3.  If the total amount to be allocated to all the counties determined pursuant to paragraph (a) of subsection 2:

      (a) Does not exceed the total amount that was received by all the counties for the Fiscal Year ending on June 30, 2003, the Department shall adjust the final monthly allocation to be made to each county so that each county is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county in the Fiscal Year ending on June 30, 2003.

      (b) Exceeds the total amount that was received by all counties for the Fiscal Year ending on June 30, 2003, the Department shall:

            (1) Identify the total amount allocated to each county for the Fiscal Year ending on June 30, 2003, and the total amount for the current fiscal year determined pursuant to paragraph (a) of subsection 2;

            (2) Apply the formula set forth in paragraph (b) of subsection 1 using the amounts in subparagraph (1), instead of the monthly amounts, to determine the total allocations to be made to the counties for the current fiscal year; and

            (3) Adjust the final monthly allocation to be made to each county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to subparagraph (2).

      4.  Of the money allocated to each county pursuant to the provisions of subsections 1, 2 and 3:

      (a) An amount equal to that part of the allocation which represents 1.25 cents of the tax per gallon must be used exclusively for the service and redemption of revenue bonds issued pursuant to [chapter 373 of NRS,] section 35 of this act, for the construction, maintenance and repair of county roads, and for the purchase of equipment for that construction, maintenance and repair, under the direction of the boards of county commissioners of the several counties, and must not be used to defray expenses of administration.

      (b) An amount equal to that part of the allocation which represents 2.35 cents of the tax per gallon must be allocated to the county, if there are no incorporated cities in the county, or, if there is at least one incorporated city in the county, allocated monthly by the Department to the county and each incorporated city in the county using, except as otherwise provided in paragraph (c), the following formula:

            (1) Determine the average monthly amount the county and each incorporated city in the county received in the fiscal year ending on June 30, 2005, and allocate to the county and each incorporated city in the county that amount, or if the total amount to be allocated is less than that amount, allocate to the county and each incorporated city in the county a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

 


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of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

            (2) If the total amount to be allocated is greater than the average monthly amount the county and all incorporated cities within the county received in the fiscal year ending on June 30, 2005, determine for the county and each incorporated city in the county an amount from the total amount to be allocated using the following formula:

                  (I) One-fourth in proportion to total area.

                  (II) One-fourth in proportion to population.

                  (III) One-fourth in proportion to the total mileage of improved roads and streets maintained by the county or incorporated city in the county, as applicable.

                  (IV) One-fourth in proportion to vehicle miles of travel on improved roads and streets maintained by the county or incorporated city in the county, as applicable.

Ê For the purpose of applying the formula, the area of the county excludes the area included in any incorporated city.

            (3) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was greater than the amount allocated to the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                  (I) Subtract the amount determined pursuant to subparagraph (1) from the amount determined pursuant to subparagraph (2); and

                  (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

            (4) Identify whether the county or any incorporated city in the county had an amount determined pursuant to subparagraph (2) that was less than or equal to the amount determined for the county or incorporated city, as applicable, pursuant to subparagraph (1) and, if so:

                  (I) Subtract the amount determined pursuant to subparagraph (2) from the amount determined pursuant to subparagraph (1); and

                  (II) Add the amounts determined pursuant to sub-subparagraph (I) for the county and all incorporated cities in the county.

            (5) Subtract the amount determined pursuant to sub-subparagraph (II) of subparagraph (4) from the amount determined pursuant to sub-subparagraph (II) of subparagraph (3).

            (6) Divide the amount determined pursuant to sub-subparagraph (I) of subparagraph (3) for the county and each incorporated city in the county by the sum determined pursuant to sub-subparagraph (II) of subparagraph (3) for the county and all incorporated cities in the county to determine the county’s and each incorporated city’s percentage share of the sum determined pursuant to sub-subparagraph (II) of subparagraph (3).

            (7) In addition to the allocation made pursuant to subparagraph (1), allocate to the county and each incorporated city in the county that is identified pursuant to subparagraph (3) a percentage of the total amount determined pursuant to subparagraph (5) that is equal to the percentage determined pursuant to subparagraph (6).

      (c) At the end of each fiscal year, the Department shall:

            (1) Determine the total amount to be allocated to a county and each incorporated city within the county pursuant to paragraph (b) for the current fiscal year; and

 


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            (2) Use the amount equal to that part of the allocation which represents 2.35 cents per gallon of the proceeds of the tax paid by a dealer, supplier or user for June of the current fiscal year to allocate to a county and each incorporated city in the county an amount determined pursuant to paragraph (d).

      (d) If the total amount to be allocated to a county and all incorporated cities in the county determined pursuant to subparagraph (1) of paragraph (c):

            (1) Does not exceed the total amount that was received by the county and all the incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall adjust the final monthly amount allocated to the county and each incorporated city in the county so that the county and each incorporated city is allocated a percentage of the total amount to be allocated that is equal to the percentage of the total amount allocated to that county or incorporated city, as applicable, in the fiscal year ending on June 30, 2005.

            (2) Exceeds the total amount that was received by the county and all incorporated cities in the county for the fiscal year ending on June 30, 2005, the Department shall:

                  (I) Identify the total amount allocated to the county and each incorporated city in the county for the fiscal year ending on June 30, 2005, and the total amount for the current fiscal year determined pursuant to subparagraph (1) of paragraph (c);

                  (II) Apply the formula set forth in subparagraph (2) of paragraph (b) using the amounts in sub-subparagraph (I), instead of the monthly amounts, to determine the total allocations to be made to the county and the incorporated cities in the county for the current fiscal year; and

                  (III) Adjust the final monthly allocation to be made to the county and each incorporated city in the county to ensure that the total allocations for the current fiscal year equal the amounts determined pursuant to sub-subparagraph (II).

      5.  The amount allocated to the counties and incorporated cities pursuant to subsections 1 to 4, inclusive, must be remitted monthly. The State Controller shall draw his warrants payable to the county treasurer of each of the several counties and the city treasurer of each of the several incorporated cities, as applicable, and the State Treasurer shall pay the warrants out of the proceeds of the tax levied pursuant to NRS 365.180.

      6.  The formula computations must be made as of July 1 of each year by the Department of Motor Vehicles, based on estimates which must be furnished by the Department of Transportation and, if applicable, any adjustments to the estimates determined to be appropriate by the Committee pursuant to subsection 10. Except as otherwise provided in subsection 10, the determination made by the Department of Motor Vehicles is conclusive.

      7.  The Department of Transportation shall complete:

      (a) The estimates of the total mileage of improved roads or streets maintained by each county and incorporated city on or before August 31 of each year.

      (b) A physical audit of the information submitted by each county and incorporated city pursuant to subsection 8 at least once every 10 years.

      8.  Each county and incorporated city shall, not later than March 1 of each year, submit a list to the Department of Transportation setting forth:

 


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      (a) Each improved road or street that is maintained by the county or city; and

      (b) The beginning and ending points and the total mileage of each of those improved roads or streets.

Ê Each county and incorporated city shall, at least 10 days before the list is submitted to the Department of Transportation, hold a public hearing to identify and determine the improved roads and streets maintained by the county or city.

      9.  If a county or incorporated city does not agree with the estimates prepared by the Department of Transportation pursuant to subsection 7, the county or incorporated city may request that the Committee examine the estimates and recommend an adjustment to the estimates. Such a request must be submitted to the Committee not later than October 15.

      10.  The Committee shall hold a public hearing and review any request it receives pursuant to subsection 9 and determine whether an adjustment to the estimates is appropriate on or before December 31 of the year it receives a request pursuant to subsection 9. Any determination made by the Committee pursuant to this subsection is conclusive.

      11.  The Committee shall monitor the fiscal impact of the formula set forth in this section on counties and incorporated cities. Biennially, the Committee shall prepare a report concerning its findings and recommendations regarding that fiscal impact and submit the report on or before February 15 of each odd-numbered year to the Director of the Legislative Counsel Bureau for transmittal to the Senate and Assembly Committees on Taxation of the Nevada Legislature for their review.

      12.  As used in this section:

      (a) “Committee” means the Committee on Local Government Finance created pursuant to NRS 354.105.

      (b) “Construction, maintenance and repair” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a county or city road and is necessary for the safe and efficient use of that road, including, without limitation:

            (1) Grades and regrades;

            (2) Graveling, oiling, surfacing, macadamizing and paving;

            (3) Sweeping, cleaning and sanding roads and removing snow from a road;

            (4) Crosswalks and sidewalks;

            (5) Culverts, catch basins, drains, sewers and manholes;

            (6) Inlets and outlets;

            (7) Retaining walls, bridges, overpasses, underpasses, tunnels and approaches;

            (8) Artificial lights and lighting equipment, parkways, control of vegetation and sprinkling facilities;

            (9) Rights-of-way;

            (10) Grade and traffic separators;

            (11) Fences, cattle guards and other devices to control access to a county or city road;

            (12) Signs and devices for the control of traffic; and

            (13) Facilities for personnel and the storage of equipment used to construct, maintain or repair a county or city road.

      (c) “Improved road or street” means a road or street that is, at least:

 


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            (1) Aligned and graded to allow reasonably convenient use by a motor vehicle; and

            (2) Drained sufficiently by a longitudinal and transverse drainage system to prevent serious impairment of the road or street by surface water.

      (d) “Total mileage of an improved road or street” means the total mileage of the length of an improved road or street, without regard to the width of that road or street or the number of lanes it has for vehicular traffic.

      Sec. 49.  NRS 373.023 is hereby amended to read as follows:

      373.023  “Commission” means [the] a regional transportation commission [.] created pursuant to section 18 of this act.

      Sec. 50.  NRS 373.030 is hereby amended to read as follows:

      373.030  1.  In any county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board may by ordinance [:

      (a) Create a regional transportation commission; and

      (b) Impose] impose a tax on motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount not to exceed 9 cents per gallon.

      2.  A tax imposed pursuant to this section is in addition to other motor vehicle fuel taxes imposed pursuant to the provisions of chapter 365 of NRS.

      3.  As used in this section:

      (a) “Aviation fuel” has the meaning ascribed to it in NRS 365.015.

      (b) “Leaded racing fuel” means motor vehicle fuel that contains lead and is produced for motor vehicles that are designed and built for racing and not for operation on a public highway.

      Sec. 51.  NRS 373.060 is hereby amended to read as follows:

      373.060  Any ordinance enacted pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 must provide that the county motor vehicle fuel tax will be imposed on the first day of the second calendar month following the enactment of the ordinance.

      Sec. 52.  NRS 373.065 is hereby amended to read as follows:

      373.065  1.  Except as otherwise provided in this section, in a county whose population is less than 400,000:

      (a) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.180 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.180 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (b) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.190 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

 


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the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.190 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (c) The board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to NRS 365.192 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to NRS 365.192 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      (d) If the board imposes a tax pursuant to [paragraph (b) of subsection 1 of] NRS 373.030, the board may by ordinance impose:

            (1) An excise tax on each gallon of motor vehicle fuel, except aviation fuel and leaded racing fuel, sold in the county in an amount equal to the product obtained by multiplying the amount of the tax imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years; and

            (2) An annual increase in the tax imposed pursuant to subparagraph (1), on the first day of each fiscal year following the fiscal year in which that tax becomes effective, in an amount equal to the sum of the tax imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 and the tax imposed pursuant to subparagraph (1) during the preceding fiscal year, multiplied by the lesser of 4.5 percent or the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years.

      2.  A board may not adopt any ordinance authorized by this section unless:

      (a) In a county for all or part of which a streets and highways plan has been adopted as a part of the master plan by the county or regional planning commission pursuant to NRS 278.150, the board first:

            (1) Imposes a tax pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 at the maximum rate authorized pursuant to that paragraph; or

            (2) Submits to the voters of the county at a general or special election the question of whether to impose a tax pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 at the maximum rate authorized pursuant to that paragraph; and

 


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      (b) A question concerning the imposition of the tax pursuant to this section is first 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. The Committee on Local Government Finance shall annually provide to each city clerk, county clerk and district attorney in this State forms for submitting a question to the registered voters of a county pursuant to this paragraph. Any question submitted to the registered voters of a county pursuant to this paragraph must be in the form most recently provided by the Committee on Local Government Finance.

      3.  An ordinance adopted pursuant to this section in a county whose population is less than 100,000:

      (a) Must be reapproved, in addition to the approval required by paragraph (b) of subsection 2, at least once every 8 years by a majority of the registered voters of the county voting on the question which the board may submit to the voters at any general election; and

      (b) Expires by limitation no later than the last day of the 8th calendar year following the calendar year in which the ordinance was:

            (1) Approved in accordance with paragraph (b) of subsection 2; or

            (2) Most recently reapproved in accordance with this subsection,

Ê whichever occurs later.

      4.  Any ordinance authorized by this section may be adopted in combination with any other ordinance authorized by this section. Each tax imposed pursuant to this section is in addition to any other motor vehicle fuel taxes imposed pursuant to the provisions of this chapter and chapter 365 of NRS. Upon adoption of an ordinance authorized by this section, no further action by the board is necessary to effectuate the annual increases before the ordinance expires by limitation.

      5.  Any ordinance adopted pursuant to this section must:

      (a) Become effective on the first day of the first calendar quarter beginning not less than 90 days after the adoption of the ordinance; and

      (b) If the board has created a [regional transportation] commission in the county, require the commission:

            (1) To review, at a public meeting conducted after the provision of public notice and before the effective date of each annual increase imposed by the ordinance:

                  (I) The amount of that increase and the accuracy of its calculation;

                  (II) The amounts of any annual increases imposed by the ordinance in previous years and the revenue collected pursuant to those increases;

                  (III) Any improvements to the regional system of transportation resulting from revenue collected pursuant to any annual increases imposed by the ordinance in previous years; and

                  (IV) Any other information relevant to the effect of the annual increases on the public; and

            (2) To submit to the board any information the commission receives suggesting that the annual increase should be adjusted.

      6.  Any ordinance adopted pursuant to:

      (a) Paragraph (a) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and

 


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proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.180; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.180 which becomes effective after the adoption of that ordinance.

      (b) Paragraph (b) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.190; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.190 which becomes effective after the adoption of that ordinance.

      (c) Paragraph (c) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to NRS 365.192; and

            (2) Expire by limitation no later than the effective date of any increase or decrease in the amount of the tax imposed pursuant to NRS 365.192 which becomes effective after the adoption of that ordinance.

      (d) Paragraph (d) of subsection 1 must:

            (1) Require the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to that ordinance in the same proportions and manner as the allocation, disbursement and use in the county of the proceeds of the tax imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030; and

            (2) Expire by limitation no later than the effective date of any subsequent ordinance increasing or decreasing the amount of the tax imposed in that county pursuant to [paragraph (b) of subsection 1 of] NRS 373.030.

      Sec. 53.  NRS 373.110 is hereby amended to read as follows:

      373.110  All the net proceeds of the county motor vehicle fuel tax:

      1.  Imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 or paragraph (d) of subsection 1 of NRS 373.065 which are received by the county pursuant to NRS 373.080 must, except as otherwise provided in NRS 373.119, be deposited by the county treasurer in a fund to be known as the regional street and highway fund in the county treasury, and disbursed only in accordance with the provisions of this chapter [.] and sections 2 to 41, inclusive, of this act. After July 1, 1975, the regional street and highway fund must be accounted for as a separate fund and not as a part of any other fund.

      2.  Imposed pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 373.065 which are received by the county pursuant to NRS 373.080 must be allocated, disbursed and used as provided in the ordinance imposing the tax.

      Sec. 54.  NRS 373.119 is hereby amended to read as follows:

      373.119  1.  Except to the extent pledged before July 1, 1985, the board may use that portion of the revenue collected pursuant to the provisions of this chapter from any taxes imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 or paragraph (d) of subsection 1 of NRS 373.065 that represents collections from the sale of fuel for use in boats at marinas in the county to make capital improvements or to conduct programs to encourage safety in boating. If the county does not control a body of water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

 


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water, where an improvement or program is appropriate, the board may contract with an appropriate person or governmental organization for the improvement or program.

      2.  Each marina shall report monthly to the Department the number of gallons of motor vehicle fuel sold for use in boats. The report must be made on or before the 25th day of each month for sales during the preceding month.

      Sec. 55.  NRS 373.120 is hereby amended to read as follows:

      373.120  1.  No county motor vehicle fuel tax ordinance shall be repealed or amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued hereunder or other obligations incurred hereunder, until all obligations for which revenues from such ordinance have been pledged or otherwise made payable from such revenues, pursuant to this chapter, have been discharged in full, but the board , with the approval of the governing body of each participating city, may at any time dissolve the commission and provide that no further obligations shall be incurred thereafter.

      2.  The faith of the State of Nevada is hereby pledged that this chapter, NRS 365.180 to 365.200, inclusive, and 365.562, and any law supplemental thereto, including without limitation, provisions for the distribution to any county designated in NRS 373.030 of the proceeds of the motor vehicle fuel taxes collected thereunder, shall not be repealed nor amended or otherwise directly or indirectly modified in such a manner as to impair adversely any outstanding bonds issued hereunder or other obligations incurred hereunder, until all obligations for which any such tax proceeds have been pledged or otherwise made payable from such tax proceeds, pursuant to this chapter, have been discharged in full, but the State of Nevada may at any time provide by act that no further obligations shall be incurred thereafter.

      Sec. 56.  NRS 373.140 is hereby amended to read as follows:

      373.140  1.  After the enactment of [an ordinance] ordinances as authorized in NRS 373.030 [,] and section 18 of this act, all street and highway construction, surfacing or resurfacing projects in the county which are proposed to be financed from a county motor vehicle fuel tax imposed pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 or paragraph (d) of subsection 1 of NRS 373.065 must first be submitted to the [regional transportation] commission.

      2.  If the project is within the area covered by a regional plan for transportation established pursuant to [NRS 373.1161,] section 25 of this act, the commission shall evaluate it in terms of:

      (a) The priorities established by the plan;

      (b) The relation of the proposed work to other projects already constructed or authorized;

      (c) The relative need for the project in comparison with others proposed; and

      (d) The money available.

Ê If the commission approves the project, the board may authorize the project, using all or any part of the proceeds of the county motor vehicle fuel tax authorized pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 or paragraph (d) of subsection 1 of NRS 373.065, except to the extent any such use is prevented by the provisions for direct distribution required by NRS 373.150 or is prevented by any pledge to secure the payment of outstanding bonds, other securities or other obligations incurred hereunder, and other contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in [NRS 373.130.]

 


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contractual limitations appertaining to such obligations as authorized by NRS 373.160, and the proceeds of revenue bonds or other securities issued or to be issued as provided in [NRS 373.130.] section 35 of this act. Except as otherwise provided in subsection 3, if the board authorizes the project, the responsibilities for letting construction and other necessary contracts, contract administration, supervision and inspection of work and the performance of other duties related to the acquisition of the project must be specified in written agreements executed by the board and the governing bodies of the cities and towns within the area covered by a regional plan for transportation established pursuant to [NRS 373.1161.] section 25 of this act.

      3.  In a county in which two or more governmental entities are represented on the commission, the governing bodies of those governmental entities may enter into a written master agreement that allows a written agreement described in subsection 2 to be executed by only the commission and the governmental entity that receives funding for the approved project. The provisions of a written master agreement must not be used until the governing body of each governmental entity represented on the commission ratifies the written master agreement.

      4.  If the project is outside the area covered by a plan, the commission shall evaluate it in terms of:

      (a) Its relation to the regional plan for transportation established pursuant to [NRS 373.1161] section 25 of this act, if any;

      (b) The relation of the proposed work to other projects constructed or authorized;

      (c) The relative need for the proposed work in relation to others proposed by the same city or town; and

      (d) The availability of money.

Ê If the commission approves the project, the board shall direct the county treasurer to distribute the sum approved to the city or town requesting the project, in accordance with NRS 373.150.

      5.  In counties whose population is less than 100,000, the commission shall certify the adoption of the plan in compliance with subsections 2 and 4.

      Sec. 57.  NRS 373.150 is hereby amended to read as follows:

      373.150  1.  Any city or town whose territory is not included wholly or in part in a regional plan for transportation established pursuant to [NRS 373.1161] section 25 of this act may receive a distribution in aid of an approved construction project from the regional street and highway fund, which must not exceed the amount allocated to such city or town pursuant to subsection 2.

      2.  The share of revenue from the county motor vehicle fuel tax allocated to a city or town pursuant to subsection 1 must be in the proportion which its total assessed valuation bears to the total assessed valuation of the entire county. Any amount so allocated which is not distributed currently in aid of an approved project must remain in the fund to the credit of that city or town.

      Sec. 58.  NRS 373.160 is hereby amended to read as follows:

      373.160  1.  The ordinance or ordinances providing for the issuance of any bonds or other securities issued hereunder payable from the receipts from the motor vehicle fuel excise taxes herein designated may at the discretion of the board, in addition to covenants and other provisions authorized in the Local Government Securities Law, contain covenants or other provisions as to the pledge of and the creation of a lien upon the receipts of the taxes collected for the county pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 and paragraph (d) of subsection 1 of NRS 373.065, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.

 


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receipts of the taxes collected for the county pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 and paragraph (d) of subsection 1 of NRS 373.065, excluding any tax proceeds to be distributed directly under the provisions of NRS 373.150, or the proceeds of the bonds or other securities pending their application to defray the cost of the project, or both such tax proceeds and security proceeds, to secure the payment of revenue bonds or other securities issued hereunder.

      2.  If the board determines in any ordinance authorizing the issuance of any bonds or other securities hereunder that the proceeds of the taxes levied and collected pursuant to [paragraph (b) of subsection 1 of] NRS 373.030 and paragraph (d) of subsection 1 of NRS 373.065 are sufficient to pay all bonds and securities, including the proposed issue, from the proceeds thereof, the board may additionally secure the payment of any bonds or other securities issued pursuant to the ordinance hereunder by a pledge of and the creation of a lien upon not only the proceeds of any motor vehicle fuel tax authorized at the time of the issuance of such securities to be used for such payment in subsection 6 of [NRS 373.130,] section 35 of this act, but also the proceeds of any such tax thereafter authorized to be used or pledged, or used and pledged, for the payment of such securities, whether such tax be levied or collected by the county, the State of Nevada, or otherwise, or be levied in at least an equivalent value in lieu of any such tax existing at the time of the issuance of such securities or be levied in supplementation thereof.

      3.  The pledges and liens authorized by subsections 1 and 2 extend to the proceeds of any tax collected for use by the county on any motor vehicle fuel so long as any bonds or other securities issued hereunder remain outstanding and are not limited to any type or types of motor vehicle fuel in use when the bonds or other securities are issued.

      Sec. 59.  NRS 377A.130 is hereby amended to read as follows:

      377A.130  A public transit system may, in addition to providing local transportation within a county, provide:

      1.  Services to assist commuters in communicating with others to share rides;

      2.  Transportation for elderly persons and persons with disabilities, including, without limitation, nonemergency medical transportation of persons to facilitate their use of a center as defined in NRS 435.170;

      3.  Parking for the convenience of passengers on the system;

      4.  Stations and other necessary facilities to ensure the comfort and safety of passengers; and

      5.  Transportation that is available pursuant to [NRS 373.117.] section 29 of this act.

      Sec. 60.  NRS 405.030 is hereby amended to read as follows:

      405.030  1.  Except as otherwise provided in subsection 3 and section 28 of this act, and except within the limits of any city or town through which the highway may run, and on benches and shelters for passengers of public mass transportation built pursuant to a franchise granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or [373.1183,] section 32 of this act, or on monorail stations, it is unlawful for any person, firm or corporation to paste, paint, print or in any manner whatever place or attach to any building, fence, gate, bridge, rock, tree, board, structure or anything whatever, any written, printed, painted or other outdoor advertisement, bill, notice, sign, picture, card or poster:

 


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      (a) Within any right-of-way of any state highway or road which is owned or controlled by the Department of Transportation.

      (b) Within 20 feet of the main-traveled way of any unimproved highway.

      (c) On the property of another within view of any such highway, without the owner’s written consent.

      2.  Nothing in this section prevents the posting or maintaining of any notices required by law to be posted or maintained, or the placing or maintaining of highway signs giving directions and distances for the information of the traveling public if the signs are approved by the Department of Transportation.

      3.  A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

      4.  If a franchisee receives revenues from an advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertisement, bill, notice, sign, picture, card or poster authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      5.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

      Sec. 61.  NRS 405.110 is hereby amended to read as follows:

      405.110  1.  Except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, or [373.1183,] sections 28 and 32 of this act, or on monorail stations, no advertising signs, signboards, boards or other materials containing advertising matter may:

      (a) Except as otherwise provided in subsection 3, be placed upon or over any state highway.

      (b) Except as otherwise provided in subsections 3 and 4, be placed within the highway right-of-way.

      (c) Except as otherwise provided in subsection 3, be placed upon any bridge or other structure thereon.

      (d) Be so situated with respect to any public highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to constitute a hazard upon or prevent the safe use of the state highway.

      2.  With the permission of the Department of Transportation, counties, towns or cities of this State may place at such points as are designated by the Director of the Department of Transportation suitable signboards advertising the counties, towns or municipalities.

 


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ê2009 Statutes of Nevada, Page 868 (Chapter 223, SB 245)ê

 

      3.  A person may place an advertising sign, signboard, board or other material containing advertising matter in any airspace above a highway if:

      (a) The Department of Transportation has leased the airspace to the person pursuant to subsection 2 of NRS 408.507, the airspace is over an interstate highway and:

            (1) The purpose of the sign, signboard, board or other material is to identify a commercial establishment that is entirely located within the airspace, services rendered, or goods produced or sold upon the commercial establishment or that the facility or property that is located within the airspace is for sale or lease; and

            (2) The size, location and design of the sign, signboard, board or other material and the quantity of signs, signboards, boards or other materials have been approved by the Department of Transportation; or

      (b) The person owns real property adjacent to an interstate highway and:

            (1) The person has dedicated to a public authority a fee or perpetual easement interest in at least 1 acre of the property for the construction or maintenance, or both, of the highway over which he is placing the sign, signboard, board or other material and the person retained the air rights in the airspace above the property for which the person has dedicated the interest;

            (2) The sign, signboard, board or other material is located in the airspace for which the person retained the air rights;

            (3) The structure that supports the sign, signboard, board or other material is not located on the property for which the person dedicated the fee or easement interest to the public authority, and the public authority determines that the location of the structure does not create a traffic hazard; and

            (4) The purpose of the sign, signboard, board or other material is to identify an establishment or activity that is located on the real property adjacent to the interstate highway, or services rendered or goods provided or sold on that property.

      4.  A tenant of a mobile home park may exhibit a political sign within a right-of-way of a state highway or road which is owned or controlled by the Department of Transportation if the tenant exhibits the sign within the boundary of his lot and in accordance with the requirements and limitations set forth in NRS 118B.145. As used in this subsection, the term “political sign” has the meaning ascribed to it in NRS 118B.145.

      5.  If any such sign is placed in violation of this section, it is thereby declared a public nuisance and may be removed forthwith by the Department of Transportation or the public authority.

      6.  Any person placing any such sign in violation of the provisions of this section shall be punished by a fine of not more than $250, and is also liable in damages for any injury or injuries incurred or for injury to or loss of property sustained by any person by reason of the violation.

      7.  If a franchisee receives revenues from an advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising sign, signboard, board or other material containing advertising matter authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

 


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extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      8.  As used in this section, “monorail station” means:

      (a) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      (b) Any facilities or appurtenances within such a structure.

      Sec. 62.  NRS 484.287 is hereby amended to read as follows:

      484.287  1.  It is unlawful for any person to place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any such device, sign or signal, and except as otherwise provided in subsection 4, a person shall not place or maintain nor may any public authority permit upon any highway any sign, signal , [or] marking or street banner bearing thereon any commercial advertising except on benches and shelters for passengers of public mass transportation for which a franchise has been granted pursuant to NRS 244.187 and 244.188, 268.081 and 268.083, 269.128 and 269.129, [or 373.1183,] or sections 28 and 32 of this act, or on monorail stations.

      2.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the proper public authority may remove the same or cause it to be removed without notice.

      3.  This section does not prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official traffic-control devices.

      4.  A person may place and maintain commercial advertising in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110, and a public authority may permit commercial advertising that has been placed in an airspace above a highway under the conditions specified pursuant to subsection 3 of NRS 405.110.

      5.  If a franchisee receives revenues from commercial advertising authorized by subsection 1 and the franchisee is obligated to repay a bond issued by the State of Nevada, the franchisee shall use all revenue generated by the advertising authorized by subsection 1 to meet its obligations to the State of Nevada as set forth in the financing agreement and bond indenture, including, without limitation, the payment of operations and maintenance obligations, the funding of reserves and the payment of debt service. To the extent that any surplus revenue remains after the payment of all such obligations, the surplus revenue must be used solely to repay the bond until the bond is repaid.

      6.  As used in this section [, “monorail] :

      (a) “Monorail station” means:

      [(a)] (1) A structure for the loading and unloading of passengers from a monorail for which a franchise has been granted pursuant to NRS 705.695 or an agreement has been entered into pursuant to NRS 705.695; and

      [(b)] (2) Any facilities or appurtenances within such a structure.

      (b) “Street banner” has the meaning ascribed to it in section 15 of this act.

 


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ê2009 Statutes of Nevada, Page 870 (Chapter 223, SB 245)ê

 

      Sec. 63.  NRS 706.386 is hereby amended to read as follows:

      706.386  It is unlawful, except as otherwise provided in NRS [373.117,] 706.446, 706.453 and 706.745, and section 29 of this act, for any fully regulated common motor carrier to operate as a carrier of intrastate commerce and any operator of a tow car to perform towing services within this State without first obtaining a certificate of public convenience and necessity from the Authority.

      Sec. 64.  NRS 373.025, 373.026, 373.040, 373.050, 373.055, 373.113, 373.115, 373.116, 373.1161, 373.1163, 373.117, 373.118, 373.1183, 373.1185, 373.130, 373.143 and 373.146 are hereby repealed.

      Sec. 65.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 224, SB 268

Senate Bill No. 268–Senator Carlton

 

CHAPTER 224

 

AN ACT relating to professions; allowing regulatory bodies to share information with each other and with the Health Division of the Department of Health and Human Services for reasons of public health; allowing regulatory bodies and the Health Division to conduct joint investigations in certain circumstances; requiring certain qualifications of members of regulatory bodies who are not licensed pursuant to the authority of the body on which they serve; exempting community service performed as a result of disciplinary action from limited immunity to civil liability for rendering gratuitous care; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 2 of this bill: (1) allows a regulatory body to share information with other regulatory bodies and the Health Division of the Department of Health and Human Services relating to public health concerns if the confidentiality of any shared information is maintained; and (2) allows a regulatory body and the Health Division to agree to conduct a joint investigation.

      Section 3 of this bill establishes certain requirements for any member of a regulatory body who is not himself a licensee of that regulatory body.

      Section 4 of this bill exempts from protection under the Good Samaritan statutes any person who is performing community service as a result of disciplinary action by any regulatory body.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 622 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2.  1.  Any regulatory body may share information in its possession relating to public health concerns with any other regulatory body and with the Health Division of the Department of Health and Human Services, if the confidentiality of the information is otherwise maintained in accordance with the terms and conditions required by law.

 


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      2.  Any regulatory body may conduct a joint investigation with the Health Division if either of them so requests and the regulatory body and the Health Division agree that each of them will benefit from conducting a joint investigation.

      Sec. 3.  A member of a regulatory body who is not a licensee of the regulatory body of which he is a member:

      1.  Shall reside in this State;

      2.  Must be a person of recognized ability and integrity;

      3.  Shall not have substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

      4.  Shall not have an immediate relative who has substantial personal or financial interests in the practice of any occupation or profession that the regulatory body has the authority to regulate or in any organization regulated by that regulatory body;

      5.  Shall not be an officer, board member or employee of a statewide or national organization established for the purpose of advocating the interests of or conducting peer review of licensees of the regulatory body on which he serves; and

      6.  Must not be a registered lobbyist representing any interest or association relating to the practice of any occupation or profession that the regulatory body has the authority to regulate.

      Sec. 4.  NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as otherwise provided in NRS 41.505, any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith, except for a person who is performing community service as a result of disciplinary action pursuant to any provision in title 54 of NRS, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this State who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this State, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this State, other than a driver or attendant, of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him whenever he is performing his duties in good faith.

 


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ê2009 Statutes of Nevada, Page 872 (Chapter 224, SB 268)ê

 

      4.  Any person who is a member of a search and rescue organization in this State under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by him in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      6.  Any person who:

      (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

Ê and who in good faith renders cardiopulmonary resuscitation in accordance with his training or the direction, other than in the course of his regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      7.  For the purposes of subsection 6, a person who:

      (a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and

      (b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

Ê shall be presumed to have acted other than in the course of his regular employment or profession.

      8.  Any person who gratuitously and in good faith renders emergency medical care involving the use of an automated external defibrillator is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      9.  A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:

      (a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;

 


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ê2009 Statutes of Nevada, Page 873 (Chapter 224, SB 268)ê

 

      (b) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and

      (c) Establishes requirements for the notification of emergency medical assistance and guidelines for the maintenance of the equipment.

      10.  As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.

________

 

CHAPTER 225, SB 339

Senate Bill No. 339–Committee on Energy, Infrastructure and Transportation

 

CHAPTER 225

 

AN ACT relating to energy; requiring the Colorado River Commission of Nevada to review and analyze available information, studies and reports to assess the feasibility of constructing a hydrokinetic generation project below Hoover Dam; requiring the Commission under certain circumstances to present its analysis to appropriate agencies of the Federal Government and request that those agencies determine whether to construct a hydrokinetic generation project below Hoover Dam; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law authorizes the Colorado River Commission of Nevada to sell electricity to certain customers without being subject to the jurisdiction of the Public Utilities Commission of Nevada. (NRS 704.787) Section 1 of this bill requires the Colorado River Commission to review and analyze available information, studies and reports to assess the feasibility of constructing a hydrokinetic generation project below Hoover Dam to meet the existing and future requirements of: (1) any customer that the Colorado River Commission was serving or had a contract to serve on July 16, 1997; and (2) the Southern Nevada Water Authority and its member agencies. Section 1 additionally requires the Colorado River Commission, if it determines that such a project is feasible, to present its analysis to appropriate agencies of the Federal Government and request that those agencies determine whether to construct a hydrokinetic generation project below Hoover Dam.

      Section 2 of this bill requires the Colorado River Commission to report to the Legislative Committee on Public Lands concerning the feasibility of constructing a hydrokinetic generation project below Hoover Dam.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.787 is hereby amended to read as follows:

      704.787  1.  The Colorado River Commission of Nevada may sell electricity and provide transmission service or distribution service, or both, only to meet the existing and future requirements of:

      (a) Any customer that the Colorado River Commission of Nevada on July 16, 1997, was serving or had a contract to serve; and

 


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ê2009 Statutes of Nevada, Page 874 (Chapter 225, SB 339)ê

 

      (b) The Southern Nevada Water Authority and its member agencies for their water and wastewater operations,

Ê without being subject to the jurisdiction of the Public Utilities Commission of Nevada.

      2.  The Public Utilities Commission of Nevada shall establish a just and reasonable tariff for such electric distribution service to be provided by an electric utility that primarily serves densely populated counties to the Colorado River Commission of Nevada for its sale of electricity or electric distribution services, or both, to any customer that the Colorado River Commission of Nevada on July 16, 1997, was serving or had a contract to serve, and to the Southern Nevada Water Authority and its member agencies to meet the existing and future requirements for their water and wastewater operations.

      3.  An electric utility that primarily serves densely populated counties shall provide electric distribution service pursuant to the tariff required by subsection 2.

      4.  The Colorado River Commission of Nevada shall:

      (a) Review and analyze available information, studies and reports to assess the feasibility of constructing a hydrokinetic generation project below Hoover Dam to assist in meeting any existing or future requirements described in subsection 1; and

      (b) If the analysis indicates that construction of such a hydrokinetic generation project is feasible, present that analysis to appropriate agencies of the Federal Government and request that those agencies determine whether to construct a hydrokinetic generation project below Hoover Dam.

      5.  As used in this section:

      (a) “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.

      (b) “Hydrokinetic generation project” means a project that generates electricity from waves or directly from the flow of water in rivers, streams, channels and other inland waterways.

      (c) “Southern Nevada Water Authority” has the meaning ascribed to it in NRS 538.041.

      Sec. 2.  The Colorado River Commission of Nevada shall, on or before July 1, 2010, submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Public Lands concerning the feasibility of constructing a hydrokinetic generation project below Hoover Dam.

      Sec. 3.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 875ê

 

CHAPTER 226, SB 340

Senate Bill No. 340–Committee on Health and Education

 

CHAPTER 226

 

AN ACT relating to public health; revising provisions governing the allocation by the Department of Health and Human Services of certain money from the Fund for a Healthy Nevada; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes the Fund for a Healthy Nevada in the State Treasury, into which the State Treasurer is required to deposit: (1) fifty percent of all money received by the State pursuant to any settlement entered into by the State and a manufacturer of tobacco products; and (2) fifty percent of all money recovered by the State from a judgment in a civil action against a manufacturer of tobacco products. (NRS 439.620) Existing law requires the Department of Health and Human Services to allocate, by contract or grant, for expenditure not more than 15 percent of available revenues from the Fund for a Healthy Nevada for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. (NRS 439.630) This bill requires that the money be allocated for programs that are consistent with the guidelines of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. This bill further requires that the money be allocated: (1) to the district board of health in each county whose population is 100,000 or more (currently Clark and Washoe Counties) for expenditure for such programs in the respective county; (2) for such programs in counties whose population is less than 100,000 (all counties other than Clark and Washoe Counties); and (3) for evaluations, statewide tobacco cessation programs and other statewide services deemed necessary by the Health Division of the Department of Health and Human Services and district boards of health. This bill also removes the requirement that the Department or the Grants Management Advisory Committee conduct public hearings regarding existing or proposed programs that reduce or prevent the use of tobacco.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 439.630 is hereby amended to read as follows:

      439.630  1.  The Department shall:

      (a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

            (1) Promote public health;

            (2) Improve health services for children, senior citizens and persons with disabilities;

            (3) [Reduce or prevent the use of tobacco;

            (4)] Reduce or prevent the abuse of and addiction to alcohol and drugs; and

            [(5)] (4) Offer other general or specific information on health care in this State.

 


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ê2009 Statutes of Nevada, Page 876 (Chapter 226, SB 340)ê

 

      (b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.

      (c) Allocate not more than 30 percent of available revenues for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.

      (d) Allocate, by contract or grant, for expenditure not more than 30 percent of available revenues for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

            (1) Respite care or relief of informal caretakers;

            (2) Transportation to new or existing services to assist senior citizens in living independently; and

            (3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.

      (e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to:

            (1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147; and

            (2) Fund assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.2708.

Ê The Director shall develop policies and procedures for distributing the money allocated pursuant to this paragraph. Money allocated pursuant to this paragraph does not revert to the Fund at the end of the fiscal year.

      (f) Allocate [, by contract or grant, for expenditure] to the Health Division not more than 15 percent of available revenues for programs that are consistent with the guidelines established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

 


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ê2009 Statutes of Nevada, Page 877 (Chapter 226, SB 340)ê

 

Human Services relating to evidence-based best practices to prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco. In making allocations pursuant to this paragraph, the Health Division shall allocate the money, by contract or grant:

            (1) To the district board of health in each county whose population is 100,000 or more for expenditure for such programs in the respective county;

            (2) For such programs in counties whose population is less than 100,000; and

            (3) For statewide programs for tobacco cessation and other statewide services for tobacco cessation and for statewide evaluations of programs which receive an allocation of money pursuant to this paragraph, as determined necessary by the Health Division and the district boards of health.

      (g) Allocate, by contract or grant, for expenditure not more than 10 percent of available revenues for programs that improve health services for children.

      (h) Allocate, by contract or grant, for expenditure not more than 10 percent of available revenues for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:

            (1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;

            (2) Programs that provide positive behavioral supports to persons with disabilities; and

            (3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

      (i) Allocate not more than 5 percent of available revenues for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.

      (j) Maximize expenditures through local, federal and private matching contributions.

      (k) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.

      (l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

      (m) To make the allocations required by paragraphs (f), (g) and (h):

            (1) Prioritize and quantify the needs for these programs;

            (2) Develop, solicit and accept applications for allocations;

 


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ê2009 Statutes of Nevada, Page 878 (Chapter 226, SB 340)ê

 

            (3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

            (4) Conduct annual evaluations of programs to which allocations have been awarded; and

            (5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      (n) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      2.  The Department may take such other actions as are necessary to carry out its duties.

      3.  To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

      (a) Prioritize and quantify the needs of senior citizens for these programs;

      (b) Develop, solicit and accept grant applications for allocations;

      (c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

      (d) Award grants, contracts or other allocations;

      (e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

      (f) Submit annual reports concerning the allocations made by the Aging Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

      4.  The Aging Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

      5.  A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

 


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ê2009 Statutes of Nevada, Page 879 (Chapter 226, SB 340)ê

 

      6.  As used in this section, “available revenues” means the total revenues deposited in the Fund for a Healthy Nevada each year minus $200,000.

      Sec. 2.  This act becomes effective on July 1, 2010.

________

 

CHAPTER 227, SB 362

Senate Bill No. 362–Committee on Commerce and Labor

 

CHAPTER 227

 

AN ACT relating to professions; clarifying the application of general provisions authorizing summary license suspensions by the Board of Medical Examiners, Board of Homeopathic Medical Examiners and State Board of Osteopathic Medicine; providing for certain health care professional licensing boards to suspend or revoke the professional license of the owner of a health care facility responsible for creating a public health threat; requiring certain health care professional licensing boards to retain every complaint filed with the board for a certain period of time; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law allows any agency that grants licenses to summarily suspend a license if the agency finds that public health, safety or welfare imperatively require emergency action. (NRS 233B.127) Sections 3, 6 and 13 of this bill clarify that this general provision applies to the Board of Medical Examiners, the Board of Homeopathic Medical Examiners and the State Board of Osteopathic Medicine.

      Existing law provides that medical facilities which engage in conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada may have their license to operate as a medical facility suspended or revoked. (NRS 449.160) Sections 1, 4, 7, 10, 11, 14, 17, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38, 40, 42 and 44 of this bill authorize various boards which license health care professionals to suspend or revoke the licenses of persons who own or are otherwise responsible for the operation of medical facilities that are investigated or disciplined pursuant to that provision.

      Sections 2, 5, 8, 9, 12, 15, 16, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43 and 45 of this bill require various boards which license health care professionals to retain all complaints, whether acted upon or not, for 10 years.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  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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ê2009 Statutes of Nevada, Page 880 (Chapter 227, SB 362)ê

 

      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.  Operation of a medical facility at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 2.  NRS 630.307 is hereby amended to read as follows:

      630.307  1.  Any person, medical school or medical facility that becomes aware that a person practicing medicine or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      2.  Any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in a physician’s privileges to practice medicine while the physician is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician concerning the care of a patient or the competency of the physician within 30 days after the change in privileges is made or disciplinary action is taken. The Board shall report any failure to comply with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services.

 


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ê2009 Statutes of Nevada, Page 881 (Chapter 227, SB 362)ê

 

with this subsection by a hospital, clinic or other medical facility licensed in this State to the Health Division of the Department of Health and Human Services. If, after a hearing, the Health Division determines that any such facility or society failed to comply with the requirements of this subsection, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

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

      (a) Is mentally ill;

      (b) Is mentally incompetent;

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

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

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

Ê within 45 days after such a finding, judgment or determination is made.

      4.  On or before January 15 of each year, the clerk of each court shall submit to the Office of Court Administrator created pursuant to NRS 1.320 a written report compiling the information that the clerk reported during the previous year to the Board regarding physicians pursuant to paragraph (e) of subsection 3.

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

      Sec. 3.  NRS 630.329 is hereby amended to read as follows:

      630.329  If the Board issues an order suspending the license of a physician, physician assistant or practitioner of respiratory care pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.

      Sec. 4.  NRS 630A.370 is hereby amended to read as follows:

      630A.370  The following acts, among others, constitute grounds for initiating disciplinary action or denying the issuance of a license:

      1.  Inability to practice homeopathic medicine with reasonable skill and safety because of an illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other addictive substance.

      2.  Engaging in any:

      (a) Professional conduct which is intended to deceive or which the Board by regulation has determined is unethical.

      (b) Medical practice harmful to the public or any conduct detrimental to the public health, safety or morals which does not constitute gross or repeated malpractice or professional incompetence.

      3.  Administering, dispensing or prescribing any controlled substance, except as authorized by law.

      4.  Performing, assisting or advising an unlawful abortion or in the injection of any liquid substance into the human body to cause an abortion.

      5.  Practicing or offering to practice beyond the scope permitted by law, or performing services which the homeopathic physician knows or has reason to know he is not competent to perform.

 


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ê2009 Statutes of Nevada, Page 882 (Chapter 227, SB 362)ê

 

      6.  Performing any procedure without first obtaining the informed consent of the patient or his family or prescribing any therapy which by the current standards of the practice of homeopathic medicine is experimental.

      7.  Continued failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing who practice homeopathy and electrodiagnosis.

      8.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 5.  NRS 630A.390 is hereby amended to read as follows:

      630A.390  1.  Any person who becomes aware that a person practicing medicine in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action may file a written complaint with the Board.

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

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

      (a) Is mentally ill;

      (b) Is mentally incompetent;

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

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

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

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

      Sec. 6.  NRS 630A.450 is hereby amended to read as follows:

      630A.450  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of a homeopathic physician pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.

      Sec. 7.  NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of his license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

 


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ê2009 Statutes of Nevada, Page 883 (Chapter 227, SB 362)ê

 

      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render him unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      7.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter; [or]

      8.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive [.] ; or

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 8.  NRS 631.360 is hereby amended to read as follows:

      631.360  1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension or revocation of a license or certificate under this chapter, investigate the actions of any person holding a certificate.

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

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

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

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

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

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

      Sec. 9.  NRS 632.310 is hereby amended to read as follows:

      632.310  1.  The Board may, upon its own motion, and shall, upon the verified complaint in writing of any person, if the complaint alone or together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada.

 


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ê2009 Statutes of Nevada, Page 884 (Chapter 227, SB 362)ê

 

together with evidence, documentary or otherwise, presented in connection therewith, is sufficient to require an investigation, investigate the actions of any licensee or holder of a certificate or any person who assumes to act as a licensee or holder of a certificate within the State of Nevada.

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

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

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

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

      Sec. 10.  NRS 632.320 is hereby amended to read as follows:

      632.320  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that he:

      [1.] (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      [2.] (b) Is guilty of any offense:

      [(a)] (1) Involving moral turpitude; or

      [(b)] (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      [3.] (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      [4.] (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      [5.] (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his ability to conduct the practice authorized by his license or certificate.

      [6.] (f) Is a person with mental incompetence.

      [7.] (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

      [(a)] (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

      [(b)] (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

      [(c)] (3) Impersonating another licensed practitioner or holder of a certificate.

 


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      [(d)] (4) Permitting or allowing another person to use his license or certificate to practice as a licensed practical nurse, registered nurse or nursing assistant.

      [(e)] (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against him.

      [(f)] (6) Physical, verbal or psychological abuse of a patient.

      [(g)] (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      [8.] (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      [9.] (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      [10.] (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      [11.] (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      [12.] (l) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or has committed an act in another state which would constitute a violation of this chapter.

      [13.] (m) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      [14.] (n) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (o) Has operated a medical facility at any time during which:

            (1) The license of the facility was suspended or revoked; or

            (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      Sec. 11.  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;

 


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      (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.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 12.  NRS 633.531 is hereby amended to read as follows:

      633.531  1.  The Board or any of its members, any medical review panel of a hospital or medical society which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing osteopathic medicine in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

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

      Sec. 13.  NRS 633.591 is hereby amended to read as follows:

      633.591  Notwithstanding the provisions of chapter 622A of NRS, if the Board issues an order summarily suspending the license of an osteopathic physician pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order unless the Board fails to institute and determine such proceedings as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 14.  NRS 634.140 is hereby amended to read as follows:

      634.140  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 chiropractic;

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

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of the license to practice chiropractic by any other jurisdiction.

 


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      4.  Gross or repeated malpractice.

      5.  Referring, in violation of NRS 439B.425, a patient to a health facility, medical laboratory or commercial establishment in which the licensee has a financial interest.

      6.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 15.  NRS 634.160 is hereby amended to read as follows:

      634.160  1.  The Board or any of its members who become aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing chiropractic in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Executive Director of the Board.

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

      Sec. 16.  NRS 634A.085 is hereby amended to read as follows:

      634A.085  1.  If a written complaint regarding a licensee is filed with the Board, the Board shall review the complaint. If, from the complaint or from other records, it appears that the complaint is not frivolous, the Board shall transmit the original complaint and any facts or information obtained from the review to the Attorney General.

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

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

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

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

      Sec. 17.  NRS 634A.170 is hereby amended to read as follows:

      634A.170  The Board may refuse to issue or may suspend or revoke any license for any one or any combination of the following causes:

      1.  Conviction of:

      (a) A felony relating to the practice of Oriental medicine;

      (b) Any offense involving moral turpitude;

      (c) A violation of any state or federal law regulating the possession, distribution or use of any controlled substance, as shown by a certified copy of the record of the court; or

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

      2.  The obtaining of or any attempt to obtain a license or practice in the profession for money or any other thing of value, by fraudulent misrepresentations;

 


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

      4.  Advertising by means of a knowingly false or deceptive statement;

      5.  Advertising, practicing or attempting to practice under a name other than one’s own;

      6.  Habitual drunkenness or habitual addiction to the use of a controlled substance;

      7.  Using any false, fraudulent or forged statement or document, or engaging in any fraudulent, deceitful, dishonest or immoral practice in connection with the licensing requirements of this chapter;

      8.  Sustaining a physical or mental disability which renders further practice dangerous;

      9.  Engaging in any dishonorable, unethical or unprofessional conduct which may deceive, defraud or harm the public, or which is unbecoming a person licensed to practice under this chapter;

      10.  Using any false or fraudulent statement in connection with the practice of Oriental medicine or any branch thereof;

      11.  Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter;

      12.  Being adjudicated incompetent or insane;

      13.  Advertising in an unethical or unprofessional manner;

      14.  Obtaining a fee or financial benefit for any person by the use of fraudulent diagnosis, therapy or treatment;

      15.  Willful disclosure of a privileged communication;

      16.  Failure of a licensee to designate the nature of his practice in the professional use of his name by the term doctor of Oriental medicine;

      17.  Willful violation of the law relating to the health, safety or welfare of the public or of the regulations adopted by the State Board of Health;

      18.  Administering, dispensing or prescribing any controlled substance, except for the prevention, alleviation or cure of disease or for relief from suffering; [and]

      19.  Performing, assisting or advising in the injection of any liquid silicone substance into the human body [.] ; and

      20.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 18.  NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Deny an application for a license or refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      2.  The Board may take disciplinary action against a licensee for any of the following causes:

 


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ê2009 Statutes of Nevada, Page 889 (Chapter 227, SB 362)ê

 

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, his permitting an unlicensed person in his employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (g) Conduct which in the opinion of the Board disqualifies him to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his practice.

      (l) Unethical or unprofessional conduct.

      (m) Willful or repeated violations of this chapter or regulations adopted by the Board.

      (n) Willful violation of the regulations adopted by the State Board of Pharmacy.

      (o) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

            (1) The license of the facility is suspended or revoked; or

            (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      Sec. 19.  NRS 635.158 is hereby amended to read as follows:

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

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

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

 


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ê2009 Statutes of Nevada, Page 890 (Chapter 227, SB 362)ê

 

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

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

      Sec. 20.  NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which he has been convicted and from which he has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

      3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Commission of fraud by or on behalf of the licensee in obtaining his license or a renewal thereof, or in practicing optometry thereunder.

      5.  Habitual drunkenness or addiction to any controlled substance.

      6.  Gross incompetency.

      7.  Affliction with any mental or physical disorder or disturbance seriously impairing his competency as an optometrist.

      8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      9.  Practice by the licensee, or attempting or offering so to do, while he is in an intoxicated condition.

      10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      11.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

      12.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 21.  NRS 636.315 is hereby amended to read as follows:

      636.315  1.  As soon as practicable after the filing of a complaint, the Board shall notify the licensee against whom the complaint is filed and fix a date for its review of the complaint. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held within 30 days after receiving the report. The licensee must be allowed a reasonable amount of time to respond to the allegations of the complaint. The Executive Director shall notify the licensee of the time, date and place fixed for the Board’s review of the complaint.

 


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ê2009 Statutes of Nevada, Page 891 (Chapter 227, SB 362)ê

 

      2.  After reviewing the complaint, the Board shall dismiss the complaint or file a formal charge against the licensee. If a formal charge is filed, the Executive Director shall prepare the charge in accordance with the Board’s regulations and send a copy to the licensee. The licensee must be allowed a reasonable amount of time to file a response to the charge.

      3.  Within a reasonable time after the Executive Director sends a copy of the charge to the licensee, the Board shall fix the time, date and place for a hearing and the Executive Director shall notify the licensee thereof.

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

      Sec. 22.  NRS 637.150 is hereby amended to read as follows:

      637.150  1.  Upon proof by substantial evidence that an applicant or holder of a license:

      (a) Has been adjudicated insane;

      (b) Habitually uses any controlled substance or intoxicant;

      (c) Has been convicted of a crime involving moral turpitude;

      (d) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (e) Has advertised in any manner which would tend to deceive, defraud or mislead the public;

      (f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained a license to practice in [the] this State through fraud of any kind;

      (g) Has been convicted of a violation of any federal or state law relating to a controlled substance;

      (h) Has, without proper verification, dispensed a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS 637.073;

      (i) Has violated any regulation of the Board;

      (j) Has violated any provision of this chapter;

      (k) Is incompetent;

      (l) Is guilty of unethical or unprofessional conduct as determined by the Board;

      (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner; [or]

      (n) Is guilty of a fraudulent or deceptive practice as determined by the Board [,] ; or

      (o) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

            (1) The license of the facility was suspended or revoked; or

            (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160,

Ê the Board may, in the case of an applicant, refuse to grant him a license, or may, in the case of a holder of a license, place him on probation, reprimand him publicly, require him to pay an administrative fine of not more than $10,000, suspend or revoke his license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

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

 


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      4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

      Sec. 23.  NRS 637.181 is hereby amended to read as follows:

      637.181  Notwithstanding the provisions of chapter 622A of NRS:

      1.  The Board shall conduct an investigation if it receives a complaint that sets forth reason to believe that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter. The complaint must be:

      (a) Made in writing; and

      (b) Signed and verified by the person filing the complaint.

      2.  If the Board determines that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter, the Board:

      (a) Shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains the proper license from the Board.

      (b) May, after notice and opportunity for a hearing, impose upon the person an administrative fine of not more than $10,000. The imposition of an administrative fine is a final decision for the purposes of judicial review.

      3.  An administrative fine imposed pursuant to this section is in addition to any other penalty provided in this chapter.

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

      Sec. 24.  NRS 637A.250 is hereby amended to read as follows:

      637A.250  In a manner consistent with the provisions of chapter 622A of NRS, the Board may take disciplinary action against a licensee if the licensee:

      1.  Has been convicted of a felony relating to the practice of hearing aid specialists.

      2.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      3.  Obtained the license by fraud or misrepresentation.

      4.  Has made any false or fraudulent statements concerning hearing aids or the business of hearing aid specialist.

      5.  Has been guilty of negligence, incompetence or unprofessional conduct in his practice as a hearing aid specialist. As used in this subsection, “unprofessional conduct” includes, without limitation:

      (a) Conduct which is intended to deceive or which the Board by specific regulation has determined is unethical;

      (b) Conduct which is harmful to the public or any conduct detrimental to the public health or safety;

      (c) Conduct for which disciplinary action was taken by an agency of another state which is authorized to regulate the practice of hearing aid specialists; and

      (d) Knowingly employing, directly or indirectly, any person who is not licensed to fit or dispense hearing aids or whose license to fit or dispense hearing aids has been suspended or revoked.

      6.  Has loaned or transferred his license to another person.

      7.  Willfully violated any law of this State or any provision of this chapter regulating hearing aid specialists or the operation of an office, store or other location for dispensing hearing aids.

 


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ê2009 Statutes of Nevada, Page 893 (Chapter 227, SB 362)ê

 

      8.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 25.  NRS 637A.260 is hereby amended to read as follows:

      637A.260  1.  The Board, any of its members or any other person who believes that a licensee or other person has violated a provision of this chapter may file a complaint specifying the relevant facts with the Board. The Board may amend any such complaint to include additional allegations if it becomes aware of any additional information concerning a further violation of the provisions of this chapter.

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

      3.  The complaint must be made in writing and be signed and verified by the person making it.

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

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

      Sec. 26.  NRS 637B.250 is hereby amended to read as follows:

      637B.250  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 regarding 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 audiology or speech pathology;

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

      (d) Any offense involving moral turpitude.

      3.  Suspension or revocation of a license to practice audiology or speech pathology 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.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

 


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ê2009 Statutes of Nevada, Page 894 (Chapter 227, SB 362)ê

 

      Sec. 27.  NRS 637B.260 is hereby amended to read as follows:

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

      2.  The complaint must be in writing and be signed and verified by the person making it.

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

      Sec. 28.  NRS 639.210 is hereby amended to read as follows:

      639.210  The Board may suspend or revoke any certificate, license, registration or permit issued pursuant to this chapter, and deny the application of any person for a certificate, license, registration or permit, if the holder or applicant:

      1.  Is not of good moral character;

      2.  Is guilty of habitual intemperance;

      3.  Becomes or is intoxicated or under the influence of liquor, any depressant drug or a controlled substance, unless taken pursuant to a lawfully issued prescription, while on duty in any establishment licensed by the Board;

      4.  Is guilty of unprofessional conduct or conduct contrary to the public interest;

      5.  Is addicted to the use of any controlled substance;

      6.  Has been convicted of a violation of any law or regulation of the Federal Government or of this or any other state related to controlled substances, dangerous drugs, drug samples, or the wholesale or retail distribution of drugs;

      7.  Has been convicted of:

      (a) A felony relating to holding a certificate, license, registration or permit pursuant to this chapter;

      (b) A felony pursuant to NRS 639.550 or 639.555; or

      (c) Other crime involving moral turpitude, dishonesty or corruption;

      8.  Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      9.  Has willfully made to the Board or its authorized representative any false statement which is material to the administration or enforcement of any of the provisions of this chapter;

      10.  Has obtained any certificate, certification, license or permit by the filing of an application, or any record, affidavit or other information in support thereof, which is false or fraudulent;

      11.  Has violated any provision of the Federal Food, Drug and Cosmetic Act or any other federal law or regulation relating to prescription drugs;

      12.  Has violated, attempted to violate, assisted or abetted in the violation of or conspired to violate any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy, or has knowingly permitted, allowed, condoned or failed to report a violation of any of the provisions of this chapter or any law or regulation relating to drugs, the manufacture or distribution of drugs or the practice of pharmacy committed by the holder of a certificate, license, registration or permit;

      13.  Has failed to renew his certificate, license or permit by failing to submit the application for renewal or pay the renewal fee therefor;

 


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ê2009 Statutes of Nevada, Page 895 (Chapter 227, SB 362)ê

 

      14.  Has had his certificate, license or permit suspended or revoked in another state on grounds which would cause suspension or revocation of a certificate, license or permit in this State;

      15.  Has, as a managing pharmacist, violated any provision of law or regulation concerning recordkeeping or inventory in a store over which he presides, or has knowingly allowed a violation of any provision of this chapter or other state or federal laws or regulations relating to the practice of pharmacy by personnel of the pharmacy under his supervision;

      16.  Has repeatedly been negligent, which may be evidenced by claims of malpractice settled against him;

      17.  Has failed to maintain and make available to a state or federal officer any records in accordance with the provisions of this chapter or chapter 453 or 454 of NRS; [or]

      18.  Has failed to file or maintain a bond or other security if required by NRS 639.515 [.] ; or

      19.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 29.  NRS 639.2485 is hereby amended to read as follows:

      639.2485  1.  Except as otherwise provided in this section and NRS 239.0115, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.

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

      3.  The Board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

      4.  If the Board receives a request or subpoena for records or information obtained during an investigation by the Board and the records or information is not made public pursuant to subsection 2, the Board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the Board may release the records or information only upon the order of a court of competent jurisdiction.

      5.  The Board shall retain all complaints or other documents filed by the Board to initiate disciplinary action for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 30.  NRS 640.160 is hereby amended to read as follows:

      640.160  1.  The Board, after notice and a hearing as required by law, and upon any ground enumerated in subsection 2, may take one or more of the following actions:

      (a) Refuse to issue a license or temporary license to any applicant.

      (b) Refuse to renew the license or temporary license of any person.

      (c) Suspend or revoke the license or temporary license of any person.

 


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ê2009 Statutes of Nevada, Page 896 (Chapter 227, SB 362)ê

 

      (d) Place any person who has been issued a license or temporary license on probation.

      (e) Impose an administrative fine which does not exceed $5,000 on any person who has been issued a license.

      2.  The Board may take action pursuant to subsection 1 if an applicant or person who has been licensed pursuant to this chapter:

      (a) Is habitually drunk or is addicted to the use of a controlled substance.

      (b) Has been convicted of violating any state or federal law relating to controlled substances.

      (c) Is, in the judgment of the Board, guilty of immoral or unprofessional conduct.

      (d) Has been convicted of any crime involving moral turpitude.

      (e) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (f) Is guilty, in the judgment of the Board, of gross negligence in his practice as a physical therapist which may be evidenced by claims of malpractice settled against a practitioner.

      (g) Has obtained or attempted to obtain a license by fraud or material misrepresentation.

      (h) Has been declared insane by a court of competent jurisdiction and has not thereafter been lawfully declared sane.

      (i) Has entered into any contract or arrangement which provides for the payment of an unearned fee to any person following his referral of a patient.

      (j) Has employed as a physical therapist any unlicensed physical therapist or physical therapist whose license has been suspended.

      (k) Has had his license to practice physical therapy suspended, revoked or in any way limited by another jurisdiction.

      (l) Is determined to be professionally incompetent by the Board.

      (m) Has violated any provision of this chapter or the Board’s regulations.

      (n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

            (1) The license of the facility was suspended or revoked; or

            (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      Sec. 31.  NRS 640.161 is hereby amended to read as follows:

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

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

      3.  The complaint must be in writing and be signed and verified by the person filing it. The original complaint and two copies must be filed with the Board.

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

 


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ê2009 Statutes of Nevada, Page 897 (Chapter 227, SB 362)ê

 

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

      Sec. 32.  NRS 640A.200 is hereby amended to read as follows:

      640A.200  1.  The Board may, after notice and a hearing as required by law, suspend, revoke or refuse to issue or renew a license to practice as an occupational therapist or occupational therapy assistant, or may impose conditions upon the use of that license, if the Board determines that the holder of or applicant for the license is guilty of unprofessional conduct which has endangered or is likely to endanger the public health, safety or welfare. The Board may reinstate a revoked license pursuant to the provisions of chapter 622A of NRS upon application by the person to whom the license was issued.

      2.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the Board receives the report.

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

      4.  As used in this section, “unprofessional conduct” includes:

      (a) The obtaining of a license by fraud or through the misrepresentation or concealment of a material fact;

      (b) The conviction of:

            (1) A felony or gross misdemeanor relating to the practice of occupational therapy; or

            (2) Any crime involving moral turpitude; [and]

      (c) The violation of any provision of this chapter or regulation of the Board adopted pursuant to this chapter [.] ; and

      (d) The operation of a medical facility, as defined in NRS 449.0151, at any time during which:

            (1) The license of the facility is suspended or revoked; or

            (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      Sec. 33.  NRS 640A.220 is hereby amended to read as follows:

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

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

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

 


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ê2009 Statutes of Nevada, Page 898 (Chapter 227, SB 362)ê

 

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

      Sec. 34.  NRS 640B.700 is hereby amended to read as follows:

      640B.700  1.  The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:

      (a) Has submitted false or misleading information to the Board or any agency of this State, any other state, the Federal Government or the District of Columbia;

      (b) Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      (c) Has been convicted of a felony, a crime relating to a controlled substance or a crime involving moral turpitude;

      (d) Is addicted to alcohol or any controlled substance;

      (e) Has violated the provisions of NRS 200.5093, 200.50935 or 432B.220;

      (f) Is guilty of gross negligence in his practice as an athletic trainer;

      (g) Is not competent to engage in the practice of athletic training;

      (h) Has failed to provide information requested by the Board within 60 days after he received the request;

      (i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;

      (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      (k) Has solicited or received compensation for services that he did not provide;

      (l) If the licensee is on probation, has violated the terms of his probation; [or]

      (m) Has terminated his professional services to a client in a manner that detrimentally affected that client [.] ; or

      (n) Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

            (1) The license of the facility was suspended or revoked; or

            (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      2.  The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing as required by law:

      (a) Refuse to issue a license to the applicant;

      (b) Refuse to renew or restore the license of the licensee;

      (c) Suspend or revoke the license of the licensee;

      (d) Place the licensee on probation;

      (e) Impose an administrative fine of not more than $5,000;

      (f) Require the applicant or licensee to pay the costs incurred by the Board to conduct the investigation and hearing; or

 


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ê2009 Statutes of Nevada, Page 899 (Chapter 227, SB 362)ê

 

      (g) Impose any combination of actions set forth in paragraphs (a) to (f), inclusive.

      3.  The Board shall not issue a private reprimand to a licensee.

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

      Sec. 35.  NRS 640B.730 is hereby amended to read as follows:

      640B.730  1.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

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

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

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

      Sec. 36.  NRS 640C.700 is hereby amended to read as follows:

      640C.700  The Board may refuse to issue a license to an applicant, or may initiate disciplinary action against a holder of a license, if the applicant or holder of the license:

      1.  Has submitted false, fraudulent or misleading information to the Board or any agency of this State, any other state, a territory or possession of the United States, the District of Columbia or the Federal Government;

      2.  Has violated any provision of this chapter or any regulation adopted pursuant thereto;

      3.  Has been convicted of a crime involving violence, prostitution or any other sexual offense, a crime involving any type of larceny, a crime relating to a controlled substance, a crime involving any federal or state law or regulation relating to massage therapy or a substantially similar business, or a crime involving moral turpitude within the immediately preceding 10 years ; [.]

      4.  Has engaged in or solicited sexual activity during the course of practicing massage on a person, with or without the consent of the person, including, without limitation, if the applicant or holder of the license:

      (a) Made sexual advances toward the person;

      (b) Requested sexual favors from the person; or

      (c) Massaged, touched or applied any instrument to the breasts of the person, unless the person has signed a written consent form provided by the Board;

      5.  Has habitually abused alcohol or is addicted to a controlled substance;

      6.  Is, in the judgment of the Board, guilty of gross negligence in his practice of massage therapy;

 


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ê2009 Statutes of Nevada, Page 900 (Chapter 227, SB 362)ê

 

      7.  Is determined by the Board to be professionally incompetent to engage in the practice of massage therapy;

      8.  Has failed to provide information requested by the Board within 60 days after he received the request;

      9.  Has, in the judgment of the Board, engaged in unethical or unprofessional conduct as it relates to the practice of massage therapy;

      10.  Has been disciplined in another state, a territory or possession of the United States or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;

      11.  Has solicited or received compensation for services relating to the practice of massage therapy that he did not provide;

      12.  If the holder of the license is on probation, has violated the terms of his probation; [or]

      13.  Has engaged in false, deceptive or misleading advertising, including, without limitation, falsely, deceptively or misleadingly advertising that he has received training in a specialty technique of massage for which he has not received training, practicing massage therapy under an assumed name and impersonating a licensed massage therapist [.] ; or

      14.  Has operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 37.  NRS 640C.740 is hereby amended to read as follows:

      640C.740  1.  If any member of the Board or the Executive Director becomes aware of any ground for initiating disciplinary action against a holder of a license, the member or Executive Director shall file a written complaint with the Board.

      2.  The complaint must specifically:

      (a) Set forth the relevant facts; and

      (b) Charge one or more grounds for initiating disciplinary action.

      3.  As soon as practicable after the filing of the complaint, an investigation of the complaint must be conducted to determine whether the allegations in the complaint merit the initiation of disciplinary proceedings against the holder of the license.

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

      Sec. 38.  NRS 641.230 is hereby amended to read as follows:

      641.230  The Board may suspend the license of a psychologist, place a psychologist on probation, revoke the license of a psychologist, require remediation for a psychologist or take any other action specified by regulation if the Board finds by substantial evidence that the psychologist has:

      1.  Been convicted of a felony relating to the practice of psychology.

      2.  Been convicted of any crime or offense that reflects the inability of the psychologist to practice psychology with due regard for the health and safety of others.

 


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ê2009 Statutes of Nevada, Page 901 (Chapter 227, SB 362)ê

 

      3.  Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology.

      5.  Aided or abetted the practice of psychology by a person not licensed by the Board.

      6.  Made any fraudulent or untrue statement to the Board.

      7.  Violated a regulation adopted by the Board.

      8.  Had his license to practice psychology suspended or revoked or has had any other disciplinary action taken against him by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      9.  Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology issued to him by another state or territory of the United States, the District of Columbia or a foreign country.

      10.  Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      11.  Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      12.  Engaged in sexual activity with a patient.

      13.  Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      14.  Been convicted of submitting a false claim for payment to the insurer of a patient.

      15.  Operated a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility was suspended or revoked; or

      (b) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 39.  NRS 641.250 is hereby amended to read as follows:

      641.250  1.  The Board or any of its members, any review panel of a hospital or an association of psychologists which becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing psychology in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board.

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

      Sec. 40.  NRS 641A.310 is hereby amended to read as follows:

      641A.310  The Board may refuse to grant a license or may suspend or revoke a license for any of the following reasons:

      1.  Conviction of a felony relating to the practice of marriage and family therapy or clinical professional counseling or of any offense involving moral turpitude, the record of conviction being conclusive evidence thereof.

      2.  Habitual drunkenness or addiction to the use of a controlled substance.

 


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ê2009 Statutes of Nevada, Page 902 (Chapter 227, SB 362)ê

 

      3.  Impersonating a licensed marriage and family therapist, marriage and family therapist intern, clinical professional counselor or clinical professional counselor intern or allowing another person to use his license.

      4.  Using fraud or deception in applying for a license or in passing the examination provided for in this chapter.

      5.  Rendering or offering to render services outside the area of his training, experience or competence.

      6.  Committing unethical practices contrary to the interest of the public as determined by the Board.

      7.  Unprofessional conduct as determined by the Board.

      8.  Negligence, fraud or deception in connection with services he is licensed to provide pursuant to this chapter.

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 41.  NRS 641A.330 is hereby amended to read as follows:

      641A.330  1.  A complaint may be made against a licensee by an agency or inspector employed by the Board, any other licensee or any aggrieved person, charging one or more of the causes for which the license may be revoked or suspended with such particularity as to enable the defendant to prepare a defense thereto.

      2.  A complaint must be made in writing and signed and verified by the person making it. The original complaint and two copies must be filed with the Secretary-Treasurer.

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

      Sec. 42.  NRS 641B.400 is hereby amended to read as follows:

      641B.400  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct;

      2.  Conviction of:

      (a) A felony relating to the practice of social work;

      (b) Any offense involving moral turpitude; or

      (c) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or dangerous drug as defined in chapter 454 of NRS;

      3.  Use of fraud or deception in:

      (a) Applying for a license;

      (b) Undergoing the initial licensing examination; or

      (c) Rendering services as a social worker;

      4.  Allowing unauthorized use of a license issued pursuant to this chapter;

      5.  Professional incompetence;

      6.  Practicing social work without a license; [and]

      7.  The habitual use of alcohol or any controlled substance which impairs the ability to practice social work [.] ; and

 


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ê2009 Statutes of Nevada, Page 903 (Chapter 227, SB 362)ê

 

      8.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 43.  NRS 641B.410 is hereby amended to read as follows:

      641B.410  1.  The Board, any of its members or any member of a review panel of social workers who becomes aware that any one or combination of the grounds for initiating disciplinary action may exist as to a person practicing social work in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

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

      Sec. 44.  NRS 641C.700 is hereby amended to read as follows:

      641C.700  The grounds for initiating disciplinary action pursuant to the provisions of this chapter include:

      1.  Conviction of:

      (a) A felony relating to the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers;

      (b) An offense involving moral turpitude; or

      (c) A violation of a federal or state law regulating the possession, distribution or use of a controlled substance or dangerous drug as defined in chapter 453 of NRS;

      2.  Fraud or deception in:

      (a) Applying for a license or certificate;

      (b) Taking an examination for a license or certificate;

      (c) Documenting the continuing education required to renew or reinstate a license or certificate;

      (d) Submitting a claim for payment to an insurer; or

      (e) The practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      3.  Allowing the unauthorized use of a license or certificate issued pursuant to this chapter;

      4.  Professional incompetence;

      5.  The habitual use of alcohol or any other drug that impairs the ability of a licensed or certified counselor or certified intern to engage in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      6.  Engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers with an expired, suspended or revoked license or certificate; [and]

      7.  Engaging in behavior that is contrary to the ethical standards as set forth in the regulations of the Board [.] ; and

      8.  The operation of a medical facility, as defined in NRS 449.0151, at any time during which:

 


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ê2009 Statutes of Nevada, Page 904 (Chapter 227, SB 362)ê

 

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      Sec. 45.  NRS 641C.720 is hereby amended to read as follows:

      641C.720  1.  The Board or any of its members who become aware of any ground for initiating disciplinary action against a person engaging in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the Board. The complaint must specifically charge one or more of the grounds for initiating disciplinary action.

      2.  If, after notice and a hearing as required by law, the Board determines that a licensed or certified counselor or certified intern has violated a provision of this chapter or any regulation adopted pursuant to this chapter, it may:

      (a) Administer a public reprimand;

      (b) Suspend his license or certificate and impose conditions for the removal of the suspension;

      (c) Revoke his license or certificate and prescribe the requirements for the reinstatement of the license or certificate;

      (d) If he is a licensed or certified counselor, require him to be supervised by another person while he engages in the practice of counseling alcohol and drug abusers or the clinical practice of counseling alcohol and drug abusers;

      (e) Require him to participate in treatment or counseling and pay the expenses of that treatment or counseling;

      (f) Require him to pay restitution to any person adversely affected by his acts or omissions;

      (g) Impose a fine of not more than $5,000; or

      (h) Take any combination of the actions authorized by paragraphs (a) to (g), inclusive.

      3.  If his license or certificate is revoked or suspended pursuant to subsection 2, the licensed or certified counselor or certified intern may apply to the Board for reinstatement of the suspended license or certificate or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of his revoked license or certificate. The Board may accept or reject the application and may require the successful completion of an examination as a condition of reinstatement of the license or certificate.

      4.  The Board shall not administer a private reprimand.

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

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

________

 


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ê2009 Statutes of Nevada, Page 905ê

 

CHAPTER 228, SB 377

Senate Bill No. 377–Committee on Government Affairs

 

CHAPTER 228

 

AN ACT relating to public works; revising provisions governing the awarding of certain smaller contracts of the Department of Transportation; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Transportation to advertise and mail bid invitations to interested bidders on contracts for highway projects with an estimated cost of $250,000 or less. (NRS 408.367) This bill changes those requirements to provide that the Director must: (1) if the project is $50,000 or less, solicit a bid from at least one licensed contractor; or (2) if the project is more than $50,000 but not more than $250,000, solicit bids from at least three licensed contractors. This bill also requires that any such bids received may be rejected based on certain criteria and requires the Director to prepare and maintain a quarterly report that details the larger contracts that were awarded. The requirements in this bill mirror the requirements from which the Department is exempt but which are imposed on the State and local governments for awarding contracts for public works with an estimated cost of $100,000 or less. (NRS 338.1373, 338.13862)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-7.  (Deleted by amendment.)

      Sec. 8.  NRS 408.367 is hereby amended to read as follows:

      408.367  1.  With the approval of the Board, the Director may receive informal bids and award contracts for highway construction, reconstruction, improvements, and maintenance on projects estimated to cost not in excess of $250,000.

      2.  [Such informal bids must be submitted in accordance with due advertisement thereof being published for at least one publication in any newspaper or publication.

      3.  The Department shall mail a copy of the bid invitation to all bidders who are on record with the Department as desiring to receive bid invitations on projects estimated to cost not in excess of $250,000.

      4.]  Before awarding a contract pursuant to subsection 1, the Director must:

      (a) If the estimated cost of the project is $50,000 or less, solicit a bid from at least one properly licensed contractor; and

      (b) If the estimated cost of the project is more than $50,000 but not more than $250,000, solicit bids from at least three properly licensed contractors.

      3.  Any bids received in response to a solicitation for bids made pursuant to subsection 2 may be rejected if the Director determines that:

      (a) The quality of the services, materials, equipment or labor offered does not conform to the approved plan or specifications;

 


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ê2009 Statutes of Nevada, Page 906 (Chapter 228, SB 377)ê

 

      (b) The bidder is not responsive or responsible; or

      (c) The public interest would be served by such a rejection.

      4.  At least once each quarter, the Director shall prepare a report detailing, for each project for which a contract for its completion is awarded pursuant to paragraph (b) of subsection 2, if any:

      (a) The name of the contractor to whom the contract was awarded;

      (b) The amount of the contract awarded;

      (c) A brief description of the project; and

      (d) The names of all contractors from whom bids were solicited.

      5.  A report prepared pursuant to subsection 4 is a public record and must be maintained on file at the principal offices of the Department.

      6.  Except as otherwise provided in NRS 408.354, contracts awarded pursuant to the provisions of this section must be accompanied by bonds and conditioned and executed in the name of the State of Nevada, and must be signed by the Director under the seal of the Department, and by the contracting party or parties. The form and legality of those contracts must be approved by the Attorney General or Chief Counsel of the Department.

      Sec. 9.  This act becomes effective on July 1, 2009.

________

 

CHAPTER 229, AB 13

Assembly Bill No. 13–Committee on Ways and Means

 

CHAPTER 229

 

AN ACT relating to education; authorizing the board of trustees of a school district to request a waiver from the required minimum expenditure for textbooks, instructional supplies and instructional hardware during an economic hardship; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Department of Education to develop a formula for determining the minimum amount of money that each school district is required to expend each fiscal year for textbooks, instructional supplies and instructional hardware. (NRS 387.206) Section 1 of this bill authorizes a school district to request a waiver from all or a portion of the minimum expenditure requirements when a school district experiences an economic hardship. A request for a waiver must be reviewed by the Department of Education and the State Board of Examiners. The Interim Finance Committee makes the final determination regarding whether to grant a waiver. A school district that is granted a waiver is prohibited from using the money for collective bargaining with its licensed employees or for an adjustment of salaries and benefits of district employees.

 


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ê2009 Statutes of Nevada, Page 907 (Chapter 229, AB 13)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 387 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of trustees of a school district that experiences an economic hardship may submit a written request to the Department on a form prescribed by the Department for a waiver of all or a portion of the amount of money the school district is required to expend for textbooks, instructional supplies and instructional hardware pursuant to NRS 387.206 for the fiscal year.

      2.  Upon receipt of a written request pursuant to subsection 1, the Department shall consider the request and determine whether an economic hardship exists for the school district. The Department may request additional information from the school district in making the determination. If the Department determines that an economic hardship exists for the school district, the Department shall forward the request to the Interim Finance Committee and the State Board of Examiners, including the basis for its determination and any recommendations of the Department for the amount of a waiver.

      3.  Upon receipt of a written request from the Department pursuant to subsection 2, the State Board of Examiners shall consider the request and determine whether an economic hardship exists for the school district. If the State Board of Examiners determines that an economic hardship exists, it shall determine whether the hardship justifies a waiver of all or a portion of the expenditure requirements established for that school district for the fiscal year pursuant to NRS 387.206. The State Board of Examiners may request additional information from the school district in making the determination. If the State Board of Examiners determines that an economic hardship exists for the school district and that a waiver from all or a portion of the expenditure requirements is justified, the State Board of Examiners shall forward the request to the Interim Finance Committee, including the basis for its determination and its recommendation for the amount of the waiver. The Interim Finance Committee is not bound to follow the recommendations of the State Board of Examiners.

      4.  Upon receipt of a written request from the State Board of Examiners pursuant to subsection 3, the Interim Finance Committee shall consider the request and determine whether an economic hardship exists for the school district. If the Interim Finance Committee determines that an economic hardship exists, it shall determine whether the hardship justifies a waiver of all or a portion of the expenditure requirements established for that school district for the fiscal year pursuant to NRS 387.206. The Interim Finance Committee may request additional information from the school district in making the determination. If the Interim Finance Committee grants a waiver, the Committee shall by resolution set forth the:

      (a) Grounds for its determination;

      (b) Amount of the waiver; and

      (c) Period for which the waiver is effective.

 


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ê2009 Statutes of Nevada, Page 908 (Chapter 229, AB 13)ê

 

      5.  The board of trustees of a school district that is granted a waiver by the Interim Finance Committee pursuant to this section shall, upon expiration of the period for which the waiver is granted, provide a written accounting to the Interim Finance Committee and the Department that includes a:

      (a) Reconciliation of the revenue and expenditures with the projections of revenue and expenditures that were used to determine whether an economic hardship existed for the school district; and

      (b) Description of how the money from the waiver was used.

      6.  If the Interim Finance Committee grants a waiver pursuant to this section and subsequently the economic hardship to the school district is mitigated because the actual revenue attributable to the school district exceeds projections or the actual expenses incurred by the school district are less than anticipated:

      (a) The amount of the waiver must be reduced accordingly by the school district; and

      (b) The amount of money the school district is required to expend for textbooks, instructional supplies and instructional hardware in the next fiscal year, as determined pursuant to subsection 1 of NRS 387.206, must be adjusted accordingly.

      7.  If a school district is granted a waiver pursuant to this section, the money that would have otherwise been expended by the school district to meet the requirements of NRS 387.206 for the fiscal year:

      (a) May not be considered as financial ability to pay for the purposes of negotiation or arbitration regarding salaries and benefits.

      (b) Must not be used to settle or arbitrate disputes or negotiate settlements between an organization that represents licensed employees of the school district and the school district.

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

      8.  For purposes of this section, an economic hardship exists for a school district if:

      (a) Projections of revenue do not meet or exceed the revenue anticipated at the time the basic support guarantees are established for the fiscal year pursuant to NRS 387.122; or

      (b) The school district incurs unforeseen expenses, including, without limitation, expenses related to a natural disaster.

      Sec. 2.  NRS 387.206 is hereby amended to read as follows:

      387.206  1.  On or before July 1 of each year, the Department, in consultation with the Budget Division of the Department of Administration and the Fiscal Analysis Division of the Legislative Counsel Bureau, shall develop or revise, as applicable, a formula for determining the minimum amount of money that each school district is required to expend each fiscal year for textbooks, instructional supplies and instructional hardware. The formula must be used only to develop expenditure requirements and must not be used to alter the distribution of money for basic support to school districts.

      2.  Upon approval of the formula pursuant to subsection 1, the Department shall provide written notice to each school district within the first 30 days of each fiscal year that sets forth the required minimum combined amount of money that the school district must expend for textbooks, instructional supplies and instructional hardware for that fiscal year.

 


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ê2009 Statutes of Nevada, Page 909 (Chapter 229, AB 13)ê

 

textbooks, instructional supplies and instructional hardware for that fiscal year. If a school district is granted a waiver pursuant to section 1 of this act, the Department shall provide written notice to the school district within 30 days after the Interim Finance Committee grants the waiver setting forth the revised amount of money that the school district must expend for textbooks, instructional supplies and instructional hardware for the fiscal year.

      3.  On or before January 1 of each year, the Department shall determine whether each school district has expended, during the immediately preceding fiscal year, the required minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 2. In making this determination, the Department shall use the report submitted by the school district pursuant to NRS 387.303.

      4.  Except as otherwise provided in subsection 5, if the Department determines that a school district has not expended the required minimum amount of money set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 2, a reduction must be made from the basic support allocation otherwise payable to that school district in an amount that is equal to the difference between the actual combined expenditure for textbooks, instructional supplies and instructional hardware and the minimum required combined expenditure set forth in the notice or the revised notice, as applicable, provided pursuant to subsection 2. A reduction in the amount of the basic support allocation pursuant to this subsection:

      (a) Does not reduce the amount that the school district is required to expend on textbooks, instructional supplies and instructional hardware in the current fiscal year; and

      (b) Must not exceed the amount of basic support that was provided to the school district for the fiscal year in which the minimum expenditure amount was not satisfied.

      5.  If the actual enrollment of pupils in a school district is less than the enrollment included in the projections used in the school district’s biennial budget submitted pursuant to NRS 387.303, the required expenditure for textbooks, instructional supplies and instructional hardware pursuant to this section must be reduced proportionately.

      Sec. 3.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 910ê

 

CHAPTER 230, AB 16

Assembly Bill No. 16–Committee on Commerce and Labor

 

CHAPTER 230

 

AN ACT relating to emergency medical services; providing for the disclosure of certain information to an emergency response employee concerning possible exposure to an infectious disease; requiring certain notifications concerning such an exposure; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 6 of this bill requires each employer of emergency response employees in this State to designate at least one employee to serve as a designated officer to act on behalf of its emergency response employees with regard to their possible exposure to infectious diseases.

      Section 7 of this bill requires a medical facility or, in certain circumstances, the county coroner or medical examiner, as applicable, to notify a designated officer of an emergency response employee who transported a victim of an emergency who the medical facility, county coroner or medical examiner determines has an infectious disease. Section 8 of this bill authorizes an emergency response employee to request that his designated officer make an initial determination of the employee’s possible exposure to an infectious disease. Section 9 of this bill requires a medical facility, county coroner or medical examiner to respond to a request from a designated officer of an emergency response employee regarding whether the employee may have been exposed to an infectious disease once the medical facility, county coroner or medical examiner makes such a determination. Section 10 of this bill provides that if information was insufficient for a medical facility, county coroner or medical examiner to determine whether an emergency response employee was exposed to an infectious disease, the health officer in whose jurisdiction the medical facility, county coroner or medical examiner is located shall evaluate the request and the response of the medical facility, county coroner or medical examiner. Section 11 of this bill requires a designated officer to notify each emergency response employee who responded to an emergency and may have been exposed to an infectious disease of the determination of the medical facility, county coroner or medical examiner. Section 12 of this bill provides limitations on the liability of a medical facility, county coroner, medical examiner or designated officer and clarifies that the provisions of this bill do not authorize an emergency response employee to fail to respond or deny services to a victim of an emergency. Section 12 further provides that this bill does not authorize or require a medical facility, county coroner or medical examiner to test any victim of an emergency for the presence of an infectious disease and does not authorize or require certain persons to disclose the identity of such a victim or an emergency response employee.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  “Designated officer” means a person designated by an employer to serve as a designated officer for its emergency response employees pursuant to section 6 of this act.

 


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ê2009 Statutes of Nevada, Page 911 (Chapter 230, AB 16)ê

 

      Sec. 3.  “Emergency response employee” means a firefighter, attendant, volunteer attendant, emergency medical technician, intermediate emergency medical technician, advanced emergency medical technician, law enforcement officer, correctional officer, other peace officer or person who is employed by an agency of criminal justice, county coroner or medical examiner or any of their employees, any other public employee whose duties may require him to come into contact with human blood or bodily fluids or any other person who, in the course of his professional duties, responds to emergencies in this State.

      Sec. 4.  “Exposed” or “exposure” means any circumstances which create a significant risk of a person becoming infected with an infectious disease.

      Sec. 5.  “Infectious disease” means a disease caused by a living organism or other pathogen, including, without limitation, a fungus, bacillus, parasite, protozoan or virus.

      Sec. 6.  Each employer of emergency response employees in this State shall designate at least one employee to serve as a designated officer to receive notifications and responses and make requests on behalf of its emergency response employees pursuant to sections 6 to 12, inclusive, of this act.

      Sec. 7.  1.  Except as otherwise provided in NRS 441A.195, if a victim of an emergency is transported by emergency response employees to a medical facility and the medical facility determines that the victim has an infectious disease, the medical facility shall notify a designated officer of the emergency response employees of that determination.

      2.  If a victim of an emergency is transported by emergency response employees to a medical facility, the victim dies at or before reaching the medical facility and the county coroner or medical examiner of the county in which the victim dies, as applicable, determines the cause of death of the victim, the county coroner or medical examiner shall notify a designated officer of the emergency response employees of any determination by the county coroner or medical examiner that the victim had an infectious disease.

      3.  The medical facility to which the victim is transported or the county coroner or medical examiner of the county in which the victim dies, as applicable, shall cause the notification required by subsection 1 or 2, as appropriate, to be made as soon as practicable, but not later than 48 hours after the determination is made.

      4.  The notification must include, without limitation:

      (a) The name of the infectious disease to which the emergency response employees may have been exposed; and

      (b) The date on which the victim of the emergency was transported by the emergency response employees to the medical facility.

      Sec. 8.  1.  Except as otherwise provided in NRS 441A.195, if an emergency response employee believes that he may have been exposed to an infectious disease by a victim of an emergency who was transported, attended, treated or assisted by the emergency response employee, a designated officer of the employee shall, upon the request of the employee, make an initial determination of the possible exposure of the employee to an infectious disease by:

 


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ê2009 Statutes of Nevada, Page 912 (Chapter 230, AB 16)ê

 

      (a) Collecting the facts relating to the circumstances under which the employee may have been exposed to an infectious disease; and

      (b) Evaluating the facts to determine whether the victim had an infectious disease and whether the employee may have been exposed to the disease.

      2.  If a designated officer determines that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which the victim was transported or the county coroner or medical examiner of the county in which the victim died, as applicable, a written request for a response.

      Sec. 9.  1.  If a medical facility, county coroner or medical examiner, as applicable, receives a written request for a response pursuant to subsection 2 of section 8 of this act, the medical facility, county coroner or medical examiner shall, as soon as practicable but not later than 48 hours after receiving the request, evaluate the facts submitted in the request and determine whether the emergency response employee was exposed to an infectious disease.

      2.  If the medical facility, county coroner or medical examiner, as applicable, determines that the emergency response employee may have been exposed or was not exposed to an infectious disease or that insufficient information exists for a determination to be made, the medical facility, county coroner or medical examiner shall notify, in writing, the designated officer who submitted the request.

      Sec. 10.  1.  If a designated officer receives a notice from a medical facility, county coroner or medical examiner, as applicable, pursuant to subsection 2 of section 9 of this act that insufficient information exists for the medical facility, county coroner or medical examiner to make a determination of whether an emergency response employee was exposed to an infectious disease, the designated officer may submit a request for further evaluation to the health officer in whose jurisdiction the medical facility, county coroner or medical examiner is located. A request submitted pursuant to this subsection must include the original request for a written response submitted by the designated officer pursuant to subsection 2 of section 8 of this act.

      2.  If a health officer receives a request for further evaluation pursuant to subsection 1, the health officer shall evaluate the request and the request for a written response submitted by the designated officer pursuant to subsection 2 of section 8 of this act. An evaluation conducted pursuant to this subsection must be completed as soon as practicable but not later than 48 hours after the request for further evaluation is received.

      3.  If an evaluation conducted pursuant to subsection 2 indicates that the facts provided to the medical facility, county coroner or medical examiner, as applicable, were:

      (a) Sufficient to determine that an emergency response employee was exposed to an infectious disease, the health officer shall, on behalf of the designated officer, resubmit the request to the medical facility, county coroner or medical examiner; or

      (b) Insufficient to determine that an emergency response employee was exposed to an infectious disease, the health officer shall advise the designated officer in writing regarding the collection and description of additional facts for further evaluation by the medical facility, county coroner or medical examiner pursuant to section 9 of this act.

 


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ê2009 Statutes of Nevada, Page 913 (Chapter 230, AB 16)ê

 

      Sec. 11.  1.  If a designated officer receives a notice from a medical facility, county coroner or medical examiner, as applicable, pursuant to section 9 of this act that an emergency response employee may have been exposed to an infectious disease, the designated officer shall, as soon as is practicable after receiving the notice, notify each emergency response employee who responded to the emergency and may have been exposed to an infectious disease.

      2.  The notification must include, without limitation:

      (a) A statement indicating that the emergency response employee may have been exposed to an infectious disease;

      (b) The name of the infectious disease;

      (c) The date on which the victim of the emergency was transported by the emergency response employee to the medical facility; and

      (d) Any action that is medically appropriate for the emergency response employee to take.

      Sec. 12.  The provisions of sections 6 to 12, inclusive, of this act must not be construed to:

      1.  Authorize any cause of action for damages or any civil penalty against a medical facility, county coroner, medical examiner or designated officer that fails to comply with any requirement of those provisions.

      2.  Require or authorize a medical facility, county coroner or medical examiner to test a victim of an emergency for the presence of an infectious disease.

      3.  Require or authorize a medical facility, county coroner, medical examiner, designated officer or emergency response employee to disclose the identity of or identifying information about a victim of an emergency or an emergency response employee.

      4.  Authorize an emergency response employee to fail to respond or deny services to a victim of an emergency.

      Sec. 13.  NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and sections 2 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 14.  This act becomes effective on July 1, 2009.

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ê2009 Statutes of Nevada, Page 914ê

 

CHAPTER 231, AB 26

Assembly Bill No. 26–Committee on Education

 

CHAPTER 231

 

AN ACT relating to charter schools; revising the deadline for submission of an application for renewal of a written charter; revising provisions governing the exemption from annual performance audits for certain charter schools; revising certain annual reports concerning the progress made by charter schools; and providing other matters properly relating thereto.

 

[Approved: May 26, 2009]

 

Legislative Counsel’s Digest:

      Section 1 of this bill changes the deadline by which a charter school must submit an application for renewal of the written charter from 90 days to 120 days before the expiration of the charter. (NRS 386.530)

      A charter school that meets certain requirements, including certain financial and performance standards, is eligible for an exemption from the requirement of an annual performance audit and must instead undergo a performance audit every 3 years. (NRS 386.5515) Section 2 of this bill provides that if such a charter school no longer satisfies the requirements for an exemption or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists, the charter school will be required to submit to an annual performance audit. After undergoing the annual performance audit, the charter school may reapply for the exemption.

      Existing law requires the board of trustees of a school district and a college or university within the Nevada System of Higher Education which sponsors a charter school to submit an annual report to the State Board of Education on the evaluation of the progress made by the charter school in achieving its educational goals and objectives. (NRS 386.610) Section 3 of this bill requires an annual report to be made by the Department of Education for each charter school sponsored by the State Board.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 386.530 is hereby amended to read as follows:

      386.530  1.  Except as otherwise provided in subsection 2, an application for renewal of a written charter may be submitted to the sponsor of the charter school not less than [90] 120 days before the expiration of the charter. The application must include the information prescribed by the regulations of the Department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the Department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in NRS 386.535. The sponsor shall provide written notice of its determination not fewer than 30 days before the expiration of the charter. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

 


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ê2009 Statutes of Nevada, Page 915 (Chapter 231, AB 26)ê

 

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

Ê If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.

      2.  A charter school may submit an application for renewal of its initial charter after 3 years of operation of the charter school. The application must include the information prescribed by the regulations of the Department. The sponsor shall conduct an intensive review and evaluation of the charter school in accordance with the regulations of the Department. The sponsor shall renew the charter unless it finds the existence of any ground for revocation set forth in NRS 386.535. The sponsor shall provide written notice of its determination. If the sponsor intends not to renew the charter, the written notice must:

      (a) Include a statement of the deficiencies or reasons upon which the action of the sponsor is based; and

      (b) Prescribe a period of not less than 30 days during which the charter school may correct any such deficiencies.

Ê If the charter school corrects the deficiencies to the satisfaction of the sponsor within the time prescribed in paragraph (b), the sponsor shall renew the charter of the charter school.

      Sec. 2.  NRS 386.5515 is hereby amended to read as follows:

      386.5515  1.  To the extent money is available from legislative appropriation or otherwise, a charter school may apply to the Department for money for facilities if:

      (a) The charter school has been operating in this State for at least 5 consecutive years and is in good financial standing;

      (b) Each financial audit and each performance audit of the charter school required by the Department contains no major notations, corrections or errors concerning the charter school for at least 5 consecutive years;

      (c) The charter school has met or exceeded adequate yearly progress as determined pursuant to NRS 385.3613 or has demonstrated improvement in the achievement of pupils enrolled in the charter school, as indicated by annual measurable objectives determined by the State Board, for the majority of the years of its operation;

      (d) The charter school offers instruction on a daily basis during the school week of the charter school on the campus of the charter school; and

      (e) At least 75 percent of the pupils enrolled in the charter school who are required to take the high school proficiency examination have passed that examination, if the charter school enrolls pupils at a high school grade level.

      2.  A charter school that satisfies the requirements of subsection 1 shall submit to a performance audit as required by the Department one time every 3 years. The sponsor of the charter school and the Department shall not request a performance audit of the charter school more frequently than every 3 years without [showing good cause for such a request.] reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school based upon the annual report submitted to the State Board pursuant to NRS 386.610. If the charter school no longer satisfies the requirements of subsection 1 or if reasonable evidence of noncompliance in achieving the educational goals and objectives of the charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit.

 


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ê2009 Statutes of Nevada, Page 916 (Chapter 231, AB 26)ê

 

charter school exists based upon the annual report, the charter school shall, upon written notice from the sponsor, submit to an annual performance audit. Notwithstanding the provisions of paragraph (b) of subsection 1, such a charter school:

      (a) May, after undergoing the annual performance audit, reapply to the sponsor to determine whether the charter school satisfies the requirements of paragraphs (a), (c), (d) and (e) of subsection 1.

      (b) Is not eligible for any available money pursuant to subsection 1 until the sponsor determines that the charter school satisfies the requirements of that subsection.

      3.  A charter school that does not satisfy the requirements of subsection 1 shall submit a quarterly report of the financial status of the charter school if requested by the sponsor of the charter school.

      Sec. 3.  NRS 386.610 is hereby amended to read as follows:

      386.610  1.  On or before August 15 of each year, if the State Board, the board of trustees of a school district or a college or university within the Nevada System of Higher Education sponsors a charter school, the Department, the board of trustees or the institution, as applicable, shall submit a written report to the State Board. The written report must include:

      (a) An evaluation of the progress of each charter school sponsored by the State Board, the board of trustees or the institution, as applicable, in achieving its educational goals and objectives.

      (b) A description of all administrative support and services provided by the Department, the school district or the institution, as applicable, to the charter school.

      2.  The governing body of a charter school shall, after 3 years of operation under its initial charter, submit a written report to the sponsor of the charter school. The written report must include a description of the progress of the charter school in achieving its educational goals and objectives. If the charter school submits an application for renewal in accordance with the regulations of the Department, the sponsor may renew the written charter of the school pursuant to subsection 2 of NRS 386.530.

      Sec. 4.  This act becomes effective on July 1, 2009.

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