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ê2009 Statutes of Nevada, Page 2365ê

 

CHAPTER 427, SB 430

Senate Bill No. 430–Committee on Finance

 

CHAPTER 427

 

AN ACT relating to state financial administration; transferring certain amounts of money from the Trust Fund for Public Health and the Fund for a Healthy Nevada to the State General Fund; indicating for money transferred from the Fund for a Healthy Nevada the amounts transferred from each particular program to which the money had been allocated for expenditure; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      During the interim between the 74th and 75th regular sessions of the Nevada Legislature and during the 24th and 25th Special Sessions of the Nevada Legislature, various actions were taken to address declining revenues for the State of Nevada and increasing budget deficits. These actions included reserving amounts in the Trust Fund for Public Health (NRS 439.605) and the Fund for a Healthy Nevada (NRS 439.620) for transfer to the State General Fund to offset a portion of the revenue shortfall. This bill transfers the amounts identified for this purpose and, for money transferred from the Fund for a Healthy Nevada, indicates the amounts transferred from each particular program to which the money had been allocated for expenditure.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  1.  There is hereby transferred from the Trust Fund for Public Health created pursuant to NRS 439.605 to the State General Fund the sum of $36,827,466.

      2.  There is hereby transferred from the receipts of the Trust Fund for Public Health for the Fiscal Year 2008-2009 to the State General Fund the sum of $4,400,000.

      3.  There is hereby transferred from the Fund for a Healthy Nevada created pursuant to NRS 439.620 to the State General Fund the sum of $14,751,530, to be transferred from the following sources:

      (a) From money that had been allocated for expenditure pursuant to paragraph (c) of subsection 1 of NRS 439.630, the sum of $13,900,000.

      (b) From money that had been allocated for expenditure pursuant to paragraph (f) of subsection 1 of NRS 439.630, the sum of $364,942.

      (c) From money that had been allocated for expenditure pursuant to paragraph (g) of subsection 1 of NRS 439.630, the sum of $243,294.

      (d) From money that had been allocated for expenditure pursuant to paragraph (h) of subsection 1 of NRS 439.630, the sum of $243,294.

      4.  There is hereby transferred from the receipts of the Fund for a Healthy Nevada for the Fiscal Year 2008-2009 to the State General Fund the sum of $4,200,000, to be transferred from the following sources:

      (a) From money that had been allocated for expenditure pursuant to paragraph (d) of subsection 1 of NRS 439.630, the sum of $1,938,461.

      (b) From money that had been allocated for expenditure pursuant to paragraph (f) of subsection 1 of NRS 439.630, the sum of $969,231.

 


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      (c) From money that had been allocated for expenditure pursuant to paragraph (g) of subsection 1 of NRS 439.630, the sum of $646,154.

      (d) From money that had been allocated for expenditure pursuant to paragraph (h) of subsection 1 of NRS 439.630, the sum of $646,154.

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

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CHAPTER 428, SB 434

Senate Bill No. 434–Committee on Finance

 

CHAPTER 428

 

AN ACT relating to State Government; combining the Office of Disability Services of the Department of Health and Human Services and other disability programs with the Aging Services Division of the Department; renaming the Aging Services Division as the Aging and Disability Services Division; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, the Office of Disability Services is an office within the Department of Health and Human Services, with responsibilities over various programs and services that benefit persons with disabilities. (NRS 426.205-426.345, 426A.070, chapter 656A of NRS) Section 1 of this bill changes the name of the Aging Services Division of the Department to the Aging and Disability Services Division, and section 2 of this bill moves the Office of Disability Services into the Division. (NRS 232.300, 232.320) Sections 10-51 and 63 of this bill transfer the administration of various programs and services for persons with disabilities to the Division, and sections 52-58 of this bill transfer the administration of various programs relating to persons with traumatic brain injuries to the Division. Sections 70-85 of this bill transfer certain responsibilities regarding interpreters and realtime captioning providers from the Office to the Division.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 232.300 is hereby amended to read as follows:

      232.300  1.  The Department of Health and Human Services is hereby created.

      2.  The Department consists of a Director and the following divisions:

      (a) Aging and Disability Services Division.

      (b) Health Division.

      (c) Division of Mental Health and Developmental Services.

      (d) Division of Welfare and Supportive Services.

      (e) Division of Child and Family Services.

      (f) Division of Health Care Financing and Policy.

      3.  The Department is the sole agency responsible for administering the provisions of law relating to its respective divisions.

      Sec. 2.  NRS 232.320 is hereby amended to read as follows:

      232.320  1.  Except as otherwise provided in subsection 3, the Director:

 


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      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

            (1) The Administrator of the Aging and Disability Services Division;

            (2) The Administrator of the Health Division;

            (3) The Administrator of the Division of Welfare and Supportive Services;

            (4) The Administrator of the Division of Child and Family Services; and

            (5) The Administrator of the Division of Health Care Financing and Policy.

      (b) Shall administer, through the divisions of the Department , [and the Office of Disability Services,] the provisions of chapters 63, 424, 425, [426A,] 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, [426.205 to 426.345, inclusive,] 432.010 to 432.133, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department , [and the Office of Disability Services,] but is not responsible for the clinical activities of the Health Division or the professional line activities of the other divisions . [or the Office of Disability Services.]

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

            (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

            (2) Set forth priorities for the provision of those services;

            (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

            (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

            (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

            (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      [(d)] (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information to him regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which he deems necessary for his performance of the duties imposed upon him pursuant to this section.

      [(e)] (f) Has such other powers and duties as are provided by law.

 


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      2.  Notwithstanding any other provision of law, the Director, or his designee, is responsible for appointing and removing subordinate officers and employees of the Department, other than:

      (a) The Administrator of the Division of Mental Health and Developmental Services who is appointed pursuant to subsection 3;

      (b) The Executive Director of the Nevada Indian Commission who is appointed pursuant to NRS 233A.055; and

      (c) The State Public Defender of the Office of State Public Defender who is appointed pursuant to NRS 180.010.

      3.  The Governor shall appoint the Administrator of the Division of Mental Health and Developmental Services.

      Sec. 3.  NRS 232.920 is hereby amended to read as follows:

      232.920  The Director:

      1.  Shall:

      (a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;

      (b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities; and

      (c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.

      2.  Is responsible for the administration, through the divisions of the Department, of the provisions of NRS [426.005] 426.010 to 426.720, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.

      3.  May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.

      Sec. 4.  NRS 50.050 is hereby amended to read as follows:

      50.050  1.  As used in NRS 50.050 to 50.053, inclusive, unless the context requires otherwise:

      (a) “Interpreter” means a:

            (1) Registered interpreter;

            (2) Registered legal interpreter; or

            (3) Person who is appointed as an interpreter pursuant to subsection 2 of NRS 50.0515.

      (b) “Person with a communications disability” means a person who, because he is deaf or has a physical speaking impairment, cannot readily understand or communicate in the English language or cannot understand the proceedings.

      (c) “Registered interpreter” means a person registered with the [Office of] Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting.

      (d) “Registered legal interpreter” means a person registered with the [Office of] Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in a legal setting.

 


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Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in a legal setting.

      2.  In all judicial proceedings in which a person with a communications disability appears as a witness, the court, magistrate or other person presiding over the proceedings shall appoint an interpreter to interpret the proceedings to that person and to interpret the testimony of that person to the court, magistrate or other person presiding.

      3.  The court, magistrate or other person presiding over the proceedings shall fix a reasonable compensation for the services and expenses of the interpreter appointed pursuant to this section. If the judicial proceeding is civil in nature, the compensation of the interpreter may be taxed as costs and must not be charged as a public expense.

      4.  Claims against a county, municipality, this State or any agency thereof for the compensation of an interpreter in a criminal proceeding or other proceeding for which an interpreter must be provided at public expense must be paid in the same manner as other claims against the respective entities are paid. Payment may be made only upon the certificate of the judge, magistrate or other person presiding over the proceedings that the interpreter has performed the services required and incurred the expenses claimed.

      Sec. 5.  NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records and Technology Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

            (1) Records of criminal history; and

            (2) The genetic markers of a biological specimen of a person who is convicted of an offense listed in subsection 4 of NRS 176.0913.

 


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      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with federal and state repositories to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints the Central Repository submits to the Federal Bureau of Investigation and:

            (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

            (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

            (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

            (4) For whom such information is required to be obtained pursuant to NRS [426.335 and] 449.179 [;] and section 46 of this act; or

            (5) About whom any agency of the State of Nevada or any political subdivision thereof has a legitimate need to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

Ê To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to this subsection, the Central Repository must receive the person’s complete set of fingerprints from the agency or political subdivision and submit the fingerprints to the Federal Bureau of Investigation for its report.

      6.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

            (1) Has applied to the Superintendent of Public Instruction for a license;

            (2) Has applied to a county school district, charter school or private school for employment; or

            (3) Is employed by a county school district, charter school or private school,

 


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Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

            (1) Investigated pursuant to paragraph (d); or

            (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits fingerprints or has his fingerprints submitted pursuant to NRS [426.335,] 449.176 , [or] 449.179 [.] or section 46 of this act.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2, and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      7.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

 


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      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      8.  As used in this section:

      (a) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

            (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

            (2) The fingerprints, voiceprint, retina image and iris image of a person.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 6.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

            (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

            (2) A police department or sheriff’s office;

            (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

            (4) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

 


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ê2009 Statutes of Nevada, Page 2373 (Chapter 428, SB 434)ê

 

licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 426.218.] section 11 of this act.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded to the Aging and Disability Services Division within 90 days after the completion of the report, and a copy of any final report of an investigation must be forwarded to the Unit for the Investigation and Prosecution of Crimes within 90 days after completion of the report.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

 


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county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 7.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the [Office of] Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

            (6) Requiring teachers and other educational personnel to be registered with the [Office of] Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

 


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            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

            (11) If the Commission approves the Passport to Teaching certification from the American Board for Certification of Teacher Excellence as an alternative route to licensure, providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a Passport to Teaching certification from the American Board for Certification of Teacher Excellence;

                  (II) Passes each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; and

                  (III) Agrees to participate in a program of mentoring prescribed by the Commission for the first year of his employment as a teacher with a school district or charter school.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7), (10) or (11) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

 


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      Sec. 8.  NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission:

      (a) Shall adopt regulations:

            (1) Prescribing the qualifications for licensing teachers and other educational personnel, including, without limitation, the qualifications for a license to teach middle school or junior high school education, and the procedures for the issuance and renewal of those licenses.

            (2) Identifying fields of specialization in teaching which require the specialized training of teachers.

            (3) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

            (4) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

            (5) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the [Office of] Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting.

            (6) Requiring teachers and other educational personnel to be registered with the [Office of] Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting if they:

                  (I) Provide instruction or other educational services; and

                  (II) Concurrently engage in the practice of interpreting, as defined in NRS 656A.060.

            (7) Providing for the issuance and renewal of a special qualifications license to an applicant who holds a master’s degree or a doctoral degree from an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and who has:

                  (I) At least 2 years of experience teaching at an accredited degree-granting postsecondary educational institution in a field for which the applicant will provide instruction in a classroom and at least 3 years of experience working in that field; or

                  (II) At least 5 years of experience working in a field for which the applicant will provide instruction in a classroom.

            (8) Requiring an applicant for a special qualifications license to:

                  (I) Pass each examination required by NRS 391.021 for the specific subject or subjects in which the applicant will provide instruction; or

                  (II) Hold a valid license issued by a professional licensing board of any state that is directly related to the subject area of the master’s degree or doctoral degree held by the applicant.

            (9) Setting forth the subject areas that may be taught by a person who holds a special qualifications license, based upon the subject area of the master’s degree or doctoral degree held by that person.

            (10) Providing for the issuance and renewal of a special qualifications license to an applicant who:

                  (I) Holds a graduate degree from an accredited college or university in the field for which he will be providing instruction;

                  (II) Is not licensed to teach public school in another state;

 


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                  (III) Has at least 5 years of experience teaching with satisfactory evaluations at a school that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; and

                  (IV) Submits proof of participation in a program of student teaching or mentoring or agrees to participate in a program of mentoring for the first year of his employment as a teacher with a school district or charter school.

Ê An applicant for licensure pursuant to this subparagraph is exempt from each examination required by NRS 391.021 if the applicant successfully passed the examination in another state.

      (b) May adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      2.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      3.  A person who is licensed pursuant to subparagraph (7) or (10) of paragraph (a) of subsection 1:

      (a) Shall comply with all applicable statutes and regulations.

      (b) Except as otherwise provided by specific statute, is entitled to all benefits, rights and privileges conferred by statutes and regulations on licensed teachers.

      (c) Except as otherwise provided by specific statute, if he is employed as a teacher by the board of trustees of a school district or the governing body of a charter school, is entitled to all benefits, rights and privileges conferred by statutes and regulations on the licensed employees of a school district or charter school, as applicable.

      Sec. 9.  NRS 426.727 is hereby amended to read as follows:

      426.727  “State personal assistance program” means a program established pursuant to NRS 422.396, [426.275 or] 427A.250 [.] or section 26 of this act.

      Sec. 10.  Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 11 to 58, inclusive, of this act.

      Sec. 11.  “Intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to section 29 of this act for a person who has a disability or other responsible person.

      Sec. 12.  1.  The Committee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities is hereby created in the Division. The Committee consists of 11 members appointed by the Administrator. The Administrator shall appoint to the Committee:

      (a) One member who is employed by the Division and who participates in the administration of the program of this State that provides services to persons with communications disabilities which affect their ability to communicate;

 


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      (b) One person who is a member of the Nevada Association of the Deaf;

      (c) One member who is professionally qualified in the field of deafness;

      (d) The Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, a member who represents the telecommunications industry;

      (e) One member who is a consumer of telecommunications relay services;

      (f) One member who is a consumer of Communication Access Realtime Translation or realtime captioning;

      (g) One member who is a consumer of services provided by a person engaged in the practice of interpreting;

      (h) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in a community setting and holds a certificate issued by the Registry of Interpreters for the Deaf, Inc., or its successor organization;

      (i) One nonvoting member who is registered with the Division pursuant to NRS 656A.100 to engage in the practice of interpreting in an educational setting and has completed the Educational Interpreter Performance Assessment administered by the Boys Town National Research Hospital, or its successor organization, and received a rating of his level of proficiency in providing interpreting services at level 4 or 5;

      (j) One nonvoting member who is registered with the Division pursuant to NRS 656A.400 to engage in the practice of realtime captioning; and

      (k) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  If a vacancy occurs during the term of a member, the Administrator shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      4.  The Committee shall:

      (a) At its first meeting and annually thereafter, elect a Chairman from among its voting members; and

      (b) Meet at the call of the Administrator, the Chairman or a majority of its members as is necessary to carry out its responsibilities.

      5.  A majority of the voting members of the Committee constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Committee.

      6.  Members of the Committee serve without compensation, except that each member is entitled, while engaged in the business of the Committee, to the per diem allowance and travel expenses provided for state officers and employees generally.

      7.  A member of the Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable.

 


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out the duties of the Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to make up the time he is absent from work to carry out his duties as a member of the Committee or use annual vacation or compensatory time for the absence.

      8.  The Committee may:

      (a) Make recommendations to the Administrator concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate;

      (b) Recommend to the Administrator any proposed legislation concerning persons with communications disabilities which affect their ability to communicate; and

      (c) Collect information concerning persons with communications disabilities which affect their ability to communicate.

      9.  The Committee shall make recommendations to the Administrator concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      10.  As used in this section:

      (a) “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      (b) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      (c) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

      Sec. 13.  1.  Except as otherwise provided in subsection 2 and notwithstanding any other provision of law:

      (a) A person with a physical disability who, by reason of the physical disability, is unable to write may use a signature stamp to affix his signature to a document or writing any time that a signature is required by law; and

      (b) A person, government, governmental agency and political subdivision of a government must treat each signature affixed by a person described in paragraph (a) through the use of a signature stamp in the same manner as it treats a signature made in writing.

      2.  The provisions of subsection 1 do not apply to a document or writing with respect to which the requirement that the document or writing must be signed is accompanied by an additional qualifying requirement unless each additional qualifying requirement is satisfied.

      3.  The Division shall develop standards regarding signature stamps for persons with physical disabilities who, by reason of their physical disabilities, are unable to write, including, without limitation, standards pertaining to:

      (a) The development of a signature stamp;

      (b) The use of a signature stamp;

      (c) The verification of a signature stamp; and

      (d) Any other aspect of the use or verification of signature stamps that the Division determines to be necessary.

      4.  The Division shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations:

      (a) To carry out the standards developed by the Division pursuant to subsection 3; and

 


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      (b) Concerning the extent to which a person who uses a signature stamp and a person, government, governmental agency and political subdivision of a government which treats a signature stamp as the signature of a person pursuant to this section may incur liability related to the use or treatment of the signature stamp.

      5.  As used in this section, “signature stamp” means a stamp which contains the impression of:

      (a) The actual signature of a person with a physical disability;

      (b) A mark or symbol which is adopted by the person with the physical disability; or

      (c) A signature of the name of a person with a physical disability which is made by another person and which is adopted by the person with the physical disability.

      Sec. 14.  As used in sections 14 to 24, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 15 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 15.  “Advisory Board” means the Interagency Advisory Board on Transition Services created by section 19 of this act.

      Sec. 16.  “Committee” means the Strategic Plan for People with Disabilities Accountability Committee established by the Director of the Department as required by Executive Order of the Office of the Governor and in response to the long-term strategic plan concerning persons with disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705.

      Sec. 17.  “State Rehabilitation Council” means the State Rehabilitation Council established pursuant to 29 U.S.C. §§ 725 et seq.

      Sec. 18.  “Transition services” means a coordinated set of activities which:

      1.  Is designed within a process that is outcome-oriented and which promotes movement of pupils from school to postschool activities, including, without limitation, postsecondary education, vocational training, supported employment, integrated employment, continuing and adult education, adult services, independent living and community participation;

      2.  Is based on the preferences and interests of the pupil, taking into account the pupil’s needs;

      3.  Includes, without limitation:

      (a) Instruction;

      (b) Related services, including, without limitation, vocational and rehabilitative services;

      (c) Community experiences;

      (d) The development of employment objectives and other objectives for living as an adult after the completion of school; and

      (e) If appropriate, the acquisition of daily living skills and functional vocational evaluation; and

      4.  Includes an individual plan for employment for a pupil with a disability who is receiving special education services or other related services, if the individual plan for employment is developed:

      (a) In coordination with the plan for the individualized education prepared by the school district pursuant to NRS 395.020, including, without limitation, the goals, objectives and services identified in the plan; and

 


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      (b) In accordance with the plans, policies, procedures and terms of an interlocal agreement between the school district of the pupil and the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

Ê The term includes special education if provided as specially designed instruction or related services and if required to assist a pupil with a disability to benefit from special education.

      Sec. 19.  1.  The Interagency Advisory Board on Transition Services is hereby created in the Division.

      2.  The Advisory Board consists of the following members:

      (a) The Administrator of the Rehabilitation Division of the Department of Employment, Training and Rehabilitation;

      (b) The Superintendent of Public Instruction;

      (c) A representative of the Division of Child and Family Services of the Department, appointed by the Administrator of the Division of Child and Family Services;

      (d) A representative of the Division of Mental Health and Developmental Services of the Department, appointed by the Administrator of the Division of Mental Health and Developmental Services;

      (e) A member of the Committee, appointed by the Governor;

      (f) A member of the Governor’s Workforce Investment Board of the Department of Employment, Training and Rehabilitation, appointed by the Governor;

      (g) A representative of the Nevada Disability Advocacy and Law Center, or its successor organization, appointed by the Governor;

      (h) A representative of the Nevada P.E.P., Inc., or its successor organization, appointed by the Governor;

      (i) A representative of a community-based organization which provides services to persons with physical, cognitive, sensory and mental health disabilities, appointed by the Governor;

      (j) A representative of the Nevada System of Higher Education or an entity which provides postsecondary education, vocational training, supported employment services, integrated employment services or continuing and adult education, appointed by the Governor;

      (k) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is 400,000 or more, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

      (l) A representative of a program of education, including, without limitation, a program of special or vocational education in a school district in a county whose population is 100,000 or more but less than 400,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

      (m) A representative of a program of education, including, without limitation, a program of special or vocational education, in a school district in a county whose population is less than 100,000, appointed by the Governor from a list of persons provided to the Governor by the superintendents of schools in such counties;

      (n) A person with a disability who has transitioned from a secondary school into the workforce, postsecondary education, vocational training, supported employment, integrated employment, continuing or adult education, adult services, independent living or community participation, appointed by the Governor; and

 


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supported employment, integrated employment, continuing or adult education, adult services, independent living or community participation, appointed by the Governor; and

      (o) A parent of a person with a disability who is not younger than 14 years of age or older than 25 years of age, appointed by the Governor.

      3.  Each member of the Advisory Board who is an officer or employee of the State of Nevada or a local government or agency thereof or a representative of a private entity may designate a representative to serve in his place on the Advisory Board or to replace him at a meeting of the Advisory Board if the person designated has the appropriate knowledge and authority to represent the State of Nevada, local government or agency thereof or private entity, as applicable, and has been approved by the appointing authority.

      4.  Each appointing authority of a member of the Advisory Board shall:

      (a) Solicit recommendations for the appointment of members to the Advisory Board from the Committee; and

      (b) Appoint to the Advisory Board persons who represent a broad range of persons with disabilities and entities serving persons with disabilities.

      Sec. 20.  1.  The term of each member is 4 years. A member may be reappointed.

      2.  A vacancy occurring in the membership of the Advisory Board must be filled in the same manner as the original appointment.

      Sec. 21.  1.  The Advisory Board shall:

      (a) At its first meeting and annually thereafter, elect a Chairman and Vice Chairman from among its voting members; and

      (b) Meet throughout each year at the times and places specified by a call of the Chairman or a majority of the members of the Advisory Board.

      2.  The Administrator of the Division or his designee shall act as the nonvoting recording Secretary.

      3.  The Advisory Board shall prescribe regulations for its own management and government.

      4.  A majority of the voting members of the Advisory Board constitutes a quorum for the transaction of business, and a majority of the voting members of a quorum present at any meeting is sufficient for any official action taken by the Advisory Board.

      Sec. 22.  1.  Members of the Advisory Board serve without compensation, except that each member of the Advisory Board is entitled, while engaged in the business of the Advisory Board, to receive the per diem allowance and travel expenses provided for state officers and employees generally. The per diem allowance and travel expenses provided to a member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be paid by the state agency or political subdivision which employs him.

      2.  Each member of the Advisory Board who is an officer or employee of the State of Nevada or a political subdivision of this State must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Advisory Board and perform any work necessary to carry out the duties of the Advisory Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Board to make up the time that he is absent from work to carry out his duties as a member of the Advisory Board or to use annual vacation or compensatory time for the absence.

 


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Advisory Board to make up the time that he is absent from work to carry out his duties as a member of the Advisory Board or to use annual vacation or compensatory time for the absence.

      Sec. 23.  The Advisory Board may:

      1.  Study and comment on issues related to transition services for persons with disabilities in this State, including, without limitation:

      (a) The implementation of recommendations concerning transition services of the Committee and of the State Rehabilitation Council;

      (b) Programs for the provision of transition services to persons with disabilities in this State;

      (c) Methods to enhance such programs and to ensure that persons with disabilities are receiving transition services in the most appropriate settings;

      (d) Federal and state laws concerning transition services for persons with disabilities;

      (e) The availability of useful information and data relating to transition services as needed for the State of Nevada to make decisions effectively, plan budgets and monitor costs and outcomes of transition services provided to persons with disabilities;

      (f) Methods to increase the availability of such information and data;

      (g) Compliance with federal requirements which affect persons who are receiving transition services;

      (h) The extent to which transition services in this State are provided in compliance with:

            (1) The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; and

            (2) The Strategic Plan for People with Disabilities developed by the Department pursuant to paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page 2705; and

      (i) Any other matters that, in the determination of the Advisory Board, affect persons with disabilities who are receiving transition services;

      2.  Hold a statewide annual meeting to gather information and develop recommendations concerning transition services for persons with disabilities; and

      3.  Promote the planning, coordination, delivery and evaluation of transition services offered by the State or a local government or agency thereof or any private entity in this State.

      Sec. 24.  1.  On or before July 1 of each year, the Advisory Board shall submit an annual report concerning the provision of transition services to persons with disabilities in this State to:

      (a) The Governor;

      (b) The Director of the Legislative Counsel Bureau for transmittal to the Legislature;

      (c) The Committee;

      (d) The State Rehabilitation Council;

      (e) The State Board of Education; and

      (f) The Department of Education for transmittal to persons within the Department who are working on issues concerning special education.

      2.  The annual report must include, without limitation:

      (a) A list of the members of the Advisory Board;

      (b) The dates, agendas and minutes of each of the meetings of the Advisory Board;

 


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      (c) Information concerning the activities, findings and recommendations of the Advisory Board;

      (d) A status report concerning transition services from:

            (1) The Committee; and

            (2) The State Rehabilitation Council;

      (e) A summary of the availability and status of transition services in this State and the need for transition services in this State;

      (f) Recommendations for legislation relating to transition services;

      (g) Recommendations to agencies and officers of the Executive Branch of the State Government relating to transition services; and

      (h) Recommendations to providers of community-based services who provide services to persons with disabilities relating to transition services.

      Sec. 25.  As used in sections 25, 26 and 27 of this act, unless the context otherwise requires, “person with a physical disability” means a person with a physical disability that substantially limits his ability to participate and contribute independently in the community in which he lives.

      Sec. 26.  1.  The Division shall establish a program to provide financial assistance to persons with physical disabilities for such essential personal care required pursuant to section 27 of this act as is necessary to enable them to live in a noninstitutional or unsupervised residential setting.

      2.  The Division shall adopt regulations:

      (a) Establishing the procedures for applying for assistance for essential personal care;

      (b) Prescribing the criteria for determining the eligibility of an applicant;

      (c) Prescribing the nature and the amounts of assistance which may be provided and the conditions imposed; and

      (d) Prescribing such other provisions as the Division considers necessary to administer the program.

      3.  The decision of the Division regarding the eligibility of an applicant is a final decision for the purposes of judicial review.

      Sec. 27.  The essential personal care for which the Division may provide assistance to a person with a physical disability pursuant to section 26 of this act must include assisting the person with the physical disability in:

      1.  The elimination of wastes from the body.

      2.  Dressing and undressing.

      3.  Bathing and grooming.

      4.  The preparation and eating of meals.

      5.  Getting in and out of bed.

      6.  Repositioning while asleep.

      7.  The use of prostheses and other medical equipment.

      8.  Moving about.

      Sec. 28.  1.  The Division shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

 


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for telecommunication capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; and

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, with other persons through a dual-party relay system.

Ê The program must be approved by the Public Utilities Commission of Nevada.

      2.  A surcharge is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State which is sufficient to:

      (a) Cover the costs of the program;

      (b) Fund the centers for persons who are deaf or hard of hearing operated by this State; and

      (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

Ê The Commission shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

      3.  The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection 2 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication, including the distribution of devices to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Commission the surcharge imposed by the Commission;

      (d) For the general administration of the program developed and administered pursuant to subsection 1;

      (e) To train persons in the use of the devices;

      (f) To fund the centers for persons who are deaf or hard of hearing operated by this State; and

      (g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

      4.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

 


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      Sec. 29.  1.  An intermediary service organization that is certified pursuant to sections 29 to 51, inclusive, of this act may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:

      (a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;

      (b) Providing payroll services to pay the personal assistant and determine any tax liability;

      (c) Providing services relating to financial management; and

      (d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.

      2.  As used in this section:

      (a) “Other responsible person” means:

            (1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

            (2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.

      (b) “Personal assistance” means the provision of any goods or services to help a person with a disability maintain his independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.

      (c) “Personal assistant” means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help him maintain his independence, personal hygiene and safety.

      Sec. 30.  1.  A person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate therefor as provided in sections 29 to 51, inclusive, of this act.

      2.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 31.  Any person wishing to obtain a certificate pursuant to the provisions of sections 29 to 51, inclusive, of this act must file with the Division an application on a form prescribed, prepared and furnished by the Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The location of the intermediary service organization.

      3.  The name of the person in charge of the intermediary service organization.

      4.  Such other information as may be required by the Division for the proper administration and enforcement of sections 29 to 51, inclusive, of this act.

      5.  Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.

 


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evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which application is made.

      6.  Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of sections 29 to 51, inclusive, of this act and the standards and regulations adopted by the Division.

      Sec. 32.  An application for the issuance of a certificate to operate an intermediary service organization pursuant to section 31 of this act must include the social security number of the applicant.

      Sec. 33.  1.  An applicant for the issuance or renewal of a certificate as an intermediary service organization must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or

      (b) A separate form prescribed by the Division.

      3.  A certificate as an intermediary service organization may not be issued or renewed by the Division if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 34.  Each application for a certificate must be accompanied by such fee as may be determined by regulation of the Division. The Division may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.

      Sec. 35.  1.  The Division shall issue the certificate to the applicant if, after investigation, the Division finds that the:

      (a) Applicant is in full compliance with the provisions of sections 29 to 51, inclusive, of this act; and

      (b) Applicant is in substantial compliance with the standards and regulations adopted by the Division.

      2.  A certificate applies only to the person to whom it is issued and is not transferable.

      Sec. 36.  Each certificate issued by the Division pursuant to sections 29 to 51, inclusive, of this act must be in the form prescribed by the Division and must contain:

 


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      1.  The name of the person or persons authorized to operate the intermediary service organization;

      2.  The location of the intermediary service organization; and

      3.  The services offered by the intermediary service organization.

      Sec. 37.  1.  Each certificate issued pursuant to sections 29 to 51, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to section 34 of this act unless the Division finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of sections 29 to 51, inclusive, of this act or the standards and regulations adopted by the Division.

      2.  Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of sections 46 to 49, inclusive, of this act.

      Sec. 38.  The Division may deny an application for a certificate or may suspend or revoke any certificate issued under the provisions of sections 29 to 51, inclusive, of this act upon any of the following grounds:

      1.  Violation by the applicant or the holder of a certificate of any of the provisions of sections 29 to 51, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      2.  Aiding, abetting or permitting the commission of any illegal act.

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

      4.  Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

      Sec. 39.  1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to operate an intermediary service organization, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a certificate to operate an intermediary service organization that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 40.  1.  The Division may cancel the certificate of an intermediary service organization and issue a provisional certificate, effective for a period determined by the Division, to the intermediary service organization if the intermediary service organization:

      (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of sections 29 to 51, inclusive, of this act and the Division determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

 


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requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

      (b) Has failed to comply with the standards or regulations and the Division determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

      2.  The provisions of subsection 1 do not require the issuance of a certificate or prevent the Division from refusing to renew or from revoking or suspending any certificate if the Division deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.

      Sec. 41.  1.  Money received from the certification of intermediary service organizations:

      (a) Must be forwarded to the State Treasurer for deposit in the State Treasury;

      (b) Must be accounted for separately in the State General Fund; and

      (c) May only be used to carry out the provisions of sections 29 to 51, inclusive, of this act.

      2.  The Division shall enforce the provisions of sections 29 to 51, inclusive, of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 42.  The Division may:

      1.  Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.

      2.  Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 29 to 51, inclusive, of this act.

      Sec. 43.  1.  If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of sections 29 to 51, inclusive, of this act, or any condition, standard or regulation adopted by the Division, the Division, in accordance with the regulations adopted pursuant to section 44 of this act, may, as it deems appropriate:

      (a) Prohibit the intermediary service organization from providing services pursuant to section 29 of this act until it determines that the intermediary service organization has corrected the violation;

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

      (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

 


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

            (2) Improvements are made to correct the violation.

      2.  If the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

      (a) Suspend the certificate of the intermediary service organization until the administrative penalty is paid; and

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

      3.  The Division may require any intermediary service organization that violates any provision of sections 29 to 51, inclusive, of this act, or any condition, standard or regulation adopted by the Division, to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

      Sec. 44.  The Division shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 43 of this act. These regulations must:

      1.  Prescribe the circumstances and manner in which each sanction applies;

      2.  Minimize the time between identification of a violation and the imposition of a sanction;

      3.  Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and

      4.  Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.

      Sec. 45.  1.  When the Division intends to deny, suspend or revoke a certificate or impose any sanction prescribed by section 43 of this act, the Division shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, the Division may order a summary suspension of a certificate or impose any sanction prescribed by section 43 of this act, pending proceedings for revocation or other action.

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

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

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

      Sec. 46.  1.  Except as otherwise provided in subsection 2, within 10 days after hiring an employee or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

 


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      (a) Obtain a written statement from the employee or independent contractor stating whether he has been convicted of any crime listed in subsection 1 of section 49 of this act;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain from the employee or independent contractor two sets of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (d) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (c).

      2.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee or independent contractor who provides proof that an investigation of his criminal history has been conducted by the Central Repository for Nevada Records of Criminal History within the immediately preceding 6 months and the investigation did not indicate that the employee or independent contractor had been convicted of any crime set forth in subsection 1 of section 49 of this act.

      3.  The holder of a certificate to operate an intermediary service organization shall ensure that the criminal history of each employee or independent contractor who works at or for the intermediary service organization is investigated at least once every 5 years. The holder of the certificate shall:

      (a) If the intermediary service organization does not have the fingerprints of the employee or independent contractor on file, obtain two sets of fingerprints from the employee or independent contractor;

      (b) Obtain written authorization from the employee or independent contractor to forward the fingerprints on file or obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History.

      4.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee or independent contractor has been convicted of a crime listed in subsection 1 of section 49 of this act and immediately inform the Division and the holder of a certificate to operate the intermediary service organization for which the person works whether the employee or independent contractor has been convicted of such a crime.

      5.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

 


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      Sec. 47.  Each intermediary service organization shall maintain accurate records of the information concerning its employees and independent contractors collected pursuant to section 46 of this act and shall maintain a copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History and proof that it submitted two sets of fingerprints to the Central Repository for its report. These records must be made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

      Sec. 48.  1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to section 46 of this act, or evidence from any other source, that an employee or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of section 49 of this act, the holder of a certificate to operate the intermediary service organization shall terminate the employment or contract of that person after allowing him time to correct the information pursuant to subsection 2.

      2.  If an employee or independent contractor believes that the information provided by the Central Repository is incorrect, he may immediately inform the intermediary service organization. An intermediary service organization that is so informed shall give the employee or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

      3.  An intermediary service organization that has complied with section 46 of this act may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee or independent contractor to work:

      (a) Before it received the information concerning the employee or independent contractor from the Central Repository;

      (b) During any period required pursuant to subsection 2 to allow the employee or independent contractor to correct that information;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 49.  In addition to the grounds listed in section 38 of this act, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke the certificate of a holder of a certificate to operate an intermediary service organization if:

      1.  The applicant or holder of a certificate has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

      (e) 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, within the past 7 years;

      (f) A violation of any provision of NRS 200.50955 or 200.5099;

 


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      (g) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or

      (h) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      2.  The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

      Sec. 50.  1.  The Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of sections 29 to 51, inclusive, of this act:

      (a) Without first obtaining a certificate therefor; or

      (b) After his certificate has been revoked or suspended by the Division.

      2.  It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.

      Sec. 51.  The district attorney of the county in which an intermediary service organization operates shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provision of sections 29 to 51, inclusive, of this act.

      Sec. 52.  As used in sections 52 to 58, inclusive, of this act, “traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

      1.  A cerebral vascular accident;

      2.  An aneurism; or

      3.  A congenital defect.

      Sec. 53.  The Division shall:

      1.  Establish and maintain a system for the reporting of information relating to persons with traumatic brain injuries; and

      2.  Adopt regulations which prescribe the information which must be reported to the Division and the procedure for reporting that information.

      Sec. 54.  1.  The chief administrative officer of each hospital in this State shall submit to the Division the information required by the regulations adopted pursuant to section 53 of this act.

      2.  Any person who violates this section is guilty of a misdemeanor.

      Sec. 55.  A person who provides information to the Division pursuant to section 53 of this act may not be held liable in a civil or criminal action for disclosing confidential information unless he has done so in bad faith or with malicious purpose.

      Sec. 56.  1.  The Advisory Committee on Traumatic Brain Injuries, consisting of 11 members, is hereby created.

      2.  The Administrator of the Division shall appoint to the Committee:

      (a) One member who is an employee of the Division.

      (b) One member who is an employee of the Division of Health Care Financing and Policy of the Department and participates in the administration of the state program providing Medicaid.

      (c) One member who is a licensed insurer in this State.

      (d) One member who represents the interests of educators in this State.

 


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      (e) One member who is a person professionally qualified in the field of psychiatric mental health.

      (f) Two members who are employees of private providers of rehabilitative health care located in this State.

      (g) One member who represents persons who operate community-based programs for head injuries in this State.

      (h) One member who represents hospitals in this State.

      (i) Two members who represent the recipients of health care in this State.

      3.  After the initial appointments, each member of the Committee serves a term of 3 years.

      4.  The Committee shall elect one of its members to serve as Chairman.

      5.  Members of the Committee:

      (a) Serve without compensation; and

      (b) If provided for in the budget of the Division, while engaged in the business of the Committee, are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  The Committee may:

      (a) Make recommendations to the Administrator of the Division relating to the establishment and operation of any program for persons with traumatic brain injuries.

      (b) Make recommendations to the Administrator of the Division concerning proposed legislation relating to traumatic brain injuries.

      (c) Collect information relating to traumatic brain injuries.

      (d) Apply for grants.

      (e) Accept and expend any money made available to the Committee by gift, grant, donation or bequest.

      7.  As used in this section:

      (a) “Person professionally qualified in the field of psychiatric mental health” has the meaning ascribed to it in NRS 433.209.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 57.  1.  The Division shall establish a Program for Persons With Traumatic Brain Injuries.

      2.  The Program may, subject to legislative appropriation, provide:

      (a) The following services to persons with traumatic brain injuries:

            (1) Treatment during the day on an outpatient basis;

            (2) Care provided in a facility operated and maintained to furnish food, shelter, assistance and limited supervision;

            (3) Care provided in the home;

            (4) Instruction in the skills required for independent living;

            (5) Placement for jobs; and

            (6) Counseling and treatment for the abuse of drugs or alcohol.

      (b) Support services for families of persons with traumatic brain injuries.

      (c) For the dissemination of information for the prevention of traumatic brain injuries.

      Sec. 58.  The Division shall adopt regulations concerning the care of persons with traumatic brain injuries. The Division shall, in adopting the regulations, consider the criteria established by the Commission on Accreditation of Rehabilitation Facilities or its successor for the care of such persons.

 


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      Sec. 59.  NRS 427A.010 is hereby amended to read as follows:

      427A.010  The Legislature finds and declares that [the] :

      1.  The older people of our state are entitled to receive, and it is the joint and several duty and responsibility of the state and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of the following objectives:

      [1.] (a) An adequate income in retirement.

      [2.] (b) The best possible physical and mental health which science can make available and without regard to economic status.

      [3.] (c) Suitable housing, independently selected, designed and located with reference to special needs and available at costs which older citizens can afford.

      [4.] (d) Full restorative services for those who require institutional care.

      [5.] (e) Opportunity for employment with no discriminatory personnel practices because of age.

      [6.] (f) Retirement in health, honor and dignity.

      [7.] (g) Pursuit of meaningful activity within the widest range of civic, cultural and recreational opportunities.

      [8.] (h) Efficient community services which provide social assistance in a coordinated manner and which are readily available when needed.

      [9.] (i) Immediate benefit from proven research knowledge which can sustain and improve health and happiness.

      [10.] (j) Freedom, independence and the free exercise of individual initiative in planning and managing their own lives.

      [11.] (k) The benefit of balanced nutrition.

      [12.] (l) Adequate day care center services.

      2.  Persons with visual, aural, cognitive or physical disabilities are entitled to receive, and it is the joint and several duty and responsibility of the State and local governments to provide, within the limits of available resources, assistance to secure equal opportunity to the full and free enjoyment of and access to:

      (a) Full participation in the social and economic life of the State;

      (b) Opportunities for remunerative employment;

      (c) The same rights as persons without disabilities to the full and free use of the streets, highways, sidewalks, public buildings, public facilities and other public places;

      (d) Freedom and independence in planning and managing their lives, including, without limitation, the ability to exercise individual initiative;

      (e) Suitable housing that is independently selected, designed and located with consideration of the special needs of persons with disabilities, and that is affordable to persons with disabilities;

      (f) The best possible physical and mental health, without regard to economic status;

      (g) Necessary health, personal assistance and independent living services that are designed to enable persons with disabilities to avoid receiving institutional care, or to transition from an institutional setting back to their communities;

      (h) Respite for family members of persons with disabilities from their duties as primary caregivers; and

      (i) Meaningful participation in a wide range of civic, cultural and recreational opportunities.

 


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      Sec. 60.  NRS 427A.020 is hereby amended to read as follows:

      427A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 427A.021 to 427A.0295, inclusive, and section 11 of this act have the meanings ascribed to them in those sections.

      Sec. 61.  NRS 427A.021 is hereby amended to read as follows:

      427A.021  “Administrator” means the Chief of the Aging and Disability Services Division of the Department.

      Sec. 62.  NRS 427A.027 is hereby amended to read as follows:

      427A.027  “Division” means the Aging and Disability Services Division of the Department.

      Sec. 63.  NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

      (a) Serve as a clearinghouse for information related to problems of the aged and aging.

      (b) Assist the Director in all matters pertaining to problems of the aged and aging.

      (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

      (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

      (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the State.

      [(j) Confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.]

      2.  The Division shall:

      (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

      (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

            (1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

            (2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

 


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      (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      (d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

            (1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

            (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

            (3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      (e) Administer the following programs in this State that provide services for persons with disabilities:

            (1) The program established pursuant to sections 25, 26 and 27 of this act to provide financial assistance to persons with physical disabilities;

            (2) The programs established pursuant to sections 52 to 58, inclusive, of this act to obtain information concerning traumatic brain injuries and provide services to persons with traumatic brain injuries;

            (3) The program established pursuant to section 28 of this act to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

            (4) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 364.4; and

            (5) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      (f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

            (1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

            (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

 


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      (h) Publish and make available to governmental entities and the general public a biennial report which:

            (1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

            (2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

            (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

            (4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

            (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      3.  The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter.

      4.  The Division shall administer the provisions of chapter 656A of NRS.

      5.  The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter.

      Sec. 64.  NRS 427A.060 is hereby amended to read as follows:

      427A.060  The Administrator shall be appointed on the basis of his education, training, experience and demonstrated abilities and of his interest in the problems of the aged and aging [.] and persons with disabilities.

      Sec. 65.  NRS 427A.080 is hereby amended to read as follows:

      427A.080  The Department through the Division may make agreements, arrangements or plans to:

      1.  Cooperate with the Federal Government in carrying out the purposes of this chapter or of any federal statutes pertaining to the problems of the aged and aging and persons with disabilities and to this end may adopt such methods of administration as are found by the Federal Government to be necessary for the proper and efficient operation of those agreements, arrangements or plans; and

      2.  Comply with such conditions as may be necessary to secure benefits under those federal statutes.

      Sec. 66.  NRS 427A.110 is hereby amended to read as follows:

      427A.110  1.  Except as otherwise provided in NRS 427A.270, all gifts of money which the Division is authorized to accept must be deposited in the State Treasury for credit to the Aging and Disability Services Division’s Gift Account in the Department of Health and Human Services’ Gift Fund. The money may be invested and reinvested and must be used in accordance with the conditions of the gift.

 


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      2.  All claims must be approved by the Administrator before they are paid.

      Sec. 67.  NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, an agency to provide personal care services in the home, an intermediary service organization or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, agency, organization or older patient may request a hearing before the Specialist for the Rights of Elderly Persons. If requested, the Specialist for the Rights of Elderly Persons shall conduct a hearing to determine whether the facility, agency or organization is liable for damages to the patient. If the Specialist for the Rights of Elderly Persons determines that the facility, agency or organization is liable for damages to the patient, he shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021;

      (c) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (d) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (e) [“Intermediary Service Organization” has the meaning ascribed to it in NRS 426.218;

      (f)] “Older patient” has the meaning ascribed to it in NRS 449.063; and

      [(g)] (f) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 68.  NRS 449.0021 is hereby amended to read as follows:

      449.0021  1.  “Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home, through its employees or by contractual arrangement with other persons, nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living, including, without limitation:

      (a) The elimination of wastes from the body;

      (b) Dressing and undressing;

      (c) Bathing;

      (d) Grooming;

      (e) The preparation and eating of meals;

 


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      (f) Laundry;

      (g) Shopping;

      (h) Cleaning;

      (i) Transportation; and

      (j) Any other minor needs related to the maintenance of personal hygiene.

      2.  The term does not include:

      (a) An independent contractor who provides nonmedical services specified by subsection 1 without the assistance of employees;

      (b) An organized group of persons composed of the family or friends of a person needing personal care services that employs or contracts with persons to provide services specified by subsection 1 for the person if:

            (1) The organization of the group of persons is set forth in a written document that is made available for review by the Health Division upon request; and

            (2) The personal care services are provided to only one person or one family who resides in the same residence; or

      (c) An intermediary service organization.

      3.  As used in this section, “intermediary service organization” has the meaning ascribed to it in [NRS 426.218.] section 11 of this act.

      Sec. 69.  NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug abuse counselor, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

      (d) Any person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 426.218.] section 11 of this act.

      (f) Any person who maintains or is employed by an agency to provide nursing in the home.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

 


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ê2009 Statutes of Nevada, Page 2401 (Chapter 428, SB 434)ê

 

or exploitation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Any social worker.

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in NRS 449.0021.

      Sec. 70.  Chapter 656A of NRS is hereby amended by adding thereto a new section to read as follows:

      “Division” means the Aging and Disability Services Division of the Department of Health and Human Services.

      Sec. 71.  NRS 656A.020 is hereby amended to read as follows:

      656A.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 656A.023 to 656A.065, inclusive, and section 70 of this act have the meanings ascribed to them in those sections.

      Sec. 72.  NRS 656A.030 is hereby amended to read as follows:

      656A.030  “Interpreter” means a person who is registered with the [Office] Division to engage in the practice of interpreting in this State pursuant to NRS 656A.100.

      Sec. 73.  NRS 656A.065 is hereby amended to read as follows:

      656A.065  “Realtime captioning provider” means a person who is registered with the [Office] Division to engage in the practice of realtime captioning in this State pursuant to NRS 656A.400.

      Sec. 74.  NRS 656A.080 is hereby amended to read as follows:

      656A.080  The [Office] Division shall:

      1.  Establish a registry of persons who are registered with the [Office] Division to engage in the practice of interpreting or the practice of realtime captioning. The registry must include, without limitation:

      (a) The name of the person and any other information prescribed by the [Office;] Division; and

      (b) If the person is registered to engage in the practice of interpreting, each professional classification in which he is registered to practice;

      2.  Make the registry available on an Internet website maintained by the [Office;] Division; and

      3.  Provide a copy of the registry without charge to any person upon request.

      Sec. 75.  NRS 656A.082 is hereby amended to read as follows:

      656A.082  The [Office] Division shall, by regulation:

      1.  Prescribe for each professional classification of interpreters:

      (a) The level of education and professional training, experience and certification required to engage in the practice of interpreting in that classification.

 


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ê2009 Statutes of Nevada, Page 2402 (Chapter 428, SB 434)ê

 

      (b) The authorized scope of practice, including, without limitation, any condition, restriction or other limitation imposed on a person who practices in that classification.

      2.  Establish ethical standards for persons who engage in the practice of interpreting, including, without limitation, standards for maintaining confidential communications between an interpreter and a person who receives his services.

      Sec. 76.  NRS 656A.084 is hereby amended to read as follows:

      656A.084  The [Office] Division shall, by regulation:

      1.  Prescribe the level of education and professional training, experience and certification required to engage in the practice of realtime captioning.

      2.  Establish ethical standards for persons who engage in the practice of realtime captioning, including, without limitation, standards for maintaining confidential communications between a realtime captioning provider and a person who receives his services.

      Sec. 77.  NRS 656A.086 is hereby amended to read as follows:

      656A.086  1.  A person who is dissatisfied with the services provided by a person who engages in the practice of interpreting or the practice of realtime captioning or becomes aware that any one or more of the grounds for initiating disciplinary action may exist as to a person who engages in the practice of interpreting or the practice of realtime captioning may file a complaint with the [Office.] Division.

      2.  The [Office] Division shall establish procedures for investigating and resolving a complaint filed pursuant to this section.

      Sec. 78.  NRS 656A.088 is hereby amended to read as follows:

      656A.088  Any money received by the [Office] Division pursuant to this chapter must be:

      1.  Deposited with the State Treasurer for credit to the Account for Services for Persons With Impaired Speech or Hearing created by [NRS 426.295;] section 28 of this act; and

      2.  Used by the [Office] Division to pay the costs incurred by the [Office] Division in carrying out the provisions of this chapter.

      Sec. 79.  NRS 656A.090 is hereby amended to read as follows:

      656A.090  The [Office] Division shall adopt regulations to carry out the provisions of this chapter.

      Sec. 80.  NRS 656A.100 is hereby amended to read as follows:

      656A.100  1.  A person who wishes to engage in the practice of interpreting in this State must submit to the [Office:] Division:

      (a) Proof that he is at least 18 years of age;

      (b) An application in the form prescribed by the [Office;] Division;

      (c) Proof that the applicant has complied with the requirements for education, training, experience and certification required for each professional classification of the practice of interpreting pursuant to this section or prescribed by a regulation of the [Office] Division pursuant to NRS 656A.082;

      (d) If the applicant wishes to practice interpreting in a community setting as an apprentice level interpreter, proof:

            (1) That the applicant possesses intermediate interpreting skills;

            (2) Of current participation in a program of mentoring or an agreement to participate in a program of mentoring with an interpreter in a community setting other than an apprentice level interpreter; and

 


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ê2009 Statutes of Nevada, Page 2403 (Chapter 428, SB 434)ê

 

            (3) Of ongoing participation in a training program for the professional development of interpreters;

      (e) If the applicant wishes to practice interpreting in a community setting as a skilled interpreter, proof:

            (1) That the applicant is certified as an interpreter by a nationally recognized public or private organization which is approved by the [Office] Division or possesses the skills necessary to practice interpreting at a skilled level in a community setting; and

            (2) Of ongoing participation in a training program for the professional development of interpreters;

      (f) If the applicant wishes to practice interpreting in a community setting as an advanced certified interpreter, proof:

            (1) That the applicant is certified as an interpreter at an advanced level by a nationally recognized public or private organization which is approved by the [Office] Division or possesses the skills necessary to practice interpreting at an advanced level in a community setting; and

            (2) Of ongoing participation in a training program for the professional development of interpreters;

      (g) If the applicant wishes to practice interpreting in an educational setting as an apprentice level interpreter, proof:

            (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the [Office] Division and received a rating of his level of proficiency in providing interpreting services at least at level 3.0;

            (2) Of current participation in a program of mentoring or an agreement to participate in a program of mentoring with an interpreter in an educational setting other than an apprentice level interpreter; and

            (3) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (h) If the applicant wishes to practice interpreting in an educational setting as an intermediate interpreter, proof:

            (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the [Office] Division and received a rating of his level of proficiency in providing interpreting services at least at level 3.1; and

            (2) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (i) If the applicant wishes to practice interpreting in an educational setting as an advanced interpreter, proof:

            (1) That the applicant has completed the Educational Interpreter Performance Assessment administered by a public or private organization which is approved by the [Office] Division and received a rating of his level of proficiency in providing interpreting services at least at level 4.0;

            (2) That the applicant possesses at least 4 years of experience practicing as an interpreter in a classroom; and

            (3) Of an individualized plan for professional development as an interpreter which includes, without limitation, specific goals for his professional development as an interpreter;

      (j) If the applicant wishes to obtain a supplemental registration specifically to practice interpreting in a legal setting or medical setting in addition to obtaining registration pursuant to paragraphs (d) to (i), inclusive, any information or evidence as prescribed by a regulation of the [Office] Division pursuant to NRS 656A.084; and

 


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ê2009 Statutes of Nevada, Page 2404 (Chapter 428, SB 434)ê

 

addition to obtaining registration pursuant to paragraphs (d) to (i), inclusive, any information or evidence as prescribed by a regulation of the [Office] Division pursuant to NRS 656A.084; and

      (k) Any other information or evidence the [Office] Division may require to determine whether the applicant has complied with the requirements to engage in the practice of interpreting.

      2.  The [Office] Division may, for good cause shown, waive any requirement set forth in subsection 1.

      3.  An applicant must identify each professional classification of the practice of interpreting for which he requests registration.

      4.  The [Office] Division shall:

      (a) Register each applicant who complies with the applicable provisions of this section as an interpreter described in the applicable paragraph of subsection 1; and

      (b) Issue to the applicant proof of registration.

      Sec. 81.  NRS 656A.400 is hereby amended to read as follows:

      656A.400  1.  A person who wishes to engage in the practice of realtime captioning in this State must submit to the [Office:] Division:

      (a) Proof that he is at least 18 years of age;

      (b) An application in the form prescribed by the [Office;] Division;

      (c) Proof that the applicant has complied with the requirements for education, training, experience and certification required for the practice of realtime captioning as prescribed by a regulation of the [Office] Division pursuant to NRS 656A.084; and

      (d) Any other information or evidence the [Office] Division may require to determine whether the applicant has complied with the requirements to engage in the practice of realtime captioning.

      2.  The [Office] Division shall register each applicant who complies with the provisions of this section and issue to the applicant proof of registration.

      Sec. 82.  NRS 656A.500 is hereby amended to read as follows:

      656A.500  The following acts, among others, constitute cause for disciplinary action:

      1.  Engaging in behavior that is contrary to the ethical standards set forth in the regulations of the [Office.] Division.

      2.  Violation by an interpreter or realtime captioning provider of any of the provisions of this chapter or of any other law of this State or of the standards and other regulations adopted thereunder.

      3.  Aiding, abetting or permitting the commission of any illegal act.

      4.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada while discharging duties as an interpreter or realtime captioning provider.

      5.  Engaging in the practice of interpreting or the practice of realtime captioning without the skills required to meet the communication needs of the recipient of the service.

      6.  Engaging in unprofessional conduct as defined by the [Office] Division by regulation.

      Sec. 83.  NRS 656A.510 is hereby amended to read as follows:

      656A.510  1.  If an interpreter or realtime captioning provider has committed any act set forth in NRS 656A.500, the [Office] Division may:

      (a) Suspend or revoke the registration of the interpreter or realtime captioning provider;

 


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ê2009 Statutes of Nevada, Page 2405 (Chapter 428, SB 434)ê

 

      (b) Refuse to renew the registration of the interpreter or realtime captioning provider;

      (c) Impose upon the interpreter or realtime captioning provider a fine of not more than $5,000 for each violation of this chapter;

      (d) Require the interpreter or realtime captioning provider to pay restitution; or

      (e) Take such other disciplinary action as the [Office] Division deems appropriate.

      2.  The [Office] Division may adopt regulations setting forth a schedule of fines for the purposes of paragraph (c) of subsection 1.

      3.  The [Office] Division shall adopt regulations setting forth a schedule of penalties for engaging in unprofessional conduct. The schedule of penalties must not exceed the penalties set forth in this section.

      Sec. 84.  NRS 656A.520 is hereby amended to read as follows:

      656A.520  1.  When a complaint is filed with the [Office,] Division, it must be considered by a person designated by the [Office.] Division. If it appears to the person designated by the [Office] Division that further proceedings are warranted, the person shall report the results of his investigation together with his recommendation to the [Office] Division in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The [Office] Division shall promptly make a determination with respect to each complaint reported to it by the person designated by the [Office] Division and shall dismiss the complaint or proceed with disciplinary action pursuant to chapter 622A of NRS.

      Sec. 85.  NRS 656A.800 is hereby amended to read as follows:

      656A.800  1.  Except as otherwise provided by specific statute, it is unlawful for a person to:

      (a) Engage in the practice of interpreting in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of interpreting in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is an interpreter,

Ê unless he is registered with the [Office] Division pursuant to NRS 656A.100.

      2.  It is unlawful for a person to:

      (a) Engage in the practice of realtime captioning in this State;

      (b) Hold himself out as certified or qualified to engage in the practice of realtime captioning in this State; or

      (c) Use in connection with his name any title, words, letters or other designation intended to imply or designate that he is a realtime captioning provider,

Ê unless he is registered with the [Office] Division pursuant to NRS 656A.400.

      3.  A person who violates the provisions of subsection 1 or 2:

      (a) Is guilty of a misdemeanor; and

      (b) May be assessed a civil penalty of not more than $5,000.

      4.  An action for the enforcement of a civil penalty assessed pursuant to this section may be brought in any court of competent jurisdiction by the district attorney of the appropriate county or the Attorney General.

      5.  Any civil penalty recovered pursuant to this section must be deposited with the State Treasurer for credit to the Account for Services for Persons with Impaired Speech or Hearing created by [NRS 426.295.] section 28 of this act.

 


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ê2009 Statutes of Nevada, Page 2406 (Chapter 428, SB 434)ê

 

      6.  The [Office] Division shall report a violation of a provision of subsection 1 or 2 to the district attorney of the county in which the violation occurred or the Attorney General.

      Sec. 86.  NRS 704.040 is hereby amended to read as follows:

      704.040  1.  Every public utility shall furnish reasonably adequate service and facilities. Subject to the provisions of subsection 3, the charges made for any service rendered or to be rendered, or for any service in connection therewith or incidental thereto, must be just and reasonable.

      2.  Every unjust and unreasonable charge for service of a public utility is unlawful.

      3.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive:

      (a) A competitive supplier is exempt from any provision of this chapter governing the rates, prices, terms and conditions of any telecommunication service.

      (b) A small-scale provider of last resort is subject to the provisions of this chapter, [NRS 426.295 and] chapter 707 of NRS [.] and section 28 of this act.

      4.  All telecommunication providers which offer the same or similar service must be subject to fair and impartial regulation, to promote adequate, economical and efficient service.

      5.  To maintain the availability of telephone service in accordance with the regulations adopted pursuant to NRS 704.6873, the Commission shall provide for the levy and collection of a uniform and equitable assessment, in an amount determined by the Commission, from all persons furnishing intrastate telecommunication service or the functional equivalent of such service through any form of telephony technology, unless the levy and collection of the assessment with regard to a particular form of technology is prohibited by federal law. Assessments levied and collected pursuant to this subsection must be maintained in a separate fund established by the Commission. The Commission shall contract with an independent administrator to administer the fund pursuant to open competitive bidding procedures established by the Commission. The independent administrator shall collect the assessments levied and distribute them from the fund pursuant to a plan which has been approved by the Commission. Money in the fund must be used for the sole purpose of maintaining the availability of telephone service.

      Sec. 87.  The amendatory provisions of this act do not affect the current term of appointment of any person who is a member on the effective date of this act of the Committee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities or of the Advisory Committee on Traumatic Brain Injuries.

      Sec. 88.  On July 1, 2009, an intermediary service organization that is certified pursuant to NRS 426.301 to 426.345, inclusive, on or before June 30, 2009, becomes an intermediary service organization that is certified pursuant to sections 29 to 51, inclusive, of this act.

      Sec. 89.  Any balance in the Account for Services for Persons With Impaired Speech or Hearing created pursuant to NRS 426.295 that remains on June 30, 2009, must be transferred on July 1, 2009, to the Account created pursuant to section 28 of this act.

      Sec. 90.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

 


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ê2009 Statutes of Nevada, Page 2407 (Chapter 428, SB 434)ê

 

responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity are binding upon the officer, agency or other entity to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer, agency or other entity to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remains in effect as if taken by the officer, agency or other entity to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 91.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities have been transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 92.  NRS 426.005, 426.205, 426.215, 426.218, 426.225, 426.235, 426.245, 426.255, 426.257, 426.258, 426.2585, 426.259, 426.2595, 426.261, 426.2615, 426.262, 426.2625, 426.263, 426.2635, 426.264, 426.265, 426.275, 426.285, 426.295, 426.301, 426.303, 426.305, 426.307, 426.309, 426.311, 426.315, 426.317, 426.319, 426.321, 426.323, 426.325, 426.327, 426.328, 426.329, 426.331, 426.333, 426.335, 426.337, 426.339, 426.341, 426.343, 426.345, 426A.010, 426A.020, 426A.030, 426A.050, 426A.060, 426A.070, 426A.080 and 656A.037 are hereby repealed.

      Sec. 93.  1.  This section and sections 1 to 7, inclusive, and 9 to 92, inclusive, of this act become effective on July 1, 2009.

      2.  Section 7 of this act expires by limitation on June 30, 2011.

      3.  Section 8 of this act becomes effective on July 1, 2011.

      4.  Sections 14 to 24, inclusive, of this act expire by limitation on June 30, 2013.

      5.  Sections 32, 33 and 39 of this act are effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.

________

 


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ê2009 Statutes of Nevada, Page 2408ê

 

CHAPTER 429, SB 435

Senate Bill No. 435–Committee on Finance

 

CHAPTER 429

 

AN ACT relating to statutes; revising certain legislative measures enacted during the 75th Session of the Legislature to correct technical errors and clarify legislative intent; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Sections 6-18 and 45 of Assembly Bill No. 146 of this session transfer certain duties and responsibilities concerning the issuance of state business licenses from the Department of Taxation to the Secretary of State. Sections 11 and 14 of A.B. 146, which set forth the fees for such a license, inadvertently failed to account for the reduction of those fees from $200 to $100 on July 1, 2011, in accordance with the requirements of Senate Bill No. 429 of this session. Sections 1 and 2 of this bill correct this technical error.

      Section 8.5 of Senate Bill No. 429 of this session is intended to exempt property sold or used for the performance of certain contracts from the additional amount of sales and use taxes imposed by sections 7 and 8 of that bill. Section 3 of this bill clarifies the scope of this exemption.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Assembly Bill No. 146 of this session is hereby amended by adding thereto new sections to be designated as sections 44.3 and 44.7, immediately following sec. 44, to read as follows:

      Sec. 44.3.  Section 11 of this act is hereby amended to read as follows:

      Sec. 11.  1.  A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Secretary of State;

      (b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the entity number as assigned by the Secretary of State, if known, and the location in this State of his place or places of business;

      (c) Be accompanied by a fee in the amount of [$200;] $100; and

 


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ê2009 Statutes of Nevada, Page 2409 (Chapter 429, SB 435)ê

 

      (d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

      3.  The application must be signed pursuant to NRS 239.330 by:

      (a) The owner of a business that is owned by a natural person.

      (b) A member or partner of an association or partnership.

      (c) A general partner of a limited partnership.

      (d) A managing partner of a limited-liability partnership.

      (e) A manager or managing member of a limited-liability company.

      (f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

      4.  If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of this chapter, a person shall be deemed to conduct a business in this State if a business for which the person is responsible:

      (a) Is organized pursuant to this title, other than a business organized pursuant to chapter 82 or 84 of NRS;

      (b) Has an office or other base of operations in this State;

      (c) Has a registered agent in this State; or

      (d) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he is paid.

      7.  As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

      Sec. 44.7.  Section 14 of this act is hereby amended to read as follows:

      Sec. 14.  1.  A person who applies for renewal of a state business license shall submit a fee in the amount of [$200] $100 to the Secretary of State:

      (a) If the person is an entity required to file an annual list with the Secretary of State pursuant to this title, at the time the person submits the annual list to the Secretary of State, unless the person submits a certificate or other form evidencing the dissolution of the entity; or

      (b) If the person is not an entity required to file an annual list with the Secretary of State pursuant to this title, on the last day of the month in which the anniversary date of issuance of the state business license occurs in each year, unless the person submits a written statement to the Secretary of State, at least 10 days before that date, indicating that the person will not be conducting a business in this State after that date.

 


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ê2009 Statutes of Nevada, Page 2410 (Chapter 429, SB 435)ê

 

that date, indicating that the person will not be conducting a business in this State after that date.

      2.  The Secretary of State shall, 90 days before the last day for filing an application for renewal of the state business license of a person who holds a state business license, provide to the person a notice of the state business license fee due pursuant to this section and a reminder to file the application for renewal required pursuant to this section. Failure of any person to receive a notice does not excuse the person from the penalty imposed by law.

      3.  If a person fails to submit the annual state business license fee required pursuant to this section in a timely manner and the person is:

      (a) An entity required to file an annual list with the Secretary of State pursuant to this title, the person:

            (1) Shall pay a penalty of $100 in addition to the annual state business license fee;

            (2) Shall be deemed to have not complied with the requirement to file an annual list with the Secretary of State; and

            (3) Is subject to all applicable provisions relating to the failure to file an annual list, including, without limitation, the provisions governing default and revocation of its charter or right to transact business in this State, except that the person is required to pay the penalty set forth in subparagraph (1).

      (b) Not an entity required to file an annual list with the Secretary of State, the person shall pay a penalty in the amount of $100 in addition to the annual state business license fee. The Secretary of State shall provide to the person a written notice that:

            (1) Must include a statement indicating the amount of the fees and penalties required pursuant to this section and the costs remaining unpaid.

            (2) May be provided electronically, if the person has requested to receive communications by electronic transmission, by electronic mail or other electronic communication.

      Sec. 2.  Section 47 of Assembly Bill No. 146 of this session is hereby amended to read as follows:

      Sec. 47.  1.  This section and section 45.5 of this act become effective upon passage and approval.

      2.  Sections 1 to [45,] 44, inclusive, 45, 46 and 46.5 of this act become effective:

      (a) Upon passage and approval for the purposes of adopting regulations and performing any other preparatory actions that are necessary to carry out the provisions of this act; and

      (b) On October 1, 2009, for all other purposes.

      3.  Sections 44.3 and 44.7 of this act become effective on July 1, 2011.

      Sec. 3.  Section 8.5 of Senate Bill No. 429 of this session is hereby amended to read as follows:

      Sec. 8.5.  NRS 374.315 is hereby amended to read as follows:

      374.315  1.  There are exempted from the taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into before July 1, 1967.

 


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ê2009 Statutes of Nevada, Page 2411 (Chapter 429, SB 435)ê

 

      2.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction entered into before May 1, 1981.

      3.  There are exempted from the additional taxes imposed by this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract for construction of an improvement to real property, entered into before July 30, 1991, or for which a binding bid was submitted before that date if the bid was afterward accepted, if under the terms of the contract or bid the contract price or bid amount cannot be adjusted to reflect the imposition of the additional taxes.

      4.  There are exempted from the additional taxes imposed by amendment to this chapter the gross receipts from the sale of, and the storage, use or other consumption in a county of, tangible personal property used for the performance of a written contract entered into before July, 1 2009.

      Sec. 4.  This act becomes effective upon passage and approval.

________

 

CHAPTER 430, AB 9

Assembly Bill No. 9–Committee on Elections, Procedures, Ethics, and Constitutional Amendments

 

CHAPTER 430

 

AN ACT relating to legislative affairs; creating the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs; prescribing the powers and duties of the Committee; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Section 3 of this bill creates the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs as a statutory committee and provides for its membership. Section 4 of this bill provides for the meetings of the Committee, prescribes the manner in which meetings must be conducted and provides for the compensation of the members of the Committee. Section 5 of this bill authorizes the Committee to study and comment upon issues relating to senior citizens, veterans and adults with special needs and authorizes the Committee to conduct investigations and hold hearings.

 


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ê2009 Statutes of Nevada, Page 2412 (Chapter 430, AB 9)ê

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 218 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 7, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 7, inclusive, of this act, unless the context otherwise requires, “Committee” means the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs.

      Sec. 3.  1.  The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs, consisting of six members, is hereby created. The membership of the Committee consists of:

      (a) Three members of the Senate appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party; and

      (b) Three members of the Assembly appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.

      2.  The Legislative Commission shall select the Chairman and Vice Chairman of the Committee from among the members of the Committee. After the initial selection of those officers, each of those officers holds the position for a term of 2 years commencing on July 1 of each odd-numbered year. The chairmanship of the Committee must alternate each biennium between the houses of the Legislature. If a vacancy occurs in the chairmanship or vice chairmanship, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.

      3.  A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve until the convening of the next regular session of the Legislature.

      4.  A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      Sec. 4.  1.  The members of the Committee shall meet at the times and places specified by a call of the Chairman or by a majority of the Committee.

      2.  The Director of the Legislative Counsel Bureau or his designee shall act as the nonvoting recording Secretary of the Committee.

      3.  Four members of the Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee.

      4.  Except during a regular or special session of the Legislature, for each day or portion of a day during which a member of the Committee attends a meeting of the Committee or is otherwise engaged in the work of the Committee, the member is entitled to receive the:

      (a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;

      (b) Per diem allowance provided for state officers and employees generally; and

      (c) Travel expenses provided pursuant to NRS 218.2207.

Ê The compensation, per diem allowances and travel expenses of the members of the Committee must be paid from the Legislative Fund.

      Sec. 5.  1.  The Committee may review, study and comment upon issues relating to senior citizens, veterans and adults with special needs, including, without limitation:

 


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ê2009 Statutes of Nevada, Page 2413 (Chapter 430, AB 9)ê

 

      (a) Initiatives to ensure the financial and physical wellness of senior citizens, veterans and adults with special needs;

      (b) The abuse, neglect, isolation and exploitation of senior citizens and adults with special needs;

      (c) Public outreach and advocacy;

      (d) Programs for the provision of services to senior citizens, veterans and adults with special needs in this State and methods to enhance such programs to ensure that services are provided in the most appropriate setting;

      (e) Programs that provide services and care in the home which allow senior citizens to remain at home and live independently instead of in institutional care;

      (f) The availability of useful information and data as needed for the State of Nevada to effectively make decisions, plan budgets and monitor costs and outcomes of services provided to senior citizens, veterans and adults with special needs;

      (g) Laws relating to the appointment of a guardian and the improvement of laws for the protection of senior citizens and adults with special needs who have been appointed a guardian, including, without limitation, the improvement of investigations relating to guardianships and systems for monitoring guardianships; and

      (h) The improvement of facilities for long-term care in this State, including, without limitation:

            (1) Reducing the number of persons placed in facilities for long-term care located outside this State;

            (2) Creating units for acute care and long-term care to treat persons suffering from dementia who exhibit behavioral problems;

            (3) Developing alternatives to placement in facilities for long-term care, including, without limitation, units for long-term care located in other types of facilities, and ensuring that such alternatives are available throughout this State for the treatment of persons with psychological needs; and

            (4) Creating a program to provide follow-up care and to track the ongoing progress of residents of facilities for long-term care.

      2.  The Committee may:

      (a) Review, study and comment upon matters relating to senior citizens, veterans and adults with special needs;

      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section;

      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and studies of the Committee; and

      (d) Make recommendations to the Legislature concerning senior citizens, veterans and adults with special needs.

      3.  The Committee shall, on or before January 15 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the study conducted pursuant to subsection 1.

      4.  As used in this section, “facility for long-term care” has the meaning ascribed to it in NRS 427A.028.

 


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ê2009 Statutes of Nevada, Page 2414 (Chapter 430, AB 9)ê

 

      Sec. 6.  1.  If the Committee conducts investigations or holds hearings pursuant to section 5 of this act:

      (a) The Secretary of the Committee or, in his absence, a member designated by the Committee may administer oaths.

      (b) The Chairman of the Committee may cause the deposition of witnesses, residing within or outside this State, to be taken in the manner prescribed by rule of court for taking depositions in civil actions in the district courts.

      (c) The Chairman of the Committee may issue subpoenas to compel the attendance of witnesses and the production of books and papers.

      2.  If a witness refuses to attend or testify or produce books or papers as required by the subpoena, the Chairman of the Committee may report to the district court by a petition which sets forth that:

      (a) Due notice has been given of the time and place of attendance of the witness or the production of the books or papers;

      (b) The witness has been subpoenaed by the Committee pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the books or papers required by the subpoena before the Committee that is named in the subpoena, or has refused to answer questions propounded to him.

Ê The petition may request an order of the court compelling the witness to attend and testify or produce the books and papers before the Committee.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why he has not attended or testified or produced the books or papers before the Committee. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued by the Committee, the court shall enter an order that the witness appear before the Committee at the time and place fixed in the order and testify or produce the required books or papers. Failure to obey the order constitutes contempt of court.

      Sec. 7.  Each witness who appears before the Committee by its order, except a state officer or employee, is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of record in this State. The fees and mileage must be audited and paid upon the presentation of proper claims sworn to by the witness and approved by the Secretary and Chairman of the Committee.

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

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ê2009 Statutes of Nevada, Page 2415ê

 

CHAPTER 431, AB 18

Assembly Bill No. 18–Committee on Ways and Means

 

CHAPTER 431

 

AN ACT relating to the Lake Tahoe Basin; authorizing the issuance of general obligation bonds to carry out a program for the protection of the Lake Tahoe Basin; extending the period for the issuance of certain bonds to carry out the program; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      The Environmental Improvement Program was implemented in 1997 to carry out projects to protect and improve the environment in the Lake Tahoe Basin. The costs of the Program are apportioned among the Federal Government, the States of Nevada and California and local governments and owners of private property in both states. In 1999, the Nevada Legislature authorized the issuance of $53.2 million in general obligation bonds between July 1, 2001, and June 30, 2007, to pay for a significant portion of Nevada’s share of the costs of the Program. (Chapter 514, Statutes of Nevada 1999, p. 2628) In 2005, the Nevada Legislature extended to June 30, 2010, the deadline for the issuance of the total amount of those general obligation bonds for the Program and authorized the issuance of the final $16.8 million of those bonds. (Chapter 298, Statutes of Nevada 2005, pp. 1032-34)

      Section 3 of this bill requires the issuance of not more than $100,000,000 in general obligation bonds to carry out the Program between July 1, 2009, and June 30, 2020. Section 1 of this bill requires the issuance of the initial $4.42 million of those general obligation bonds and specifies the authorized uses of that money. Sections 7 and 8 of this bill extend to June 30, 2011, the deadline for the issuance of the remaining amount of general obligation bonds that were originally authorized in 2005.

 

 

      Whereas, The Lake Tahoe Basin exhibits unique environmental and ecological conditions that are irreplaceable; and

      Whereas, This State has a compelling interest in preserving, protecting, restoring and enhancing the natural environment of the Lake Tahoe Basin; and

      Whereas, The preservation, protection, restoration and enhancement of the natural environment of the Lake Tahoe Basin is a matter of such significance that it must be carried out on a continual basis; and

      Whereas, In October 1997, Governor Bob Miller, on behalf of the State of Nevada, signed a Memorandum of Agreement between the Federal Interagency Partnership on the Lake Tahoe Ecosystem, the States of Nevada and California, the Washoe Tribe of Nevada and California, the Tahoe Regional Planning Agency and interested local governments, in which the parties affirmed their commitment to the Tahoe Regional Planning Compact, to the sound management and protection of the resources within the Lake Tahoe Basin and the support of a healthy, sustainable economy and to achieve environmental thresholds for Lake Tahoe, and agreed to cooperate to carry out, including, without limitation, providing financial support for, the Environmental Improvement Program; and

 


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ê2009 Statutes of Nevada, Page 2416 (Chapter 431, AB 18)ê

 

      Whereas, The costs of carrying out the Environmental Improvement Program have been apportioned among the Federal Government, the States of Nevada and California and the local governments and private property owners within both states; and

      Whereas, The cost of a continued investment in carrying out the Environmental Improvement Program for the State of Nevada and its political subdivisions is $100,000,000 for the next 10-year period; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Money to carry out the Environmental Improvement Program for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $4,420,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this subsection, must be used as follows:

      1.  Activities related to the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

      (a) Continued implementation of forest restoration projects $1,000,000

      (b) Improvement of day and overnight recreational facilities $500,000

      (c) Development of a comprehensive trail system.................. $500,000

      (d) Protection of sensitive species............................................. $150,000

      (e) Control of invasive terrestrial and aquatic species........... $100,000

      2.  Water quality, erosion control and stream restoration and enhancement projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements........................................................................................ $2,000,000

      3.  Contingency money to carry out environmental improvement projects   $170,000

      Sec. 2.  1.  The Division of State Lands of the State Department of Conservation and Natural Resources may combine the contingency money authorized pursuant to subsection 3 of section 1 of this act with any other contingency money authorized by the Legislature to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin.

      2.  If an amount authorized to carry out the projects set forth in section 1 of this act or any other environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin is insufficient to allow the completion of the project for which it is authorized, including, without limitation, any monitoring necessary to ensure the continued effectiveness of the project:

      (a) The Division of State Lands may, without the prior approval of the Interim Finance Committee, allocate the contingency money authorized pursuant to subsection 3 of section 1 of this act, including any money combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of section 2 of chapter 504, Statutes of Nevada 2007, at page 2925, section 2 of chapter 298, Statutes of Nevada 2005, at page 1031, section 2 of chapter 438, Statutes of Nevada 2003, at page 2656, section 2 of chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of Nevada 1999, at page 2627; and

 


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ê2009 Statutes of Nevada, Page 2417 (Chapter 431, AB 18)ê

 

combined therewith pursuant to subsection 1, to carry out an environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin, notwithstanding the provisions of section 2 of chapter 504, Statutes of Nevada 2007, at page 2925, section 2 of chapter 298, Statutes of Nevada 2005, at page 1031, section 2 of chapter 438, Statutes of Nevada 2003, at page 2656, section 2 of chapter 302, Statutes of Nevada 2001, at page 1428, and subsection 2 of section 1 of chapter 514, Statutes of Nevada 1999, at page 2627; and

      (b) Upon the request of the Division of State Lands, the Interim Finance Committee may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another environmental improvement project or projects that are paid for with money from the Fund to Protect the Lake Tahoe Basin by the amount of the increase.

      3.  The Division of State Lands may use money authorized pursuant to section 1 of this act for a project other than a project listed in section 1 of this act if the Interim Finance Committee approves such a use in writing before the Division of State Lands engages in the project.

      Sec. 3.  Money to carry out the Environmental Improvement Program during the period between the fiscal year beginning on July 1, 2009, and the fiscal year ending on June 30, 2020, in an amount not to exceed $100,000,000 must be provided by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $100,000,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. Section 1 of this act constitutes the approval by the Legislature for the issuance of $4,420,000 of such bonds pursuant to this section. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.

      Sec. 4.  The amount of bonds authorized by section 3 of this act must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the Program.

      Sec. 5.  The Administrator of the Division of State Lands may issue grants to or enter into agreements with state and federal agencies, local governments, nonprofit organizations and other persons or entities to carry out the program established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627. The Administrator shall adopt such regulations as are necessary for awarding the grants or entering into the agreements.

      Sec. 6.  The Legislature finds and declares that the issuance of securities and the incurrence of indebtedness pursuant to this act:

      1.  Are necessary for the protection and preservation of the natural resources of this State and for the purpose of obtaining the benefits thereof; and

      2.  Constitute an exercise of the authority conferred by the second paragraph of section 3 of article 9 of the Constitution of the State of Nevada.

 


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ê2009 Statutes of Nevada, Page 2418 (Chapter 431, AB 18)ê

 

      Sec. 7.  Section 1 of chapter 514, Statutes of Nevada 1999, as amended by section 4 of chapter 298, Statutes of Nevada 2005, at page 1033, is hereby amended to read as follows:

      Section 1.  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources in cooperation with other state agencies, shall coordinate the development and implementation of a program of environmental improvement projects for:

      (a) The protection and enhancement of the quality of the air and water;

      (b) The protection and restoration of natural watercourses, wetlands, wildlife habitat, fisheries, vegetation and forests;

      (c) Prevention and control of erosion; and

      (d) Enhancement of recreational and tourism opportunities,

Ê in the Lake Tahoe Basin.

      2.  Money to carry out the program in an amount not to exceed $3,200,000 must be provided for the period between the fiscal year beginning on July 1, 1999 and the fiscal year ending on June 30, 2001, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $3,200,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this subsection must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of this act and, except as otherwise provided in this subsection, must be used as follows:

      (a) Sand Harbor Visitor/Administrative Center BMPs......... $1,000,000

      (b) North Canyon Hiking Trail...................................................... $15,000

      (c) Sand Harbor Erosion Control................................................ $100,000

      (d) Upland Wildlife Habitat Enhancement.................................. $66,000

      (e) North Canyon Old Growth Habitat Restoration................. $130,000

      (f) Forest Restoration - Phase I................................................ $1,500,000

      (g) Sand Harbor-Memorial Point Trail......................................... $56,000

      (h) Hidden Beach Rehabilitation, BMPs................................... $106,000

      (i) Sugar Pine Old Growth Habitat Restoration.......................... $75,000

      (j) Project contingency................................................................. $152,000

Ê If an amount authorized pursuant to this subsection is insufficient to allow the completion of the project for which it is authorized, the Interim Finance Committee, upon the request of the Division of State Lands of the State Department of Conservation and Natural Resources, may increase the amount authorized for the project and offset the increase by reducing the amount authorized for another project or projects pursuant to this subsection by the amount of the increase. The Division of State Lands may use money authorized pursuant to this subsection for a project other than a project listed in this subsection if the Interim Finance Committee approves such a use in writing before the Division engages in the project. The Division of State Lands may allocate money pursuant to paragraph (j) without the prior approval of the Interim Finance Committee.

      3.  Money to carry out the program in an amount not to exceed $53,200,000 must be provided for the period between the fiscal year beginning on July 1, 2001, and the fiscal year ending on June 30, [2010,] 2011, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000.

 


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ê2009 Statutes of Nevada, Page 2419 (Chapter 431, AB 18)ê

 

[2010,] 2011, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $53,200,000. With the prior approval of the Legislature or the Interim Finance Committee, the bonds may be issued from time to time pursuant to a schedule established by the Administrator of the Division of State Lands. The provisions of NRS 349.150 to 349.364, inclusive, apply to the issuance of bonds pursuant to this subsection.

      4.  The amount of bonds authorized by subsection 3 must be reduced by the amount of any money appropriated by the Legislature for the same purpose upon certification by the Administrator of the Division of State Lands of the amount of each such appropriation to the State Board of Finance. The Administrator of the Division of State Lands shall submit a request to the Legislature each biennium, as necessary, for an appropriation for the program.

      5.  The Administrator of the Division of State Lands may adopt such regulations as are necessary to carry out the program.

      Sec. 8.  Section 2 of chapter 298, Statutes of Nevada 2005, at page 1031, is hereby amended to read as follows:

      Sec. 2.  Money to carry out the program of environmental improvement projects for the Lake Tahoe Basin established pursuant to section 1 of chapter 514, Statutes of Nevada 1999, at page 2627, in an amount not to exceed $16,800,000 must be provided for the period between the fiscal year beginning on July 1, 2005, and the fiscal year ending on June 30, [2007,] 2011, by the issuance by the State Board of Finance of general obligation bonds of the State of Nevada in a total face amount of not more than $16,800,000 pursuant to NRS 349.150 to 349.364, inclusive. The proceeds of the bonds issued pursuant to this section must be deposited in the Fund to Protect the Lake Tahoe Basin created pursuant to section 2 of chapter 514, Statutes of Nevada 1999, at page 2628, and, except as otherwise provided in this section, must be used as follows:

      1.  Projects of the Environmental Improvement Program to be carried out by the State Department of Conservation and Natural Resources:

      (a) Shorezone/Stream Restoration Project............................. $1,500,000

      (b) Forest Restoration Phase III................................................... $650,000

      2.  Water Quality, Erosion Control and Stream Restoration/Enhancement Projects of the Environmental Improvement Program to be carried out pursuant to grants and project agreements...................................................................................... $14,000,000

      3.  Contingency money to carry out any environmental improvement project that is paid for with money from the Fund to Protect the Lake Tahoe Basin. $650,000

      Sec. 9.  This act becomes effective on July 1, 2009.

________

 


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ê2009 Statutes of Nevada, Page 2420ê

 

CHAPTER 432, AB 148

Assembly Bill No. 148–Committee on Commerce and Labor

 

CHAPTER 432

 

AN ACT relating to occupational safety; requiring employees on a construction site to receive certain health and safety training; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Section 10 of this bill requires: (1) supervisory employees working on a construction site to complete a specified 30-hour health and safety course not later than 15 days after being hired; and (2) all other construction workers working on the construction site to complete a specified 10-hour course not later than 15 days after being hired.

      Section 8 of this bill requires the Division of Industrial Relations of the Department of Business and Industry to adopt regulations approving courses which may be used to fulfill the requirements of section 10. Section 8.5 of this bill requires providers of approved courses to display the card evidencing their authorization by the Occupational Safety and Health Administration of the United States Department of Labor to provide such a course at the location at which the course is being provided.

      Section 11 of this bill requires employers to suspend or terminate the employment of an employee on a construction site who fails to provide proof of obtaining the required training not later than 15 days after being hired. Section 12 of this bill provides for administrative fines for employers who fail to suspend or terminate certain employees on a construction site after the 15-day period if those employees have not obtained the required training.

      Section 15 of this bill: (1) allows employees to satisfy the requirements of section 10 of this bill by completing an alternative course offered by their employer; (2) requires an employee that satisfies the requirements of section 10 by completing an alternative course to take an approved course before January 1, 2011; and (3) requires an employer to maintain and make available to the Division of Industrial Relations a record of all employees that have completed an alternative course until a date to be established by the Division by regulation.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 618 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Construction site” means any location at which construction work is being commenced or is in progress.

      Sec. 3.5.  1.  “Construction worker” means a person who actually performs physical work at a construction site:

      (a) That results in the construction, alteration or destruction involved in the construction project, including, without limitation, painting and decorating; or

      (b) Who supervises any person engaged in work described in paragraph (a).

 


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ê2009 Statutes of Nevada, Page 2421 (Chapter 432, AB 148)ê

 

      2.  The term does not include a person to the extent that the person performs or supervises another person who performs work which is conducted:

      (a) For the upkeep of an existing property for which a certificate of occupancy has been issued by the appropriate building inspector or other authority; and

      (b) To prevent the property from degrading, to maintain the property in its original condition or to maintain the operational soundness of the property, including, without limitation, by repairing components of the property or by replacing components of the property with the same or similar components.

      Sec. 4.  “OSHA-10 course” means a 10-hour course in construction industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

      Sec. 5.  “OSHA-30 course” means a 30-hour course in construction industry safety and health hazard recognition and prevention developed by the Occupational Safety and Health Administration of the United States Department of Labor.

      Sec. 6.  “Supervisory employee” means any person having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday.

      Sec. 6.5.  The provisions of sections 2 to 12, inclusive, of this act do not apply to:

      1.  The Department of Transportation; or

      2.  An employee of the Department of Transportation while performing his duties as an employee of the Department.

      Sec. 7.  The Division may adopt such regulations as are necessary to carry out the provisions of sections 2 to 12, inclusive, of this act.

      Sec. 8.  1.  The Division shall, by regulation, approve OSHA-10 courses and OSHA-30 courses for the purposes of fulfilling the requirements of section 10 of this act.

      2.  The Division shall establish a registry to track the providers of courses approved pursuant to subsection 1.

      3.  The Division shall adopt regulations that set forth guidelines for job-specific training to qualify as continuing education for the purposes of section 10 of this act.

      Sec. 8.5.  1.  Each trainer shall display his trainer card in a conspicuous manner at each location where he provides an OSHA-10 course or OSHA-30 course.

      2.  No person other than a trainer may provide an OSHA-10 course or OSHA-30 course.

      3.  As used in this section:

      (a) “Trainer” means a person who is currently authorized by the Occupational Safety and Health Administration of the United States Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course for the Construction Industry.

 


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ê2009 Statutes of Nevada, Page 2422 (Chapter 432, AB 148)ê

 

Department of Labor as a trainer, including, without limitation, a person who has completed OSHA 500, the Trainer Course for the Construction Industry.

      (b) “Trainer card” means the card issued upon completion of OSHA 500, the Trainer Course for the Construction Industry, which reflects the authorization of the holder by the Occupational Safety and Health Administration of the United States Department of Labor to provide OSHA-10 courses and OSHA-30 courses.

      Sec. 9.  (Deleted by amendment.)

      Sec. 10.  1.  Not later than 15 days after the date a construction worker other than a supervisory employee is hired, the construction worker must:

      (a) Obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 8 of this act; or

      (b) Complete an OSHA-10 alternative course which is offered by his employer.

      2.  Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must:

      (a) Obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 8 of this act; or

      (b) Complete an OSHA-30 alternative course which is offered by his employer.

      3.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

      (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

      (b) Providing proof satisfactory to the Division that the construction worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 8 of this act in an amount of:

            (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

            (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

      4.  As used in this section:

      (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that:

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that:

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

 


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ê2009 Statutes of Nevada, Page 2423 (Chapter 432, AB 148)ê

 

Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      Sec. 11.  1.  If a construction worker other than a supervisory employee fails to:

      (a) Present his employer with a current and valid completion card for an OSHA-10 course; or

      (b) Complete an OSHA-10 alternative course offered by his employer,

Ê not later than 15 days after being hired, his employer shall suspend or terminate his employment.

      2.  If a supervisory employee on a construction site fails to:

      (a) Present his employer with a current and valid completion card for an OSHA-30 course; or

      (b) Complete an OSHA-30 alternative course offered by his employer,

Ê not later than 15 days after being hired, his employer shall suspend or terminate his employment.

      3.  As used in this section:

      (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that:

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that:

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      Sec. 12.  1.  If the Division finds that an employer has failed to suspend or terminate an employee as required by section 11 of this act, it shall:

      (a) Upon the first violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $500.

      (b) Upon the second violation, in lieu of any other penalty under this chapter, impose upon the employer an administrative fine of not more than $1,000.

      (c) Upon the third and each subsequent violation, impose upon the employer the penalty provided in NRS 618.635 as if the employer had committed a willful violation.

      2.  For the purposes of this section, any number of violations discovered in a single day constitute a single violation.

      3.  Before a fine or any other penalty is imposed upon an employer pursuant to this section, the Division must follow the procedures set forth in this chapter for the issuance of a citation, including, without limitation, the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.

 


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ê2009 Statutes of Nevada, Page 2424 (Chapter 432, AB 148)ê

 

the procedures set forth in NRS 618.475 for notice to the employer and an opportunity for the employer to contest the violation.

      Sec. 13.  Section 10 of this act is hereby amended to read as follows:

      Sec. 10.  1.  Not later than 15 days after the date a construction worker other than a supervisory employee is hired, the construction worker must [:

      (a) Obtain] obtain a completion card for an OSHA-10 course which is issued upon completion of a course approved by the Division pursuant to section 8 of this act . [; or

      (b) Complete an OSHA-10 alternative course which is offered by his employer.]

      2.  Not later than 15 days after the date a supervisory employee is hired, the supervisory employee must [:

      (a) Obtain] obtain a completion card for an OSHA-30 course which is issued upon completion of a course approved by the Division pursuant to section 8 of this act . [; or

      (b) Complete an OSHA-30 alternative course which is offered by his employer.]

      3.  Any completion card used to satisfy the requirements of this section expires 5 years after the date it is issued and may be renewed by:

      (a) Completing an OSHA-10 course or OSHA-30 course, as applicable, within the previous 5 years; or

      (b) Providing proof satisfactory to the Division that the construction worker has completed continuing education within the previous 5 years consisting of job-specific training that meets the guidelines established by the Division pursuant to section 8 of this act in an amount of:

            (1) For a completion card issued for an OSHA-10 course, not less than 5 hours; or

            (2) For a completion card issued for an OSHA-30 course, not less than 15 hours.

      Sec. 14.  Section 11 of this act is hereby amended to read as follows:

      Sec. 11.  1.  If a construction worker other than a supervisory employee fails to [:

      (a) Present] present his employer with a current and valid completion card for an OSHA-10 course [; or

      (b) Complete an OSHA-10 alternative course offered by his employer,

Ê] not later than 15 days after being hired, his employer shall suspend or terminate his employment.

      2.  If a supervisory employee on a construction site fails to [:

      (a) Present] present his employer with a current and valid completion card for an OSHA-30 course [; or

      (b) Complete an OSHA-30 alternative course offered by his employer,

Ê] not later than 15 days after being hired, his employer shall suspend or terminate his employment.

      [3.  As used in this section:

      (a) “OSHA-10 alternative course” means a 10-hour course offered to the employees of an employer that:

 


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ê2009 Statutes of Nevada, Page 2425 (Chapter 432, AB 148)ê

 

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-10 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.

      (b) “OSHA-30 alternative course” means a 30-hour course offered to the employees of an employer that:

            (1) Is approved by the safety committee of the employer established pursuant to NRS 618.383; and

            (2) Meets or exceeds the guidelines issued by the Occupational Safety and Health Administration of the United States Department of Labor for an OSHA-30 course, including, without limitation, federal safety and health regulatory requirements specific to the industry in which the employer participates.]

      Sec. 15.  1.  Not later than January 1, 2011, an employee that satisfies the requirements of subsection 1 or 2 of section 10 of this act by completing an OSHA-10 alternative course or OSHA-30 alternative course, as defined in section 10 of this act, must complete an OSHA-10 course or OSHA-30 course, as defined in sections 4 and 5 of this act, as applicable, in order to continue to satisfy the requirements of subsection 1 or 2 of section 10 of this act.

      2.  An employer shall maintain a record of all employees that have completed an OSHA-10 alternative course or OSHA-30 alternative course offered by the employer and the date upon which the employee completed the course. The employer shall make the record available at all times for inspection by the Division of Industrial Relations of the Department of Business and Industry and its authorized agents.

      3.  The Division of Industrial Relations shall, by regulation, establish the length of time that an employer must maintain the record described in subsection 2.

      Sec. 16.  1.  This section and sections 1 to 12, inclusive, and 15 of this act become effective on January 1, 2010.

      2.  Sections 13 and 14 of this act become effective on January 1, 2011.

________

 


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ê2009 Statutes of Nevada, Page 2426ê

 

CHAPTER 433, AB 214

Assembly Bill No. 214–Assemblywoman Parnell

 

CHAPTER 433

 

AN ACT relating to public employees; including certain employees of the Department of Public Safety and certain park rangers and employees of the Division of State Parks of the State Department of Conservation and Natural Resources in the definition of “police officer” for various purposes relating to industrial injuries and occupational diseases; making an appropriation; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law provides for certain police officers suffering from certain occupational diseases to receive disability benefits. (NRS 617.135, 617.455, 617.457, 617.485, 617.487) Existing law defines “police officer” for the purpose of providing those disability benefits to include various law enforcement officers in this State. (NRS 617.135) Existing law also grants the powers of peace officers to certain park rangers and employees of the Division of State Parks of the State Department of Conservation and Natural Resources. (NRS 289.260)

      Section 1 of this bill expands the definition of “police officer” to make certain employees of the Department of Public Safety and certain park rangers and division employees of the State Department of Conservation and Natural Resources eligible for the disability benefits provided to police officers.

      Section 1.5 of this bill makes an appropriation to the Division of State Parks to provide for any physical examinations or blood tests required pursuant to this bill in the next biennium.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 617.135 is hereby amended to read as follows:

      617.135  “Police officer” includes:

      1.  A sheriff, deputy sheriff, officer of a metropolitan police department or city policeman;

      2.  A chief, inspector, supervisor, commercial officer or trooper of the Nevada Highway Patrol Division of the Department of Public Safety;

      3.  A chief, investigator or agent of the Investigation Division of the Department of Public Safety;

      4.  A chief, supervisor, investigator or training officer of the Training Division of the Department of Public Safety;

      5.  A chief or investigator of an office of the Department of Public Safety that conducts internal investigations of employees of the Department of Public Safety or investigates other issues relating to the professional responsibility of those employees;

      6.  A chief or investigator of the Department of Public Safety whose duties include, without limitation:

      (a) The execution, administration or enforcement of the provisions of chapter 179A of NRS; and

      (b) The provision of technology support services to the Director and the divisions of the Department of Public Safety;

 


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ê2009 Statutes of Nevada, Page 2427 (Chapter 433, AB 214)ê

 

      7.  An officer or investigator of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles;

      [5.] 8.  An investigator of the Division of Compliance Enforcement of the Department of Motor Vehicles;

      [6.] 9.  A member of the police department of the Nevada System of Higher Education;

      [7.] 10.  A:

      (a) Uniformed employee of; or

      (b) Forensic specialist employed by,

Ê the Department of Corrections whose position requires regular and frequent contact with the offenders imprisoned and subjects the employee to recall in emergencies;

      [8.] 11.  A parole and probation officer of the Division of Parole and Probation of the Department of Public Safety;

      [9.] 12.  A forensic specialist or correctional officer employed by the Division of Mental Health and Developmental Services of the Department of Health and Human Services at facilities for mentally disordered offenders;

      [10.] 13.  The State Fire Marshal, his assistant and his deputies; [and

      11.] 14.  A game warden of the Department of Wildlife who has the powers of a peace officer pursuant to NRS 289.280 [.] ; and

      15.  A ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to the Division of State Parks of the State Department of Conservation and Natural Resources to carry out any physical examinations or blood tests required pursuant to this act:

For the Fiscal Year 2009-2010............................................................ $16,615

For the Fiscal Year 2010-2011............................................................ $16,615

      2.  Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2010, and September 16, 2011, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2010, and September 16, 2011, respectively.

      Sec. 2.  1.  A person who, on July 1, 2009, is employed as a ranger or employee of the Division of State Parks of the State Department of Conservation and Natural Resources who has the powers of a peace officer pursuant to NRS 289.260 shall submit to a physical examination pursuant to NRS 617.454, 617.455 and 617.457 and a blood test to screen for hepatitis C pursuant to NRS 617.485 and 617.487 on or after July 1, 2009, but on or before September 30, 2009. Each physical examination and blood test must be paid for by the Department.

      2.  Notwithstanding the provisions of NRS 617.455, 617.457, 617.485 and 617.487, if a person fails to submit to a physical examination or blood test required pursuant to subsection 1, the conclusive presumption relating to diseases of the lungs created by NRS 617.455, diseases of the heart created by NRS 617.457 and infections of hepatitis and hepatitis C pursuant to NRS 617.485 and 617.487 shall be deemed, with regard to that person and for the purposes of those sections, to create a rebuttable presumption that the disease of the lungs or heart or infection of hepatitis or hepatitis C arose out of and in the course of the employment of the person as a ranger or employee specified in subsection 1.

 


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ê2009 Statutes of Nevada, Page 2428 (Chapter 433, AB 214)ê

 

diseases of the lungs created by NRS 617.455, diseases of the heart created by NRS 617.457 and infections of hepatitis and hepatitis C pursuant to NRS 617.485 and 617.487 shall be deemed, with regard to that person and for the purposes of those sections, to create a rebuttable presumption that the disease of the lungs or heart or infection of hepatitis or hepatitis C arose out of and in the course of the employment of the person as a ranger or employee specified in subsection 1.

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

________

 

CHAPTER 434, AB 218

Assembly Bill No. 218–Committee on Judiciary

 

CHAPTER 434

 

AN ACT relating to gaming; authorizing the Nevada Gaming Commission to prescribe the manner of regulating governmental entities that are involved in gaming; revising the definition of “sports pools”; revising the provisions relating to off-track pari-mutuel wagering; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Under existing law, certain persons who are involved in gaming are required to be licensed, registered, found suitable or approved by the Nevada Gaming Commission, including, for example, persons who: (1) deal, operate, carry on, conduct, maintain or expose for play in this State any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool; (2) provide or maintain any information service; (3) operate a gaming salon; (4) receive, directly or indirectly, any compensation or reward or any percentage or share of the money or property played, for keeping, running or carrying on any gambling game, slot machine, gaming device, mobile gaming system, race book or sports pool; (5) furnish any equipment of any gambling game for any interest, percentage or share of the money or property played; or (6) are employees, agents, guardians, personal representatives, lenders or holders of indebtedness of a gaming licensee and who, in the opinion of the Nevada Gaming Commission, have the power to exercise a significant influence over a licensee’s operation of a gaming establishment. (NRS 463.160-463.167)

      Section 1 of this bill provides that if an applicant for a license, registration, finding of suitability or any required approval is a governmental entity or is owned or controlled by a governmental entity, the applicant must file such applications for licenses, registrations, findings of suitability or any other approvals as the Nevada Gaming Commission may prescribe.

      Existing law defines a “sports pool” as the business of accepting wagers on sporting events by any system or method of wagering. (NRS 463.0193) The regulations of the Nevada Gaming Commission provide that a “sports pool” means a business that accepts wagers on sporting events or other events. (Regulation 22.010 of the Nevada Gaming Commission) Section 3 of this bill amends the statutory definition to include “other events” within the definition of “sports pool” in a manner consistent with the regulations.

      Sections 4 and 6 of this bill clarify that, in addition to authorizing off-track pari-mutuel wagering on horse races, existing law also authorizes off-track pari-mutuel wagering on dog races. (NRS 464.005, 466.095)

 


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ê2009 Statutes of Nevada, Page 2429 (Chapter 434, AB 218)ê

 

      Existing law authorizes the Commission to appoint an Off-Track Pari-Mutuel Wagering Committee, which, if appointed, has the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering. (NRS 464.020) Section 5 of this bill provides that any agreement negotiated by the Off-Track Pari-Mutuel Wagering Committee with a track relating to off-track pari-mutuel wagering must not set a different rate for intrastate wagers placed on the licensed premises of a race book and wagers placed through the use of communications technology.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An applicant which is a governmental entity or which is owned or controlled by a governmental entity must file such applications for licenses, registrations, findings of suitability or any other approvals as the Commission may prescribe.

      2.  As used in this section, “governmental entity” means a government or any political subdivision of a government.

      Sec. 2.  NRS 463.016425 is hereby amended to read as follows:

      463.016425  1.  “Interactive gaming” means the conduct of gambling games through the use of communications technology that allows a person, utilizing money, checks, electronic checks, electronic transfers of money, credit cards, debit cards or any other instrumentality, to transmit to a computer information to assist in the placing of a bet or wager and corresponding information related to the display of the game, game outcomes or other similar information. The term does not include the operation of a race book or sports pool that uses communications technology approved by the Board pursuant to regulations adopted by the Commission to accept wagers originating within this state for races , or sporting events [.] or other events.

      2.  As used in this section, “communications technology” means any method used and the components employed by an establishment to facilitate the transmission of information, including, without limitation, transmission and reception by systems based on wire, cable, radio, microwave, light, optics or computer data networks, including, without limitation, the Internet and intranets.

      Sec. 3.  NRS 463.0193 is hereby amended to read as follows:

      463.0193  “Sports pool” means the business of accepting wagers on sporting events or other events by any system or method of wagering.

      Sec. 4.  NRS 464.005 is hereby amended to read as follows:

      464.005  As used in this chapter, unless the context otherwise requires:

      1.  “Gross revenue” means the amount of the commission received by a licensee that is deducted from off-track pari-mutuel wagering, plus breakage and the face amount of unpaid winning tickets that remain unpaid for a period specified by the Nevada Gaming Commission.

      2.  “Off-track pari-mutuel system” means a computerized system, or component of such a system, that is used with regard to a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races.

      3.  “Off-track pari-mutuel wagering” means any pari-mutuel system of wagering approved by the Nevada Gaming Commission for the acceptance of wagers on:

 


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ê2009 Statutes of Nevada, Page 2430 (Chapter 434, AB 218)ê

 

      (a) [Races] Horse or dog races which take place outside of this state; or

      (b) Sporting events.

      4.  “Operator of a system” means a person engaged in providing an off-track pari-mutuel system.

      5.  “Pari-mutuel system of wagering” means any system whereby wagers with respect to the outcome of a race or sporting event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.

      Sec. 5.  NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The Nevada Gaming Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The Nevada Gaming Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by the licensee at the times determined by the Nevada Gaming Commission and only:

      (a) Within the enclosure wherein the race or other sporting event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

Ê This subsection does not prohibit a person licensed to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers from accepting wagers made by wire communication from patrons within the State of Nevada, from other states in which such wagering is legal or from places outside the United States in which such wagering is legal.

      4.  The regulations of the Nevada Gaming Commission may include, without limitation:

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of his application by the Nevada Gaming Commission.

      (d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a race book in this State from another state or another location where placing such a wager is illegal.

      5.  The Nevada Gaming Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of 11 persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

      (a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

 


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ê2009 Statutes of Nevada, Page 2431 (Chapter 434, AB 218)ê

 

      (b) Three members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

      (c) Three other members.

Ê If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

      6.  If the Nevada Gaming Commission appoints an Off-Track Pari-Mutuel Wagering Committee pursuant to subsection 5, the Commission shall:

      (a) Grant to the Off-Track Pari-Mutuel Wagering Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

            (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

            (2) A person who is licensed pursuant to chapter 464 of NRS as an operator of a system.

      (b) Require that any agreement negotiated by the Off-Track Pari-Mutuel Wagering Committee with a track relating to off-track pari-mutuel wagering must not set a different rate for intrastate wagers placed on the licensed premises of a race book and wagers placed through the use of communications technology.

      (c) Require the Off-Track Pari-Mutuel Wagering Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this State.

      7.  The Nevada Gaming Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 6.  NRS 466.095 is hereby amended to read as follows:

      466.095  The Nevada Gaming Commission shall not issue any license [under this chapter] to conduct dog racing or pari-mutuel wagering in connection with [any dog race.] dog racing pursuant to this chapter. This section does not prohibit off-track pari-mutuel wagering on dog racing pursuant to chapter 464 of NRS.

      Sec. 7.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2432ê

 

CHAPTER 435, AB 229

Assembly Bill No. 229–Assemblymen Oceguera, Conklin; Aizley, Atkinson, Bobzien, Dondero Loop, Hogan, Kihuen, Manendo, McClain, Mortenson, Pierce, Segerblom and Spiegel

 

Joint Sponsor: Senator Parks

 

CHAPTER 435

 

AN ACT relating to cigarettes; setting forth the testing requirements and performance standard for fire safety for cigarettes sold or offered for sale in this State; requiring a manufacturer of cigarettes to submit a written certification to the State Fire Marshal concerning the cigarettes that the manufacturer intends to sell in this State; imposing a fee for each cigarette listed in a certification; requiring packages of cigarettes to be marked to indicate compliance of the cigarettes with the testing requirements and performance standard; imposing civil penalties for various violations; creating the Cigarette Fire Safety Standard and Firefighter Protection Fund in the State Treasury; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      This bill, which is modeled on requirements first adopted in New York in 2004, sets forth the testing requirements and performance standard for fire safety for cigarettes sold or offered for sale in Nevada. Section 10 of this bill prohibits the sale of any cigarettes in Nevada which do not meet the testing requirements or performance standard for cigarettes set forth in that section and which have not been certified in accordance with section 11 of this bill or properly marked in accordance with section 12 of this bill. Section 10 also sets forth the testing requirements for cigarettes and the performance standard they must meet, using the ASTM International Standard ASTM E2187-04, while allowing for alternate testing methods and performance standards approved by the State Fire Marshal, and sets forth other requirements manufacturers must meet, such as keeping reports of testing.

      Section 11 of this bill requires a manufacturer of cigarettes to submit to the State Fire Marshal a written certification concerning each cigarette the manufacturer intends to sell in Nevada, certifying that the cigarette meets the testing requirements and performance standard set forth in section 10 of this bill, and to pay a fee of $250 to the State Fire Marshal for each cigarette listed in a certification. Section 11.5 of this bill requires the Executive Director of the Department of Taxation to establish a procedure to ensure that agents, wholesale dealers and retail dealers receive notice of the cigarettes that have been certified by manufacturers. Section 12 of this bill requires that cigarettes which have been certified be marked with the letters “FSC,” signifying “Fire Standard Compliant.”

 


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ê2009 Statutes of Nevada, Page 2433 (Chapter 435, AB 229)ê

 

      Section 13 of this bill provides for the imposition of a civil penalty against a manufacturer, wholesale dealer, retail dealer, agent or other person who violates any provision of this bill. Section 14 of this bill authorizes the State Fire Marshal to adopt regulations to carry out the provisions of this bill. Section 15 of this bill authorizes the Department of Taxation to inspect any packages of cigarettes to determine if they have been properly marked as required by section 12 of this bill. Section 16 of this bill authorizes the Attorney General, the Executive Director of the Department and the State Fire Marshal, and their authorized representatives, and any law enforcement officer to examine the books, papers, invoices and other records of persons in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale in Nevada. Section 17 of this bill creates the Cigarette Fire Safety Standard and Firefighter Protection Fund as a special revenue fund in the State Treasury.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 477 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 19, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 19, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 9, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Agent” means a person authorized by the Department of Taxation to purchase and affix Nevada cigarette revenue stamps to packages of cigarettes.

      Sec. 4.  “Cigarette” means any roll of tobacco:

      1.  Wrapped in paper or any other substance not containing tobacco; or

      2.  Wrapped in any substance containing tobacco which, because of its appearance, its packaging and labeling or the type of tobacco used in the filler, is likely to be offered to or purchased by a person as a cigarette described in subsection 1.

      Sec. 5.  “Manufacturer” means:

      1.  A person who manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced in any location and who intends the cigarettes to be sold in this State, including, without limitation, cigarettes intended to be sold in the United States through an importer; or

      2.  The successor in interest of any person described in subsection 1.

      Sec. 6.  “Retail dealer” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or other tobacco products.

      Sec. 7.  “Sale” means any transfer of title or possession, conditional or otherwise, in any manner or by any means or agreement. The term includes, without limitation, cash and credit sales, the giving of cigarettes as samples, prizes or gifts and the exchanging of cigarettes for consideration other than money.

      Sec. 8.  “Sell” means to make a sale or to offer or agree to make a sale.

      Sec. 9.  “Wholesale dealer” means:

      1.  Any person other than a manufacturer who sells cigarettes or other tobacco products to retail dealers or other persons for purposes of resale; and

 


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ê2009 Statutes of Nevada, Page 2434 (Chapter 435, AB 229)ê

 

      2.  Any person who owns, operates or maintains one or more vending machines which dispense cigarettes or other tobacco products and which are located on premises owned or occupied by another person.

      Sec. 10.  1.  Except as otherwise provided in this section, a person shall not sell or offer to sell any cigarettes in this State unless:

      (a) The cigarettes have been tested in accordance with this section and meet the performance standard required by this section;

      (b) The manufacturer has submitted to the State Fire Marshal, pursuant to section 11 of this act, a written certification in which the cigarettes are listed; and

      (c) The packages that contain the cigarettes have been marked pursuant to section 12 of this act.

      2.  Except as otherwise provided in this section, all cigarettes that are sold or offered for sale in this State must comply with the following method of testing and performance standard:

      (a) The cigarettes must be tested in accordance with the ASTM International Standard ASTM E2187-04, “Standard Test Method for Measuring the Ignition Strength of Cigarettes.”

      (b) The testing must be conducted on 10 layers of filter paper.

      (c) The testing must be conducted by a laboratory which has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization or which meets any other comparable accreditation standard required by the State Fire Marshal.

      (d) The laboratory conducting the testing must have a program for quality control that includes a procedure for determining the repeatability of the test results. The repeatability value must not exceed 0.19.

      (e) Not more than 25 percent of the cigarettes tested in a test trial may exhibit full-length burns in the test trial. Compliance with the performance standard required by this paragraph must be determined based on a complete test trial consisting of 40 replicate tests for each cigarette tested.

      3.  This section does not require additional testing if the cigarettes have been tested for any other purpose in a manner that is consistent with this section.

      4.  Any testing performed or caused to be performed by the State Fire Marshal to determine the compliance of a cigarette with the performance standard required by this section must be conducted in accordance with this section.

      5.  Any cigarette listed in a certification submitted to the State Fire Marshal pursuant to section 11 of this act which uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard required by this section must have not less than two nominally identical bands on the paper surrounding the tobacco column, at least one of which must be located not less than 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there must be at least two bands, one of which is located not less than 15 millimeters from the lighting end of the cigarette and one of which is located not less than 10 millimeters from:

      (a) The filter end of the tobacco column if the cigarette is filtered; or

      (b) The labeled end of the tobacco column if the cigarette is nonfiltered.

 


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ê2009 Statutes of Nevada, Page 2435 (Chapter 435, AB 229)ê

 

      6.  If the State Fire Marshal:

      (a) Determines that a cigarette cannot be tested in accordance with the requirements of subsection 2, the manufacturer of the cigarette shall propose an alternative method of testing and performance standard to the State Fire Marshal for approval and, if the State Fire Marshal approves the alternative method of testing and determines that the alternative performance standard proposed by the manufacturer is substantially equivalent to the performance standard set forth in paragraph (e) of subsection 2, the alternative method of testing and performance standard may be used to certify the cigarette pursuant to section 11 of this act; or

      (b) Determines that:

            (1) Another state has enacted requirements which are substantially similar to those set forth in this section for the fire safety of cigarettes and which include a method of testing and a performance standard that are substantially similar to those set forth in subsection 2; and

            (2) The officials responsible for carrying out those requirements in the other state have approved the alternative method of testing and performance standard for a particular cigarette that the manufacturer has proposed as meeting the fire safety standards of the law of that state under a provision similar to this subsection,

Ê the State Fire Marshal shall authorize the manufacturer to use the alternative method of testing and performance standard to certify that cigarette for sale in this State, unless the State Fire Marshal has a reasonable basis for denying the authorization.

      7.  Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes sold or offered for sale in this State for a period of 3 years after the completion of the testing and shall make copies of the reports available to the State Fire Marshal and the Attorney General upon written request. Any manufacturer that fails to make such copies available to the State Fire Marshal or Attorney General within 60 days after receiving a written request therefor is subject to a civil penalty not to exceed $10,000 for each day after the 60th day that the manufacturer fails to make the copies available.

      8.  The State Fire Marshal may, by regulation, adopt by reference a subsequent ASTM International Standard Test Method for Measuring the Ignition Strength of Cigarettes if he determines that the subsequent method of testing does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with the ASTM International Standard ASTM E2187-04 and the performance standard set forth in paragraph (e) of subsection 2. If the State Fire Marshal adopts the subsequent method of testing, it may be used as an alternative method for the certification of cigarettes.

      9.  This section does not prohibit:

      (a) A wholesale dealer or retail dealer from selling his existing inventory of cigarettes on or after the effective date of this section if the wholesale dealer or retail dealer can establish that Nevada cigarette revenue stamps were affixed to the packages of cigarettes before the effective date of this section and the cigarettes were purchased by the wholesale dealer or retail dealer before the effective date of this section in a quantity comparable to the inventory purchased by the wholesale dealer or retail dealer during the same period of the immediately preceding year.

 


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ê2009 Statutes of Nevada, Page 2436 (Chapter 435, AB 229)ê

 

      (b) The sale of cigarettes solely for the purpose of consumer testing. As used in this paragraph, “consumer testing” means an assessment of cigarettes that is conducted by a manufacturer, or under the control and direction of a manufacturer, to evaluate consumer acceptance of the cigarettes, using only the number of cigarettes that is reasonably necessary for that assessment.

      10.  As used in this section, unless the context otherwise requires:

      (a) “Program for quality control” means a program pursuant to which laboratory procedures are established to ensure that:

            (1) The test results are not affected by operator bias, systematic and nonsystematic methodological errors or equipment-related problems; and

            (2) The repeatability of the test results remains within the required repeatability value set forth in paragraph (d) of subsection 2 for all test trials used to certify cigarettes.

      (b) “Repeatability value” means the range of values within which the repeat results of cigarette test trials conducted by a single laboratory will fall 95 percent of the time.

      Sec. 11.  1.  Each manufacturer shall submit to the State Fire Marshal a written certification of the cigarettes that the manufacturer intends to sell in this State attesting that each cigarette listed in the certification has been tested in accordance with and meets the applicable performance standard set forth in section 10 of this act.

      2.  The description of each cigarette listed in the certification must include, without limitation:

      (a) The brand or trade name on the package;

      (b) The style, such as light or ultra light;

      (c) The length in millimeters;

      (d) The circumference in millimeters;

      (e) The flavor, such as menthol or chocolate, if applicable;

      (f) Whether the cigarette is filtered or nonfiltered;

      (g) The package description, such as soft pack or box;

      (h) The marking pursuant to section 12 of this act;

      (i) The name, address and telephone number of the laboratory that conducted the testing of the cigarette; and

      (j) The date that the testing occurred.

      3.  The State Fire Marshal shall make the certifications that are submitted to him pursuant to this section available to the Attorney General for purposes consistent with sections 2 to 19, inclusive, of this act and to the Executive Director of the Department of Taxation for the purpose of ensuring compliance with this section and section 11.5 of this act.

      4.  Each cigarette certified under this section must be recertified every 3 years.

      5.  A manufacturer shall pay to the State Fire Marshal a fee of $1,000 for each brand family of cigarettes listed in the certification. The fee paid applies to all cigarettes within the brand family certified and must include any new cigarettes certified within the brand family during the 3-year certification period. All fees collected pursuant to this section must be deposited in the Cigarette Fire Safety Standard and Firefighter Protection Fund created by section 17 of this act. As used in this subsection, “brand family” means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, without limitation, “menthol,” “lights,” “kings” and “100s,” and includes any brand name, whether or not occurring alone or in conjunction with any other word, any trademark, logo, symbol, motto, selling message or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

 


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ê2009 Statutes of Nevada, Page 2437 (Chapter 435, AB 229)ê

 

“100s,” and includes any brand name, whether or not occurring alone or in conjunction with any other word, any trademark, logo, symbol, motto, selling message or recognizable pattern of colors, or any other indicia of product identification identical or similar to, or identifiable with, a previously known brand of cigarettes.

      6.  If a manufacturer has certified a cigarette pursuant to this section and subsequently makes any change to the cigarette that is likely to alter its compliance with the performance standard required by section 10 of this act, the cigarette must not be sold or offered for sale in this State unless the manufacturer retests the cigarette pursuant to section 10 of this act and maintains the reports of the retesting in accordance with that section. Any altered cigarette that does not meet the applicable performance standard set forth in section 10 of this act must not be sold or offered for sale in this State.

      Sec. 11.5.  The Executive Director of the Department of Taxation shall establish a procedure to ensure that agents, wholesale dealers and retail dealers receive notice of the cigarettes that have been certified by manufacturers pursuant to section 11 of this act. The procedure may include, without limitation, listing the brands and styles of cigarettes which have been certified on an Internet website maintained by the Department.

      Sec. 12.  1.  Packages that contain cigarettes which have been certified by a manufacturer in accordance with section 11 of this act must be marked to indicate compliance with section 10 of this act. The marking must be set forth in not less than 8-point type and consist of the letters “FSC,” signifying “Fire Standard Compliant,” and be permanently printed, stamped, engraved or embossed on the package at or near the UPC label.

      2.  A manufacturer shall use only one marking and shall apply the marking uniformly for all packages, including, without limitation, packs, cartons, cases and brands marketed by that manufacturer.

      3.  A manufacturer that certifies a cigarette in accordance with section 11 of this act shall provide a copy of the certification to each wholesale dealer and agent to whom the manufacturer sells cigarettes. A wholesale dealer, retail dealer or agent shall allow the State Fire Marshal, the Executive Director of the Department of Taxation and the Attorney General, and their respective employees, to inspect the markings of cigarette packaging marked in accordance with this section.

      Sec. 13.  1.  Any manufacturer, wholesale dealer, agent or other person that knowingly sells cigarettes in this State, other than through retail sale, in violation of section 10 of this act is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the person must not exceed $100,000 during any 30-day period.

      2.  A retail dealer that knowingly sells cigarettes in this State in violation of section 10 of this act is subject to a civil penalty not to exceed $100 for each pack of such cigarettes sold, except that the penalty against the retail dealer must not exceed $25,000 during any 30-day period.

      3.  In addition to any other penalty prescribed by law, any manufacturer of cigarettes that knowingly makes a false certification pursuant to section 11 of this act is subject to a civil penalty of not less than $75,000 or more than $250,000 for each false certification.

 


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ê2009 Statutes of Nevada, Page 2438 (Chapter 435, AB 229)ê

 

      4.  A person who violates any other provision of sections 2 to 19, inclusive, of this act is subject to a civil penalty of not more than $1,000 for the first offense and not more than $5,000 for each subsequent offense.

      5.  A law enforcement officer, authorized representative of the Department of Taxation or authorized representative of the State Fire Marshal who discovers any cigarettes for sale in this State for which no certification has been submitted pursuant to section 11 of this act or which are not marked pursuant to section 12 of this act may seize the cigarettes. Cigarettes seized pursuant to this section must be destroyed after the true holder of the trademark rights in the cigarette brand is allowed to inspect the cigarettes.

      6.  Each violation of any provision of sections 2 to 19, inclusive, of this act or any regulation adopted pursuant thereto constitutes a separate civil violation for which the State Fire Marshal or the Attorney General may obtain relief. In addition to any other remedy provided by law, the Attorney General may file an action in a court of competent jurisdiction concerning a violation of any provision of sections 2 to 19, inclusive, of this act or any regulation adopted pursuant thereto, including, without limitation, petitioning for:

      (a) Preliminary or permanent injunctive relief against any manufacturer, importer, wholesale dealer, retail dealer, agent or other person to enjoin the person from selling or affixing Nevada cigarette revenue stamps to any package of cigarettes that contains cigarettes which do not comply with the requirements of sections 2 to 19, inclusive, of this act. Upon obtaining judgment for injunctive relief, the State Fire Marshal or Attorney General shall provide a copy of the judgment to all wholesale dealers and agents to whom the cigarette has been sold.

      (b) The recovery of any civil penalty authorized by the provisions of sections 2 to 19, inclusive, of this act.

      (c) The recovery of any costs or damages incurred by this State because of a violation of sections 2 to 19, inclusive, of this act, including, without limitation, enforcement costs relating to a specific violation and attorney’s fees.

      7.  All money collected pursuant to this section must be deposited in the Cigarette Fire Safety Standard and Firefighter Protection Fund created by section 17 of this act.

      Sec. 14.  The State Fire Marshal may adopt such regulations as he determines necessary to carry out the provisions of sections 2 to 19, inclusive, of this act.

      Sec. 15.  The Department of Taxation, in the regular course of conducting inspections of wholesale dealers, retail dealers and agents pursuant to NRS 370.001 to 370.530, inclusive, may inspect any packages of cigarettes to determine if they have been marked in accordance with section 12 of this act. If the packages of cigarettes are not marked as required, the Executive Director of the Department of Taxation shall notify the State Fire Marshal and may seize the packages of cigarettes pursuant to subsection 5 of section 13 of this act.

      Sec. 16.  The Attorney General, the Executive Director of the Department of Taxation and the State Fire Marshal, and their authorized representatives, and any law enforcement officer may examine the books, papers, invoices and other records of any person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale in this State, including, without limitation, any stock of cigarettes on the premises.

 


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ê2009 Statutes of Nevada, Page 2439 (Chapter 435, AB 229)ê

 

offered for sale in this State, including, without limitation, any stock of cigarettes on the premises. Each person in possession, control or occupancy of any premises where cigarettes are placed, stored, sold or offered for sale in this State shall cooperate in any such examination.

      Sec. 17.  1.  The Cigarette Fire Safety Standard and Firefighter Protection Fund is hereby created in the State Treasury as a special revenue fund. All money received for the use of the Fund pursuant to sections 2 to 19, inclusive, of this act or from any other source must be deposited in the Fund.

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

      3.  The State Fire Marshal shall administer the Fund and may expend any money in the Fund to support fire safety and fire prevention programs.

      Sec. 18.  On or before January 30 of each odd-numbered year, the State Fire Marshal shall submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning the effectiveness of the provisions of sections 2 to 19, inclusive, of this act and any recommendations for legislation to improve the effectiveness of sections 2 to 19, inclusive, of this act.

      Sec. 19.  1.  The provisions of sections 2 to 19, inclusive, of this act must, to the extent practicable, be interpreted and construed to effectuate the general purpose of those provisions to make uniform the laws of those states that have enacted similar legislation.

      2.  The provisions of sections 2 to 19, inclusive, of this act must not be construed to prohibit any person from manufacturing or selling cigarettes that do not meet the requirements of section 10 of this act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this State.

      Sec. 20.  1.  Any ordinance or regulation adopted by a local government which conflicts with any provision of sections 2 to 19, inclusive, of this act or any regulation adopted pursuant thereto is void and must not be given effect to the extent of the conflict.

      2.  Notwithstanding any specific statute to the contrary, no local government may adopt any ordinance or regulation which conflicts with any provision of sections 2 to 19, inclusive, of this act or any regulation adopted pursuant thereto.

      3.  As used in this section, “local government” means any political subdivision of this State, including, without limitation, a county, city or town.

      Sec. 21.  1.  This section and sections 1, 14 and 20 of this act become effective upon passage and approval.

      2.  Sections 2 to 13, inclusive, and 15 to 19, inclusive, of this act become effective 1 year after passage and approval.

      3.  This section and sections 2 to 16, inclusive, 18, 19 and 20 of this act expire by limitation on the date upon which a federal law establishing standards for fire-safe cigarettes becomes effective.

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ê2009 Statutes of Nevada, Page 2440ê

 

CHAPTER 436, AB 430

Assembly Bill No. 430–Assemblymen Pierce, Koivisto; Arberry, Atkinson, Hogan, Horne, Kihuen, Kirkpatrick, Leslie, McClain, Mortenson, Munford, Oceguera, Ohrenschall and Segerblom

 

Joint Sponsor: Senator Parks

 

CHAPTER 436

 

AN ACT relating to children’s products; prohibiting the advertisement, sale, lease, sublet or distribution of children’s products under certain circumstances; prohibiting certain commercial activity regarding unsafe cribs; providing that a violation of provisions relating to unsafe cribs or to children’s products is a deceptive trade practice; providing a penalty; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Section 7 of this bill provides that a retailer of a new or used product intended for children under 12 years of age may not advertise, sell or offer for sale, lease, sublet or otherwise distribute the product if the product is subject to a recall notice, is subject to a warning indicating that the use of the product constitutes a health or safety hazard or has been banned or designated as a health or safety hazard by the United States Consumer Product Safety Commission or the manufacturer of the product. Section 7 also requires a retailer to subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission and manufacturers from whom the retailer receives children’s products. Section 7 further requires a retailer to comply with all instructions issued for the disposal, return, repair, retrofitting, labeling or remediation of children’s products which are the subject of a recall notice or other warning. Section 18 of this bill makes it a deceptive trade practice for a person to knowingly and willfully violate any provision relating to unsafe cribs or to children’s products that are subject to a recall notice or a warning, which therefore puts such violations within the purview of the provisions in chapter 598 of NRS that impose civil and criminal penalties. (NRS 598.092)

      Sections 9-17 of this bill establish the Infant Crib Safety Act. Section 14 prohibits persons from remanufacturing, retrofitting, selling, contracting to sell or resell, subletting or otherwise placing in the stream of commerce a crib that is unsafe for use by an infant. Section 14 also describes the types of cribs that are presumed unsafe. Section 15 establishes civil penalties for persons who violate any provision relating to unsafe cribs. Section 16 exempts antique or vintage cribs from the provisions relating to unsafe cribs if such a crib is accompanied with a written notice provided by a commercial user stating that it is not intended for use by an infant. Section 16 further releases from liability any commercial user who complies with the notice requirement. Section 17 authorizes any person to maintain an action against a commercial user who violates any provision relating to unsafe cribs.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 17, inclusive, of this act.

      Sec. 2.  As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

 


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ê2009 Statutes of Nevada, Page 2441 (Chapter 436, AB 430)ê

 

      Sec. 3.  “Children’s product” means a consumer product that is designed or intended:

      1.  For the care of or use by a child under 12 years of age; or

      2.  To come into physical contact with a child under 12 years of age at the time the product is used.

Ê For the purposes of this subsection, “children’s product” does not include soap or any medication, drug, food or other product that is intended to be ingested or that is regulated by the Food and Drug Administration of the United States Department of Health and Human Services.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5.  “Retailer” means a person who, in the ordinary course of his business, advertises, sells or offers for sale, leases, sublets or otherwise distributes a new or used children’s product to consumers in this State, including, without limitation, thrift stores, second-hand stores and consignment stores.

      Sec. 6.  “Warning” means a communication which is about a health or safety hazard that a children’s product poses to consumers and which is:

      1.  Directed to a retailer; and

      2.  Intended to inform the retailer about the health or safety hazard, instruct the retailer to remove the children’s product from the retailer’s inventory or provide the retailer with a method to eliminate the health or safety hazard from the children’s product.

Ê For the purposes of this section, “warning” does not include a communication which is directed to consumers and affixed to the children’s product or any packaging material for the children’s product or provided by the retailer to the consumer as part of a transaction relating to the children’s product.

      Sec. 7.  1.  A retailer shall not advertise, sell or offer for sale, lease, sublet or otherwise distribute a children’s product to consumers in this State if the children’s product is:

      (a) Subject to a recall notice issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency; or

      (b) The subject of a warning issued by the manufacturer of the children’s product or the United States Consumer Product Safety Commission or its successor agency indicating that the intended use of the children’s product constitutes a health or safety hazard, unless the retailer has eliminated the hazard in strict compliance with any standards and instructions that are provided in or related to the warning.

      2.  A retailer shall:

      (a) Subscribe to or arrange to receive recall notices and warnings issued by the United States Consumer Product Safety Commission or its successor agency and manufacturers from whom the retailer receives children’s products;

      (b) Dispose of any children’s product identified in a recall notice or a warning issued by or in cooperation with the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product in strict compliance with disposal instructions included with or related to the recall notice or the warning; and

 


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ê2009 Statutes of Nevada, Page 2442 (Chapter 436, AB 430)ê

 

      (c) Comply strictly with instructions issued with or related to a recall notice or a warning issued by the United States Consumer Product Safety Commission or its successor agency or the manufacturer of the children’s product for the return, repair, retrofitting, labeling or remediation of any children’s product.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9.  Sections 9 to 17, inclusive, of this act may be referred to as the Infant Crib Safety Act.

      Sec. 10.  As used in sections 9 to 17, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 11, 12 and 13 of this act have the meanings ascribed to them in those sections.

      Sec. 11.  “Commercial user” means any person, firm, corporation, association or nonprofit corporation, or any agent or employee thereof, including, without limitation, a child care facility licensed and in good standing pursuant to chapter 432A of NRS, who:

      1.  Deals in cribs of the kind governed by sections 9 to 17, inclusive, of this act;

      2.  By virtue of the person’s occupation, purports to have knowledge or skill peculiar to cribs of the kind governed by sections 9 to 17, inclusive, of this act; or

      3.  Is in the business of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing cribs in the stream of commerce.

      Sec. 12.  “Crib” means:

      1.  Any full-size baby crib as described in 16 C.F.R. § 1508.3; or

      2.  Any non-full-size baby crib as that term is defined in 16 C.F.R. § 1509.2(b).

      Sec. 13.  “Infant” means a child who is under 3 years of age.

      Sec. 14.  1.  A person, including, without limitation, a commercial user, shall not remanufacture, retrofit, sell, contract to sell or resell, lease, sublet or otherwise place in the stream of commerce a crib that is unsafe for use by an infant.

      2.  A crib is presumed to be unsafe if it does not conform to the standards set forth in:

      (a) 16 C.F.R. Part 1303;

      (b) 16 C.F.R. Part 1508;

      (c) 16 C.F.R. Part 1509; and

      (d) The American Society for Testing and Materials voluntary standards F966-90, F1169.88 and F406.

      3.  Cribs that are presumed to be unsafe pursuant to subsection 2 also include, without limitation, cribs with one or more of the following features or characteristics:

      (a) Corner posts that extend more than 1/16 of an inch;

      (b) Spaces between side slats more than 2 3/8 inches;

      (c) Mattress supports that can be easily dislodged from any point of the crib;

      (d) Cutout designs on the end panels;

      (e) Rail height dimensions that do not conform to the following:

            (1) The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least 9 inches; or

 


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ê2009 Statutes of Nevada, Page 2443 (Chapter 436, AB 430)ê

 

            (2) The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 26 inches;

      (f) Any screw, bolt or hardware that is loose or not secured;

      (g) Sharp edges, points, rough surfaces or any wood surfaces that are not smooth and free from splinters, splits or cracks; or

      (h) Tears in mesh or fabric sides.

      4.  For the purposes of paragraph (c) of subsection 3, a mattress support is deemed to be easily dislodged if it cannot withstand a 25-pound upward force from beneath the crib.

      Sec. 15.  1.  A commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in section 14 of this act commits an offense punishable by a fine not to exceed $1,000.

      2.  A person other than a commercial user who willfully and knowingly sells, leases or otherwise places in the stream of commerce an unsafe crib as described in section 14 of this act commits an offense punishable by a fine not to exceed $200.

      Sec. 16.  1.  The provisions of sections 9 to 15, inclusive, of this act do not apply to any antique or vintage crib if the antique or vintage crib is:

      (a) Not intended for use by an infant; and

      (b) At the time of remanufacturing, retrofitting, selling, leasing, subletting or otherwise placing in the stream of commerce, is accompanied with a written notice provided by the commercial user stating that the crib is not intended for use by an infant and that the crib is dangerous for use by an infant.

      2.  A commercial user who complies with the notice requirement in subsection 1 shall not be held liable for any death or injury as a result of the use of an antique or vintage crib in a manner inconsistent with the warning provided in the written notice.

      3.  As used in this section, “antique or vintage crib” means a crib that is:

      (a) Fifty years or older, as measured from the current year;

      (b) Maintained as a collector’s item; and

      (c) Not intended for use by an infant.

      Sec. 17.  In addition to any other remedy provided by law, any person may maintain an action against a commercial user who violates the provisions of section 14 of this act, seek to enjoin the remanufacture, retrofitting, sale, contract to sell or resell, lease or subletting of a crib that is unsafe for an infant and seek reasonable attorney’s fees and costs.

      Sec. 18.  NRS 598.092 is hereby amended to read as follows:

      598.092  A person engages in a “deceptive trade practice” when in the course of his business or occupation he:

      1.  Knowingly fails to identify goods for sale or lease as being damaged by water.

      2.  Solicits by telephone or door to door as a lessor or seller, unless the lessor or seller identifies himself, whom he represents and the purpose of his call within 30 seconds after beginning the conversation.

      3.  Knowingly states that services, replacement parts or repairs are needed when no such services, replacement parts or repairs are actually needed.

 


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ê2009 Statutes of Nevada, Page 2444 (Chapter 436, AB 430)ê

 

      4.  Fails to make delivery of goods or services for sale or lease within a reasonable time or to make a refund for the goods or services, if he allows refunds.

      5.  Advertises or offers an opportunity for investment and:

      (a) Represents that the investment is guaranteed, secured or protected in a manner which he knows or has reason to know is false or misleading;

      (b) Represents that the investment will earn a rate of return which he knows or has reason to know is false or misleading;

      (c) Makes any untrue statement of a material fact or omits to state a material fact which is necessary to make another statement, considering the circumstances under which it is made, not misleading;

      (d) Fails to maintain adequate records so that an investor may determine how his money is invested;

      (e) Fails to provide information to an investor after a reasonable request for information concerning his investment;

      (f) Fails to comply with any law or regulation for the marketing of securities or other investments; or

      (g) Represents that he is licensed by an agency of the State to sell or offer for sale investments or services for investments if he is not so licensed.

      6.  Charges a fee for advice with respect to investment of money and fails to disclose:

      (a) That he is selling or offering to lease goods or services and, if he is, their identity; or

      (b) That he is licensed by an agency of any state or of the United States to sell or to offer for sale investments or services for investments [,] or holds any other license related to the service he is providing.

      7.  Notifies any person, by any means, as a part of an advertising plan or scheme, that he has won a prize and that as a condition of receiving the prize he must purchase or lease goods or services.

      8.  Knowingly misrepresents the legal rights, obligations or remedies of a party to a transaction.

      9.  Fails, in a consumer transaction that is rescinded, cancelled or otherwise terminated in accordance with the terms of an agreement, advertisement, representation or provision of law, to promptly restore to a person entitled to it a deposit, down payment or other payment or, in the case of property traded in but not available, the agreed value of the property [,] or fails to cancel within a specified time or an otherwise reasonable time an acquired security interest. This subsection does not apply to a person who is holding a deposit, down payment or other payment on behalf of another if all parties to the transaction have not agreed to the release of the deposit, down payment or other payment.

      10.  Fails to inform customers, if he does not allow refunds or exchanges, that he does not allow refunds or exchanges by:

      (a) Printing a statement on the face of the lease or sales receipt;

      (b) Printing a statement on the face of the price tag; or

      (c) Posting in an open and conspicuous place a sign at least 8 by 10 inches in size with boldface letters,

Ê specifying that no refunds or exchanges are allowed.

      11.  Knowingly and willfully violates section 7 or 14 of this act.

      Sec. 19.  (Deleted by amendment.)

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ê2009 Statutes of Nevada, Page 2445ê

 

CHAPTER 437, AB 461

Assembly Bill No. 461–Assemblywoman McClain

 

CHAPTER 437

 

AN ACT relating to older persons; revising the provisions pertaining to the reporting of abuse, neglect, exploitation or isolation of an older person; providing for the establishment of a multidisciplinary team; making various other changes relating to older persons; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires certain governmental entities to forward to the Aging Services Division of the Department of Health and Human Services and to the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General a copy of the final report of the investigation of a report of abuse, neglect, exploitation or isolation of an older person. (NRS 200.5093) Section 1 of this bill: (1) adds the Repository for Information Concerning Crimes Against Older Persons to the list of entities that must be forwarded a copy of such a report; and (2) changes the period within which the report must be forwarded from 90 days after the completion of the report to 30 days after the completion of the report.

      Section 5 of this bill allows the Repository for Information Concerning Crimes Against Older Persons to include records of every incident of elder abuse reported to any entity and certain additional information related to each incident. (NRS 179A.450)

      Section 6 of this bill allows the Unit for the Investigation and Prosecution of Crimes Against Older Persons to establish a multidisciplinary team to review any allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person as the result of abuse, neglect or isolation and prescribes its membership. (NRS 228.270) The establishment of such a team does not grant the Unit supervisory authority over any state or local agency that investigates or prosecutes allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person as the result of abuse, neglect or isolation.

      Section 7 of this bill requires the Peace Officers’ Standards and Training Commission to adopt regulations that require all peace officers to receive training in the handling of cases involving abuse, neglect, exploitation and isolation of older persons. (NRS 289.510)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in his professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited or isolated shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation or isolation of the older person to:

            (1) The local office of the Aging Services Division of the Department of Health and Human Services;

            (2) A police department or sheriff’s office;

            (3) The county’s office for protective services, if one exists in the county where the suspected action occurred; or

 


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ê2009 Statutes of Nevada, Page 2446 (Chapter 437, AB 461)ê

 

            (4) A toll-free telephone service designated by the Aging Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited or isolated.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation or isolation of the older person involves an act or omission of the Aging Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, athletic trainer, driver of an ambulance, advanced emergency medical technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited or isolated.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation or isolation of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 426.218.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation or isolation of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

 


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ê2009 Statutes of Nevada, Page 2447 (Chapter 437, AB 461)ê

 

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect or isolation, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the :

      (a) Aging Services Division [within 90 days after the completion of the report, and a copy of any final report of an investigation must be forwarded to the] ;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes . [within 90 days after completion of the report.]

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited or isolated, the Aging Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if he is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5.  NRS 179A.450 is hereby amended to read as follows:

      179A.450  1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of crimes against older persons committed in this State . [that] The record must be prepared in a manner approved by the Director of the Department [.] and may include, without limitation, the following information:

      (a) All incidents that are reported to any entity.

      (b) All cases that are currently under investigation and the type of such cases.

      (c) All cases that are referred for prosecution and the type of such cases.

      (d) All cases in which prosecution is declined or dismissed and any reason for such action.

 


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ê2009 Statutes of Nevada, Page 2448 (Chapter 437, AB 461)ê

 

      (e) All cases that are prosecuted and the final disposition of such cases.

      (f) All cases that are resolved by agencies which provide protective services and the type of such cases.

      3.  The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of crimes against older persons.

      4.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on crimes against older persons.

      5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim of a crime.

      6.  As used in this section, “older person” means a person who is 60 years of age or older.

      Sec. 6.  NRS 228.270 is hereby amended to read as follows:

      228.270  1.  The Unit may investigate and prosecute any alleged abuse, neglect, exploitation or isolation of an older person in violation of NRS 200.5099 or 200.50995 and any failure to report such a violation pursuant to NRS 200.5093:

      [1.] (a) At the request of the district attorney of the county in which the violation occurred;

      [2.] (b) If the district attorney of the county in which the violation occurred fails, neglects or refuses to prosecute the violation; or

      [3.] (c) Jointly with the district attorney of the county in which the violation occurred.

      2.  The Unit may organize or sponsor one or more multidisciplinary teams to review any allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person that is alleged to be from abuse, neglect or isolation. A multidisciplinary team may include, without limitation, the following members:

      (a) A representative of the Unit;

      (b) Any law enforcement agency that is involved with the case under review;

      (c) The district attorney’s office in the county where the case is under review;

      (d) The Aging Services Division of the Department of Health and Human Services or the county’s office of protective services, if one exists in the county where the case is under review;

      (e) A representative of the coroner’s office; and

      (f) Any other medical professional or financial professional that the Attorney General deems appropriate for the review.

      3.  Each organization represented on a multidisciplinary team may share with other members of the team information in its possession concerning the older person who is the subject of the review or any person who was in contact with the older person and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      4.  The organizing or sponsoring of a multidisciplinary team pursuant to subsection 2 does not grant the Unit supervisory authority over, or restrict or impair the statutory authority of, any state or local agency responsible for the investigation or prosecution of allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person that is alleged to be the result of abuse, neglect or isolation.

 


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ê2009 Statutes of Nevada, Page 2449 (Chapter 437, AB 461)ê

 

responsible for the investigation or prosecution of allegations of abuse, neglect, exploitation or isolation of an older person or the death of an older person that is alleged to be the result of abuse, neglect or isolation.

      Sec. 7.  NRS 289.510 is hereby amended to read as follows:

      289.510  1.  The Commission:

      (a) Shall meet at the call of the Chairman, who must be elected by a majority vote of the members of the Commission.

      (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

      (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

            (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

            (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

            (3) Qualifications for instructors of peace officers; and

            (4) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

      (e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

      (f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

      (g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.600, inclusive.

      (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children; [and]

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation and isolation of older persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      Secs. 8-10.  (Deleted by amendment.)

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ê2009 Statutes of Nevada, Page 2450ê

 

CHAPTER 438, AB 540

Assembly Bill No. 540–Committee on Ways and Means

 

CHAPTER 438

 

AN ACT relating to local government employers; requiring the Local Government Employee-Management Relations Board to charge and collect a fee from local government employers; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law establishes the Local Government Employee-Management Relations Board, which oversees relations between local government employers and local government employees. (NRS 288.080) This bill requires the Board to charge and collect a fee from local government employers of not more than $10 for each employee of the employer who was employed by the employer during the first pay period of the immediately preceding fiscal year and requires the Board to use the money collected from the fees to carry out the duties of the Board. Further, this bill: (1) prohibits a local government employer from assessing the fee against its employees; (2) requires the employer to pay the fee by July 31 of each calendar year; and (3) requires the Board to charge a civil penalty of not more than $10 per employee of the employer if the employer fails to pay the fee when due.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before July 1 of each year, the Board shall charge and collect a fee from each local government employer in an amount that is equal to not more than $10 for each local government employee of the local government employer who was employed by the local government employer during the first pay period of the immediately preceding fiscal year.

      2.  A local government employer shall pay the fee assessed pursuant to subsection 1 on or before July 31 of each year. A local government employer shall not assess the fee against its local government employees.

      3.  If a local government employer fails to pay the fee assessed pursuant to subsection 1 on or before July 31 of that year, the Board shall impose a civil penalty of not more than $10 for each local government employee employed by the local government employer for whom the fee was not paid.

      4.  A local government employer may not receive a reduction in the amount of the fee assessed pursuant to subsection 1 or a refund of that amount if a local government employee is not employed for a full calendar year. The fee must be assessed whether or not the local government employee is a member of an employee organization.

      5.  Any money received from the fees collected pursuant to subsection 1 must be accounted for separately and may be used only to carry out the duties of the Board.

 


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ê2009 Statutes of Nevada, Page 2451 (Chapter 438, AB 540)ê

 

      6.  To carry out the provisions of this section, the Board may verify the identity and number of local government employees employed by any local government employer by any reasonable means.

      Sec. 2.  NRS 288.090 is hereby amended to read as follows:

      288.090  1.  The members of the Board shall annually elect one of their number as Chairman and one as Vice Chairman. Any two members of the Board constitute a quorum.

      2.  The Board may, within the limits of legislative appropriations [:] and any other available money:

      (a) Appoint a Commissioner and a Secretary, who [shall be] are in the unclassified service of the State; and

      (b) Employ such additional clerical personnel as may be necessary, who [shall be] are in the classified service of the State.

      Sec. 3.  1.  If the Local Government Employee-Management Relations Board determines that the money collected from the fee assessed pursuant to section 1 of this act for the Fiscal Year 2009-2010 will not be sufficient for the Board to carry out its duties, the Board may request from the Director of the Department of Administration a temporary advance from the State General Fund to the account set up by the Board for the collection of the fees from the assessment for the payment of authorized expenses.

      2.  If the Director of the Department of Administration approves a request made pursuant to subsection 1, he shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of that approval. The State Controller shall draw his warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund pursuant to this section must not exceed the total amount of expenditures approved by the Legislature for the Board for the 2009-2010 Fiscal Year.

      4.  Any money that is temporarily advanced from the State General Fund pursuant to subsection 2 must be repaid by the Board on or before August 31, 2010.

      Sec. 4.  This act becomes effective upon passage and approval.

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ê2009 Statutes of Nevada, Page 2452ê

 

CHAPTER 439, AB 546

Assembly Bill No. 546–Committee on Ways and Means

 

CHAPTER 439

 

AN ACT relating to insurance; revising the provisions governing the continuation of health care coverage upon termination of employment with certain smaller employers; allowing an additional election period to continue coverage of health insurance for certain former employees; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Title III of the American Recovery and Reinvestment Act of 2009 provides premium assistance to certain persons to continue coverage of health insurance after termination of employment. (Public Law No. 111-5) The Act provides, in part, for a 65 percent reduction in premium payments for certain persons and an additional election period for certain persons who did not previously elect to continue coverage.

      Sections 1 and 2 of this bill revise the premium payment amount and payment frequency for certain persons to continue coverage of health insurance. (NRS 689B.247, 689C.344)

      Sections 3 and 4 of this bill allow an additional election period for certain persons who previously qualified to continue coverage under NRS 689B.245 and 689C.340.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 689B.247 is hereby amended to read as follows:

      689B.247  1.  Any person who elects to continue coverage pursuant to NRS 689B.245 shall pay the premium for that coverage in an amount not to exceed [125] 110 percent of the premium charged to the employer by the insurer on the date on which that person became eligible for continued coverage.

      2.  If there is a change in the rate charged or benefits provided under the policy during the time of continued coverage, the premium may not exceed [125] 110 percent of the new rate charged to the employer.

      3.  The premiums must be paid to the insurer on a [quarterly] monthly basis.

      4.  If the payment of a premium is not received by the insurer within 30 days after the date on which it is due, continued coverage must be terminated.

      Sec. 2.  NRS 689C.344 is hereby amended to read as follows:

      689C.344  1.  Any person who elects to continue coverage pursuant to NRS 689C.340 shall pay a premium for that coverage in an amount not to exceed [125] 110 percent of the premium charged to the employer by the insurer for coverage of that person on the date on which that person became eligible for continued coverage.

      2.  If there is a change in the rate charged or benefits provided under the policy during the time of continued coverage, the premium may not exceed [125] 110 percent of the new rate charged to the employer.

      3.  The premiums must be paid to the insurer on a [quarterly] monthly basis.

 


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

ê2009 Statutes of Nevada, Page 2453 (Chapter 439, AB 546)ê

 

      4.  If the payment of a premium is not received by the insurer within 30 days after the date on which it is due, continued coverage must be terminated.

      Sec. 3.  Notwithstanding any other provision of state law and in accordance with federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5:

      1.  Except as otherwise provided in this section, a former employee is eligible to continue coverage under a policy of insurance in the same manner as an employee pursuant to NRS 689B.245 if the former employee:

      (a) Was terminated from employment on or after September 1, 2008, and on or before February 16, 2009;

      (b) Was eligible to elect to continue coverage as provided in NRS 689B.245 at the time the former employee was terminated; and

      (c) Did not have coverage on February 17, 2009.

      2.  Except as otherwise provided in this section, a spouse or dependent child of a former employee is eligible to continue coverage under a policy of insurance in the same manner as a spouse or dependent child of an employee pursuant to NRS 689B.245 if:

      (a) The former employee was terminated from employment on or after September 1, 2008, and on or before February 16, 2009;

      (b) The spouse or dependent child of the former employee, as applicable, was eligible to elect to continue coverage as provided in NRS 689B.245 at the time the former employee was terminated; and

      (c) The spouse or dependent child of the former employee did not have coverage on February 17, 2009.

      3.  If an insurer insures a policy of group health insurance for the employees of an employer with less than 20 employees, the insurer shall, within 14 days after the effective date of this act and by certified mail, return receipt requested:

      (a) Notify the employer of the duties of the employer pursuant to this act and Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5;

      (b) Notify the employer of the duties of the insurer pursuant to this act and Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, including, without limitation, the duty of the insurer:

            (1) To accept a reduced premium payment from a former employee or spouse or dependent child of the former employee who qualifies for coverage pursuant to this section; and

            (2) To obtain reimbursement from the Federal Government for the portion of the premium not paid by the former employee or spouse or dependent child of the former employee; and

      (c) Mail to the employer a copy of the forms necessary for a former employee or a spouse or dependent child of a former employee to continue coverage pursuant to this section.

      4.  An employer who is notified pursuant to subsection 3 shall, within 14 days after receiving notice and by certified mail, return receipt requested, to a last known address, provide to any former employee or spouse or dependent child of a former employee who is eligible to continue coverage pursuant to this section:

 


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ê2009 Statutes of Nevada, Page 2454 (Chapter 439, AB 546)ê

 

      (a) Notice of his eligibility, with the notification containing information corresponding to the information provided by notification pursuant to section 3001(a)(7)(B) of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5; and

      (b) A copy of the forms sent by the insurer pursuant to subsection 3.

      5.  A former employee or spouse or dependent child of a former employee to whom an employer is required to send notification and forms pursuant to subsection 4 may continue coverage under a policy of insurance pursuant to this section by sending to the insurer described in subsection 3, on or before August 31, 2009:

      (a) All necessary forms for coverage; and

      (b) The premium payment necessary to begin coverage, as provided by federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5.

      6.  Coverage provided pursuant to this section:

      (a) Shall, in accordance with federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not include any period of time from September 1, 2008, to August 31, 2009, inclusive, for any purpose related to denial, exclusion or limitation of a benefit for a pre-existing condition; and

      (b) Begins retroactively on May 1, 2009, regardless of the specific date that the former employee or spouse or dependent child of a former employee complies with the provisions of subsection 5.

      7.  A violation of this section by an insurer shall be deemed to be an unfair method of competition or unfair or deceptive act or practice under NRS 686A.010 to 686A.310, inclusive.

      Sec. 4.  Notwithstanding any other provision of state law and in accordance with federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5:

      1.  Except as otherwise provided in this section, a former employee is eligible to continue coverage under a health benefit plan in the same manner as an employee pursuant to NRS 689C.340 if the former employee:

      (a) Was terminated from employment on or after September 1, 2008, and on or before February 16, 2009;

      (b) Was eligible to elect to continue coverage as provided in NRS 689C.340 at the time the former employee was terminated; and

      (c) Did not have coverage on February 17, 2009.

      2.  Except as otherwise provided in this section, a spouse or dependent child of a former employee is eligible to continue coverage under a health benefit plan in the same manner as a spouse or dependent child of an employee pursuant to NRS 689C.340 if:

      (a) The former employee was terminated from employment on or after September 1, 2008, and on or before February 16, 2009;

      (b) The spouse or dependent child of the former employee, as applicable, was eligible to elect to continue coverage as provided in NRS 689C.340 at the time the former employee was terminated; and

      (c) The spouse or dependent child of the former employee did not have coverage on February 17, 2009.

      3.  If an insurer insures a health benefit plan for the employees of an employer with less than 20 employees, the insurer shall, within 14 days after the effective date of this act and by certified mail, return receipt requested:

 


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

ê2009 Statutes of Nevada, Page 2455 (Chapter 439, AB 546)ê

 

      (a) Notify the employer of the duties of the employer pursuant to this act and Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5;

      (b) Notify the employer of the duties of the insurer pursuant to this act and Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, including, without limitation, the duty of the insurer:

            (1) To accept a reduced premium payment from a former employee or spouse or dependent child of the former employee who qualifies for coverage pursuant to this section; and

            (2) To obtain reimbursement from the Federal Government for the portion of the premium not paid by the former employee or spouse or dependent child of the former employee; and

      (c) Mail to the employer a copy of the forms necessary for a former employee or a spouse or dependent child of a former employee to continue coverage pursuant to this section.

      4.  An employer who is notified pursuant to subsection 3 shall, within 14 days after receiving notice and by certified mail, return receipt requested, to a last known address, provide to any former employee or spouse or dependent child of a former employee who is eligible to continue coverage pursuant to this section:

      (a) Notice of his eligibility, with the notification containing information corresponding to the information provided by notification pursuant to section 3001(a)(7)(B) of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5; and

      (b) A copy of the forms sent by the insurer pursuant to subsection 3.

      5.  A former employee or spouse or dependent child of a former employee to whom an employer is required to send notification and forms pursuant to subsection 4 may continue coverage under a health benefit plan pursuant to this section by sending to the insurer described in subsection 3, on or before August 31, 2009:

      (a) All necessary forms for coverage; and

      (b) The premium payment necessary to begin coverage, as provided by federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5.

      6.  Coverage provided pursuant to this section:

      (a) Shall, in accordance with federal law, including, without limitation, Title III of the American Recovery and Reinvestment Act of 2009, Public Law No. 111-5, not include any period of time from September 1, 2008, to August 31, 2009, inclusive, for any purpose related to denial, exclusion or limitation of a benefit for a pre-existing condition; and

      (b) Begins retroactively on May 1, 2009, regardless of the specific date that the former employee or spouse or dependent child of a former employee complies with the provisions of subsection 5.

      7.  A violation of this section by an insurer shall be deemed to be an unfair method of competition or unfair or deceptive act or practice under NRS 686A.010 to 686A.310, inclusive.

      Sec. 5.  (Deleted by amendment.)

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

________

 


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ê2009 Statutes of Nevada, Page 2456ê

 

CHAPTER 440, AB 564

Assembly Bill No. 564–Committee on Ways and Means

 

CHAPTER 440

 

AN ACT relating to projects of capital improvement; authorizing certain expenditures by the State Public Works Board; levying a property tax to support the Consolidated Bond Interest and Redemption Fund; making appropriations; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $143,910,314 for the capital improvements summarized in this section. This amount is allocated to projects numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as follows:

 

      Description                                                       Project No.          Amount

 

      1.  Capital improvements for the Department of Administration:

            Cooling tower replacement at the State Library and Archives building.................................................................... 09-M01           $348,280

            Water supply backflow prevention for the Bradley Building and Stewart Facility..................................................... 09-M02a           $183,644

            West entry windbreak for the Richard H. Bryan Building   09-M03.................................................................. $120,054

            Upgrade electrical power at the Stewart Facility 09-M04 $2,152,904

            Sedimentation remediation for the Marlette Lake Water System 09-M05.................................................................. $743,220

            Temperature control upgrade for the State Library and Archives building..................................................... 09-M14           $890,791

            Seismic retrofit of the Purchasing warehouse 09-M15       $430,282

            Governor’s Mansion safety and security upgrades 09-M16 $471,263

            Upgrade electrical power supply system at the Blasdel Building 09-M17.................................................................. $811,341

            Statewide Roofing Program........................... 09-S01        $2,970,439

            Statewide ADA Program................................. 09-S02        $2,423,331

            Statewide Fire and Life Safety Program....... 09-S03        $2,764,966

            Install wet sprinkler and fire alarm system at the DPS Training Facility................................................................... 09-S03h           $143,644

            Statewide Advance Planning Program......... 09-S04           $806,302

            Statewide Paving Program.............................. 09-S05        $2,393,253

 


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ê2009 Statutes of Nevada, Page 2457 (Chapter 440, AB 564)ê

 

      Description                                                       Project No.          Amount

 

      2.  Capital improvements for the State Department of Conservation and Natural Resources:

            Install traffic signal at the Kyle Canyon Fire Station            09-M06.................................................................... $77,874

            Sewage dump station upgrade at Stewart Conservation Camp 09-M32.................................................................. $255,397

      3.  Capital improvements for the Department of Corrections:

            Retrofit Housing Unit No. 11 at High Desert State Prison to create the Southern Regional Medical Facility...... 09-C01        $7,892,038

            Replace flooring at the Northern Regional Medical Facility 09-M07.................................................................. $486,366

            Arsenic treatment system at Humboldt Conservation Camp 09-M10.................................................................. $571,500

            Replace doors, locks and control panels at Southern Desert Correctional Center........................................................ 09-M11        $3,367,249

            Replace boiler #3 at Lovelock Correctional Center              09-M12.................................................................. $295,701

            Replace boiler #2 at Southern Desert Correctional Center  09-M13.................................................................. $508,805

            Replace door controls at Northern Nevada Correctional Center 09-M26.................................................................. $371,406

            Sanitary sewer upgrade at Northern Nevada Correctional Center 09-M28.................................................................. $562,230

      4.  Capital improvements for the Department of Cultural Affairs:

            Complete permanent exhibit construction-Las Vegas Springs Preserve Museum...................................................... 09-C04        $5,046,523

            Lighting upgrade at the Nevada Historical Society 09-M25 $308,584

      5.  Capital improvements for the Department of Health and Human Services:

            New 36-bed child and adolescent hospital-Southern Nevada Child and Adolescent Services............................... 09-C02a        $9,655,360

            Well replacement at the Nevada Youth Training Center      09-M08.................................................................. $470,216

            Replace switch gear at the Nevada Youth Training Center  09-M18.................................................................. $658,519

            Replace hot water storage tanks at the Nevada Youth Training Center.................................................................... 09-M20           $929,652

            Install panic alarm system at Dini-Townsend Hospital        09-M34.................................................................. $484,207

      6.  Capital improvements for the Office of the Military:

            Field maintenance shop facility at the Las Vegas Readiness Center   09-C13....................................................... $2,905,908

            New readiness center-North Las Vegas....... 09-C14      $11,717,771

            New Elko County Readiness Center............ 09-C15        $7,934,261

 


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ê2009 Statutes of Nevada, Page 2458 (Chapter 440, AB 564)ê

 

      Description                                                       Project No.          Amount

 

            HVAC installation-North Las Vegas Armory 09-M22        $222,190

            Fencing of state land at the Range Road and Silverado Ranch Road Armories.................................................... 09-M30           $199,363

            Statewide Roofing Program-Office of the Military 09-S01f $1,080,133

      7.  Capital Improvements for the Nevada System of Higher Education:

            Medical Education Learning Lab Building, UNHSS              09-C05............................................................ $29,986,140

            Furnishings and equipment for Davidson Mathematics and Science Center, UNR............................................... 09-C08        $3,732,121

            Furnishings and equipment for the Center for Molecular Medicine, UNR..................................................................... 09-C09        $7,434,029

            ADA and life safety retrofit for Western Nevada College    09-C11.................................................................. $894,085

            Cheyenne Campus laboratory renovations and main building fire alarm, HVAC and lighting upgrades-CSN...... 09-C23L      $13,377,785

            Campus improvements-CSN...................... 09-M38a        $1,257,965

            Campus improvements-DRI....................... 09-M38b           $382,584

            Campus improvements-GBC...................... 09-M38c           $271,114

            Campus improvements-NSC...................... 09-M38d           $100,000

            Campus improvements-NSHE System Administration       09-M38e.................................................................. $325,000

            Campus improvements-TMCC................... 09-M38f           $658,186

            Campus improvements-UNLV................... 09-M38g        $3,304,316

            Campus improvements-UNR..................... 09-M38h        $3,393,490

            Campus improvements-WNC..................... 09-M38i           $307,345

            Advance planning for Hotel College Academic Building, UNLV 09-P02a.............................................................. $3,220,640

      8.  Capital improvements for the Office of Veterans’ Services:

            Southern Nevada Veterans’ Cemetery expansion 09-C18 $781,448

            Cooling tower replacement for the Southern Nevada Veterans’ Home.................................................................... 09-M09           $323,114

      9.  Capital improvements for the Department of Wildlife:

            NDOW Elko Office repair and pavement project 09-M29 $505,985

      Sec. 2.  Any remaining balance of the allocated amounts authorized in section 1 of this act must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

      Sec. 3.  1.  The State Board of Finance may issue the bonds authorized pursuant to section 1 of this act at the time deemed appropriate by the Board based on the schedule established for the completion of the projects described in that section.

 


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ê2009 Statutes of Nevada, Page 2459 (Chapter 440, AB 564)ê

 

      2.  The State Controller may advance temporarily from the State General Fund, upon the approval of the Chief of the Budget Division of the Department of Administration, to the State Public Works Board, until the date on which bonds authorized by section 1 of this act are sold, amounts necessary to facilitate the start of the projects enumerated in section 1 of this act. The State Controller shall not advance more than the face amount of the bonds authorized to be issued. The advanced amounts must be repaid immediately to the State General Fund upon the sale of the bonds or not later than the last business day in August immediately following the end of the fiscal year during which the advance is made.

      3.  The Chief of the Budget Division of the Department of Administration shall provide written notification to the State Controller and the Senate and Assembly Fiscal Analysts of the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of an advance from the State General Fund to the State Public Works Board pursuant to subsection 2.

      Sec. 4.  There is hereby appropriated from the State Highway Fund to the State Public Works Board the sum of $2,213,808 to support the Board in carrying out the program of capital improvements summarized in this section. This amount is allocated to projects numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as follows:

 

      Description                                                       Project No.          Amount

 

      1.  Parking lot expansion for the Henderson DMV Office          09-C21.................................................................. $805,203

      2.  Water backflow prevention for the Reno NHP Building    09-M02b.................................................................... $84,893

      3.  ADA site and building retrofit for DMV facilities 09-S02h  $89,092

      4.  Install wet sprinkler and fire alarm system at the DPS Training Facility................................................................... 09-S03h           $215,467

      5.  Pavement rehabilitation for the Winnemucca and Sparks DMV Office drive test areas......................................... 09-S05d           $930,953

      6.  Preventative maintenance for existing pavement at the Reno NHP Building.................................................... 09-S05h             $88,200

      Sec. 5.  Any remaining balance of the appropriation made by section 4 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 20, 2013.

      Sec. 6.  The amounts appropriated pursuant to section 4 of this act from the State Highway Fund must be allocated by the State Controller as the money is required for the projects and must not be transferred to the projects from the State Highway Fund until required to make contract payments.

 


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

ê2009 Statutes of Nevada, Page 2460 (Chapter 440, AB 564)ê

 

      Sec. 7.  1.  The State Public Works Board shall transfer the sum of $1,176,810 from the amounts appropriated pursuant to section 1 of chapter 347, Statutes of Nevada 2007, at pages 1636 to 1641, inclusive, from the projects identified in this subsection to projects as authorized in subsections 2 and 3:

 

      Description                                                       Project No.          Amount

 

      (a) Shadow Lane Biomedical Research Building, UNHSS          07-C89.............................................................. $1,000,000

      (b) Sierra Front Interagency Dispatch Center and hangar repairs 07-M49.................................................................. $176,810

      2.  The State Public Works Board shall use the $1,000,000 transferred pursuant to paragraph (a) of subsection 1 to support the Board in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-C05, Medical Education Learning Lab Building, UNHSS.

      3.  The State Public Works Board shall use the $176,810 transferred pursuant to paragraph (b) of subsection 1 to support the Board in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-M06, Install traffic signal at the Kyle Canyon Fire Station.

      Sec. 8.  Any remaining balance of the amount transferred in section 7 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 20, 2013.

      Sec. 9.  1.  The State Public Works Board shall transfer the sum of $13,554,504 from the amounts allocated pursuant to section 3 of chapter 347, Statutes of Nevada 2007, at pages 1641 to 1644, inclusive, from the projects identified in this subsection to projects as authorized in subsections 2, 3 and 4:

 

      Description                                                       Project No.          Amount

 

      (a) New headquarters and laboratory building 07-C20        $2,185,000

      (b) Replace Campos Office Building and parking area 07-C22 $167,811

      (c) Desert Willow Treatment Center addition of 14 beds           07-C26.............................................................. $9,500,000

      (d) Consolidated facility planning and building renovations for NNAMHS and NNCAS................................................ 07-C30        $1,300,000

      (e) Sierra Front Interagency Dispatch Center and hangar repairs 07-M49.................................................................. $323,190

      (f) One housing unit at NNCC-advance planning 07-P30          $78,503

 


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

ê2009 Statutes of Nevada, Page 2461 (Chapter 440, AB 564)ê

 

      2.  The State Public Works Board shall use the $13,152,811 transferred pursuant to paragraphs (a) to (d), inclusive, of subsection 1 to support the Board in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-C02a, New 36-bed child and adolescent hospital-Southern Nevada Child and Adolescent Services.

      3.  The State Public Works Board shall use the $323,190 transferred pursuant to paragraph (e) of subsection 1 to support the Board in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-M06, Install traffic signal at the Kyle Canyon Fire Station.

      4.  The State Public Works Board shall use the $78,503 transferred pursuant to paragraph (f) of subsection 1 to support the Board in carrying out the program of capital improvements summarized in this subsection. This amount is allocated to the project numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as Project 09-M07, Replace flooring at the Northern Regional Medical Facility.

      Sec. 10.  Any remaining balance of the allocated amounts in section 9 of this act must not be committed for expenditure after June 30, 2013, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 20, 2013.

      Sec. 11.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized for the following projects numbered and described in the Executive Budget for the 2009-2011 biennium or otherwise described as follows:

 

      Description                                                       Project No.          Amount

 

      1.  Medical Education Learning Lab Building, UNHSS.............. 09-C05............................................................ $11,094,011

      2.  Field maintenance shop facility at the Las Vegas Readiness Center 09-C13..................................................... $21,401,752

      3.  New readiness center-North Las Vegas....... 09-C14      $24,051,286

      4.  New Elko County Readiness Center............. 09-C15        $8,631,170

      5.  Southern Nevada Veterans’ Cemetery expansion 09-C18 $5,117,270

      6.  Cheyenne Campus laboratory renovations and main building fire alarm, HVAC and Lighting Upgrades-CSN.... 09-C23L        $1,000,000

      7.  HVAC installation-North Las Vegas Armory 09-M22         $222,191

      8.  NDOW Elko Office repair and pavement project 09-M29    $51,775

      9.  Fencing of state land at the Range Road and Silverado Ranch Road Armories.................................................... 09-M30           $199,364

      10.  Advance planning for Hotel College Academic Building, UNLV 09-P02a...................................................... $3,220,640

 


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

ê2009 Statutes of Nevada, Page 2462 (Chapter 440, AB 564)ê

 

      Description                                                       Project No.          Amount

 

      11.  Statewide Roofing Program-Office of the Military              09-S01f.............................................................. $1,080,133

      12.  ADA retrofit Prison Industry shop buildings at Northern Nevada Correctional Center................................ 09-S02p           $248,592

      13.  Statewide Asbestos, Indoor Air Quality, Mold, Lead Paint Program  09-S06........................................................... $200,000

      14.  Statewide Building Official Projects Program 09-S09    $1,285,047

      Sec. 12.  The State Public Works Board shall not execute a contract for the construction of the following projects until the Board has determined that the money authorized for those projects pursuant to section 11 of this act is available for expenditure for those projects and cannot be expended for other purposes.

 

      Description                                                                               Project No.

 

      1.  Medical Education Learning Lab Building, UNHSS.............. 09-C05

      2.  Cheyenne Campus laboratory renovations and main building fire alarm, HVAC and Lighting Upgrades-CSN.................................................... 09-C23L

      Sec. 13.  The State Public Works Board shall obtain approval for the siting and location of Project 09-C15, New Elko County Readiness Center, from the Interim Finance Committee, or the Legislature if in session, before expending any funding authorized for that project pursuant to sections 1 and 11 of this act.

      Sec. 14.  The State Public Works Board shall carry out the provisions of this act as provided in chapter 341 of NRS. The Board shall ensure that qualified persons are employed to accomplish the authorized work. Every contract pertaining to the work must be approved by the Attorney General.

      Sec. 15.  All state and local governmental agencies involved in the design and construction of the projects enumerated in this act shall cooperate with the State Public Works Board to expedite the completion of the project.

      Sec. 16.  The State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $3,000,000 in each year of the 2009-2011 biennium, as provided in NRS 233C.225 for the program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      Sec. 17.  1.  The authority to issue bonds pursuant to subsection 5, subparagraph (5) of paragraph (a) of subsection 7 and paragraph (b) of subsection 7 of section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session, to the extent not previously issued, is terminated on the effective date of this act.

      2.  There is hereby authorized to be issued $20,190,000 in general obligation bonds of the State for the purpose described in:

      (a) Subsection 5 of section 2;

      (b) Subparagraph (5) of paragraph (a) of subsection 7 of section 2; and

      (c) Paragraph (b) of subsection 7 of section 2,

Ê chapter 6, Statutes of Nevada 2001, 17th Special Session.

 


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      3.  The amount permitted to be issued under each paragraph of subsection 2 of this section shall equal the difference between the amount authorized to be issued for the specific purpose identified in that subsection or subparagraph under section 2 of chapter 6, Statutes of Nevada 2001, 17th Special Session and the amount actually issued for that specific purpose before the effective date of this act.

      Sec. 18.  Notwithstanding the provisions of NRS 349.078, the State Board of Finance may continue to issue general obligation bonds of the State to protect, preserve and obtain the benefits of the property and natural resources of this State pursuant to chapter 6, Statutes of Nevada 2001, 17th Special Session, under the terms and conditions of that act, as amended by section 17 of this act, until June 30, 2014.

      Sec. 19.  1.  Upon approval of the Interim Finance Committee pursuant to subsection 2, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the face amount of not more than $15,000,000 in Fiscal Year 2010-2011 for the purposes of construction, reconstruction, improvement and maintenance of highways.

      2.  Before the State Board of Finance may issue the bonds described in subsection 1, the Department of Transportation must submit a detailed plan for expenditure of the proceeds of the bonds to the State Board of Examiners. Upon review, the State Board of Examiners shall transmit the plan with its recommendations to the Interim Finance Committee for approval. The Interim Finance Committee is not bound to follow the recommendations of the State Board of Examiners.

      3.  Any money provided to the Department of Transportation pursuant to this section must be deposited in the State Highway Fund and expended for the purposes described in this section.

      Sec. 20.  1.  An ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2009, and ending on June 30, 2010, and an ad valorem tax of 15.55 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2010, and ending on June 30, 2011. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. Notwithstanding the provisions of NRS 361.453 to the contrary, 0.55 cents of the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      2.  An ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2009, and ending on June 30, 2010, and an ad valorem tax of 1.45 cents on each $100 of assessed valuation of taxable property is hereby levied for the fiscal year commencing on July 1, 2010, and ending on June 30, 2011. The taxes levied must be collected in the manner provided in chapter 361 of NRS on all taxable property in this State including the net proceeds of minerals and excluding such property as is by law exempt from taxation. The proceeds of the taxes levied pursuant to this subsection must be used exclusively for the repayment of bonded indebtedness issued pursuant to the provisions of chapter 6, Statutes of Nevada 2001, 17th Special Session. Notwithstanding the provisions of NRS 361.453 to the contrary, the levies imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

 


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imposed pursuant to this subsection must not be included in calculating the limitation set forth in subsection 1 of NRS 361.453 on the total ad valorem tax levied for all public purposes.

      3.  The proceeds of the taxes levied by this section are hereby appropriated for each fiscal year to the Consolidated Bond Interest and Redemption Fund to discharge the obligations of the State of Nevada as they are respectively due in that fiscal year. Any balance of the money appropriated by this section remaining at the end of the respective fiscal years does not revert to the State General Fund.

      Sec. 21.  1.  On or before July 1, 2009, and July 1, 2010, the State Treasurer shall estimate the amount of proceeds of the taxes levied by section 20 of this act. If the sum of that estimate and the balance of ad valorem reserves in the Consolidated Bond Interest and Redemption Fund is less than the total obligation of the State of Nevada for payment of the interest on and principal of bonds which will become due in the fiscal year, he shall ask the State Controller to reserve in the State General Fund an amount which is sufficient to pay the remainder of the total obligation. The State Treasurer may revise the estimate and amount reserved.

      2.  If the money in the Consolidated Bond Interest and Redemption Fund is insufficient to pay those obligations as they become due, the State Controller shall cause the money in reserve to be transferred from the State General Fund to the Consolidated Bond Interest and Redemption Fund. The amount reserved is hereby contingently appropriated for that purpose. Any balance of the sums appropriated by this subsection remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years and must be reverted to the State General Fund on or before September 17, 2010, and September 16, 2011, respectively.

      3.  The State Treasurer shall report to the Legislature or, if the Legislature is not in session, to the Interim Finance Committee:

      (a) The amount of any estimate made pursuant to subsection 1 and the amount of money reserved in the State General Fund based upon the estimate;

      (b) The amount of money transferred from the State General Fund pursuant to subsection 2; and

      (c) The amount of money which reverts to the State General Fund pursuant to subsection 2.

      Sec. 22.  The State Board of Finance, in its capacity as the State General Obligation Bond Commission and to the extent that money is available, shall pay the expenses related to the issuance of general obligation bonds approved by the 75th Session of the Nevada Legislature from the proceeds of those bonds.

      Sec. 23.  1.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized from the Consolidated Bond Interest and Redemption Fund in the amount of $176,077,511 for the fiscal year beginning on July 1, 2009, and ending on June 30, 2010, and in the amount of $176,123,108 for the fiscal year beginning on July 1, 2010, and ending on June 30, 2011.

      2.  Notwithstanding the provisions of subsection 4 of NRS 353.220, the approval of the Interim Finance Committee is not required for any request for the revision of a work program for any account within the Consolidated Bond Interest and Redemption Fund for the payment of principal, interest and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.

 


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Bond Interest and Redemption Fund for the payment of principal, interest and related costs of issuance for securities approved by the State Legislature pursuant to the provisions of this act.

      Sec. 24.  With the approval of the Interim Finance Committee, the State Public Works Board and the Nevada System of Higher Education may transfer appropriated, allocated and authorized money from one project to another within the same agency or within the Nevada System of Higher Education for those projects listed in sections 1, 11 and 25 of this act.

      Sec. 25.  The money collected pursuant to the annual tax on slot machines imposed pursuant to NRS 463.385 that is distributed to the Special Capital Construction Fund for Higher Education, except any amount of that money which is needed to pay the principal and interest on bonds, is appropriated to the State Public Works Board for the following capital improvement projects for the Nevada System of Higher Education:

 

      Description                                                       Project No.          Amount

 

      Campus improvements-CSN............................ 09-M38a             $83,627

      Campus improvements-DRI............................. 09-M38b             $48,327

      Campus improvements-GBC............................ 09-M38c             $17,244

      Campus improvements-TMCC......................... 09-M38f           $180,015

      Campus improvements-UNLV......................... 09-M38g           $930,418

      Campus improvements-UNR........................... 09-M38h        $1,192,040

      Campus improvements-WNC........................... 09-M38i             $48,329

      Sec. 26.  Any remaining balance of the appropriation made by section 25 of this act must not be committed for expenditure after June 30, 2013, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 20, 2013, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the fund of origin on or before September 20, 2013.

      Sec. 27.  Of the money authorized for expenditure in section 1 of Senate Bill No. 431 of this session for the Office of the State Treasurer from the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund, the expenditure of not more than $15,000,000 in Fiscal Year 2009-2010 and $15,000,000 in Fiscal Year 2010-2011 is hereby authorized to repay any principal amount borrowed and to pay any interest that is payable thereon pursuant to section 1 of chapter 1, Statutes of Nevada 2008, 25th Special Session, as amended by section 68 of Assembly Bill No. 562 of this session.

      Sec. 28.  Any remaining balance of the proceeds of the bonds issued pursuant to section 11 of Chapter 596, Statutes of Nevada 1999, at page 3228, or any interest and income earned on the proceeds of those bonds in the Fund to Assist School Districts in Financing Capital Improvements created pursuant to NRS 387.333, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009.

 


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ê2009 Statutes of Nevada, Page 2466 (Chapter 440, AB 564)ê

 

      Sec. 29.  Section 5 of chapter 585, Statutes of Nevada 2001, as last amended by section 36 of chapter 347, Statutes of Nevada 2007, at page 1652, is hereby amended to read as follows:

      Sec. 5.  1.  Except as otherwise provided in this section, any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, must not be committed for expenditure after June 30, 2005, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2005.

      2.  Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C4, New State Motor Pool building, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007.

      3.  Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for project 01-C16, furnishings and build-out, Redfield campus, phase I, UNR, must not be committed for expenditure after June 30, 2006, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 15, 2006.

      4.  Any remaining balance of the allocated amounts authorized in Section 4 of Chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007:

 

      Description                                                                   Project No.

 

      (a) Finalize southern Nevada veterans’ home.................... 01-C8

      (b) Special children’s clinic addition and remodel........... 01-C9

      (c) Capitol, capitol annex and Blasdel building renovations 01-C10

      (d) Furnishings and build-out of library and student center, WNCC  01-C18

      (e) Telecommunications building on Cheyenne campus, CCSN 01-C29L

      (f) HVAC upgrades at computer facility, Carson City... 01-M26

      (g) Replace boiler, pumps and piping at computer facility, Carson City  01-M27

      (h) Statewide roofing program.............................................. 01-S1

      (i) Statewide ADA program................................................... 01-S2

      (j) Statewide fire sprinkler program..................................... 01-S3

      5.  Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009:

 


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ê2009 Statutes of Nevada, Page 2467 (Chapter 440, AB 564)ê

 

June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009:

 

      Description                                                                   Project No.

 

      (a) National Guard Rural Armory renovations................ 01-C12

      (b) Planning, design and utility infrastructure for science and engineering complex, UNLV........................................................ 01-C15

      (c) Wright Hall addition and renovation, UNLV............. 01-C23

      [(d) New campus library, UNR........................................... 01-C24

      (e) Academic and student services building, NSC......... 01-C25]

      6.  Any remaining balance of the allocated amounts authorized in section 4 of chapter 585, Statutes of Nevada 2001, at page 2995, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011:

 

      Description                                                                  Project No.

 

      (a) New campus library, UNR............................................ 01-C24

      (b) Academic and student services building, NSC.......... 01-C25

      Sec. 30.  Section 2 of chapter 512, Statutes of Nevada 2003, as last amended by section 38 of chapter 347, Statutes of Nevada 2007, at page 1654, is hereby amended to read as follows:

      Sec. 2.  1.  Except as otherwise provided in [subsection 2,] this section, any remaining balance of the allocated amounts authorized in section 1 of chapter 512, Statutes of Nevada 2003, at page 3496, must not be committed for expenditure after June 30, 2007, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 21, 2007.

      2.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 512, Statutes of Nevada 2003, at page 3496, for the following projects, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009:

 

      Description                                                                   Project No.

 

      (a) New metal building for recreational use at Caliente Youth Center     03-C17

      (b) [UNLV science engineering and technology complex construction   03-C23

      (c)] Maxey Science Center, Building Renovations and Addition, DRI     03-C91L

      [(d)] (c) Repair exterior sidewalks at Grant Sawyer State Office Building    03-M2

      [(e)] (d) Renovate swimming pool at the Caliente Youth Center   03-M26

 


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ê2009 Statutes of Nevada, Page 2468 (Chapter 440, AB 564)ê

 

      Description                                                                   Project No.

 

      [(f)] (e) Renovate heating systems in cottages at the Caliente Youth Center 03-M27

      [(g)] (f) Renovate hot water tanks in cottages at the Caliente Youth Center  03-M27A

      [(h)] (g) Statewide Fire Sprinkler Program.......................... 03-S3

      [(i)] (h) Statewide Asbestos, Lead, Mold, IAQ Program.... 03-S6

      3.  Any remaining balance of the allocated amounts authorized in section 1 of chapter 512, Statutes of Nevada 2003, at page 3496, for project 03-C23, UNLV science engineering and technology complex construction, must not be committed for expenditure after June 30, 2011 and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011.

      Sec. 31.  Section 2 of chapter 398, Statutes of Nevada 2005, at page 1547, is hereby amended to read as follows:

      Sec. 2.  [Any]

      1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 1 of [this act] chapter 398, Statutes of Nevada 2005, at pages 1543 to 1547, inclusive, must not be committed for expenditure after June 30, 2009, and must be reverted to the State General Fund on or before September 18, 2009.

      2.  Any remaining balance of the appropriations made by section 1 of chapter 398, Statutes of Nevada 2005, at pages 1543 to 1547, inclusive, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the State General Fund on or before September 16, 2011:

 

      Description                                                                  Project No.

 

      (a) Greenspun College of Urban Affairs building at UNLV 05-C16

      (b) Design and construction of electrical and industrial technology building at Great Basin College................................................. 05-C18

      (c) New classroom building on West Charleston Campus of CCSN   05-C20c

      (d) Construction of student services building addition and renovation of Frazier Hall at UNLV.......................................................... 05-C67L

      (e) Science and math education center at UNR............ 05-C68L

      (f) Sewage treatment upgrades at ESP............................ 05-M15

      (g) Sewage disposal upgrades at PCC............................. 05-M16

      (h) Statewide Fire and Life Safety Program.................... 05-S03

      (i) Statewide Paving Program............................................ 05-S05

      (j) Statewide Asbestos, Lead, Mold, IAQ Program......... 05-S06

      (k) Statewide Underground Storage Tank Program...... 05-S07

 


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ê2009 Statutes of Nevada, Page 2469 (Chapter 440, AB 564)ê

 

      Sec. 32.  Section 5 of chapter 398, Statutes of Nevada 2005, at page 1548, is hereby amended to read as follows:

      Sec. 5.  [Any]

      1.  Except as otherwise provided in subsection 2, any remaining balance of the allocated amounts authorized in section 4 of [this act] chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, must not be committed for expenditure after June 30, 2009, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 18, 2009.

      2.  Any remaining balance of the allocated amounts authorized in section 4 of chapter 398, Statutes of Nevada 2005, at pages 1547 and 1548, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the Bond Interest and Redemption Account in the Consolidated Bond Interest and Redemption Fund on or before September 16, 2011:

 

      Description                                                                  Project No.

 

      (a) Deferred construction of new campus library at UNR 05-C05

      (b) Las Vegas readiness center for Nevada National Guard 05-C13

      (c) Greenspun College of Urban Affairs building at UNLV 05-C16

      (d) Design and construction of electrical and industrial technology building at Great Basin College................................................. 05-C18

      (e) New classroom building on West Charleston Campus of CCSN   05-C20c

      (f) Construction of student services building addition and renovation of Frazier Hall at UNLV.......................................................... 05-C67L

      (g) Science and math education center at UNR........... 05-C68L

      Sec. 33.  Section 9 of chapter 398, Statutes of Nevada 2005, at page 1549, is hereby amended to read as follows:

      Sec. 9.  [Any]

      1.  Except as otherwise provided in subsection 2, any remaining balance of the appropriations made by section 8 of [this act] chapter 398, Statutes of Nevada 2005, at page 1549, must not be committed for expenditure after June 30, 2009, and must be reverted to the State Highway Fund on or before September 18, 2009.

      2.  Any remaining balance of the appropriations made by section 8 of chapter 398, Statutes of Nevada 2005, at page 1549, for the following projects, must not be committed for expenditure after June 30, 2011, and must be reverted to the State Highway Fund on or before September 16, 2011:

 


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ê2009 Statutes of Nevada, Page 2470 (Chapter 440, AB 564)ê

 

      Description                                                                  Project No.

 

      (a) Statewide Fire and Life Safety Program.................... 05-S03

      (b) Statewide Paving Program........................................... 05-S05

      Sec. 34.  This act becomes effective upon passage and approval.

________

 

CHAPTER 441, AB 355

Assembly Bill No. 355–Assemblymen Goedhart; Cobb, Gustavson, Hambrick, Hardy, Settelmeyer, Stewart and Woodbury

 

Joint Sponsor: Senator McGinness

 

CHAPTER 441

 

AN ACT relating to public utilities; providing simplified procedures and methodologies for certain public utilities to change rates for water or sewage disposal; and providing other matters properly relating thereto.

 

[Approved: June 3, 2009]

 

Legislative Counsel’s Digest:

      Existing law requires the Public Utilities Commission of Nevada to adopt regulations that provide for a simplified procedure or methodology for certain public utilities to change rates for water or services for the disposal of sewage. (NRS 704.095) Section 1 of this bill modifies the requirements to qualify for simplified procedures and methodologies which must provide for the filing of a letter of advice for certain rate changes.

      Sections 3 and 4 of this bill modify the exemption for certain public utilities from certain filing and resource planning requirements. (NRS 704.110, 704.661)

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 704.095 is hereby amended to read as follows:

      704.095  1.  The Commission shall adopt regulations which provide [a simplified procedure or methodology ] simplified procedures or methodologies for a change of rates for those public utilities which furnish water or services for the disposal of sewage, or both, to persons within this State for compensation, and which:

      [1.] (a) Serve 3,000 or fewer persons; and

      [2.] (b) Had during the immediately preceding 12-month period gross sales for water or services for the disposal of sewage [, or both,] amounting to [$1,000,000] $2,000,000 or less. If a public utility furnishes both water and services for the disposal of sewage, its gross sales for each service must be considered separately for determining whether the public utility qualifies under this paragraph for either service.

      2.  The regulations adopted by the Commission pursuant to subsection 1 must provide, without limitation, for the filing of letters of advice to change rates based on a nationally recognized inflation index approved by the Commission.

 


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ê2009 Statutes of Nevada, Page 2471 (Chapter 441, AB 355)ê

 

      Sec. 2.  (Deleted by amendment.)

      Sec. 3.  NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

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

      2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

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

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in December 2007, and at least once every 36 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in December 2008, and at least once every 36 months thereafter.

 


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ê2009 Statutes of Nevada, Page 2472 (Chapter 441, AB 355)ê

 

      (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of [$500,000] $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

      (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of [$500,000] $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

      (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

 


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ê2009 Statutes of Nevada, Page 2473 (Chapter 441, AB 355)ê

 

directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

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

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

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

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

      (a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 9; or

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 2474 (Chapter 441, AB 355)ê

 

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

            (2) Must include the following:

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

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

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

                  (IV) Any other information required by the Commission.

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

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

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

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

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

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

 


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ê2009 Statutes of Nevada, Page 2475 (Chapter 441, AB 355)ê

 

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

            (2) Must include the following:

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

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

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

                  (IV) Any other information required by the Commission.

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

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

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

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

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

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

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

 


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      12.  As used in this section:

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

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

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

      Sec. 4.  NRS 704.661 is hereby amended to read as follows:

      704.661  1.  A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years shall, on or before March 1 of every third year, in the manner specified by the Commission, submit a plan to the Commission to provide sufficient water or services for the disposal of sewage to satisfy the demand made on its system by its customers. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this subsection for either service.

      2.  The Commission shall adopt regulations to provide for the contents of and the method and schedule for preparing, submitting, reviewing and approving [the] a plan [required] submitted pursuant to subsection 1.

      3.  Within 180 days after a public utility has filed a plan pursuant to subsection 1, the Commission shall issue an order accepting the plan as filed or specifying any portion of the plan it finds to be inadequate.

      4.  If a plan submitted pursuant to subsection 1 and accepted by the Commission pursuant to subsection 3 and any regulations adopted pursuant to subsection 2 identifies a facility for acquisition or construction, the facility shall be deemed to be a prudent investment and the public utility may recover all just and reasonable costs of planning and constructing or acquiring the facility.

      5.  All prudent and reasonable expenditures made by a public utility to develop a plan filed pursuant to subsection 1, including, without limitation, any environmental, engineering or other studies, must be recovered from the rates charged to the public utility’s customers.

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

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