Link to Page 126

 

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ê2011 Statutes of Nevada, Page 127 (Chapter 28, AB 464)ê

 

     3.  This section and sections 1 to 58.7, inclusive, and 59 to 62.5, inclusive, of this act expire by limitation on July 1, 2011, if the Interim Finance Committee has not issued a notice to the Department of Motor Vehicles pursuant to section 62.5 of this act before that date.

     4.  Except as otherwise provided in subsection 3, sections 24 and 25 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment for the support of one or more children,

Ê are repealed by the Congress of the United States.

     5.  Section 58.8 of this act becomes effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or restrict the use of professional, occupational and recreational licenses of persons who:

     (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child; or

     (b) Are in arrears in the payment of the support of one or more children,

Ê are repealed by the Congress of the United States, only if the Interim Finance Committee issues a notice to the Department of Motor Vehicles pursuant to section 62.5 of this act before July 1, 2011.

     Sec. 27.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 128ê

 

CHAPTER 29, AB 174

Assembly Bill No. 174–Assemblymen Munford; Hogan and Neal

 

CHAPTER 29

 

[Approved: May 12, 2011]

 

AN ACT relating to days of observance; requiring the Governor annually to proclaim June 19 to be “Juneteenth Day”; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law sets forth certain days of observance in this State to commemorate certain persons or occasions or to publicize information regarding certain important topics. (NRS 236.018-236.085) This bill requires the Governor annually to proclaim June 19 to be “Juneteenth Day” in the State of Nevada.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 236 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Governor shall annually proclaim June 19 to be “Juneteenth Day” in the State of Nevada to commemorate the abolition of slavery in the United States.

     2.  The proclamation must call upon the news media, educators and appropriate governmental officers to bring to the attention of Nevada’s residents the historical significance of the day when the last slaves in the United States were emancipated and the significant contributions of African-Americans to the State.

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

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ê2011 Statutes of Nevada, Page 129ê

 

CHAPTER 30, AB 156

Assembly Bill No. 156–Assemblymen Frierson, Horne, Segerblom and Flores

 

Joint Sponsor: Senator Wiener

 

CHAPTER 30

 

[Approved: May 12, 2011]

 

AN ACT relating to process servers; requiring that a proof of service filed with a court contain certain information; revising provisions relating to orders to cease and desist conduct; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a person who engages in the business of serving legal process within this State must be licensed. (NRS 648.060) Section 1 of this bill prohibits a person from engaging in the business of a process server if the person is not licensed as a process server and has, because of certain violations of the provisions of chapter 648 of NRS, received a citation and order to cease and desist conduct. Section 6 of this bill requires a court to treat a proof of service filed in violation of section 1 as legally insufficient and renders a judgment based upon such proof void. Section 2 of this bill requires that an order to cease and desist conduct issued to a business state that the order applies to any person acting in the name of the business.

       Section 5 of this bill requires that a proof of service of process filed with a court include certain information. Section 5 also allows a court to construe a proof of service of process that does not include such information as legally insufficient.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 648 of NRS is hereby amended by adding thereto a new section to read as follows:

     If a person who is not licensed as a process server pursuant to this chapter has been issued a citation pursuant to NRS 648.165 that contains an order to cease and desist conduct, the person shall not continue to engage in the business of a process server after the date on which he or she is served with the citation until the order has been rescinded.

     Sec. 2.  NRS 648.165 is hereby amended to read as follows:

     648.165  1.  The Board may issue to a person who has violated NRS 648.060 a citation.

     2.  Such a citation must be in writing and describe with particularity the nature of the violation. The citation must also inform the person of the provisions of subsection 5. A separate citation must be issued for each such violation.

     3.  If appropriate, the citation must contain an order [of abatement] to cease and desist conduct fixing a reasonable time for abatement of the violation. If the order to cease and desist conduct is directed to a business, the order must expressly state that it applies to any person acting in the name of the business regardless of whether any such person is alleged to have previously violated any of the provisions of this chapter.

 


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ê2011 Statutes of Nevada, Page 130 (Chapter 30, AB 156)ê

 

     4.  The Board shall assess an administrative fine of:

     (a) For the first such violation, $2,500.

     (b) For the second such violation, $5,000.

     (c) For the third or subsequent such violation, $10,000.

     5.  To appeal the finding of such a violation, the person must request a hearing by written notice of appeal to the Board within 30 days after the date of issuance of the citation.

     Sec. 3.  NRS 648.210 is hereby amended to read as follows:

     648.210  A person who violates any of the provisions of NRS 648.060 to 648.205, inclusive [:] , and section 1 of this act:

     1.  For the first violation is guilty of a misdemeanor.

     2.  For the second and subsequent violations, is guilty of a gross misdemeanor.

     Sec. 4.  Chapter 14 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

     Sec. 5.  1.  In addition to any other requirements set forth by law, a proof of service of process filed with a court of competent jurisdiction in Nevada must include:

     (a) The name, residential or business address and telephone number of the person who performed the service of process;

     (b) The date and time that the legal process was served;

     (c) The manner in which the legal process was served;

     (d) If practicable, the name of the person who was personally served or a physical description of that person; and

     (e) A notation of:

           (1) The license number of the process server or the registration number of the employee of a licensed process server who performed the service of process; or

           (2) The reason why the person who performed the service of process was not required to be licensed under chapter 648 of NRS or another provision of law.

     2.  A proof of service that does not include the information required by subsection 1 may be construed as legally insufficient by a court of competent jurisdiction.

     3.  As used in this section, “process server” has the meaning ascribed to it in NRS 648.014.

     Sec. 6.  1.  If a person who is not licensed as a process server pursuant to chapter 648 of NRS files a proof of service of process with a court of competent jurisdiction in violation of section 1 of this act, the proof of service of process must be treated as legally insufficient by the court and any resulting judgment based upon the proof of service of process is void.

     2.  As used in this section, “process server” has the meaning ascribed to it in NRS 648.014.

     Sec. 7.  This act becomes effective upon passage and approval.

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ê2011 Statutes of Nevada, Page 131ê

 

CHAPTER 31, AB 83

Assembly Bill No. 83–Assemblyman Oceguera

 

CHAPTER 31

 

[Approved: May 12, 2011]

 

AN ACT relating to crimes; revising the statute of limitations for crimes relating to identity theft; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires that an indictment be found or an information or complaint be filed within 3 years after the commission of an offense relating to identity theft which is punishable as a felony. (NRS 171.085, 205.461-205.4657) This bill provides an exception for victims of such an offense who are less than 18 years of age at the time of the commission of the offense, specifying that an indictment must be found or an information or complaint must be filed within 4 years after the time the victim discovers or reasonably should have discovered that the offense was committed.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 171.095 is hereby amended to read as follows:

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

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

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

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

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

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

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

 


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ê2011 Statutes of Nevada, Page 132 (Chapter 31, AB 83)ê

 

     Sec. 2.  The amendatory provisions of this act apply to a person who committed a felony pursuant to NRS 205.461 to 205.4657, inclusive, before October 1, 2011, if the applicable statute of limitations has commenced but has not yet expired on October 1, 2011.

________

CHAPTER 32, AB 97

Assembly Bill No. 97–Assemblywoman Smith

 

CHAPTER 32

 

[Approved: May 12, 2011]

 

AN ACT relating to the City of Sparks; amending the Charter of the City of Sparks to revise the process for appointing various positions in city government; revising the selection process for Mayor pro tempore; revising the list of classes of persons protected from employment discrimination by the City; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 2 of this bill authorizes the City Manager of the City of Sparks to appoint the heads of each department and various executive, administrative and professional employees without confirmation by the City Council. Sections 4 and 7 of this bill add to and make consistent the classes of persons protected from employment discrimination.

       Under the existing Charter of the City of Sparks, the City Council elects the Mayor pro tempore from its members. (Sparks City Charter § 3.010) Section 5 of this bill requires the Mayor to nominate a member of the City Council to be Mayor pro tempore subject to the approval of the majority of the City Council. Sections 1 and 5 also clarify that if the office of Mayor is vacant, the Mayor pro tempore shall act as Mayor until the next general election.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 1.070 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 41, Statutes of Nevada 2001, at page 395, is hereby amended to read as follows:

     Sec. 1.070  Elective offices; vacancies.  Except as otherwise provided in NRS 268.325:

     1.  A vacancy in the City Council [,] or in the office of City Attorney or Municipal Judge must be filled by appointment of the Mayor, subject to confirmation by the City Council, within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the City Council before the vacancy occurs. In such a case, each member of the Council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the Council pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 133 (Chapter 32, AB 97)ê

 

If the majority of the Council is unable or refuses for any reason to confirm any appointment made by the Mayor within 30 days after the vacancy occurs, the City Council shall present to the Mayor the names of two qualified persons to fill the vacancy. The Mayor shall, within 15 days after the presentation, select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.

     2.  A vacancy in the office of the Mayor must be filled by the Mayor pro tempore. The resulting vacancy in the City Council must be filled as provided in subsection 1.

     3.  The appointee or Mayor pro tempore, in the case of a vacancy in the office of Mayor, shall serve until his successor is elected and qualified at the next general election to serve the remainder of the unexpired term.

     Sec. 2.  Section 1.080 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 129, Statutes of Nevada 1993, at page 229, is hereby amended to read as follows:

     Sec. 1.080  Appointive positions.

     1.  The Mayor of the City shall appoint a City Manager, subject to confirmation by the City Council.

     2.  [Subject to confirmation by the City Council,] Except as otherwise provided in this Charter, the City Manager shall appoint [:

     (a) The] the heads of [the Fire and Police departments and one technical assistant in each of those departments. A technical assistant may not supervise any other employees.

     (b) Any] each department.

     3.  Except as otherwise provided in this Charter, the City Manager or the designee of the City Manager may appoint any employee employed in a bona fide executive, administrative or professional capacity. As used in this [paragraph:

           (1)] subsection:

     (a) “Employee employed in a bona fide executive capacity” has the meaning ascribed to it in 29 C.F.R. § [541.1, as that section existed on October 1, 1993.

           (2)] 541.100.

     (b) “Employee employed in a bona fide administrative capacity” has the meaning ascribed to it in 29 C.F.R. § [541.2, as that section existed on October 1, 1993.

           (3)] 541.200.

     (c) “Employee employed in a bona fide professional capacity” has the meaning ascribed to it in 29 C.F.R. § [541.3, as that section existed on October 1, 1993.

     3.] 541.300.

     4.  The City [Council] Manager shall create and revise as necessary a document which:

     (a) Describes the organization of all departments, divisions and offices of the City; and

     (b) Sets forth all appointive positions of the City.

 


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ê2011 Statutes of Nevada, Page 134 (Chapter 32, AB 97)ê

 

     Sec. 3.  Section 1.100 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1310, is hereby amended to read as follows:

     Sec. 1.100  Mayor and Councilmen not to hold other office.

     1.  The Mayor and a member of the Council may not:

     (a) Hold any other elective office with the State of Nevada, Washoe County, the City of Sparks or any other city, except as provided by law.

     (b) [Be] Except as otherwise provided in subsection 3 of section 3.010, be appointed to any position created by , or the compensation for which was increased or fixed by , the City Council until 1 year after the expiration of the term for which such person was elected.

     2.  Any person holding any office proscribed by subsection 1 automatically forfeits his office as Mayor or member of the Council.

     Sec. 4.  Section 1.130 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 457, Statutes of Nevada 1979, at page 852, is hereby amended to read as follows:

     Sec. 1.130  Certain activities prohibited.

     1.  A person shall not be appointed to or removed from, or in any way favored or discriminated against with respect to , any City position or appointive City administrative office because of race, sex, [religious creed,] sexual orientation, religion, color, age, disability, marital status or national origin, [ancestry or political affiliations.] or because of political or personal reasons or affiliations, except when based upon a bona fide occupational qualification.

     2.  A person who seeks appointment or promotion with respect to any City position or appointive City administrative office shall not directly or indirectly give, render or pay any money, service or other valuable thing to any person for or in connection with his test, appointment, proposed appointment, promotion or proposed promotion.

     3.  A person shall not orally, in writing or otherwise solicit or assist in soliciting any assessment, subscription or contribution for any elected officer of the City or candidate for any City office from any person holding any compensated appointive City position.

     4.  A person who holds any compensated appointive City position shall not make, solicit or receive any contribution of campaign funds for any elected officer of the City or candidate for any City office or take any part in the management, affairs or political campaign of the candidate.

     5.  Any person who by himself or with others willfully violates any of the provisions of subsections 1 [to 3, inclusive,] , 2 or 3 is subject to the jurisdiction of the Justice Court of the Township of Sparks and is guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment for not more than 6 months, or both.

     6.  Any person who violates any of the provisions of this section shall be ineligible to hold any City office or position for a period of 5 years and , if he is an officer or employee of the City, shall immediately forfeit his office or position.

 


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ê2011 Statutes of Nevada, Page 135 (Chapter 32, AB 97)ê

 

     Sec. 5.  Section 3.010 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 107, Statutes of Nevada 2003, at page 603, is hereby amended to read as follows:

     Sec. 3.010  Mayor: Duties; Mayor pro tempore.

     1.  The Mayor shall:

     (a) Preside over the meetings of the City Council, but is not entitled to vote on any procedural, substantive or other matter.

     (b) Act as the head of the government of the City for all purposes.

     (c) Perform such emergency duties as may be necessary for the general health, welfare and safety of the City.

     (d) Perform such other duties as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor.

     2.  The Mayor may veto all matters passed by the City Council if he gives notice in writing to the City Clerk within 10 days of the action taken by the City Council. A veto may be overturned only by a vote of at least four-fifths of the City Council. An action requiring the expenditure of money is not effective without the approval of the Mayor, unless he does not disapprove the action within 10 days after it is taken by the City Council, or the City Council by a four-fifths majority approves such expenditure at a regular meeting.

     3.  The [City Council shall elect one of its members] Mayor shall nominate a member of the City Council to be Mayor pro tempore. The nominee must be approved by a majority of the total number of members of the City Council. If so approved, the nominee shall be Mayor pro tempore. He shall:

     (a) Hold the office and title until the next general election without additional compensation, except as otherwise provided in paragraph (c).

     (b) Perform the duties of Mayor during the temporary absence or disability of the Mayor without loss of his rights and powers as a member of the Council.

     (c) Act as Mayor until the next general election if the office of Mayor becomes vacant and draw the salary of Mayor. His salary and position as a member of the Council cease.

     Sec. 6.  Section 3.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1315, is hereby amended to read as follows:

     Sec. 3.020  City Manager: Duties; residence.

     1.  The City Manager is responsible to the Council for the efficient administration of all the affairs of the City. He shall:

     (a) Exercise a careful supervision of the City’s general affairs.

     (b) Enforce all laws and all acts of the Council which are subject to enforcement by him or by persons under his supervision.

     (c) Exercise control over all departments of the City government and its officers and employees . [, except any department whose chief executive officer is not appointed by the City Manager.]

 


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ê2011 Statutes of Nevada, Page 136 (Chapter 32, AB 97)ê

 

     (d) Attend all meetings of the Council and its committees, except when the Council is considering his removal, with the right to take part in discussions, but without power to vote.

     (e) Recommend to the Council the adoption of such measures and bills as he considers necessary or expedient.

     (f) Make investigations into:

           (1) The affairs of the City;

           (2) Any department or division of the City;

           (3) Any contract; or

           (4) The proper performance of any obligation owed to the City.

     (g) Prepare and submit to the Council the annual budget.

     (h) Keep the Council fully informed as to the financial condition and needs of the City.

     (i) Submit to the Council, at least once each month, a summary of all claims and bills approved for payment by him.

     (j) Not engage in any other business or occupation without the approval of the City Council.

     (k) Perform such other duties as prescribed by this Charter or be required by ordinance or resolution of the Council.

     2.  The City Manager must establish his residence within the City within 90 days after his appointment, unless the period is extended by the Council. He must reside in the City during his term of office.

     Sec. 7.  Section 9.080 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 793, is hereby amended to read as follows:

     Sec. 9.080  Prohibited acts.  An employee of the City who has authority to recommend, effectuate or approve the hiring, removal, promotion or discipline of another employee of the City shall not:

     1.  Discriminate for or against an employee or applicant for employment on the basis of race, color, national origin, religion, age, sex, marital status, [political affiliation or physical, aural or visual handicap,] sexual orientation or disability, or because of political or personal reasons or affiliations, except when based upon a bona fide occupational qualification;

     2.  Solicit or consider a written or oral recommendation or statement concerning a person under consideration for hiring, removal, promotion or discipline, except for:

     (a) A record of employment of the person maintained by an employer in the regular course of business; or

     (b) An evaluation of the person’s character, loyalty, ability, aptitude, suitability, qualifications or history of performance, if within the personal knowledge of the person furnishing the evaluation and if relevant to the position for which the person is under consideration;

     3.  Coerce an employee to engage in a political activity or to provide, or retaliate against an employee for refusing to provide, a political contribution or service;

 


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ê2011 Statutes of Nevada, Page 137 (Chapter 32, AB 97)ê

 

     4.  Deceive or willfully obstruct a person regarding his right to seek a position of employment;

     5.  Influence a person to withdraw from seeking a position of employment to assist or obstruct another person who seeks such a position;

     6.  Except as specifically authorized by an ordinance, administrative rule or regulation, or state or federal law, grant a preference or advantage to an employee or applicant for employment, including defining the scope or manner of competition or the requirements for a position of employment, to assist or obstruct any person who seeks such a position;

     7.  Retaliate against an employee or applicant for employment for disclosing information he reasonably believes to evidence:

     (a) A violation of an ordinance, administrative rule or regulation, or state or federal law; or

     (b) A mismanagement or gross waste of money, an abuse of authority, or a situation that presents a substantial and specific danger to the public health or safety, unless the disclosure is:

           (1) Specifically prohibited by a contract to which the City is a party and not required by an ordinance, administrative rule or regulation, or state or federal law; or

           (2) Prohibited by an ordinance, administrative rule or regulation, or state or federal law; or

     8.  Retaliate against an employee or applicant for employment for exercising a right of appeal provided by an ordinance, administrative rule or regulation, or state or federal law.

     Sec. 8.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 138ê

 

CHAPTER 33, AB 250

Assembly Bill No. 250–Assemblymen Conklin, Horne; and Ohrenschall

 

CHAPTER 33

 

[Approved: May 12, 2011]

 

AN ACT relating to juries; repealing the prospective expiration of the exemption from jury service of any police officer; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, police officers are exempt from service as grand or trial jurors, but this provision is only effective through June 30, 2011. (NRS 6.020) This bill repeals the prospective expiration of the exemption from jury service of any police officer. (Section 3, chapter 136, Statutes of Nevada 2007, p. 417)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Section 3 of chapter 136, Statutes of Nevada 2007, at page 417, is hereby amended to read as follows:

     Sec. 3.  [1.]  This act becomes effective upon passage and approval.

     [2.  The amendatory provisions of section 1 of this act expire by limitation on July 1, 2011.]

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 139ê

 

CHAPTER 34, AB 261

Assembly Bill No. 261–Assemblymen Hansen, Kirner; Carrillo, Diaz, Goedhart, Hammond, Hardy and Kite

 

Joint Sponsor: Senator Lee

 

CHAPTER 34

 

[Approved: May 12, 2011]

 

AN ACT relating to courts; increasing the monetary limit in actions for small claims adjudicated in a justice court; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the jurisdiction of a justice court includes actions for small claims in which the amount claimed does not exceed $5,000 and in which the defendant is within the personal jurisdiction of the justice court. (NRS 73.010) Section 1 of this bill increases this monetary limit for small claims from $5,000 to $7,500. Existing law also requires each justice of the peace to charge and collect certain fees. (NRS 4.060) Section 2 of this bill establishes the fee that each justice of the peace must charge and collect for the preparation and filing of an affidavit and order in an action for small claims in which the sum claimed exceeds $5,000 but does not exceed $7,500.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 73.010 is hereby amended to read as follows:

     73.010  In all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed [$5,000] $7,500 and the defendant named:

     1.  Is a resident of;

     2.  Does business in; or

     3.  Is employed in,

Ê the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

     Sec. 2.  NRS 4.060 is hereby amended to read as follows:

     4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:

     (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

 

If the sum claimed does not exceed $1,000............................................................................ $28.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.............................................. 50.00

If the sum claimed exceeds $2,500 but does not exceed $4,500............................................ 100.00

If the sum claimed exceeds $4,500 but does not exceed $6,500............................................ 125.00

 


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ê2011 Statutes of Nevada, Page 140 (Chapter 34, AB 261)ê

 

If the sum claimed exceeds $6,500 but does not exceed $7,500.......................................... $150.00

If the sum claimed exceeds $7,500 but does not exceed $10,000.......................................... 175.00

In all other civil actions............................................................................................................ 28.00

 

     (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

 

If the sum claimed does not exceed $1,000............................................................................ $25.00

If the sum claimed exceeds $1,000 but does not exceed $2,500.............................................. 45.00

If the sum claimed exceeds $2,500 but does not exceed $5,000.............................................. 65.00

If the sum claimed exceeds $5,000 but does not exceed $7,500............................................ 125.00

 

     (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:

 

In all civil actions................................................................................................................... $12.00

For every additional defendant, appearing separately................................................................. 6.00

 

     (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

     (e) For the filing of any paper in intervention................................................................................ $6.00

     (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court................................................................................... $6.00

     (g) For filing a notice of appeal, and appeal bonds...................................................................... $12.00

One charge only may be made if both papers are filed at the same time.

     (h) For issuing supersedeas to a writ designed to enforce a judgment or order of the court.......... $12.00

     (i) For preparation and transmittal of transcript and papers on appeal.......................................... $12.00

     (j) For celebrating a marriage and returning the certificate to the county recorder or county clerk $50.00

     (k) For entering judgment by confession........................................................................................ $6.00

     (l) For preparing any copy of any record, proceeding or paper, for each page................................ $.30

     (m) For each certificate of the clerk, under the seal of the court.................................................... $3.00

     (n) For searching records or files in his or her office, for each year.............................................. $1.00

     (o) For filing and acting upon each bail or property bond............................................................ $40.00

     2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.

 


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ê2011 Statutes of Nevada, Page 141 (Chapter 34, AB 261)ê

 

     3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (j) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.

     4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.

     5.  The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

     (a) An amount equal to $5 of each fee collected pursuant to paragraph (j) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.

     (b) One-half of the fees collected pursuant to paragraph (o) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.

     Sec. 3.  The amendatory provisions of this act apply only to an action filed on or after July 1, 2011.

     Sec. 4.  This act becomes effective on July 1, 2011.

________

CHAPTER 35, AB 147

Assembly Bill No. 147–Assemblymen Mastroluca, Ohrenschall; Benitez-Thompson, Dondero Loop, Flores and Frierson

 

CHAPTER 35

 

[Approved: May 12, 2011]

 

AN ACT relating to domestic relations; providing that the termination of parental rights does not terminate the right of a child to inherit from his or her parent or parents except under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, upon finding grounds for the termination of parental rights, a court is required to make a written order judicially: (1) depriving the parent or parents of the custody and control of the child; (2) terminating the parental rights of the parent or parents with respect to the child; and (3) placing the custody and control of the child in some person or agency qualified by the laws of this State to provide services and care to children, or to receive any children for placement. (NRS 128.110) Section 2 of this bill provides that the termination of parental rights does not terminate the right of the child to inherit from his or her parent or parents, except that the right to inherit terminates if the child is adopted. Section 1 of this bill makes a corresponding technical change by amending the definition of “parent and child relationship” to delete the reference to the right of inheritance and clarify that the termination of parental rights, which severs the “parent and child relationship,” does not thereby terminate the right of the child to inherit from his or her parent or parents.

 


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ê2011 Statutes of Nevada, Page 142 (Chapter 35, AB 147)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 128.015 is hereby amended to read as follows:

     128.015  1.  “Parent and child relationship” includes all rights, privileges and obligations existing between parent and child . [, including rights of inheritance.]

     2.  As used in this section, “parent” includes an adoptive parent.

     Sec. 2.  NRS 128.110 is hereby amended to read as follows:

     128.110  1.  Whenever the procedure described in this chapter has been followed, and upon finding grounds for the termination of parental rights pursuant to NRS 128.105 at a hearing upon the petition, the court shall make a written order, signed by the judge presiding in the court, judicially depriving the parent or parents of the custody and control of, and terminating the parental rights of the parent or parents with respect to the child, and declaring the child to be free from such custody or control, and placing the custody and control of the child in some person or agency qualified by the laws of this State to provide services and care to children, or to receive any children for placement. The termination of parental rights pursuant to this section does not terminate the right of the child to inherit from his or her parent or parents, except that the right to inherit terminates if the child is adopted as provided in NRS 127.160.

     2.  If the child is placed in the custody and control of a person or agency qualified by the laws of this State to receive children for placement, the person or agency, in seeking to place the child:

     (a) May give preference to the placement of the child with any person related within the fifth degree of consanguinity to the child whom the person or agency finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.

     (b) Shall, if practicable, give preference to the placement of the child together with his or her siblings.

Ê Any search for a relative with whom to place a child pursuant to this subsection must be completed within 1 year after the initial placement of the child outside of his or her home.

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ê2011 Statutes of Nevada, Page 143ê

 

CHAPTER 36, AB 111

Assembly Bill No. 111–Committee on Judiciary

 

CHAPTER 36

 

[Approved: May 12, 2011]

 

AN ACT relating to domestic relations; authorizing certain prospective adoptive parents to attend by telephone hearings concerning a petition for adoption; revising the residency requirements for certain adoptions; authorizing a court in an adoption proceeding to grant a sibling of the child a right to visitation under certain circumstances; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill authorizes prospective adoptive parents to attend, by telephone or in person, any hearings held by the court concerning a petition for adoption if the prospective adoptive parents reside in another state or jurisdiction and the adoption is of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division of Child and Family Services of the Department of Health and Human Services.

       Existing law requires prospective adoptive parents to reside in Nevada for a period of at least 6 months before a petition for adoption may be granted. (NRS 127.060) Section 3 of this bill provides an exception to that requirement for petitions for the adoption of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division. Thus, persons who have lived in Nevada for less than 6 months and residents of another state or jurisdiction are exempt from the residency requirement if the petition for adoption is filed for the adoption of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division.

       Existing law authorizes, with certain exceptions, the court, in an adoption proceeding for a child, to grant the right to visitation only to certain relatives of the child, including siblings of the child, who have previously been granted a similar right of visitation pursuant to NRS 125C.050. (NRS 127.171) Section 4.5 of this bill similarly authorizes the court in such an adoption proceeding to grant a right of visitation to a sibling of a child if the child is in the custody of an agency which provides child welfare services and the sibling has previously been granted a similar right of visitation pursuant to NRS 432B.580. Section 4.5 further requires the agency which provides child welfare services to provide the court with a copy of any such order for visitation.

       Existing law requires the court to hold a hearing to review the placement of a child in need of protection at least semiannually. (NRS 432B.580) Section 6.5 of this bill requires the notice of the hearing to: (1) include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of section 4.5 requiring a previous grant of a similar right of visitation; and (2) be given to a sibling of the child who has been adopted and who has been granted a right to visitation pursuant to section 4.5. Section 6.5 further provides that certain confidential information must not be included in such a notice of hearing.

 


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ê2011 Statutes of Nevada, Page 144 (Chapter 36, AB 111)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 127 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The prospective adoptive parents may attend by telephone, in lieu of attending in person, any hearings held by the court concerning the petition for adoption if:

     (a) The prospective adoptive parents reside in another state or jurisdiction;

     (b) The petition for adoption is filed for the adoption of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division pursuant to this chapter; and

     (c) A representative of the agency responsible for supervising the child in the state where the child will be placed appears at the hearing by telephone.

     2.  The appearance of the prospective adoptive parents and the representative of the agency described in paragraph (c) of subsection 1 must occur at the office of the agency or at the home of the prospective adoptive parents, as determined by the agency.

     3.  If the prospective adoptive parents are attending a hearing by telephone pursuant to subsection 1, the court shall place the telephone call to a telephone number known to be a telephone number of the agency described in paragraph (c) of subsection 1 or of the prospective adoptive parents.

     Sec. 2.  NRS 127.005 is hereby amended to read as follows:

     127.005  The provisions of NRS 127.010 to 127.1895, inclusive, and section 1 of this act govern the adoption of minor children, and the provisions of NRS 127.190, 127.200 and 127.210 and the provisions of NRS 127.010 to 127.1895, inclusive, where not inconsistent with the provisions of NRS 127.190, 127.200 and 127.210, govern the adoption of adults.

     Sec. 3.  NRS 127.060 is hereby amended to read as follows:

     127.060  1.  [The] Except as otherwise provided in subsection 3, the petition for adoption shall not be granted unless the petitioners have resided in the State of Nevada for a period of 6 months prior to the granting of the petition.

     2.  The same petitioners may, in one petition, petition for the adoption of two or more children, if the children be brothers or sisters or brother and sister.

     3.  The provisions of subsection 1 do not apply if the petition for adoption is filed for the adoption of a child who is in the custody of an agency which provides child welfare services or a child-placing agency licensed by the Division pursuant to this chapter.

     Sec. 4.  NRS 127.110 is hereby amended to read as follows:

     127.110  1.  A petition for adoption of a child who currently resides in the home of the petitioners may be filed at any time after the child has lived in the home for 30 days.

     2.  The petition for adoption must state, in substance, the following:

 


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ê2011 Statutes of Nevada, Page 145 (Chapter 36, AB 111)ê

 

     (a) The full name and age of the petitioners and , unless the petition is a petition for adoption described in subsection 3 of NRS 127.060, the period the petitioners have resided in the State of Nevada before the filing of the petition.

     (b) The age of the child sought to be adopted and the period that the child has lived in the home of petitioners before the filing of the petition.

     (c) That it is the desire of the petitioners that the relationship of parent and child be established between them and the child.

     (d) Their desire that the name of the child be changed, together with the new name desired.

     (e) That the petitioners are fit and proper persons to have the care and custody of the child.

     (f) That they are financially able to provide for the child.

     (g) That there has been a full compliance with the law in regard to consent to adoption.

     (h) That there has been a full compliance with NRS 127.220 to 127.310, inclusive.

     (i) Whether the child is known to be an Indian child.

     3.  No order of adoption may be entered unless there has been full compliance with the provisions of NRS 127.220 to 127.310, inclusive.

     Sec. 4.5.  NRS 127.171 is hereby amended to read as follows:

     127.171  1.  Except as otherwise provided in NRS 127.187 to 127.1895, inclusive, in a proceeding for the adoption of a child, the court may grant a reasonable right to visit to [certain] :

     (a) A sibling of the child if the child is in the custody of an agency which provides child welfare services and a similar right has been granted previously pursuant to NRS 432B.580; and

     (b) Certain relatives of the child only if a similar right had been granted previously pursuant to NRS 125C.050.

     2.  The agency which provides child welfare services shall provide the court which is conducting the adoption proceedings with a copy of any order for visitation with a sibling of the child that was issued pursuant to NRS 432B.580.

     3.  The court may not grant a right to visit the child to any person other than as specified in subsection 1.

     Sec. 5.  NRS 127.188 is hereby amended to read as follows:

     127.188  1.  Before a court may enter an order or decree of adoption of a child, the court must address in person:

     (a) [Each] Except as otherwise provided in subsection 2, each prospective adoptive parent of the child to be adopted;

     (b) Each director or other authorized representative of the agency which provides child welfare services or the licensed child-placing agency involved in the adoption proceedings concerning the child; and

     (c) Each attorney representing a prospective adoptive parent, the child, the agency which provides child welfare services or the licensed child-placing agency in the adoption proceedings concerning the child,

Ê and inquire whether the person has actual knowledge that the prospective adoptive parent or parents of the child and natural parent or parents of the child have entered into an agreement that provides for postadoptive contact pursuant to NRS 127.187.

     2.  The court may for purposes of subsection 1 address a prospective adoptive parent described in section 1 of this act by telephone.

 


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ê2011 Statutes of Nevada, Page 146 (Chapter 36, AB 111)ê

 

     3.  If the court determines that the prospective adoptive parent or parents and the natural parent or parents have entered into an agreement that provides for postadoptive contact, the court shall:

     (a) Order the prospective adoptive parent or parents to provide a copy of the agreement to the court; and

     (b) Incorporate the agreement into the order or decree of adoption.

     Sec. 6.  (Deleted by amendment.)

     Sec. 6.5.  NRS 432B.580 is hereby amended to read as follows:

     432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

     2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

     (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation; and

     (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

           (1) Whether the child was placed together with the siblings;

           (2) Any efforts made by the agency to have the child placed together with the siblings;

           (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

           (4) If the child is not placed together with the siblings:

                (I) The reasons why the child is not placed together with the siblings; and

                (II) A plan for the child to visit the siblings, which must be approved by the court.

     3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

     4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

     5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

 


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ê2011 Statutes of Nevada, Page 147 (Chapter 36, AB 111)ê

 

     6.  Except as otherwise provided in this subsection and paragraph (c) of subsection 4 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

     (a) All the parties to any of the prior proceedings; [and]

     (b) Any persons planning to adopt the child [,] ;

     (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if any; and

     (d) Any other relatives of the child or providers of foster care who are currently providing care to the child.

[Ê Notice]

     7.  The notice of the hearing [need] required to be given pursuant to subsection 6:

     (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

     (b) Must not include any confidential information described in NRS 127.140; and

     (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

     [7.] 8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 an opportunity to be heard at the hearing.

     [8.] 9.  The court or panel shall review:

     (a) The continuing necessity for and appropriateness of the placement;

     (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

     (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

     (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.

     [9.] 10.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative , any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

     Sec. 6.7.  NRS 432B.590 is hereby amended to read as follows:

     432B.590  1.  Except as otherwise provided in NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

     (a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.

     (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Ê Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.

     2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 an opportunity to be heard at the hearing.

     3.  At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and determine:

 


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ê2011 Statutes of Nevada, Page 148 (Chapter 36, AB 111)ê

 

     (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553; and

     (b) Whether, and if applicable when:

           (1) The child should be returned to the parents of the child or placed with other relatives;

           (2) It is in the best interests of the child to:

                (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;

                (II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or

                (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or

           (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of the child in another permanent living arrangement.

Ê The court shall prepare an explicit statement of the facts upon which each of its determinations is based. If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures. The provisions of this subsection do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

     4.  If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

     5.  This hearing may take the place of the hearing for review required by NRS 432B.580.

     6.  The provision of notice and an opportunity to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative , any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

     Sec. 7.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 149ê

 

CHAPTER 37, AB 166

Assembly Bill No. 166–Assemblymen Bustamante Adams, Kirkpatrick; and Hardy

 

Joint Sponsor: Senator Hardy

 

CHAPTER 37

 

[Approved: May 12, 2011]

 

AN ACT relating to municipal obligations; revising provisions authorizing a municipality to call a special election for the purpose of refunding bonds; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires municipalities to submit to the electors proposals to issue or incur certain general obligations. Such proposals must be submitted to the electors at: (1) the next general municipal election; (2) the next general state election; (3) a special election to be held on a certain day in June of odd-numbered years; or (4) a special election held at any time if the governing body of the municipality determines that an emergency exists. (NRS 350.020) This bill prohibits a municipality from determining that an emergency exists for the purpose of holding a special election to submit to the electors a proposal to refund bonds.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 350.020 is hereby amended to read as follows:

     350.020  1.  Except as otherwise provided by subsections 3 and 4, if a municipality proposes to issue or incur general obligations, the proposal must be submitted to the electors of the municipality at a special election called for that purpose or the next general municipal election or general state election.

     2.  Such a special election may be held:

     (a) At any time, including, without limitation, on the date of a primary municipal election or a primary state election, if the governing body of the municipality determines, by a unanimous vote, that an emergency exists; or

     (b) On the first Tuesday after the first Monday in June of an odd-numbered year , [.]

Ê except that the governing body shall not determine that an emergency exists if the special election is for the purpose of submitting to the electors a proposal to refund bonds. The determination made by the governing body is conclusive unless it is shown that the governing body acted with fraud , [or] a gross abuse of discretion [.] or in violation of the provisions of this subsection. An action to challenge the determination made by the governing body must be commenced within 15 days after the governing body’s determination is final. As used in this subsection, “emergency” means any occurrence or combination of occurrences which requires immediate action by the governing body of the municipality to prevent or mitigate a substantial financial loss to the municipality or to enable the governing body to provide an essential service to the residents of the municipality.

 


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ê2011 Statutes of Nevada, Page 150 (Chapter 37, AB 166)ê

 

     3.  If payment of a general obligation of the municipality is additionally secured by a pledge of gross or net revenue of a project to be financed by its issue, and the governing body determines, by an affirmative vote of two-thirds of the members elected to the governing body, that the pledged revenue will at least equal the amount required in each year for the payment of interest and principal, without regard to any option reserved by the municipality for early redemption, the municipality may, after a public hearing, incur this general obligation without an election unless, within 90 days after publication of a resolution of intent to issue the bonds, a petition is presented to the governing body signed by not less than 5 percent of the registered voters of the municipality. Any member elected to the governing body whose authority to vote is limited by charter, statute or otherwise may vote on the determination required to be made by the governing body pursuant to this subsection. The determination by the governing body becomes conclusive on the last day for filing the petition. For the purpose of this subsection, the number of registered voters must be determined as of the close of registration for the last preceding general election. The resolution of intent need not be published in full, but the publication must include the amount of the obligation and the purpose for which it is to be incurred. Notice of the public hearing must be published at least 10 days before the day of the hearing. The publications must be made once in a newspaper of general circulation in the municipality. When published, the notice of the public hearing must be at least as large as 5 inches high by 4 inches wide.

     4.  The board of trustees of a school district may issue general obligation bonds which are not expected to result in an increase in the existing property tax levy for the payment of bonds of the school district without holding an election for each issuance of the bonds if the qualified electors approve a question submitted by the board of trustees that authorizes issuance of bonds for a period of 10 years after the date of approval by the voters. If the question is approved, the board of trustees of the school district may issue the bonds for a period of 10 years after the date of approval by the voters, after obtaining the approval of the debt management commission in the county in which the school district is located and, in a county whose population is 100,000 or more, the approval of the oversight panel for school facilities established pursuant to NRS 393.092 in that county, if the board of trustees of the school district finds that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. The finding made by the board of trustees is conclusive in the absence of fraud or gross abuse of discretion. As used in this subsection, “general obligations” does not include medium-term obligations issued pursuant to NRS 350.087 to 350.095, inclusive.

     5.  At the time of issuance of bonds authorized pursuant to subsection 4, the board of trustees shall establish a reserve account in its debt service fund for payment of the outstanding bonds of the school district. The reserve account must be established and maintained in an amount at least equal to the lesser of the amount of principal and interest payments due on all of the outstanding bonds of the school district in the next fiscal year or 10 percent of the outstanding principal amount of the outstanding bonds of the school district.

 


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ê2011 Statutes of Nevada, Page 151 (Chapter 37, AB 166)ê

 

of the outstanding principal amount of the outstanding bonds of the school district. If the amount in the reserve account falls below the amount required by this subsection:

     (a) The board of trustees shall not issue additional bonds pursuant to subsection 4 until the reserve account is restored to the level required by this subsection; and

     (b) The board of trustees shall apply all of the taxes levied by the school district for payment of bonds of the school district that are not needed for payment of the principal and interest on bonds of the school district in the current fiscal year to restore the reserve account to the level required pursuant to this subsection.

     6.  A question presented to the voters pursuant to subsection 4 may authorize all or a portion of the revenue generated by the debt rate which is in excess of the amount required:

     (a) For debt service in the current fiscal year;

     (b) For other purposes related to the bonds by the instrument pursuant to which the bonds were issued; and

     (c) To maintain the reserve account required pursuant to subsection 5,

Ê to be transferred to the county school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds during the period of voter authorization if the findings and approvals required by subsection 4 are obtained.

     7.  A municipality may issue special or medium-term obligations without an election.

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

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ê2011 Statutes of Nevada, Page 152ê

 

CHAPTER 38, AB 217

Assembly Bill No. 217–Assemblymen Ellison, Hansen; Aizley, Anderson, Bobzien, Bustamante Adams, Carrillo, Goedhart, Goicoechea, Grady, Hambrick, Hammond, Hardy, Hickey, Kirkpatrick, Kirner, Kite, Livermore, McArthur, Munford, Sherwood, Stewart and Woodbury

 

Joint Sponsors: Senators Hardy, Settelmeyer, Gustavson; Brower, Lee, Manendo and McGinness

 

CHAPTER 38

 

[Approved: May 12, 2011]

 

AN ACT relating to firearms; repealing provisions governing the interstate sale of certain firearms; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Before the enactment of the federal Firearms Owners’ Protection Act of 1986, the Gun Control Act of 1968 generally prohibited the interstate sale of firearms but, in certain circumstances, authorized the sale of rifles or shotguns to residents of a state contiguous to the state in which a licensee’s place of business was located. These provisions were revised by the Firearms Owners’ Protection Act of 1986, which authorizes the interstate sale of rifles and shotguns between a federally licensed dealer in one state and a resident of a different state, as long as such a sale complies with the applicable provisions of the laws of both states. (18 U.S.C. §§ 921 et seq.)

       Existing Nevada law continues to reflect the provisions of the Gun Control Act of 1968 and authorizes: (1) residents of this State to purchase rifles and shotguns in other states which are contiguous to this State if such residents conform to the applicable provisions of state and federal law that govern such a purchase; and (2) residents of other states which are contiguous to this State to purchase rifles and shotguns in this State if such residents also conform to the same applicable provisions of law. (NRS 597.910) This bill repeals these provisions, which means that the interstate sale of rifles and shotguns between a federally licensed dealer in one state and a resident of a different state would be authorized, as provided in the federal Firearms Owners’ Protection Act of 1986, as long as such a sale complies with the applicable provisions of the laws of both states.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 597.910 is hereby repealed.

     Sec. 2.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 153ê

 

CHAPTER 39, AB 262

Assembly Bill No. 262–Assemblyman Grady

 

Joint Sponsor: Senator Settelmeyer

 

CHAPTER 39

 

[Approved: May 12, 2011]

 

AN ACT relating to public administrators; making the District Attorney of Storey County the ex officio Public Administrator of Storey County; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, most counties elect a public administrator every 4 years. For certain other counties (currently Humboldt, Lander, Lincoln and White Pine Counties), the district attorney of the county serves, ex officio, as the public administrator of the county. (NRS 253.010, 253.050) Sections 1 and 2 of this bill provide for the District Attorney of Storey County to serve, ex officio, as the Public Administrator of that county. Section 3 of this bill provides that the District Attorney of Storey County shall begin to serve, ex officio, as the Public Administrator of Storey County on July 1, 2011.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 253.010 is hereby amended to read as follows:

     253.010  1.  Except as otherwise provided in subsections 4 and 5 or as altered pursuant to the mechanism set forth in NRS 244.1507, public administrators must be elected by the qualified electors of their respective counties.

     2.  Public administrators must be chosen by the electors of their respective counties at the general election in 1922 and at the general election every 4 years thereafter, and shall enter upon the duties of their office on the first Monday of January after their election.

     3.  The public administrator of a county must:

     (a) Be a qualified elector of the county;

     (b) Be at least 21 years of age on the date he or she will take office;

     (c) Not have been convicted of a felony for which his or her civil rights have not been restored by a court of competent jurisdiction; and

     (d) Not have been found liable in a civil action involving a finding of fraud, misrepresentation, material omission, misappropriation, theft or conversion.

     4.  The district attorneys of Humboldt, Lander, Lincoln , Storey and White Pine Counties are ex officio public administrators of Humboldt County, Lander County, Lincoln County , Storey County and White Pine County, respectively, unless such an arrangement is altered pursuant to the mechanism set forth in NRS 244.1507. The Clerk of Carson City shall serve as Public Administrator of Carson City.

 


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ê2011 Statutes of Nevada, Page 154 (Chapter 39, AB 262)ê

 

     5.  In a county other than Carson City and Humboldt, Lander, Lincoln , Storey and White Pine Counties, if, for any reason, the office of public administrator becomes vacant, the board of county commissioners may appoint a public administrator for the remainder of the unexpired term.

     Sec. 2.  NRS 253.050 is hereby amended to read as follows:

     253.050  1.  For the administration of the estates of deceased persons, public administrators are entitled to be paid as other administrators or executors are paid, subject to the provisions of NRS 245.043.

     2.  The district attorneys of Humboldt, Lander, Lincoln , Storey and White Pine Counties as ex officio public administrators and the Clerk of Carson City serving as Public Administrator of Carson City may retain all fees provided by law received by them as public administrators.

     3.  The public administrator is entitled to compensation from the estate or from beneficiaries for the reasonable value of his or her services performed in preserving the property of an estate of a deceased person before the appointment of an administrator. Compensation must be set by the board of county commissioners.

     Sec. 3.  1.  The term of office of the Public Administrator of Storey County who holds that office on June 30, 2011, expires upon the commencement of service of the District Attorney for Storey County as ex officio Public Administrator of Storey County pursuant to subsection 2.

     2.  The District Attorney for Storey County shall commence service as ex officio Public Administrator of Storey County on July 1, 2011.

     Sec. 4.  This act becomes effective on July 1, 2011.

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ê2011 Statutes of Nevada, Page 155ê

 

CHAPTER 40, AB 168

Assembly Bill No. 168–Assemblywomen Dondero Loop and Kirkpatrick

 

CHAPTER 40

 

[Approved: May 12, 2011]

 

AN ACT relating to general improvement districts; revising the provisions governing the formation of a general improvement district; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a board of county commissioners cannot begin the organization of a general improvement district that includes any real property within 7 miles from the boundary of an incorporated city or unincorporated town unless one of four conditions is met. (NRS 318.055) This bill allows a board of county commissioners to begin the organization of a general improvement district that includes real property within 7 miles from the boundary of an unincorporated town with a town advisory board or citizens’ advisory council without meeting one of the four existing conditions.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 318.055 is hereby amended to read as follows:

     318.055  1.  The formation of a district may be initiated by:

     (a) A resolution adopted by the board of county commissioners; or

     (b) A petition proposed by any owner of property to be located in the district.

     2.  After adoption of the resolution or receipt of the petition the organization of the district must be initiated by the adoption of an ordinance by the board of county commissioners, which is in this chapter sometimes designated the “initiating ordinance.” No initiating ordinance may be adopted by the board of county commissioners if the proposed district includes any real property within 7 miles from the boundary of an incorporated city or unincorporated town unless:

     (a) All members of the board of county commissioners unanimously vote for the organization of a district with boundaries which contravene this 7-mile limitation;

     (b) A petition for annexation to or inclusion within the incorporated city or unincorporated town of that property has first been filed with the governing body of the incorporated city or unincorporated town pursuant to law and the governing body thereof has refused to annex or include that property and has entered the fact of that refusal in its minutes;

     (c) No part of the area within the district is eligible for inclusion in a petition for such an annexation; [or]

     (d) The governing body of the incorporated city or the town board of the unincorporated town, by resolution, consents to the formation of the district [.] ; or

     (e) That property is within 7 miles of an unincorporated town with a town advisory board or citizens’ advisory council but is not within 7 miles of an incorporated city or unincorporated town with a town board.

 


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ê2011 Statutes of Nevada, Page 156 (Chapter 40, AB 168)ê

 

     3.  Except as is otherwise provided in this chapter, a district may be entirely within or entirely without, or partly within and partly without, one or more municipalities or counties, and the district may consist of noncontiguous tracts or parcels of property.

     4.  The initiating ordinance must set forth:

     (a) The name of the proposed district, consisting of a chosen name preceding the word “District,” or, if the district is authorized to exercise more than one basic power, the words “General Improvement District.” If a district’s name as provided in the organizational proceedings does not include the words “General Improvement,” and if subsequently any additional basic power is granted to the district pursuant to NRS 318.077, the board of county commissioners may redesignate the district with a chosen name preceding the words “General Improvement District.”

     (b) A statement of the basic power or basic powers for which the district is proposed to be created (for instance, by way of illustration, “for paving, curb and gutters, sidewalks, storm drainage and sanitary sewer improvements within the district”). The basic power or basic powers stated in the initiating ordinance must be one or more of those authorized in NRS 318.116, as supplemented by the sections of this chapter designated therein.

     (c) A statement that the ordinance creating the district will be based on the board’s finding:

           (1) That public convenience and necessity require the creation of the district;

           (2) That the creation of the district is economically sound and feasible;

           (3) That the service plan for the district conforms to subsection 1 of NRS 308.030; and

           (4) That the service plan for the district does not contravene any of the criteria enumerated in subsection 1 of NRS 308.060.

     (d) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable an owner of property to determine whether his or her property is within the district.

     (e) The place and time for the hearing on the creation of the district.

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ê2011 Statutes of Nevada, Page 157ê

 

CHAPTER 41, AB 142

Assembly Bill No. 142–Assemblymen Ohrenschall, Horne, Frierson, Pierce, Munford; Aizley, Carlton, Carrillo, Daly, Diaz, Dondero Loop, Flores, Hickey, Kirkpatrick, Kirner, Mastroluca, Segerblom and Smith

 

CHAPTER 41

 

[Approved: May 12, 2011]

 

AN ACT relating to crimes; increasing the monetary threshold for the classification of certain crimes against property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes certain crimes making it unlawful to take or obtain property, including: (1) exploitation of an older or vulnerable person; (2) theft; (3) issuing a check without sufficient money or credit; (4) larceny; (5) receiving or possessing stolen property; (6) embezzlement; (7) obtaining property by false pretenses; and (8) other similar offenses. (NRS 200.5099, 205.0821-205.0835, 205.130, 205.2175-205.2707, 205.275, 205.300, 205.380) Existing law also imposes penalties for such crimes based on the value of the property or services involved in the crime. This bill increases the threshold amounts that determine whether certain theft and related property offenses are punishable as misdemeanors, gross misdemeanors or felonies.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 193.167 is hereby amended to read as follows:

     193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

     (a) Murder;

     (b) Attempted murder;

     (c) Assault;

     (d) Battery;

     (e) Kidnapping;

     (f) Robbery;

     (g) Sexual assault;

     (h) Embezzlement of money or property of a value of [$250] $650 or more;

     (i) Obtaining money or property of a value of [$250] $650 or more by false pretenses; or

     (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

 


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ê2011 Statutes of Nevada, Page 158 (Chapter 41, AB 142)ê

 

     2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

     3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

     (a) The facts and circumstances of the crime or criminal violation;

     (b) The criminal history of the person;

     (c) The impact of the crime or criminal violation on any victim;

     (d) Any mitigating factors presented by the person; and

     (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

     4.  The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

     5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

     6.  As used in this section, “vulnerable person” has the meaning ascribed to it in subsection 7 of NRS 200.5092.

     Sec. 2.  NRS 197.150 is hereby amended to read as follows:

     197.150  A public officer, or person holding or discharging the duties of any public office or place of trust under the State or in any county, town or city, a part of whose duty it is to audit, allow or pay, or take part in auditing, allowing or paying claims or demands upon the State or a county, town or city, who knowingly audits, allows or pays, or directly or indirectly consents to or in any way connives in the audit, allowance or payment of any claim or demand against the State, county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be punished:

     1.  Where the amount of the false or fraudulent charge, claim, item or demand is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the amount of the fraudulent charge, claim, item or demand is less than [$250,] $650, for a misdemeanor.

     Sec. 3.  NRS 197.210 is hereby amended to read as follows:

     197.210  An officer who fraudulently appropriates to his or her own use or to the use of another person, or secretes with the intent to appropriate to such a use, any money, evidence of debt or other property entrusted to the officer by virtue of his or her office, shall be punished:

 


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ê2011 Statutes of Nevada, Page 159 (Chapter 41, AB 142)ê

 

     1.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the amount of the money or the actual value of the property fraudulently appropriated or secreted with the intent to appropriate is less than [$250,] $650, for a misdemeanor.

     Sec. 4.  NRS 200.5099 is hereby amended to read as follows:

     200.5099  1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

     (a) For the first offense, of a gross misdemeanor; or

     (b) For any subsequent offense or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

     2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who:

     (a) Neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering;

     (b) Permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering; or

     (c) Permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect,

Ê is guilty of a gross misdemeanor unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

     3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished, if the value of any money, assets and property obtained or used:

     (a) Is less than [$250,] $650, for a misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment;

     (b) Is at least [$250,] $650 but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

     (c) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

     4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

 


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ê2011 Statutes of Nevada, Page 160 (Chapter 41, AB 142)ê

 

determined, the person shall be punished for a gross misdemeanor by imprisonment in the county jail for not more than 1 year, or by a fine of not more than $2,000, or by both fine and imprisonment.

     5.  Any person who isolates an older person or a vulnerable person is guilty:

     (a) For the first offense, of a gross misdemeanor; or

     (b) For any subsequent offense, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000.

     6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

     7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

     8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, the court shall order the person to pay restitution.

     9.  As used in this section:

     (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

     (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

     (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

     Sec. 5.  NRS 204.010 is hereby amended to read as follows:

     204.010  Every public officer or other person who has in his or her possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money is entrusted for safekeeping, or for transmission to any treasurer, other officer or person entitled to receive it, who uses any of the public money for his or her own private purposes, or for any purpose other than one authorized by law, shall, if the amount so unlawfully used is less than [$250,] $650, be punished for a misdemeanor.

     Sec. 6.  NRS 204.020 is hereby amended to read as follows:

     204.020  A public officer or other person who has in his or her possession, control or custody any public money belonging to this state, or to any county, town, city, district or municipal corporation within this state, or to whom any such public money is entrusted for safekeeping or for transmission to any treasurer or other officer, or other person entitled to receive it, who uses any of the public money for his or her own private purposes, or for any purpose other than one authorized by law, if the amount unlawfully used is [$250] $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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ê2011 Statutes of Nevada, Page 161 (Chapter 41, AB 142)ê

 

transmission to any treasurer or other officer, or other person entitled to receive it, who uses any of the public money for his or her own private purposes, or for any purpose other than one authorized by law, if the amount unlawfully used is [$250] $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     Sec. 7.  NRS 204.030 is hereby amended to read as follows:

     204.030  1.  It is unlawful for any public officer, and any other person receiving money on behalf of, or for or on account of, this State or of any department of the State Government or of any bureau or fund created by law in which the State is directly or indirectly interested, or for or on account of any county, city, town, municipal corporation or any school or district:

     (a) Knowingly to keep any false account, or make any false entry or erasure in any account, of or relating to any money so received;

     (b) Fraudulently to alter, falsify, conceal, destroy or obliterate any such account; or

     (c) Willfully to omit or refuse to pay over to the State, its officer or agent authorized by law to receive the money, or to the county, city, town or the school, municipal corporation, or district or to the proper officer or authority empowered to demand and receive it, any money received by him or her as such an officer when it is a legal duty to pay over and account for the money.

     2.  A person who violates any of the provisions of subsection 1 shall be punished:

     (a) Where the amount involved is [$250] $650 or more, for a category D felony as provided in NRS 193.130.

     (b) Where the amount involved is less than [$250,] $650, for a misdemeanor.

     Sec. 8.  NRS 204.050 is hereby amended to read as follows:

     204.050  A state, county, city or town treasurer who willfully misappropriates any money, funds or securities received by or deposited with the treasurer, or who is guilty of any other malfeasance or willful neglect of duty in office, shall be punished:

     1.  Where the amount misappropriated is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the amount misappropriated is less than [$250,] $650, for a misdemeanor.

     Sec. 9.  NRS 205.08345 is hereby amended to read as follows:

     205.08345  1.  A person who participates in an organized retail theft ring is guilty of a category B felony and shall be punished by imprisonment in the state prison for:

     (a) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is at least [$2,500] $3,500 but less than $10,000, a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     (b) If the aggregated value of the property or services involved in all thefts committed by the organized retail theft ring in this State during a period of 90 days is $10,000 or more, a minimum term of not less than 2 years and a maximum term of not more than 15 years, and by a fine of not more than $20,000.

 


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ê2011 Statutes of Nevada, Page 162 (Chapter 41, AB 142)ê

 

     2.  In addition to any other penalty, the court shall order a person who violates this section to pay restitution.

     3.  For the purposes of this section, in determining the aggregated value of the property or services involved in all thefts committed by an organized retail theft ring in this State during a period of 90 days:

     (a) The amount involved in a single theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which are obtained; and

     (b) The amounts involved in all thefts committed by all participants in the organized retail theft ring must be aggregated.

     4.  In any prosecution for a violation of this section, the violation shall be deemed to have been committed and may be prosecuted in any jurisdiction in this State in which any theft committed by any participant in an organized retail theft ring was committed, regardless of whether the defendant was ever physically present in that jurisdiction.

     5.  As used in this section:

     (a) “Merchant” has the meaning ascribed to it in NRS 597.850.

     (b) “Organized retail theft ring” means three or more persons who associate for the purpose of engaging in the conduct of committing a series of thefts of retail merchandise against more than one merchant in this State or against one merchant but at more than one location of a retail business of the merchant in this State.

     Sec. 10.  NRS 205.0835 is hereby amended to read as follows:

     205.0835  1.  Unless a greater penalty is imposed by a specific statute and unless the provisions of NRS 205.08345 apply under the circumstances, a person who commits theft in violation of any provision of NRS 205.0821 to 205.0835, inclusive, shall be punished pursuant to the provisions of this section.

     2.  If the value of the property or services involved in the theft is less than [$250,] $650, the person who committed the theft is guilty of a misdemeanor.

     3.  If the value of the property or services involved in the theft is [$250] $650 or more but less than [$2,500,] $3,500, the person who committed the theft is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     4.  If the value of the property or services involved in the theft is [$2,500] $3,500 or more, the person who committed the theft is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     5.  In addition to any other penalty, the court shall order the person who committed the theft to pay restitution.

     Sec. 11.  NRS 205.130 is hereby amended to read as follows:

     205.130  1.  Except as otherwise provided in this subsection and subsections 2 and 3, a person who willfully, with an intent to defraud, draws or passes a check or draft to obtain:

     (a) Money;

     (b) Delivery of other valuable property;

     (c) Services;

     (d) The use of property; or

     (e) Credit extended by any licensed gaming establishment,

 


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ê2011 Statutes of Nevada, Page 163 (Chapter 41, AB 142)ê

 

Ê drawn upon any real or fictitious person, bank, firm, partnership, corporation or depositary, when the person has insufficient money, property or credit with the drawee of the instrument to pay it in full upon its presentation, is guilty of a misdemeanor. If that instrument, or a series of instruments passed in the State during a period of 90 days, is in the amount of [$250] $650 or more, the person is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  A person who was previously convicted three times of a misdemeanor under the provisions of this section, or of an offense of a similar nature, in this State or any other state, or in a federal jurisdiction, who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     3.  A person who willfully issues any check or draft for the payment of wages in excess of [$250,] $650, when the person knows he or she has insufficient money or credit with the drawee of the instrument to pay the instrument in full upon presentation is guilty of a gross misdemeanor.

     4.  For the purposes of this section, “credit” means an arrangement or understanding with a person, firm, corporation, bank or depositary for the payment of a check or other instrument.

     Sec. 12.  NRS 205.134 is hereby amended to read as follows:

     205.134  1.  A notice in boldface type which is clearly legible and is in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted:

 

      The issuance of a check or draft without sufficient money or with intent to defraud is punishable by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment, and the issuance of such a check or draft in an amount of [$250] $650 or more or by a person who previously has been convicted three times of this or a similar offense is punishable as a category D felony as provided in NRS 193.130.

 

     2.  Failure of the owner, operator or manager of a bank or other place of business to post the sign required by this section is not a defense to charge of a violation of NRS 205.130.

     Sec. 13.  NRS 205.220 is hereby amended to read as follows:

     205.220  Except as otherwise provided in NRS 205.226 and 205.228, a person commits grand larceny if the person:

     1.  Intentionally steals, takes and carries away, leads away or drives away:

     (a) Personal goods or property, with a value of [$250] $650 or more, owned by another person;

     (b) Bedding, furniture or other property, with a value of [$250] $650 or more, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or

     (c) Real property, with a value of [$250] $650 or more, that the person has converted into personal property by severing it from real property owned by another person.

 


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     2.  Uses a card or other device for automatically withdrawing or transferring money in a financial institution to obtain intentionally money to which the person knows he or she is not entitled.

     3.  Intentionally steals, takes and carries away, leads away, drives away or entices away:

     (a) One or more head of livestock owned by another person; or

     (b) One or more domesticated animals or domesticated birds, with an aggregate value of [$250] $650 or more, owned by another person.

     4.  With the intent to defraud, steal, appropriate or prevent identification:

     (a) Marks or brands, causes to be marked or branded, alters or defaces a mark or brand, or causes to be altered or defaced a mark or brand upon one or more head of livestock owned by another person;

     (b) Sells or purchases the hide or carcass of one or more head of livestock owned by another person that has had a mark or brand cut out or obliterated;

     (c) Kills one or more head of livestock owned by another person but running at large, whether or not the livestock is marked or branded; or

     (d) Kills one or more domesticated animals or domesticated birds, with an aggregate value of [$250] $650 or more, owned by another person but running at large, whether or not the animals or birds are marked or branded.

     Sec. 14.  NRS 205.222 is hereby amended to read as follows:

     205.222  1.  Unless a greater penalty is imposed by a specific statute, a person who commits grand larceny in violation of NRS 205.220 shall be punished pursuant to the provisions of this section.

     2.  If the value of the property involved in the grand larceny is less than [$2,500,] $3,500, the person who committed the grand larceny is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     3.  If the value of the property involved in the grand larceny is [$2,500] $3,500 or more, the person who committed the grand larceny is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     4.  In addition to any other penalty, the court shall order the person who committed the grand larceny to pay restitution.

     5.  If the grand larceny involved a sale in violation of subsection 3 or 4 of NRS 205.220, all proceeds from the sale are subject to forfeiture.

     Sec. 15.  NRS 205.228 is hereby amended to read as follows:

     205.228  1.  A person who intentionally steals, takes and carries away, drives away or otherwise removes a motor vehicle owned by another person commits grand larceny of a motor vehicle.

     2.  Except as otherwise provided in subsection 3, a person who commits grand larceny of a motor vehicle is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     3.  If the prosecuting attorney proves that the value of the motor vehicle involved in the grand larceny is [$2,500] $3,500 or more, the person who committed the grand larceny of the motor vehicle is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     4.  In addition to any other penalty, the court shall order the person who committed the grand larceny of the motor vehicle to pay restitution.

 


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     Sec. 16.  NRS 205.240 is hereby amended to read as follows:

     205.240  1.  Except as otherwise provided in NRS 205.220, 205.226, 205.228 and 475.105, a person commits petit larceny if the person:

     (a) Intentionally steals, takes and carries away, leads away or drives away:

           (1) Personal goods or property, with a value of less than [$250,] $650, owned by another person;

           (2) Bedding, furniture or other property, with a value of less than [$250,] $650, which the person, as a lodger, is to use in or with his or her lodging and which is owned by another person; or

           (3) Real property, with a value of less than [$250,] $650, that the person has converted into personal property by severing it from real property owned by another person.

     (b) Intentionally steals, takes and carries away, leads away, drives away or entices away one or more domesticated animals or domesticated birds, with an aggregate value of less than [$250,] $650, owned by another person.

     2.  Unless a greater penalty is provided pursuant to NRS 205.267, a person who commits petit larceny is guilty of a misdemeanor. In addition to any other penalty, the court shall order the person to pay restitution.

     Sec. 17.  NRS 205.267 is hereby amended to read as follows:

     205.267  1.  A person who intentionally steals, takes and carries away scrap metal with a value of less than [$250] $650 within a period of 90 days is guilty of a misdemeanor.

     2.  A person who intentionally steals, takes and carries away scrap metal with a value of [$250] $650 or more within a period of 90 days is guilty of:

     (a) If the value of the property taken is less than [$2,500,] $3,500, a category C felony and shall be punished as provided in NRS 193.130; or

     (b) If the value of the property taken is [$2,500] $3,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     3.  In addition to any other penalty, the court shall order a person who violates the provisions of subsection 1 or 2 to pay restitution.

     4.  In determining the value of the property taken, the cost of repairing and, if necessary, replacing any property damaged by the theft of the scrap metal must be added to the value of the property.

     5.  As used in this section, “scrap metal” has the meaning ascribed to it in NRS 647.017.

     Sec. 18.  NRS 205.270 is hereby amended to read as follows:

     205.270  1.  A person who, under circumstances not amounting to robbery, with the intent to steal or appropriate to his or her own use, takes property from the person of another, without the other person’s consent, is guilty of:

     (a) If the value of the property taken is less than [$2,500,] $3,500, a category C felony and shall be punished as provided in NRS 193.130; or

     (b) If the value of the property taken is [$2,500] $3,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     2.  In addition to any other penalty, the court shall order the person to pay restitution.

 


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     3.  The court shall not grant probation to or suspend the sentence of any person convicted of violating subsection 1 if the person from whom the property was taken has any infirmity caused by age or other physical condition.

     Sec. 19.  NRS 205.2707 is hereby amended to read as follows:

     205.2707  1.  A person who intentionally steals, takes and carries away property of the value of [$250] $650 or more from vending machines within a period of 1 week is guilty of:

     (a) If the value of the property taken is less than [$2,500,] $3,500, a category C felony and shall be punished as provided in NRS 193.130; or

     (b) If the value of the property taken is [$2,500] $3,500 or more, a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     2.  In addition to any other penalty, the court shall order the person to pay restitution.

     3.  In determining the value of the property taken, the cost of repairing damaged vending machines and replacing any machine, if necessary, must be added to the value of the property.

     Sec. 20.  NRS 205.273 is hereby amended to read as follows:

     205.273  1.  A person commits an offense involving a stolen vehicle if the person:

     (a) With the intent to procure or pass title to a motor vehicle which the person knows or has reason to believe has been stolen, receives or transfers possession of the vehicle from or to another person; or

     (b) Has in his or her possession a motor vehicle which the person knows or has reason to believe has been stolen.

     2.  The provisions of subsection 1 do not apply to an officer of the law if the officer is engaged in the performance of his or her duty as an officer at the time of the receipt, transfer or possession of the stolen vehicle.

     3.  Except as otherwise provided in subsection 4, a person who violates the provisions of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

     4.  If the prosecuting attorney proves that the value of the vehicle involved is [$2,500] $3,500 or more, the person who violated the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     5.  In addition to any other penalty, the court shall order the person to pay restitution.

     6.  For the purposes of this section, the value of a vehicle shall be deemed to be the highest value attributable to the vehicle by any reasonable standard.

     Sec. 21.  NRS 205.275 is hereby amended to read as follows:

     205.275  1.  A person commits an offense involving stolen property if the person, for his or her own gain or to prevent the owner from again possessing the owner’s property, buys, receives, possesses or withholds property:

     (a) Knowing that it is stolen property; or

     (b) Under such circumstances as should have caused a reasonable person to know that it is stolen property.

 


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     2.  A person who commits an offense involving stolen property in violation of subsection 1:

     (a) If the value of the property is less than [$250,] $650, is guilty of a misdemeanor;

     (b) If the value of the property is [$250] $650 or more but less than [$2,500,] $3,500, is guilty of a category C felony and shall be punished as provided in NRS 193.130; or

     (c) If the value of the property is [$2,500] $3,500 or more or if the property is a firearm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

     3.  In addition to any other penalty, the court shall order the person to pay restitution.

     4.  A person may be prosecuted and convicted pursuant to this section whether or not the principal is or has been prosecuted or convicted.

     5.  Possession by any person of three or more items of the same or a similar class or type of personal property on which a permanently affixed manufacturer’s serial number or manufacturer’s identification number has been removed, altered or defaced, is prima facie evidence that the person has violated this section.

     6.  For the purposes of this section, the value of the property involved shall be deemed to be the highest value attributable to the property by any reasonable standard.

     7.  As used in this section, “stolen property” means property that has been taken from its owner by larceny, robbery, burglary, embezzlement, theft or any other offense that is a crime against property, whether or not the person who committed the taking is or has been prosecuted or convicted for the offense.

     Sec. 22.  NRS 205.365 is hereby amended to read as follows:

     205.365  A person, after once selling, bartering or disposing of any tract of land, town lot, or executing any bond or agreement for the sale of any land or town lot, who again, knowingly and fraudulently, sells, barters or disposes of the same tract of land or lot, or any part thereof, or knowingly and fraudulently executes any bond or agreement to sell, barter or dispose of the same land or lot, or any part thereof, to any other person, for a valuable consideration, shall be punished:

     1.  Where the value of the property involved is [$250] $650 or more, for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value of the property is less than [$250,] $650, for a misdemeanor.

     Sec. 23.  NRS 205.370 is hereby amended to read as follows:

     205.370  A person who, by false representations of his or her own wealth, or mercantile correspondence and connections, obtains a credit thereby and defrauds any person of money, goods, chattels or any valuable thing, or if a person causes or procures another to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit and thereby fraudulently gets into the possession of goods, wares or merchandise, or other valuable thing, is a swindler, and must be sentenced to return the property fraudulently obtained, if it can be done, or to pay restitution and shall be punished:

 


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     1.  Where the amount of money or the value of the chattels, goods, wares or merchandise, or other valuable thing so obtained is [$250] $650 or more, for a category C felony as provided in NRS 193.130.

     2.  Otherwise, for a misdemeanor.

     Sec. 24.  NRS 205.377 is hereby amended to read as follows:

     205.377  1.  A person shall not, in the course of an enterprise or occupation, knowingly and with the intent to defraud, engage in an act, practice or course of business or employ a device, scheme or artifice which operates or would operate as a fraud or deceit upon a person by means of a false representation or omission of a material fact that:

     (a) The person knows to be false or omitted;

     (b) The person intends another to rely on; and

     (c) Results in a loss to any person who relied on the false representation or omission,

Ê in at least two transactions that have the same or similar pattern, intents, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics and are not isolated incidents within 4 years and in which the aggregate loss or intended loss is more than [$250.] $650.

     2.  Each act which violates subsection 1 constitutes a separate offense.

     3.  A person who violates subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $10,000.

     4.  In addition to any other penalty, the court shall order a person who violates subsection 1 to pay restitution.

     5.  A violation of this section constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

     6.  As used in this section, “enterprise” has the meaning ascribed to it in NRS 207.380.

     Sec. 25. NRS 205.380 is hereby amended to read as follows:

     205.380  1.  A person who knowingly and designedly by any false pretense obtains from any other person any chose in action, money, goods, wares, chattels, effects or other valuable thing, including rent or the labor of another person not his or her employee, with the intent to cheat or defraud the other person, is a cheat, and, unless otherwise prescribed by law, shall be punished:

     (a) If the value of the thing or labor fraudulently obtained was [$250] $650 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

     (b) If the value of the thing or labor fraudulently obtained was less than [$250,] $650, for a misdemeanor, and must be sentenced to restore the property fraudulently obtained, if it can be done, or tender payment for rent or labor.

     2.  For the purposes of this section, it is prima facie evidence of an intent to defraud if the drawer of a check or other instrument given in payment for:

     (a) Property which can be returned in the same condition in which it was originally received;

 


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     (b) Rent; or

     (c) Labor performed in a workmanlike manner whenever a written estimate was furnished before the labor was performed and the actual cost of the labor does not exceed the estimate,

Ê stops payment on that instrument and fails to return or offer to return the property in that condition, or to specify in what way the labor was deficient within 5 days after receiving notice from the payee that the instrument has not been paid by the drawee.

     3.  The notice must be sent to the drawer by certified mail, return receipt requested, at the address shown on the instrument. The notice must include a statement of the penalties set forth in this section. Return of the notice because of nondelivery to the drawer raises a rebuttable presumption of the intent to defraud.

     4.  A notice in boldface type clearly legible and in substantially the following form must be posted in a conspicuous place in every principal and branch office of every bank and in every place of business in which retail selling is conducted or labor is performed for the public and must be furnished in written form by a landlord to a tenant:

 

      The stopping of payment on a check or other instrument given in payment for property which can be returned in the same condition in which it was originally received, rent or labor which was completed in a workmanlike manner, and the failure to return or offer to return the property in that condition or to specify in what way the labor was deficient within 5 days after receiving notice of nonpayment is punishable:

      1.  If the value of the property, rent or labor fraudulently obtained was [$250] $650 or more, as a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $10,000, or by both fine and imprisonment.

      2.  If the value of the property, rent or labor so fraudulently obtained was less than [$250,] $650, as a misdemeanor by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $1,000, or by both fine and imprisonment.

     Sec. 26.  NRS 205.415 is hereby amended to read as follows:

     205.415  A person who sells one or more tickets to any ball, benefit or entertainment, or asks or receives any subscription or promise thereof, for the benefit or pretended benefit of any person, association or order, without being authorized thereto by the person, association or order for whose benefit or pretended benefit it is done, shall be punished:

     1.  Where the amount received from such sales, subscriptions or promises totals [$250] $650 or more, for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Otherwise, for a misdemeanor.

     Sec. 27.  NRS 205.445 is hereby amended to read as follows:

     205.445  1.  It is unlawful for a person:

     (a) To obtain food, foodstuffs, lodging, merchandise or other accommodations at any hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

 


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ê2011 Statutes of Nevada, Page 170 (Chapter 41, AB 142)ê

 

grocery store, market or dairy, without paying therefor, with the intent to defraud the proprietor or manager thereof;

     (b) To obtain credit at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy by the use of any false pretense; or

     (c) After obtaining credit, food, lodging, merchandise or other accommodations at a hotel, inn, trailer park, motor court, boardinghouse, rooming house, lodging house, furnished apartment house, furnished bungalow court, furnished automobile camp, eating house, restaurant, grocery store, market or dairy, to abscond or surreptitiously, or by force, menace or threats, to remove any part of his or her baggage therefrom, without paying for the food or accommodations.

     2.  A person who violates any of the provisions of subsection 1 shall be punished:

     (a) Where the total value of the credit, food, foodstuffs, lodging, merchandise or other accommodations received from any one establishment is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     (b) Otherwise, for a misdemeanor.

     3.  Proof that lodging, food, foodstuffs, merchandise or other accommodations were obtained by false pretense, or by false or fictitious show or pretense of any baggage or other property, or that the person refused or willfully neglected to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person gave in payment for the food, foodstuffs, lodging, merchandise or other accommodations negotiable paper on which payment was refused, or that the person absconded without paying or offering to pay for the food, foodstuffs, lodging, merchandise or other accommodations, or that the person surreptitiously removed or attempted to remove his or her baggage, is prima facie evidence of the fraudulent intent mentioned in this section.

     4.  This section does not apply where there has been an agreement in writing for delay in payment for a period to exceed 10 days.

     Sec. 28.  NRS 205.520 is hereby amended to read as follows:

     205.520  A bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a document of title, knowing that the goods covered by the document of title have not been received by him or her, or are not under his or her control at the time the document is issued, shall be punished:

     1.  Where the value of the goods purported to be covered by the document of title is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value is less than [$250,] $650, for a misdemeanor.

     Sec. 29.  NRS 205.540 is hereby amended to read as follows:

     205.540  Except as otherwise provided in chapter 104 of NRS, a bailee, or any officer, agent or servant of a bailee, who issues or aids in issuing a duplicate or additional negotiable document of title, knowing that a former negotiable document for the same goods or any part of them is outstanding and uncanceled, shall be punished:

 


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     1.  Where the value of the goods purported to be covered by the document of title is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value is less than [$250,] $650, for a misdemeanor.

     Sec. 30.  NRS 205.570 is hereby amended to read as follows:

     205.570  A person who, with the intent to defraud, obtains a negotiable document of title for goods to which the person does not have title, or which are subject to a security interest, and negotiates the document for value, without disclosing the want of title or the existence of the security interest, shall be punished:

     1.  Where the value of the goods purported to be covered by the document of title is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value is less than [$250,] $650, for a misdemeanor.

     Sec. 31.  NRS 205.580 is hereby amended to read as follows:

     205.580  A person who, with the intent to defraud, secures the issue by a bailee of a negotiable document of title, knowing at the time of issue that any or all of the goods are not in possession of the bailee, by inducing the bailee to believe that the goods are in the bailee’s possession, shall be punished:

     1.  Where the value of the goods purported to be covered by the document of title is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value is less than [$250,] $650, for a misdemeanor.

     Sec. 32.  NRS 205.590 is hereby amended to read as follows:

     205.590  A person who, with the intent to defraud, negotiates or transfers for value a document of title, which by the terms thereof represents that goods are in possession of the bailee who issued the document, knowing that the bailee is not in possession of the goods or any part thereof, without disclosing this fact, shall be punished:

     1.  Where the value of the goods purported to be covered by the document of title is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the value is less than [$250,] $650, for a misdemeanor.

     Sec. 33.  NRS 205.950 is hereby amended to read as follows:

     205.950  1.  It is unlawful for a person to receive an advance fee, salary, deposit or money to obtain a loan for another unless the person places the advance fee, salary, deposit or money in escrow pending completion of the loan or a commitment for the loan.

     2.  Advance payments to cover reasonably estimated costs paid to third persons are excluded from the provisions of subsection 1 if the person making them first signs a written agreement which specifies the estimated costs by item and the estimated aggregate cost, and which recites that money advanced for costs will not be refunded. If an itemized service is not performed and the estimated cost thereof is not refunded, the recipient of the advance payment is subject to the penalties provided in subsection 3.

     3.  A person who violates the provisions of this section:

 


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     (a) Is guilty of a misdemeanor if the amount is less than [$250;] $650;

     (b) Is guilty of a gross misdemeanor if the amount is [$250] $650 or more but less than $1,000; or

     (c) Is guilty of a category D felony if the amount is $1,000 or more and shall be punished as provided in NRS 193.130.

     Sec. 34.  NRS 207.340 is hereby amended to read as follows:

     207.340  1.  As used in this section, unless the context otherwise requires:

     (a) “Access device” means any card, plate, account number or other means of access that can be used, alone or in conjunction with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be used to initiate a transfer of funds pursuant to the Act.

     (b) “Act” means the Food Stamp Act of 1977, as amended (7 U.S.C. §§ 2011 et seq.) and regulations adopted thereunder.

     (c) “Authorization to purchase” means a document issued by the United States Department of Agriculture or by a state agency which permits the holder to purchase coupons or otherwise receive benefits under the Act.

     (d) “Coupon” means a food stamp, coupon, certificate or access device issued by the United States Department of Agriculture as provided in the Act.

     2.  A person who knowingly uses, transfers, sells, purchases, acquires, alters or possesses coupons and who is not authorized by the Act to do so, or who knowingly presents or causes to be presented coupons which are received, transferred or used in a manner not authorized by the Act, shall be punished:

     (a) If the value of the coupons is less than [$250,] $650, for a misdemeanor, and be sentenced to restore the amount of the value so obtained.

     (b) If the value of the coupons is [$250] $650 or more, for a category E felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     3.  A district attorney or the Attorney General may commence proceedings to enforce the provisions of this section in any court of competent jurisdiction.

     4.  If a person is convicted of violating any of the provisions of this section, the prosecuting attorney shall report the sentence imposed by the court for that person to the Division of Welfare and Supportive Services of the Department of Health and Human Services within 60 days after the imposition of the sentence.

     5.  The value of all coupons misappropriated in separate acts of fraud involving coupons must be combined for the purposes of imposing punishment for the offense charged if:

     (a) The separate acts were committed within 6 months before the offense;

     (b) None of the individual acts is punishable as a felony; and

     (c) The cumulative value of all the coupons misappropriated is sufficient to make the offense punishable as a felony.

     6.  At the time of sentencing, a court may accept as a partial mitigation of the offense satisfactory evidence that a person convicted of violating any of the provisions of this section sold or transferred the coupons for cash to buy necessities which may not be lawfully obtained with coupons.

 


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ê2011 Statutes of Nevada, Page 173 (Chapter 41, AB 142)ê

 

     Sec. 35.  NRS 207.360 is hereby amended to read as follows:

     207.360  “Crime related to racketeering” means the commission of, attempt to commit or conspiracy to commit any of the following crimes:

     1.  Murder;

     2.  Manslaughter, except vehicular manslaughter as described in NRS 484B.657;

     3.  Mayhem;

     4.  Battery which is punished as a felony;

     5.  Kidnapping;

     6.  Sexual assault;

     7.  Arson;

     8.  Robbery;

     9.  Taking property from another under circumstances not amounting to robbery;

     10.  Extortion;

     11.  Statutory sexual seduction;

     12.  Extortionate collection of debt in violation of NRS 205.322;

     13.  Forgery;

     14.  Any violation of NRS 199.280 which is punished as a felony;

     15.  Burglary;

     16.  Grand larceny;

     17.  Bribery or asking for or receiving a bribe in violation of chapter 197 or 199 of NRS which is punished as a felony;

     18.  Battery with intent to commit a crime in violation of NRS 200.400;

     19.  Assault with a deadly weapon;

     20.  Any violation of NRS 453.232, 453.316 to 453.3395, inclusive, or 453.375 to 453.401, inclusive;

     21.  Receiving or transferring a stolen vehicle;

     22.  Any violation of NRS 202.260, 202.275 or 202.350 which is punished as a felony;

     23.  Any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

     24.  Receiving, possessing or withholding stolen goods valued at [$250] $650 or more;

     25.  Embezzlement of money or property valued at [$250] $650 or more;

     26.  Obtaining possession of money or property valued at [$250] $650 or more, or obtaining a signature by means of false pretenses;

     27.  Perjury or subornation of perjury;

     28.  Offering false evidence;

     29.  Any violation of NRS 201.300 or 201.360;

     30.  Any violation of NRS 90.570, 91.230 or 686A.290, or insurance fraud pursuant to NRS 686A.291;

     31.  Any violation of NRS 205.506, 205.920 or 205.930;

     32.  Any violation of NRS 202.445 or 202.446; or

     33.  Any violation of NRS 205.377.

     Sec. 36.  NRS 281.230 is hereby amended to read as follows:

     281.230  1.  Except as otherwise provided in this section and NRS 218A.970, 281A.530 and 332.800, the following persons shall not, in any manner, directly or indirectly, receive any commission, personal profit or compensation of any kind resulting from any contract or other significant transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:

 


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ê2011 Statutes of Nevada, Page 174 (Chapter 41, AB 142)ê

 

transaction in which the employing state, county, municipality, township, district or quasi-municipal corporation is in any way directly interested or affected:

     (a) State, county, municipal, district and township officers of the State of Nevada;

     (b) Deputies and employees of state, county, municipal, district and township officers; and

     (c) Officers and employees of quasi-municipal corporations.

     2.  A member of any board, commission or similar body who is engaged in the profession, occupation or business regulated by the board, commission or body may, in the ordinary course of his or her business, bid on or enter into a contract with any governmental agency, except the board or commission of which he or she is a member, if the member has not taken part in developing the contract plans or specifications and the member will not be personally involved in opening, considering or accepting offers.

     3.  A full- or part-time faculty member or employee of the Nevada System of Higher Education may bid on or enter into a contract with a governmental agency, or may benefit financially or otherwise from a contract between a governmental agency and a private entity, if the contract complies with the policies established by the Board of Regents of the University of Nevada pursuant to NRS 396.255.

     4.  A public officer or employee, other than an officer or employee described in subsection 2 or 3, may bid on or enter into a contract with a governmental agency if the contracting process is controlled by rules of open competitive bidding, the sources of supply are limited, the public officer or employee has not taken part in developing the contract plans or specifications and the public officer or employee will not be personally involved in opening, considering or accepting offers. If a public officer who is authorized to bid on or enter into a contract with a governmental agency pursuant to this subsection is a member of the governing body of the agency, the public officer, pursuant to the requirements of NRS 281A.420, shall disclose his or her interest in the contract and shall not vote on or advocate the approval of the contract.

     5.  A person who violates any of the provisions of this section shall be punished as provided in NRS 197.230 and:

     (a) Where the commission, personal profit or compensation is [$250] $650 or more, for a category D felony as provided in NRS 193.130.

     (b) Where the commission, personal profit or compensation is less than [$250,] $650, for a misdemeanor.

     6.  A person who violates the provisions of this section shall pay any commission, personal profit or compensation resulting from the contract or transaction to the employing state, county, municipality, township, district or quasi-municipal corporation as restitution.

     Sec. 37.  NRS 422.540 is hereby amended to read as follows:

     422.540  1.  A person, with the intent to defraud, commits an offense if with respect to the Plan the person:

     (a) Makes a claim or causes it to be made, knowing the claim to be false, in whole or in part, by commission or omission;

     (b) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific goods or services, knowing the statement or representation to be false, in whole or in part, by commission or omission;

 


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ê2011 Statutes of Nevada, Page 175 (Chapter 41, AB 142)ê

 

     (c) Makes or causes to be made a statement or representation for use by another in obtaining goods or services pursuant to the Plan, knowing the statement or representation to be false, in whole or in part, by commission or omission; or

     (d) Makes or causes to be made a statement or representation for use in qualifying as a provider, knowing the statement or representation to be false, in whole or in part, by commission or omission.

     2.  A person who commits an offense described in subsection 1 shall be punished for a:

     (a) Category D felony, as provided in NRS 193.130, if the amount of the claim or the value of the goods or services obtained or sought to be obtained was greater than or equal to [$250.] $650.

     (b) Misdemeanor if the amount of the claim or the value of the goods or services obtained or sought to be obtained was less than [$250.] $650.

Ê Amounts involved in separate violations of this section committed pursuant to a scheme or continuing course of conduct may be aggregated in determining the punishment.

     3.  In addition to any other penalty for a violation of the commission of an offense described in subsection 1, the court shall order the person to pay restitution.

     Sec. 38.  NRS 422.560 is hereby amended to read as follows:

     422.560  1.  Except as otherwise provided in subsection 2, a person shall not:

     (a) While acting on behalf of a provider, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the Plan, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

     (b) Sell or lease to or for the use of a provider goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to the Plan, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

     (c) Refer a person to a provider for goods or services for which payment may be made, in whole or in part, pursuant to the Plan, and solicit or accept anything of value in connection with the referral.

     2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

     (a) A refund or discount made in the ordinary course of business;

     (b) Reflected by the books and records of the person transferring or receiving it; and

     (c) Reflected in the billings submitted to the Plan.

     3.  A person shall not, while acting on behalf of a provider providing goods or services to a recipient pursuant to the Plan, charge, solicit, accept or receive anything of additional value in addition to the amount legally payable pursuant to the Plan in connection with the provision of the goods or services.

     4.  A person who violates this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

     (a) Is less than [$250,] $650, is guilty of a gross misdemeanor.

     (b) Is [$250] $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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ê2011 Statutes of Nevada, Page 176 (Chapter 41, AB 142)ê

 

     Sec. 39.  NRS 475.105 is hereby amended to read as follows:

     475.105  A person who steals a device intended for use in preventing, controlling, extinguishing or giving warning of a fire:

     1.  If the device has a value of less than [$250,] $650, is guilty of a gross misdemeanor.

     2.  If the device has a value of [$250] $650 or more, is guilty of grand larceny and shall be punished as provided in NRS 205.222.

     Sec. 40.  NRS 482.547 is hereby amended to read as follows:

     482.547  1.  It is unlawful for a person to sell, offer to sell or display for sale any vehicle unless the person is:

     (a) The lienholder, owner or registered owner of the vehicle;

     (b) A repossessor of the vehicle, or holder of a statutory lien on the vehicle, selling the vehicle on a bid basis; or

     (c) A manufacturer, distributor, rebuilder, lessor or dealer licensed under the provisions of this chapter.

     2.  The provisions of this section do not apply to any executor, administrator, sheriff or other person who sells a vehicle pursuant to powers or duties granted or imposed by law.

     3.  A person who violates any of the provisions of this section shall be punished:

     (a) If the value of the vehicle sold, offered or displayed is [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     (b) If the value of the vehicle is less than [$250,] $650, for a misdemeanor.

     Sec. 41.  NRS 487.840 is hereby amended to read as follows:

     487.840  1.  A person shall not remove, cause to be removed or conceal a marking on:

     (a) A salvage title or other title which indicates that the vehicle is a salvage vehicle; or

     (b) A certificate of title or other title for a rebuilt vehicle which indicates that the vehicle is a rebuilt vehicle.

     2.  A person who knowingly violates subsection 1 with the intent to defraud:

     (a) If the fair market value of the vehicle involved is [$250] $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     (b) If the fair market value of the vehicle involved is less than [$250,] $650, is guilty of a misdemeanor.

Ê In addition to any other penalty, the court shall order the person to pay restitution to the victim.

     Sec. 42.  NRS 487.870 is hereby amended to read as follows:

     487.870  1.  A person shall not remove a total loss salvage vehicle from this State to sell that vehicle unless the title has been forwarded to the state agency pursuant to subsection 1 of NRS 487.800.

     2.  A person who violates the provisions of this section:

     (a) If the value of the vehicle removed from this State is less than [$250,] $650, is guilty of a misdemeanor.

     (b) If the value of the vehicle removed from this State is [$250] $650 or more, is guilty of a gross misdemeanor.

 


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ê2011 Statutes of Nevada, Page 177 (Chapter 41, AB 142)ê

 

     Sec. 43.  NRS 612.445 is hereby amended to read as follows:

     612.445  1.  A person shall not make a false statement or representation, knowing it to be false, or knowingly fail to disclose a material fact in order to obtain or increase any benefit or other payment under this chapter, including, without limitation, by failing to properly report earnings or by filing a claim for benefits using the social security number, name or other personal identifying information of another person. A person who violates the provisions of this subsection commits unemployment insurance fraud.

     2.  When the Administrator finds that a person has committed unemployment insurance fraud pursuant to subsection 1, the person shall repay to the Administrator for deposit in the Fund a sum equal to all of the benefits received by or paid to the person for each week with respect to which the false statement or representation was made or to which the person failed to disclose a material fact in addition to any interest, penalties and costs related to that sum.

     3.  Except as otherwise provided in this subsection and subsection 8, the person is disqualified from receiving unemployment compensation benefits under this chapter:

     (a) For a period beginning with the first week claimed in violation of subsection 1 and ending not more than 52 consecutive weeks after the week in which it is determined that a claim was filed in violation of subsection 1; or

     (b) Until the sum described in subsection 2, in addition to any interest, penalties or costs related to that sum, is repaid to the Administrator,

Ê whichever is longer. The Administrator shall fix the period of disqualification according to the circumstances in each case.

     4.  It is a violation of subsection 1 for a person to file a claim, or to cause or allow a claim to be filed on his or her behalf, if:

     (a) The person is incarcerated in the state prison or any county or city jail or detention facility or other correctional facility in this State; and

     (b) The claim does not expressly disclose his or her incarceration.

     5.  A person who obtains benefits of [$250] $650 or more in violation of subsection 1 shall be punished in the same manner as theft pursuant to subsection 3 or 4 of NRS 205.0835.

     6.  In addition to the repayment of benefits required pursuant to subsection 2, if the amount of benefits which must be repaid is greater than $1,000, the Administrator may impose a penalty equal to not more than:

     (a) If the amount of such benefits is greater than $1,000 but not greater than $2,500, 25 percent; or

     (b) If the amount of such benefits is greater than $2,500, 50 percent,

Ê of the total amount of benefits received by the person in violation of subsection 1 or any other provision of this chapter.

     7.  Except as otherwise provided in subsection 8, a person may not pay benefits as required pursuant to subsection 2 by using benefits which would otherwise be due and payable to the person if he or she was not disqualified.

     8.  The Administrator may waive the period of disqualification prescribed in subsection 3 for good cause shown or if the person adheres to a repayment schedule authorized by the Administrator that is designed to fully repay benefits received from an improper claim, in addition to any related interest, penalties and costs, within 18 months. If the Administrator waives the period of disqualification pursuant to this subsection, the person may repay benefits as required pursuant to subsection 2 by using any benefits which are due and payable to the person, except that benefits which are due and payable to the person may not be used to repay any related interest, penalties and costs.

 


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ê2011 Statutes of Nevada, Page 178 (Chapter 41, AB 142)ê

 

which are due and payable to the person, except that benefits which are due and payable to the person may not be used to repay any related interest, penalties and costs.

     9.  The Administrator may recover any money required to be paid pursuant to this section in accordance with the provisions of NRS 612.365 and may collect interest on any such money in accordance with the provisions of NRS 612.620.

     Sec. 44.  NRS 616D.370 is hereby amended to read as follows:

     616D.370  1.  A person shall not, by any act or omission:

     (a) Make a charge or cause it to be made knowing the charge to be false, in whole or in part;

     (b) Make or cause to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide specific accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part; or

     (c) Make or cause to be made a statement or representation for use by another person to obtain accident benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, knowing the statement or representation to be false, in whole or in part.

     2.  A person who violates any of the provisions of this section shall be punished:

     (a) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was [$250] $650 or more, for a category D felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     (b) If the amount of the charge or the value of the accident benefits obtained or sought to be obtained was less than [$250,] $650, for a misdemeanor, and must be sentenced to restore any accident benefits so obtained, if it can be done, or tender payment for rent or labor.

     Sec. 45.  NRS 616D.390 is hereby amended to read as follows:

     616D.390  1.  Except as otherwise provided in subsection 2, a person shall not:

     (a) While acting on behalf of a provider of health care, purchase or lease goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of additional value in return for or in connection with the purchase or lease;

     (b) Sell or lease to or for the use of a provider of health care goods, services, materials or supplies for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and offer, transfer or pay anything of additional value in connection with or in return for the sale or lease; or

     (c) Refer a person to a provider of health care for accident benefits for which payment may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, and solicit or accept anything of value in connection with the referral.

     2.  Paragraphs (a) and (b) of subsection 1 do not apply if the additional value transferred is:

     (a) A refund or discount made in the ordinary course of business;

     (b) Reflected by the books and records of the person transferring or receiving it; and

     (c) Reflected in the charges submitted to the insurer.

 


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ê2011 Statutes of Nevada, Page 179 (Chapter 41, AB 142)ê

 

     3.  A provider of health care shall not offer, transfer or pay anything of value in connection with or in return for the referral to the provider of a patient for whom payment of accident benefits may be made, in whole or in part, pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS.

     4.  A person shall not, while acting on behalf of a provider of health care pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, charge, solicit, accept or receive anything of value in addition to the amount legally payable pursuant to any of those chapters in connection with the provision of the accident benefits.

     5.  A person who violates any provision of this section, if the value of the thing or any combination of things unlawfully solicited, accepted, offered, transferred, paid, charged or received:

     (a) Is less than [$250,] $650, is guilty of a gross misdemeanor.

     (b) Is [$250] $650 or more, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     Sec. 46.  NRS 645B.960 is hereby amended to read as follows:

     645B.960  1.  A person, or any general partner, director, officer, agent or employee of a person, who violates any provision of NRS 645B.165 to 645B.180, inclusive, is guilty of:

     (a) A misdemeanor if the amount involved is less than [$250;] $650;

     (b) A gross misdemeanor if the amount involved is [$250] $650 or more but less than $1,000; or

     (c) A category D felony if the amount involved is $1,000 or more, and shall be punished as provided in NRS 193.130.

     2.  In addition to any other penalty, if a person is convicted of or enters a plea of nolo contendere to a violation described in subsection 1, the court shall order the person to pay:

     (a) Court costs; and

     (b) Reasonable costs of the investigation and prosecution of the violation.

     Sec. 47.  NRS 645E.960 is hereby amended to read as follows:

     645E.960  A person, or any general partner, director, officer, agent or employee of a person, who violates any provision of NRS 645E.420, 645E.430 or 645E.440 is guilty of:

     1.  A misdemeanor if the amount involved is less than [$250;] $650;

     2.  A gross misdemeanor if the amount involved is [$250] $650 or more but less than $1,000; or

     3.  A category D felony if the amount involved is $1,000 or more, and shall be punished as provided in NRS 193.130.

     Sec. 48.  NRS 668.055 is hereby amended to read as follows:

     668.055  A president, director, manager, cashier, teller, clerk, officer or agent of any bank who embezzles, abstracts or willfully misapplies any money, funds, securities or credits of any bank, or who issues or puts forth any certificate of deposit, draws any draft, bill of exchange or mortgage, or who makes use of any bank in any manner, with the intent to injure or defraud any bank or person, or to deceive any bank, or officer of any bank, and any natural person who, with like intent, aids or abets any officer, clerk or agent in any violation of this section, shall be punished:

     1.  Where the amount involved is [$250] $650 or more, for a category C felony as provided in NRS 193.130. In addition to any other penalty, the court shall order the person to pay restitution.

     2.  Where the amount involved is less than [$250,] $650, for a misdemeanor.

 


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ê2011 Statutes of Nevada, Page 180 (Chapter 41, AB 142)ê

 

     Sec. 49.  NRS 688C.450 is hereby amended to read as follows:

     688C.450  It is a category D felony, and the offender shall be punished as provided in NRS 193.130, for any person, knowingly or with intent to defraud, to do any of the following acts in order to deprive another of property or for the person’s own pecuniary gain:

     1.  Present, cause to be presented or prepare with knowledge or belief that it will be presented, false information to or by an investment agent or a provider or broker of viatical settlements, a financing agent, an insurer, a provider of insurance or any other person, or to conceal information, as part of, in support of or concerning a fact material to:

     (a) An application for the issuance of a policy or viatical settlement;

     (b) The underwriting of a policy or viatical settlement;

     (c) A claim for payment or other benefit under a policy, viatical settlement or agreement to purchase a viatical settlement;

     (d) A premium paid on a policy or as a result of an agreement to purchase a viatical settlement;

     (e) A payment or change of beneficiary or ownership pursuant to a policy or viatical settlement;

     (f) The reinstatement or conversion of a policy;

     (g) The solicitation, offer or effectuation of a policy, viatical settlement or agreement to purchase a viatical settlement; or

     (h) The issuance of written evidence of a policy, viatical settlement or agreement to purchase a viatical settlement.

     2.  In furtherance of a fraud or to prevent detection of a fraud:

     (a) Remove, conceal, alter, destroy or sequester from the Commissioner assets or records of a licensee under this chapter or other person engaged in the business of viatical settlements;

     (b) Misrepresent or conceal the financial condition of a licensee, a financing agent, an insurer or other person;

     (c) Transact the business of viatical settlements in violation of this chapter; or

     (d) File with the Commissioner or analogous officer of another jurisdiction a document containing false information or otherwise conceal information about a material fact from the Commissioner or other officer.

     3.  Present, cause to be presented or prepare with knowledge or belief that it will be presented to or by a provider or broker of viatical settlements, an investment agent, a financing agent, an insurer, a provider of insurance or any other person, in connection with a viatical settlement or transaction of insurance, a policy fraudulently by the insured or owner or an agent of either.

     4.  Embezzle, steal, misappropriate or convert money, premiums, credits or other property in an amount or having a value of less than [$250] $650 of a provider of viatical settlements, a viator, an insurer, an insured, an owner of a policy or other person engaged in the business of viatical settlements or insurance.

     5.  Attempt to commit, assist, aid, abet or conspire to commit an act or omission described in subsections 1 to 4, inclusive.

     6.  Under no circumstances is a violation of this section considered or intended to be a lesser included offense of a violation of the provisions of NRS 90.570.

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ê2011 Statutes of Nevada, Page 181ê

 

CHAPTER 42, AB 348

Assembly Bill No. 348–Assemblymen Ohrenschall, Sherwood, Munford; Aizley, Carlton, Carrillo, Daly, Diaz, Flores, Hansen, Hardy, Hickey, Kite, Pierce and Segerblom

 

CHAPTER 42

 

[Approved: May 12, 2011]

 

AN ACT relating to estates; revising provisions governing the apportionment of federal transfer taxes upon the death of a person; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires that upon the death of a person, if the person’s estate is insufficient to pay all federal gift taxes or federal generation-skipping transfer taxes due, the unpaid tax must be paid on a pro rata basis by those persons receiving the transfers which triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal tax, unless the donor or decedent provided otherwise in writing. (NRS 150.400) This bill provides that notwithstanding such provisions of law relating to the apportionment of federal transfer taxes upon the death of a person: (1) such provisions must not be construed to allow the apportionment or enforcement of the collection of any tax to the extent such tax has not been paid and the collection thereof is no longer enforceable under applicable federal law; and (2) a recipient of a transfer is not required to pay tax in an amount that exceeds the value of the property received by the recipient or the maximum amount payable by the recipient under federal law, whichever is less.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  (Deleted by amendment.)

     Sec. 2.  NRS 150.400 is hereby amended to read as follows:

     150.400  1.  Except as otherwise provided by the donor or decedent in writing:

     [1.] (a) Except as otherwise provided in [subsection 3,] paragraph (c), for gifts that were made subject to the federal gift tax and in cases where the decedent’s estate is insufficient to pay all federal gift taxes due at the time of the decedent’s death, the unpaid federal gift tax must be borne on a pro rata basis by those receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal gift tax.

     [2.] (b) The federal generation-skipping transfer tax must be borne on a pro rata basis by those persons receiving the transfers that triggered the tax in the proportion that the value of the property, interest or benefit of each such person bears to the total value of the property subject to the federal generation-skipping transfer tax.

 


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ê2011 Statutes of Nevada, Page 182 (Chapter 42, AB 348)ê

 

     [3.] (c) The application of exclusions, exemptions, deferrals or other provisions of the law available at the time of each transfer must be applied in chronological order to the transfers to which they relate.

     [4.] (d) To the extent issues remain unresolved after applying the principles set forth in [subsections 1, 2 and 3,] paragraphs (a), (b) and (c), the provisions of NRS 150.290 to 150.380, inclusive:

     [(a)] (1) Must be applied to determine the allocation, apportionment and collection of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax; and

     [(b)] (2) Must be applied to determine the procedures for the judicial determination of the apportionment of federal transfer taxes other than the federal estate tax, including, without limitation, the federal gift tax and the federal generation-skipping transfer tax.

     2.  Notwithstanding the provisions of subsection 1:

     (a) This section must not be construed to allow the apportionment or enforcement of the collection of any tax to the extent such tax has not been paid and the collection thereof is no longer enforceable under applicable federal law; and

     (b) A recipient of a transfer is not required to pay tax in an amount that exceeds the value of the property received by the recipient or the maximum amount payable by the recipient under federal law, whichever is less.

     3.  As used in this section, “estate” means all property included for federal estate tax purposes in determining the federal estate tax pursuant to the federal estate tax law.

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ê2011 Statutes of Nevada, Page 183ê

 

CHAPTER 43, AB 91

Assembly Bill No. 91–Assemblyman Segerblom

 

CHAPTER 43

 

[Approved: May 13, 2011]

 

AN ACT relating to collaborative law; enacting the Uniform Collaborative Law Act; establishing the requirements of a collaborative law participation agreement and the collaborative law process; establishing standards applicable to collaborative lawyers; providing that certain collaborative law communications are confidential and privileged; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill enacts the Uniform Collaborative Law Act, as amended by the National Conference of Commissioners on Uniform State Laws in 2010, and aims to standardize the most important features of collaborative law, a form of alternative dispute resolution. Currently, collaborative law has largely been practiced under private collaborative law participation agreements developed by practice groups of private attorneys.

       Section 19 of this bill provides the minimum requirements for written agreements that allow parties to state their intention to resolve a matter through a collaborative law process. Section 20 of this bill emphasizes that a party’s participation in collaborative law is voluntary and specifies when and how a collaborative law process begins and concludes. Section 21 of this bill creates a stay of proceedings before a tribunal when parties sign an agreement to attempt to resolve a matter through collaborative law. Section 23 of this bill authorizes the approval of agreements arising out of a collaborative law process. Sections 24-26 of this bill: (1) provide that a collaborative lawyer is disqualified from representing a party to a collaborative matter before a tribunal in a proceeding related to the collaborative matter; (2) impute the disqualification to other lawyers in a law firm with which the collaborative lawyer is associated; and (3) provide exceptions to imputed disqualification under certain circumstances if the law firm is representing a low-income party for no fee or if the collaborative lawyer is representing a governmental agency.

       Section 27 of this bill requires parties to disclose relevant information during the collaborative law process without formal discovery requests and to update information previously disclosed that has materially changed. Sections 29 and 30 of this bill impose certain duties on collaborative lawyers to disclose to and discuss with a prospective party the material risks and benefits of a collaborative law process and require collaborative lawyers to screen prospective parties for any history of a coercive or violent relationship with another party. Sections 31-34 of this bill authorize parties to agree on the scope of confidentiality of their collaborative law communications, create an evidentiary privilege for collaborative law communications and provide for certain waivers of and limited exceptions to the evidentiary privilege.

       Finally, section 35 of this bill authorizes a tribunal or other body acting in an adjudicative capacity to enforce agreements that result from a collaborative law process and to apply the disqualification provisions and the evidentiary privileges provided for in this bill.

 


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ê2011 Statutes of Nevada, Page 184 (Chapter 43, AB 91)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 38 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 37, inclusive, of this act.

     Sec. 2.  Sections 2 to 37, inclusive, of this act may be cited as the Uniform Collaborative Law Act.

     Sec. 3.  As used in sections 2 to 37, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 18, inclusive, of this act have the meanings ascribed to them in those sections.

     Sec. 4.  “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that:

     1.  Is made to conduct, participate in, continue or reconvene a collaborative law process; and

     2.  Occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded.

     Sec. 5.  “Collaborative law participation agreement” means an agreement by persons to participate in a collaborative law process.

     Sec. 6.  “Collaborative law process” means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

     1.  Sign a collaborative law participation agreement; and

     2.  Are represented by collaborative lawyers.

     Sec. 7.  “Collaborative lawyer” means a lawyer who represents a party in a collaborative law process.

     Sec. 8.  “Collaborative matter” means a dispute, transaction, claim, problem or issue for resolution, including a dispute, claim or issue in a proceeding which is described in a collaborative law participation agreement.

     Sec. 9.  “Law firm” means:

     1.  Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited-liability company or association; and

     2.  Lawyers employed in a legal services organization, the legal department of a corporation or other organization, or the legal department of a government or governmental subdivision, agency or instrumentality.

     Sec. 10.  “Nonparty participant” means a person, other than a party and the collaborative lawyer of a party, that participates in a collaborative law process.

     Sec. 11.  “Party” means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter.

     Sec. 12.  “Person” means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

     Sec. 13.  “Proceeding” means:

     1.  A judicial, administrative, arbitral or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences and discovery; or

 


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ê2011 Statutes of Nevada, Page 185 (Chapter 43, AB 91)ê

 

     2.  A legislative hearing or similar process.

     Sec. 14.  “Prospective party” means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement.

     Sec. 15.  “Record” means information which is inscribed on a tangible medium or which is stored in an electronic or other medium and is retrievable in perceivable form.

     Sec. 16.  “Related to a collaborative matter” means involving the same parties, transaction or occurrence, nucleus of operative fact, dispute, claim or issue as the collaborative matter.

     Sec. 17.  “Sign” means, with present intent to authenticate or adopt a record:

     1.  To execute or adopt a tangible symbol; or

     2.  To attach to or logically associate with the record an electronic symbol, sound or process.

     Sec. 18.  “Tribunal” means:

     1.  A court, arbitrator, administrative agency or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party’s interests in a matter; or

     2.  A legislative body conducting a hearing or similar process.

     Sec. 19.  1.  A collaborative law participation agreement must:

     (a) Be in a record;

     (b) Be signed by the parties;

     (c) State the intention of the parties to resolve a collaborative matter through a collaborative law process under sections 2 to 37, inclusive, of this act;

     (d) Describe the nature and scope of the collaborative matter;

     (e) Identify the collaborative lawyer who represents each party in the collaborative law process; and

     (f) Contain a statement by each collaborative lawyer confirming the lawyer’s representation of a party in the collaborative law process.

     2.  The parties may agree to include in a collaborative law participation agreement additional provisions not inconsistent with sections 2 to 37, inclusive, of this act.

     Sec. 20.  1.  A collaborative law process begins when the parties sign a collaborative law participation agreement.

     2.  A tribunal may not order a party to participate in a collaborative law process over the objection of that party.

     3.  A collaborative law process is concluded by a:

     (a) Resolution of a collaborative matter as evidenced by a signed record;

     (b) Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the collaborative matter will not be resolved in the collaborative law process; or

     (c) Termination of the collaborative law process.

     4.  A collaborative law process terminates:

     (a) When a party gives notice to other parties in a record that the collaborative law process is ended;

     (b) When a party:

 


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ê2011 Statutes of Nevada, Page 186 (Chapter 43, AB 91)ê

 

           (1) Begins a proceeding related to a collaborative matter without the agreement of all parties; or

           (2) In a pending proceeding related to the collaborative matter:

                (I) Initiates a pleading, motion, order to show cause or request for a conference with the tribunal;

                (II) Requests that the proceeding be put on the tribunal’s active calendar; or

                (III) Takes similar action requiring notice to be sent to the parties; or

     (c) Except as otherwise provided in subsection 7, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

     5.  The collaborative lawyer of a party shall give prompt notice to all other parties in a record of the discharge or withdrawal of the collaborative lawyer.

     6.  A party may terminate a collaborative law process with or without cause.

     7.  Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, not later than 30 days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection 5 is sent to the parties:

     (a) The unrepresented party engages a successor collaborative lawyer; and

     (b) In a signed record:

           (1) The parties consent to continue the process by reaffirming the collaborative law participation agreement;

           (2) The agreement is amended to identify the successor collaborative lawyer; and

           (3) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.

     8.  A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.

     9.  A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.

     Sec. 21.  1.  The persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties to the collaborative law participation agreement shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection 3 and sections 22 and 23 of this act, the filing operates as an application for a stay of the proceeding.

     2.  The parties shall file promptly with the tribunal notice in a record when a collaborative law process concludes. The stay of the proceeding under subsection 1 is lifted when the notice is filed. The notice must not specify any reason for termination of the process.

     3.  A tribunal in which a proceeding is stayed under subsection 1 may require parties and collaborative lawyers to provide a status report on the collaborative law process and the proceeding. A status report must include only information on whether the process is ongoing or concluded. It must not include a report, assessment, evaluation, recommendation, finding or other communication regarding a collaborative law process or collaborative law matter.

 


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ê2011 Statutes of Nevada, Page 187 (Chapter 43, AB 91)ê

 

not include a report, assessment, evaluation, recommendation, finding or other communication regarding a collaborative law process or collaborative law matter.

     4.  A tribunal may not consider a communication made in violation of subsection 3.

     5.  A tribunal shall provide the parties with notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative law process is filed based on delay or failure to prosecute.

     Sec. 22.  During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare or interest of a party or a member of the family or the household of a party.

     Sec. 23.  A tribunal may approve an agreement resulting from a collaborative law process.

     Sec. 24.  1.  Except as otherwise provided in subsection 3, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.

     2.  Except as otherwise provided in subsection 3 and sections 25 and 26 of this act, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection 1.

     3.  A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

     (a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or

     (b) To seek or defend an emergency order to protect the health, safety, welfare or interest of a party, or a member of the family or the household of a party, if a successor lawyer is not immediately available to represent that person.

     4.  A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party, or a member of the family or the household of a party, under paragraph (b) of subsection 3 only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare or interest of that person.

     Sec. 25.  1.  The disqualification of a collaborative lawyer under subsection 1 of section 24 of this act applies to a collaborative lawyer representing a party with or without fee.

     2.  After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer who is disqualified under subsection 1 of section 24 of this act is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:

     (a) The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

     (b) The collaborative law participation agreement so provides; and

     (c) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.

 


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ê2011 Statutes of Nevada, Page 188 (Chapter 43, AB 91)ê

 

     Sec. 26.  1.  The disqualification of a collaborative lawyer under subsection 1 of section 24 of this act applies to a collaborative lawyer representing a party that is a government or a governmental subdivision, agency or instrumentality.

     2.  After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or a governmental subdivision, agency or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

     (a) The collaborative law participation agreement so provides; and

     (b) The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.

     Sec. 27.  Except as otherwise provided by specific statute, during the collaborative law process, on the request of another party, a party shall make timely, full, candid and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process.

     Sec. 28.  The provisions of sections 2 to 37, inclusive, of this act do not affect:

     1.  The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or

     2.  The obligation of a person to report abuse or neglect, abandonment or exploitation of a child or adult under the laws of this State.

     Sec. 29.  Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

     1.  Assess with the prospective party factors that the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;

     2.  Provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration or expert evaluation; and

     3.  Advise the prospective party that:

     (a) After a collaborative law participation agreement is signed, the collaborative law process terminates if a party initiates a proceeding or seeks the intervention of a tribunal in a pending proceeding related to the collaborative matter;

     (b) Participation in a collaborative law process is voluntary, and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

     (c) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection 3 of section 24 of this act, subsection 2 of section 25 of this act or subsection 2 of section 26 of this act.

     Sec. 30.  1.  Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.

 


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ê2011 Statutes of Nevada, Page 189 (Chapter 43, AB 91)ê

 

reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.

     2.  Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.

     3.  If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless:

     (a) The party or the prospective party requests beginning or continuing the collaborative law process; and

     (b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.

     Sec. 31.  A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by specific statute.

     Sec. 32.  1.  Except as otherwise provided in sections 33 and 34 of this act, a collaborative law communication is privileged under subsection 2, is not subject to discovery and is not admissible in evidence.

     2.  In a proceeding, the following privileges apply:

     (a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication; and

     (b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.

     3.  Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.

     Sec. 33.  1.  A privilege under section 32 of this act may be waived in a record or orally during a proceeding if it is expressly waived by all parties, and in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.

     2.  A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under section 32 of this act, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

     Sec. 34.  1.  There is no privilege under section 32 of this act for a collaborative law communication that is:

     (a) Available to the public under chapter 239 of NRS or made during a session of a collaborative law process that is open, or is required by law to be open, to the public;

     (b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

     (c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

     (d) Set forth in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

     2.  The privileges under section 32 of this act for a collaborative law communication do not apply to the extent that the communication is:

 


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ê2011 Statutes of Nevada, Page 190 (Chapter 43, AB 91)ê

 

     (a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

     (b) Sought or offered to prove or disprove abuse, neglect, abandonment or exploitation of a child or adult, unless an agency which provides child welfare services, as defined in NRS 432B.030, or the Aging and Disability Services Division of the Department of Health and Human Services is a party to or otherwise participates in the collaborative law process.

     3.  There is no privilege under section 32 of this act if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality and the collaborative law communication is sought or offered in:

     (a) A court proceeding involving a felony or misdemeanor; or

     (b) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

     4.  If a collaborative law communication is subject to an exception under subsection 2 or 3, only the part of the communication necessary for the application of the exception may be disclosed or admitted into evidence.

     5.  Disclosure or admission of evidence excepted from the privilege under subsection 2 or 3 does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

     6.  The privileges under section 32 of this act do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.

     Sec. 35.  1.  If a collaborative law participation agreement fails to meet the requirements of section 19 of this act, or if a prospective collaborative lawyer fails to comply with section 29 or 30 of this act, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if the parties:

     (a) Signed a record indicating an intention to enter into a collaborative law participation agreement; and

     (b) Reasonably believed they were participating in a collaborative law process.

     2.  If a tribunal makes the findings specified in subsection 1 and the interests of justice require, the tribunal may:

     (a) Enforce an agreement evidenced by a record resulting from the process in which the parties participated;

     (b) Apply the disqualification provisions of sections 24, 25 and 26 of this act; and

     (c) Apply the privileges under section 32 of this act.

     Sec. 36.  In applying and construing the Uniform Collaborative Law Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

 


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ê2011 Statutes of Nevada, Page 191 (Chapter 43, AB 91)ê

 

     Sec. 37.  Sections 2 to 37, inclusive, of this act modify, limit and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but do not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

     Sec. 38.  Sections 2 to 37, inclusive, of this act apply to a collaborative law participation agreement that is signed on or after January 1, 2013.

     Sec. 39.  This act becomes effective on January 1, 2013.

________

CHAPTER 44, AB 220

Assembly Bill No. 220–Assemblymen Oceguera, Bobzien, Smith, Kirkpatrick, Conklin; Aizley, Anderson, Atkinson, Benitez-Thompson, Brooks, Bustamante Adams, Carlton, Carrillo, Dondero Loop, Flores, Frierson, Hammond, Hardy, Hickey, Hogan, Kirner, Mastroluca, Munford, Neal, Ohrenschall, Pierce and Woodbury

 

Joint Sponsors: Senators Leslie, Horsford and Denis

 

CHAPTER 44

 

[Approved: May 13, 2011]

 

AN ACT relating to the Nevada System of Higher Education; encouraging the Board of Regents of the University of Nevada to examine, audit and revise certain aspects of the System to ensure the educational needs of students and prospective students will be met in an economical and efficient manner; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law encourages the Board of Regents of the University of Nevada to review periodically their mission for higher education to determine whether there is unnecessary duplication of programs or courses at institutions within the Nevada System of Higher Education which might be more appropriate for a different institution. (NRS 396.504) This bill encourages the Board to: (1) examine and audit the function, strengths and most efficient use of the facilities, resources and staff of each institution within the System; (2) examine and audit the educational opportunities, programs and services offered by those institutions; and (3) implement measures pursuant to which the educational needs of students and prospective students will be met in the most economical and efficient manner possible, including revising the courses of study offered at the various institutions so that programs of remedial education, continuing education and entry-level higher education are conducted at community colleges within the System; programs of baccalaureate-level higher education are conducted at state colleges within the System; and programs of baccalaureate-level higher education in other disciplines and graduate-level higher education and research are conducted at universities within the System and the Desert Research Institute.

 

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

 

     Whereas, The Board of Regents of the University of Nevada governs the Nevada System of Higher Education; and

 


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ê2011 Statutes of Nevada, Page 192 (Chapter 44, AB 220)ê

 

     Whereas, The Nevada System of Higher Education encompasses several different types of institutions of higher education, including, without limitation, universities, colleges and community colleges; and

     Whereas, Each type of institution of higher education within the Nevada System of Higher Education is uniquely situated to provide different educational opportunities for its students, including, without limitation, remedial education, continuing education, entry-level higher education, baccalaureate-level higher education, and graduate-level higher education and research; and

     Whereas, Over time, the number of institutions of higher education within the Nevada System of Higher Education expands and the focus of each such institution is defined and further redefined; and

     Whereas, To the extent that the educational programs of the institutions of higher education within the Nevada System of Higher Education can be tailored specifically to meet the needs of different categories of students, both the System and its students may be better served and able to realize significant cost savings; and

     Whereas, To the extent that the educational programs of the institutions of higher education within the Nevada System of Higher Education are not tailored specifically to meet the needs of different categories of students, inefficiencies and redundancies may result; and

     Whereas, In the present economic climate, it is more important than ever before to ensure that the institutions of higher education within the Nevada System of Higher Education are meeting the needs of their respective students and prospective students in the most affordable, cost-effective and efficient manner possible; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 396.504 is hereby amended to read as follows:

     396.504  1.  The Legislature hereby encourages the Board of Regents to [review] :

     (a) Examine and audit the function, strengths and most efficient use of the facilities, resources and staff of each institution to address the needs of the students of the System.

     (b) Review periodically their mission for higher education, as the number of institutions within the System expands and the focus of each institution is defined and further redefined, to determine whether there is unnecessary duplication of programs or courses within the System which might be more appropriate for a different institution.

     (c) Examine and audit the educational opportunities, programs and services offered by the institutions within the System to ensure that those opportunities, programs and services are tailored appropriately to:

           (1) The different categories of students and prospective students having varied aptitudes, aspirations and educational needs;

           (2) The jobs and industries likely to be employing the students; and

           (3) The state economic development plan.

     (d) Insofar as is practicable to achieve the goals set forth in paragraphs (a), (b) and (c), implement measures pursuant to which the educational needs of students and prospective students will be met by providing:

 


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ê2011 Statutes of Nevada, Page 193 (Chapter 44, AB 220)ê

 

           (1) Programs of remedial education, continuing education and entry-level higher education at community colleges.

           (2) Programs of baccalaureate-level higher education at state colleges.

           (3) Programs of baccalaureate-level higher education in other disciplines and graduate-level higher education and research at universities and the Desert Research Institute.

     (e) On or before September 1 of each year, provide a report of its findings and any adjustments made and actions taken as a result of those findings to the Director of the Legislative Counsel Bureau for transmission to the Interim Finance Committee and the next regular session of the Nevada Legislature.

     2.  The System is encouraged to review the core curriculum at each institution to determine whether there is parity among the institutions of the System.

     Sec. 2.  This act becomes effective on July 1, 2011.

________

CHAPTER 45, AB 295

Assembly Bill No. 295–Assemblymen Bobzien, Anderson; Bustamante Adams, Hogan, Kirkpatrick, Mastroluca and Smith

 

Joint Sponsor: Senator Leslie

 

CHAPTER 45

 

[Approved: May 13, 2011]

 

AN ACT relating to human remains; authorizing certain persons who are designated by a member of the Armed Forces of the United States, a reserve component thereof or the National Guard to order the burial or cremation of the human remains of the member upon his or her death on active duty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes certain persons to order the burial or cremation of human remains of a deceased person and establishes the order of priority in which such persons may direct the disposition of a decedent. (NRS 451.024, 451.650) Sections 1 and 2 of this bill authorize a person who was designated by a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, to order the burial or cremation of the human remains of the member upon his or her death on active duty.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 451.024 is hereby amended to read as follows:

     451.024  1.  The following persons, in the following order of priority, may order the burial of human remains of a deceased person:

 


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ê2011 Statutes of Nevada, Page 194 (Chapter 45, AB 295)ê

 

     (a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

     (b) If the decedent was, at the time of death, on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, a person designated by the decedent in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, as the person authorized to direct disposition of the human remains of the decedent;

     (c) The spouse of the decedent;

     [(c)] (d) An adult son or daughter of the decedent;

     [(d)] (e) Either parent of the decedent;

     [(e)] (f) An adult brother or sister of the decedent;

     [(f)] (g) A grandparent of the decedent;

     [(g)] (h) A guardian of the person of the decedent at the time of death; and

     [(h)] (i) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

     2.  If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.

     3.  If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order the burial of his or her remains.

     4.  A living person may order the burial of human remains removed from his or her body or the burial of his or her body after death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.

     5.  A person 18 years of age or older wishing to authorize another person to order the burial of his or her human remains in the event of the person’s death may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada               }

                                        }ss

County of ...................... }

                                                                                (Date) .......................

     I, .............................., (person authorizing another person to order the burial of his or her human remains in the event of his or her death) do hereby designate .............................. (person who is being authorized to order the burial of the human remains of a person in the event of his or her death) to order the burial of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year ........

.................................................................

                     (Notary Public)

     Sec. 2.  NRS 451.650 is hereby amended to read as follows:

     451.650  1.  The following persons, in the following order of priority, may order the cremation of human remains of a deceased person:

 


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ê2011 Statutes of Nevada, Page 195 (Chapter 45, AB 295)ê

 

     (a) A person designated as the person with authority to order the cremation of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection 5;

     (b) If the decedent was, at the time of death, on active duty as a member of the Armed Forces of the United States, a reserve component thereof or the National Guard, a person designated by the decedent in the United States Department of Defense Record of Emergency Data, DD Form 93, or its successor form, as the person authorized to direct disposition of the human remains of the decedent;

     (c) The spouse of the decedent;

     [(c)] (d) An adult son or daughter of the decedent;

     [(d)] (e) Either parent of the decedent;

     [(e)] (f) An adult brother or sister of the decedent;

     [(f)] (g) A grandparent of the decedent;

     [(g)] (h) A guardian of the person of the decedent at the time of death; and

     [(h)] (i) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death.

     2.  If the deceased person was an indigent or other person for the final disposition of whose remains a county or the State is responsible, the appropriate public officer may order cremation of the remains and provide for the respectful disposition of the cremated remains.

     3.  If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order cremation of the remains of the person.

     4.  A living person may order the cremation of human remains removed from his or her body or the cremation of the body of the person after the person’s death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.

     5.  A person 18 years of age or older wishing to give authority to another person to order the cremation of his or her human remains upon the person’s death may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada               }

                                        }ss

County of....................... }

                                                                                (Date)........................

     I, .............................., (person authorizing another person to order the cremation of his or her human remains upon his or her death) do hereby designate .................................. (person who is being authorized to order the cremation of the human remains of another person in the event of his or her death) to order the cremation of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year .......

.................................................................

                     (Notary Public)

________

 


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ê2011 Statutes of Nevada, Page 196ê

 

CHAPTER 46, AB 296

Assembly Bill No. 296–Assemblymen Daly, Kirkpatrick; and Smith

 

CHAPTER 46

 

[Approved: May 13, 2011]

 

AN ACT relating to long-term care administrators; revising provisions governing the imposition of certain administrative sanctions by the Board of Examiners for Long-Term Care Administrators; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Board of Examiners for Long-Term Care Administrators to provide notice and a hearing before imposing certain administrative sanctions on a nursing facility administrator or an administrator of a residential facility for groups. (NRS 654.190) This bill removes the requirement for a hearing, instead requiring that a nursing facility administrator or an administrator of a residential facility for groups be afforded an opportunity for a hearing after reasonable notice.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 654.190 is hereby amended to read as follows:

     654.190  1.  The Board may, after notice and [a] an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

     (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

     (b) Has obtained his or her license by the use of fraud or deceit.

     (c) Violates any of the provisions of this chapter.

     (d) Aids or abets any person in the violation of any of the provisions of NRS 449.001 to 449.240, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

     (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

     (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

 


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ê2011 Statutes of Nevada, Page 197 (Chapter 46, AB 296)ê

 

     2.  [The] If a licensee requests a hearing pursuant to subsection 1, the Board shall give [a] the licensee [against whom proceedings are brought pursuant to this section] written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

     3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

     4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

     5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

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

________

CHAPTER 47, AB 319

Assembly Bill No. 319–Assemblywoman Diaz

 

CHAPTER 47

 

[Approved: May 13, 2011]

 

AN ACT relating to dead bodies; authorizing certain persons who assume legal and financial responsibility for the final disposition of the human remains of a deceased person to order the burial of those human remains; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes certain persons to order the burial of the human remains of a deceased person. This bill authorizes additional persons, in the absence of a person authorized by existing law, to order the burial of the remains of the deceased person if the additional person: (1) is 18 years of age or older; (2) executes an affidavit affirming certain facts; and (3) assumes legal and financial responsibility for the human remains of the deceased person. (NRS 451.024)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 451.024 is hereby amended to read as follows:

     451.024  1.  The following persons, in the following order of priority, may order the burial of human remains of a deceased person:

     (a) A person designated as the person with authority to order the burial of the human remains of the decedent in a legally valid document or in an affidavit executed in accordance with subsection [5;] 7;

     (b) The spouse of the decedent;

 


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ê2011 Statutes of Nevada, Page 198 (Chapter 47, AB 319)ê

 

     (c) An adult son or daughter of the decedent;

     (d) Either parent of the decedent;

     (e) An adult brother or sister of the decedent;

     (f) A grandparent of the decedent;

     (g) A guardian of the person of the decedent at the time of death; [and]

     (h) A person who held the primary domicile of the decedent in joint tenancy with the decedent at the time of death [.

     2.] ; and

     (i) A person who meets the requirements of subsection 2.

     2.  If, 30 days or more after the death of a decedent, the coroner or sheriff, as applicable, has conducted an investigation to determine whether a person specified in paragraphs (a) to (h), inclusive, of subsection 1 exists and, upon completion of that investigation, is unable to identify or locate a person specified in those paragraphs, any other person may order the burial of the human remains of the decedent if the person:

     (a) Is at least 18 years of age; and

     (b) Executes an affidavit affirming:

           (1) That he or she knew the decedent;

           (2) The length of time that he or she knew the decedent;

           (3) That he or she does not know the whereabouts of any of the persons specified in paragraphs (a) to (h), inclusive, of subsection 1; and

           (4) That he or she willingly accepts legal and financial responsibility for the burial of the human remains of the decedent.

     3.  A person who accepts legal and financial responsibility for the burial of the human remains of a decedent as described in subparagraph (4) of paragraph (b) of subsection 2 does not have a claim against the estate of the decedent or against any other person for the cost of the burial.

     4.  If the deceased person was an indigent or other person for whom the final disposition of the decedent’s remains is a responsibility of a county or the State, the appropriate public officer may order the burial of the remains and provide for the respectful disposition of the remains.

     [3.] 5.  If the deceased person donated his or her body for scientific research or, before the person’s death, a medical facility was made responsible for the final disposition of the person, a representative of the scientific institution or medical facility may order the burial of his or her remains.

     [4.] 6.  A living person may order the burial of human remains removed from his or her body or the burial of his or her body after death. In the latter case, any person acting pursuant to his or her instructions is an authorized agent.

     [5.] 7.  A person 18 years of age or older wishing to authorize another person to order the burial of his or her human remains in the event of the person’s death may execute an affidavit before a notary public in substantially the following form:

 

State of Nevada               }

                                        }ss

County of....................... }

                                                                                (Date)........................

     I, .............................., (person authorizing another person to order the burial of his or her human remains in the event of his or her death) do hereby designate .............................. (person who is being authorized to order the burial of the human remains of a person in the event of his or her death) to order the burial of my human remains upon my death.

 


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ê2011 Statutes of Nevada, Page 199 (Chapter 47, AB 319)ê

 

burial of the human remains of a person in the event of his or her death) to order the burial of my human remains upon my death.

Subscribed and sworn to before me this ........

day of the month of ......... of the year ........

.................................................................

                     (Notary Public)

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

________

CHAPTER 48, AB 32

Assembly Bill No. 32–Committee on Commerce and Labor

 

CHAPTER 48

 

[Approved: May 13, 2011]

 

AN ACT relating to contractors; requiring a licensed contractor to submit a request for an increase in the monetary limit of his or her license to the State Contractors’ Board at least 5 working days before submitting a bid on certain projects; requiring a contractor to obtain approval by the Board of a request for an increase in the monetary limit of his or her license before submitting a bid on certain projects; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires a licensed contractor who intends to bid on a single construction project that would require an increase in the monetary limit of the contractor’s license to request such an increase from the State Contractors’ Board at least 2 working days before bidding on the project. (NRS 624.220) This bill requires that a licensed contractor submit such a request at least 5 working days before bidding on any single construction project that would require an increase in the monetary limit of the contractor’s license and further requires the contractor to obtain approval of the request by the Board before bidding on the project.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 624.220 is hereby amended to read as follows:

     624.220  1.  The Board shall adopt regulations necessary to effect the classification and subclassification of contractors in a manner consistent with established usage and procedure as found in the construction business, and may limit the field and scope of the operations of a licensed contractor to those in which the contractor is classified and qualified to engage as defined by NRS 624.215 and the regulations of the Board.

     2.  The Board shall limit the field and scope of the operations of a licensed contractor by establishing a monetary limit on a contractor’s license, and the limit must be the maximum contract a licensed contractor may undertake on one or more construction contracts on a single construction site or subdivision site for a single client. The Board may take any other action designed to limit the field and scope of the operations of a contractor as may be necessary to protect the health, safety and general welfare of the public.

 


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ê2011 Statutes of Nevada, Page 200 (Chapter 48, AB 32)ê

 

be necessary to protect the health, safety and general welfare of the public. The limit must be determined after consideration of the factors set forth in NRS 624.260 to 624.265, inclusive.

     3.  A licensed contractor may request that the Board increase the monetary limit on his or her license, either on a permanent basis or for a single construction project. A request submitted to the Board pursuant to this subsection must be in writing on a form prescribed by the Board and accompanied by such supporting documentation as the Board may require. [If a] A request submitted pursuant to this section [is] for a single construction project [, the request] must be submitted to the Board at least [2] 5 working days before the date on which the licensed contractor intends to submit a bid for the project [.] and must be approved by the Board before the submission of a bid by the contractor for the project.

     4.  Subject to the provisions of regulations adopted pursuant to subsection 5, nothing contained in this section prohibits a specialty contractor from taking and executing a contract involving the use of two or more crafts or trades, if the performance of the work in the crafts or trades, other than in which the specialty contractor is licensed, is incidental and supplemental to the performance of work in the craft for which the specialty contractor is licensed.

     5.  The Board shall adopt regulations establishing a specific limit on the amount of asbestos that a licensed contractor with a license that is not classified for the abatement or removal of asbestos may abate or remove pursuant to subsection 4.

________

 


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ê2011 Statutes of Nevada, Page 201ê

 

CHAPTER 49, SB 218

Senate Bill No. 218–Committee on Judiciary

 

CHAPTER 49

 

[Approved: May 16, 2011]

 

AN ACT relating to gaming; authorizing the Nevada Gaming Commission to provide by regulation for the operation of hosting centers and service providers; revising provisions relating to the transfer of certain ownership interests in a gaming operation; revising provisions relating to the licensing of persons who hold an ownership interest in certain business entities which hold a gaming license; authorizing the State Gaming Control Board to take certain actions regarding its operations without the approval of the Commission; making various other changes relating to the regulation of gaming; prohibiting certain actions relating to gaming; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the Nevada Gaming Commission and the State Gaming Control Board are required to administer state gaming licenses and manufacturers’, sellers’ and distributors’ licenses, and to perform various acts relating to the regulation and control of gaming. (NRS 463.140) Section 2 of this bill authorizes the Commission to provide by regulation for the operation and registration of hosting centers, which will serve as centers for the operation of certain gaming systems. Section 3 of this bill authorizes the Commission to provide by regulation for the licensing of service providers, who will generally: (1) perform certain services on behalf of another licensed person who conducts nonrestricted gaming operations or an establishment licensed to operate interactive gaming; or (2) provide services or devices which patrons of licensed establishments use to obtain cash or wagering instruments.

       Existing law also provides that if the Commission approves the issuance of a license for gaming operations at the same location, or locations if the license is for the operation of a slot machine route, for the purposes of certain taxes or fees, the gaming license shall be deemed transferred within 30 days following certain changes in the business entity, and the previously licensed operation shall be deemed a continuing operation. (NRS 463.386) Section 7 of this bill removes the requirement that certain changes in the business entity must occur before the license may be deemed transferred, and instead provides that if the Commission approves such an issuance of a license, the Chair of the Board, in consultation with the Chair of the Commission, may administratively determine that the gaming license is transferred and the newly licensed operation is a continuing operation.

       Additionally, existing law requires every limited partner of a limited partnership and every member of a limited-liability company that holds a state gaming license to be licensed individually. (NRS 463.569, 463.5735) Sections 8 and 9 of this bill revise this requirement. Section 8 provides that: (1) only limited partners with more than a 5 percent ownership interest in a limited partnership must be licensed individually; and (2) a limited partner generally must register with the Board if such a limited partner holds a 5 percent or less ownership interest in a limited partnership and holds or applies for a state gaming license. Section 9 applies such requirements to members of a limited-liability company.

 


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ê2011 Statutes of Nevada, Page 202 (Chapter 49, SB 218)ê

 

       Existing law further provides that it is unlawful for a person at a licensed gaming establishment to use or possess with the intent to use a device to assist in projecting the outcome of a game, keeping track of cards played, analyzing the probability of the occurrence of an event relating to a game or analyzing the strategy for playing or betting to be used in a game. (NRS 465.075) A person who performs or attempts to perform any such actions is guilty of a category B felony. (NRS 465.088) Section 12 of this bill describes in more detail the types of devices that are unlawful, and provides that it is also unlawful to assist another person in using or possessing with the intent to use any such device. Section 12 also specifies that the use of any such device is only unlawful when such use provides an advantage to a person participating in or operating a game.

       Existing law also provides that it is unlawful for a person to perform certain actions relating to gaming without having first procured, and thereafter maintaining, all required gaming licenses. (NRS 463.160) A person who willfully violates, attempts to violate, or conspires to violate such provisions of law is, with certain exceptions, guilty of a category B felony. (NRS 463.360) Section 5.5 of this bill additionally provides that it is unlawful for a person to operate as a cash access and wagering service provider without having procured and maintained all required gaming licenses.

       Finally, existing law authorizes the Commission to adopt regulations governing the licensing and operation of interactive gaming and requires that any such regulations include certain provisions. (NRS 463.750) Section 11.5 of this bill additionally requires that any such regulations must: (1) establish the investigation fees for a license for a service provider to perform certain actions on behalf of an establishment licensed to operate interactive gaming; (2) provide that a person hold a license for a service provider in order to perform such actions; (3) set forth standards for the suitability of a person to be licensed as a service provider; and (4) set forth provisions governing the licensing requirements for a service provider and certain fees that a service provider may be required to pay.

       Section 4 of this bill authorizes the Board to take certain actions without the approval of the Commission with regard to: (1) certain operational activities and functions of the Board; and (2) establishing a plan by regulation concerning certain personnel provisions. Section 5 of this bill requires the Commission to post a notice on its website regarding any meeting at which the adoption, amendment or repeal of a regulation is considered, and section 6 of this bill removes the provision from existing law which requires the Chair of the Board to present a claim to the State Board of Examiners after an expenditure of money from the State Gaming Control Board Revolving Account. Sections 10 and 11 of this bill revise provisions concerning certain documents of a publicly traded corporation that holds a gaming license with which the Commission must be provided a copy under existing law.

       Section 14 of this bill repeals provisions relating to the Account for Investigating Cash Transactions of Gaming Licensees.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5, 2 and 3 of this act.

     Sec. 1.5.  “Cash access and wagering instrument service provider” means a provider of services or devices for use by patrons of licensed gaming establishments to obtain cash or wagering instruments through a variety of automated methods, including, without limitation:

     1.  Wagering instrument issuance and redemption kiosks; or

     2.  Money transfers through mobile or Internet services.

 


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ê2011 Statutes of Nevada, Page 203 (Chapter 49, SB 218)ê

 

     Sec. 2.  1.  The Legislature finds that:

     (a) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission be allowed to react to rapidly evolving technological advances while maintaining strict regulation and control of gaming.

     (b) Technological advances have evolved which allow certain parts of games, gaming devices, cashless wagering systems and race book and sports pool operations to be conducted at locations that are not on the premises of a licensed gaming establishment.

     2.  Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the operation and registration of hosting centers and persons associated therewith. Such regulations may include:

     (a) Provisions relating to the operation and location of hosting centers, including, without limitation, minimum internal and operational control standards established by the Commission.

     (b) Provisions relating to the registration of persons owning or operating a hosting center and any persons having a significant involvement with a hosting center, as determined by the Commission.

     (c) A provision that a person owning, operating or having a significant involvement with a hosting center may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

     (d) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129.

     3.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that hosting centers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

     4.  Regulations adopted by the Commission pursuant to this section must:

     (a) Define “hosting center.”

     (b) Provide that the premises on which the hosting center is located is subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises is where gaming is conducted and the hosting center is a gaming licensee.

     Sec. 3.  1.  The Legislature finds that:

     (a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, mobile gaming systems, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by a service provider who provides important services to the public with regard to the conduct and exposure of such games.

     (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to license service providers by maintaining strict regulation and control of the operation of such service providers and all persons and locations associated therewith.

 


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ê2011 Statutes of Nevada, Page 204 (Chapter 49, SB 218)ê

 

     2.  Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the licensing and operation of a service provider and all persons, locations and matters associated therewith. Such regulations may include, without limitation:

     (a) Provisions requiring the service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission, and to be licensed regardless of whether the service provider holds any other license.

     (b) Criteria regarding the location from which the service provider conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.

     (c) Provisions relating to the licensing of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.

     (d) A provision that a person owning, operating or having significant involvement with a service provider, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

     (e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that a service provider must be liable to the licensee on whose behalf the services are provided for the service provider’s proportionate share of the fees and taxes paid by the licensee.

     3.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that service providers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

     4.  Regulations adopted by the Commission pursuant to this section must provide that the premises on which a service provider conducts its operations is subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises is where gaming is conducted and the service provider is a gaming licensee.

     5.  As used in this section:

     (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

           (1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;

           (2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;

           (3) Maintains or operates the software or hardware of an interactive gaming system;

           (4) Provides the trademarks, trade names, service marks or similar intellectual property under which an establishment licensed to operate interactive gaming identifies its interactive gaming system to patrons;

 


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ê2011 Statutes of Nevada, Page 205 (Chapter 49, SB 218)ê

 

           (5) Provides information regarding persons to an establishment licensed to operate interactive gaming via a database or customer list; or

           (6) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment’s interactive gaming system.

     (b) “Service provider” means a person who:

           (1) Acts on behalf of another licensed person who conducts nonrestricted gaming operations, and who assists, manages, administers or controls wagers or games, or maintains or operates the software or hardware of games on behalf of such a licensed person, and is authorized to share in the revenue from games without being licensed to conduct gaming at an establishment;

           (2) Is an interactive gaming service provider;

           (3) Is a cash access and wagering instrument service provider; or

           (4) Meets such other or additional criteria as the Commission may establish by regulation.

     Sec. 3.5.  NRS 463.013 is hereby amended to read as follows:

     463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967, inclusive, and section 1.5 of this act have the meanings ascribed to them in those sections.

     Sec. 4.  NRS 463.080 is hereby amended to read as follows:

     463.080  1.  The Board [, with the approval of the Commission,] may:

     (a) Establish, and from time to time alter, such a plan of organization as it may deem expedient.

     (b) Acquire such furnishings, equipment, supplies, stationery, books, motor vehicles and other things as it may deem necessary or desirable in carrying out its functions.

     (c) Incur such other expenses, within the limit of money available to it, as it may deem necessary.

     2.  Except as otherwise provided in this chapter, all costs of administration incurred by the Board must be paid out on claims from the State General Fund in the same manner as other claims against the State are paid.

     3.  The Board shall, within the limits of legislative appropriations or authorizations, employ and fix the salaries of or contract for the services of such professional, technical and operational personnel and consultants as the execution of its duties and the operation of the Board and Commission may require.

     4.  The members of the Board and all the personnel of the Board, except clerical employees and employees described in NRS 284.148, are exempt from the provisions of chapter 284 of NRS. They are entitled to such leaves of absence as the Board prescribes, but such leaves must not be of lesser duration than those provided for other state employees pursuant to chapter 284 of NRS. Employees described in NRS 284.148 are subject to the limitations specified in that section.

 


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ê2011 Statutes of Nevada, Page 206 (Chapter 49, SB 218)ê

 

     5.  Clerical employees of the Board are in the classified service but are exempt from the provisions of chapter 284 of NRS for purposes of removal. They are entitled to receive an annual salary which must be fixed in accordance with the pay plan adopted under the provisions of that chapter.

     6.  The Board [and the Commission] shall [, by suitable regulations,] establish , and modify as necessary, a comprehensive plan governing employment, job classifications and performance standards, and retention or discharge of employees to assure that termination or other adverse action is not taken against such employees except for cause. The [regulations] plan must include provisions for hearings in personnel matters and for review of adverse actions taken in those matters.

     Sec. 5.  NRS 463.145 is hereby amended to read as follows:

     463.145  1.  Except as otherwise provided in NRS 368A.140, the Commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:

     (a) At least 30 days before [the initial] a meeting of the Commission [and 20 days before any subsequent meeting] at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:

           (1) [Published in such newspaper as the Commission prescribes;] Posted on the Commission’s Internet website;

           (2) Mailed to every person who has filed a request therefor with the Commission; and

           (3) When the Commission deems advisable, mailed to any person whom the Commission believes would be interested in the proposed action, and published in such additional form and manner as the Commission prescribes.

     (b) The notice of proposed adoption, amendment or repeal must include:

           (1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;

           (2) Reference to the authority under which the action is proposed; and

           (3) Either the express terms or an informative summary of the proposed action.

     (c) On the date and at the time and place designated in the notice, the Commission shall afford any interested person or his or her authorized representative, or both, the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present them orally. The Commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

     (d) Any interested person may file a petition with the Commission requesting the adoption, amendment or repeal of a regulation. The petition must state, clearly and concisely:

           (1) The substance or nature of the regulation, amendment or repeal requested;

           (2) The reasons for the request; and

           (3) Reference to the authority of the Commission to take the action requested.

Ê Upon receipt of the petition, the Commission shall within 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.

 


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     (e) In emergencies, the Commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.

     2.  In any hearing held pursuant to this section, the Commission or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.

     3.  The Commission may request the advice and assistance of the Board in carrying out the provisions of this section.

     Sec. 5.5.  NRS 463.160 is hereby amended to read as follows:

     463.160  1.  Except as otherwise provided in subsection 4 and NRS 463.172, it is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others:

     (a) To deal, operate, carry on, conduct, maintain or expose for play in the State of Nevada any gambling game, gaming device, inter-casino linked system, mobile gaming system, slot machine, race book or sports pool;

     (b) To provide or maintain any information service;

     (c) To operate a gaming salon; [or]

     (d) To 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 [,] ; or

     (e) To operate as a cash access and wagering instrument service provider,

Ê without having first procured, and thereafter maintaining in effect, all federal, state, county and municipal gaming licenses as required by statute, regulation or ordinance or by the governing board of any unincorporated town.

     2.  The licensure of an operator of an inter-casino linked system is not required if:

     (a) A gaming licensee is operating an inter-casino linked system on the premises of an affiliated licensee; or

     (b) An operator of a slot machine route is operating an inter-casino linked system consisting of slot machines only.

     3.  Except as otherwise provided in subsection 4, it is unlawful for any person knowingly to permit any gambling game, slot machine, gaming device, inter-casino linked system, mobile gaming system, race book or sports pool to be conducted, operated, dealt or carried on in any house or building or other premises owned by the person, in whole or in part, by a person who is not licensed pursuant to this chapter, or that person’s employee.

     4.  The Commission may, by regulation, authorize a person to own or lease gaming devices for the limited purpose of display or use in the person’s private residence without procuring a state gaming license.

     5.  As used in this section, “affiliated licensee” has the meaning ascribed to it in NRS 463.430.

     Sec. 6.  NRS 463.330 is hereby amended to read as follows:

     463.330  1.  Costs of administration of this chapter incurred by the Commission and the State Gaming Control Board must be paid from the State General Fund on claims presented by the Commission and the Board, respectively, and approved and paid as other claims against the State are paid.

 


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ê2011 Statutes of Nevada, Page 208 (Chapter 49, SB 218)ê

 

respectively, and approved and paid as other claims against the State are paid. The Commission and the Board shall comply with the provisions of the State Budget Act in order that legislative authorization for budgeted expenditures may be provided.

     2.  In order to facilitate the confidential investigation of violations of this chapter and the regulations adopted by the Commission pursuant to this chapter, there is hereby created the State Gaming Control Board Revolving Account. Upon the written request of the Chair of the Board, the State Controller shall draw a warrant in favor of the Chair in the amount of $10,000, and upon presentation of the warrant to the State Treasurer, the State Treasurer shall pay it. When the warrant is paid, the Chair shall deposit the $10,000 in a bank or credit union of reputable standing which shall secure the deposit with a depository bond satisfactory to the State Board of Examiners.

     3.  The Chair of the Board may use the Revolving Account to pay the reasonable expenses of agents and employees of the Board engaged in confidential investigations concerning the enforcement of this chapter, including the prepayment of expenses where necessary, whether such expenses are incurred for investigation of known or suspected violations. In allowing such expenses, the Chair is not limited or bound by the provisions of NRS 281.160.

     4.  [After the expenditure of money from the Revolving Account, the Chair of the Board shall present a claim to the State Board of Examiners for the amount of the expenditure to be replaced in the Revolving Account. The claim must be allowed and paid as are other claims against the State, but the claim must not detail the investigation made as to the agent or employee making the investigation or the person or persons investigated. If the State Board of Examiners is not satisfied with the claim, the members thereof may orally examine the Chair concerning the claim.

     5.]  Expenditures from the Revolving Account may not exceed the amount authorized by the Legislature in any fiscal year.

     Sec. 7.  NRS 463.386 is hereby amended to read as follows:

     463.386  1.  If the Commission approves the issuance of a license for gaming operations at the same location [,] that is currently licensed, or locations that are currently licensed if the license is for the operation of a slot machine route, [within 30 days following a change described in subsection 2,] the Chair of the Board, in consultation with the Chair of the Commission, may administratively determine that, for the purposes of NRS 463.370 and 463.373 to 463.3855, inclusive, the gaming license shall be deemed transferred , [and] the previously licensed operation shall be deemed a continuing operation [.] and credit must be granted for prepaid license fees, if the Chair of the Board makes a written finding that such determination is consistent with the public policy of this State pursuant to NRS 463.0129.

     2.  [Credit must be granted for prepaid license fees as described in subsection 1 if:

     (a) The securities of a corporate gaming licensee are or become publicly held or publicly traded and the gaming operations of that corporation are transferred to a wholly owned subsidiary corporation;

     (b) A corporate gaming licensee is merged with another corporation which is the surviving entity and at least 80 percent of the surviving entity is owned by shareholders of the former licensee;

 


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ê2011 Statutes of Nevada, Page 209 (Chapter 49, SB 218)ê

 

     (c) A corporate gaming licensee is dissolved, and the parent corporation of the dissolved corporation or a subsidiary corporation of the parent corporation, at least 80 percent of which is owned by the parent corporation, becomes the gaming licensee;

     (d) A corporate gaming licensee or a gaming licensee which is a partnership or limited partnership is reorganized pursuant to a plan of reorganization approved by the Commission, and a limited partnership or limited-liability company is the surviving entity;

     (e) The assets of a gaming licensee who is a sole proprietorship are transferred to:

           (1) A corporation and at least 80 percent of the stock of the corporation is held by the former sole proprietor; or

           (2) A limited-liability company and at least 80 percent of the interests in the limited-liability company are held by the former sole proprietor;

     (f) A corporate gaming licensee is dissolved and the assets of the gaming establishment are transferred to:

           (1) A sole proprietorship in which the sole proprietor owned at least 80 percent of the stock of the former corporation; or

           (2) A limited-liability company in which at least 80 percent of the interests are owned by a person who owned at least 80 percent of the stock of the former corporation;

     (g) A licensed gaming partnership or limited partnership is dissolved and the assets of the gaming establishment are transferred to a sole proprietorship in which the sole proprietor owned at least 80 percent of the former partnership or limited partnership interests;

     (h) The assets of a gaming licensee who is a sole proprietorship are transferred to a partnership or limited partnership in which at least 80 percent of the ownership of the partnership or limited partnership interests are held by the former sole proprietor;

     (i) A licensed gaming partnership, limited partnership or limited-liability company is dissolved and the assets of the gaming establishment are transferred to a corporation, at least 80 percent of the stock of which is held by persons who held interests in the former partnership, limited partnership or limited-liability company;

     (j) A licensed gaming partnership or limited partnership is dissolved or reorganized and the assets of the gaming establishment are transferred to a partnership, limited partnership or limited-liability company, at least 80 percent of the ownership of which is held by the former partnership interests; or

     (k) A trustee, receiver, assignee for the benefit of a creditor or a fiduciary is approved to continue the operation of a licensed establishment and the Commission deems the operation to continue pursuant to the existing license of the establishment.

     3.]  The Chair of the Board may refer a request for administrative determination pursuant to this section to the Board and the Commission for consideration, or may deny the request for any reasonable cause. A denial may be submitted for review by the Board and the Commission in the manner set forth by the regulations adopted by the Commission which pertain to the review of administrative approval decisions.

 


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ê2011 Statutes of Nevada, Page 210 (Chapter 49, SB 218)ê

 

     3.  Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.

     4.  The Commission may, with the advice and assistance of the Board, adopt regulations consistent with the policy, objects and purposes of this chapter as it may deem necessary to carry out the provisions of this section.

     Sec. 8.  NRS 463.569 is hereby amended to read as follows:

     463.569  1.  Every general partner of, and every limited partner [of] with more than a 5 percent ownership interest in, a limited partnership which holds a state gaming license must be licensed individually, according to the provisions of this chapter, and if, in the judgment of the Commission, the public interest will be served by requiring any other limited partners or any or all of the limited partnership’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed, the limited partnership shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing. Publicly traded corporations which are limited partners of limited partnerships are not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive. A person who is required to be licensed by this section as a general or limited partner shall not receive that position until the person secures the required approval of the Commission. A person who is required to be licensed pursuant to a decision of the Commission shall apply for a license within 30 days after the Commission requests the person to do so.

     2.  All limited partners holding a 5 percent or less ownership interest in a limited partnership, other than a publicly traded limited partnership, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a limited partner holding a 5 percent or less ownership interest in a limited partnership.

     3.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

     Sec. 9.  NRS 463.5735 is hereby amended to read as follows:

     463.5735  1.  Every member [,] and transferee of a member’s interest with more than a 5 percent ownership interest in a limited-liability company, and every director and manager of a limited-liability company which holds or applies for a state gaming license , must be licensed individually [,] according to the provisions of this chapter.

     2.  All members holding a 5 percent or less ownership interest in a limited-liability company, other than a publicly traded limited-liability company, which hold or apply for a state gaming license, must register in that capacity with the Board and submit to the Board’s jurisdiction. Such registration must be made on forms prescribed by the Chair of the Board. The Chair of the Board may require a registrant to apply for licensure at any time in the Chair’s discretion. A person who is required to be registered by this section shall apply for registration within 30 days after the person becomes a member holding a 5 percent or less ownership interest in a limited-liability company.

 


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ê2011 Statutes of Nevada, Page 211 (Chapter 49, SB 218)ê

 

registered by this section shall apply for registration within 30 days after the person becomes a member holding a 5 percent or less ownership interest in a limited-liability company.

     3.  If, in the judgment of the Commission, the public interest will be served by requiring any members with a 5 percent or less ownership interest in a limited-liability company, or any of the limited-liability company’s lenders, holders of evidence of indebtedness, underwriters, key executives, agents or employees to be licensed:

     (a) The limited-liability company shall require those persons to apply for a license in accordance with the laws and requirements in effect at the time the Commission requires the licensing; and

     (b) Those persons shall apply for a license within 30 days after being requested to do so by the Commission.

     [3.] 4.  A publicly traded corporation which is a member of a limited-liability company is not required to be licensed, but shall comply with NRS 463.635 to 463.645, inclusive.

     [4.] 5.  No person may become a member or a transferee of a member’s interest in a limited-liability company which holds a license until the person secures the required approval of the Commission.

     [5.] 6.  A director or manager of a limited-liability company shall apply for a license within 30 days after assuming office.

     7.  The Commission may, with the advice and assistance of the Board, adopt such regulations as it deems necessary to carry out the provisions of subsection 2.

     Sec. 10.  NRS 463.639 is hereby amended to read as follows:

     463.639  1.  Except as otherwise provided in subsection 2, after a publicly traded corporation has registered pursuant to this chapter, and while the publicly traded corporation or any of its affiliated or intermediary companies holds a gaming license, the publicly traded corporation shall:

     (a) Report promptly to the Commission in writing any change in its officers, directors or employees who are actively and directly engaged in the administration or supervision of the gaming activities of the corporation or any of its affiliated or intermediary companies.

     (b) Each year furnish to the Commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the Commission therefor, a copy of the publicly traded corporation’s federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the Securities and Exchange Commission.

     (c) [Mail] Upon request of the Chair of the Board, mail to the Commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to section 13(d) of the Securities Exchange Act of 1934, as amended, within 10 days after receiving the statement or amendment thereto, and report promptly to the Commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.

 


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ê2011 Statutes of Nevada, Page 212 (Chapter 49, SB 218)ê

 

     (d) Upon request of the [Commission,] Chair of the Board, furnish to [it] the Commission a copy of any document filed by the publicly traded corporation with the Securities and Exchange Commission or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.

     2.  A publicly traded corporation which was created under the laws of a foreign country shall, instead of complying with subsection 1:

     (a) Each year furnish to the Commission a profit and loss statement and a balance sheet of the publicly traded corporation as of the end of the year, and, upon request of the Commission therefor, a copy of the publicly traded corporation’s federal income tax return within 30 days after the return is filed with the Federal Government. All profit and loss statements and balance sheets must be submitted within 120 days after the close of the fiscal year to which they relate, and may be those filed by the publicly traded corporation with or furnished by it to the foreign governmental agency that regulates the sale of its securities.

     (b) [Mail] Upon request of the Chair of the Board, mail to the Commission a copy of any statement, or amendment thereto, received from a stockholder or group of stockholders pursuant to law, within 10 days after receiving the statement or amendment thereto, and report promptly to the Commission in writing any changes in ownership of record of its equity securities which indicate that any person has become the owner of record of more than 10 percent of its outstanding equity securities of any class.

     (c) Upon request of the [Commission,] Chair of the Board, furnish to [it] the Commission a copy of any document filed by the publicly traded corporation with the foreign governmental agency that regulates the sale of its securities or with any national or regional securities exchange, including documents considered to be confidential in nature, or any document furnished by it to any of its equity security holders of any class.

     Sec. 11.  NRS 463.643 is hereby amended to read as follows:

     463.643  1.  Each person who acquires, directly or indirectly:

     (a) Beneficial ownership of any voting security; or

     (b) Beneficial or record ownership of any nonvoting security,

Ê in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that the person’s acquisition of that ownership would otherwise be inconsistent with the declared policy of this state.

     2.  Each person who acquires, directly or indirectly, beneficial or record ownership of any debt security in a publicly traded corporation which is registered with the Commission may be required to be found suitable if the Commission has reason to believe that the person’s acquisition of the debt security would otherwise be inconsistent with the declared policy of this state.

     3.  Each person who, individually or in association with others, acquires, directly or indirectly, beneficial ownership of more than 5 percent of any class of voting securities of a publicly traded corporation registered with the Nevada Gaming Commission, and who is required to report, or voluntarily reports, the acquisition to the Securities and Exchange Commission pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall , [file a copy of that report, and any amendments thereto, with the Nevada Gaming Commission] within 10 days after filing [that] the report and any amendment thereto with the Securities and Exchange Commission [.]

 


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ê2011 Statutes of Nevada, Page 213 (Chapter 49, SB 218)ê

 

Gaming Commission] within 10 days after filing [that] the report and any amendment thereto with the Securities and Exchange Commission [.] , notify the Nevada Gaming Commission in the manner prescribed by the Chair of the Board that the report has been filed with the Securities and Exchange Commission.

     4.  Each person who, individually or in association with others, acquires, directly or indirectly, the beneficial ownership of more than 10 percent of any class of voting securities of a publicly traded corporation registered with the Commission, or who is required to report, or voluntarily reports, such acquisition pursuant to section 13(d)(1), 13(g) or 16(a) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. §§ 78m(d)(1), 78m(g) and 78p(a), respectively, shall apply to the Commission for a finding of suitability within 30 days after the Chair of the Board mails the written notice.

     5.  A person who acquires, directly or indirectly:

     (a) Beneficial ownership of any voting security; or

     (b) Beneficial or record ownership of any nonvoting security or debt security,

Ê in a publicly traded corporation created under the laws of a foreign country which is registered with the Commission shall file such reports and is subject to such a finding of suitability as the Commission may prescribe.

     6.  Any person required by the Commission or by this section to be found suitable shall:

     (a) Except as otherwise required in subsection 4, apply for a finding of suitability within 30 days after the Commission requests that the person do so; and

     (b) Together with the application, deposit with the Board a sum of money which, in the opinion of the Board, will be adequate to pay the anticipated costs and charges incurred in the investigation and processing of the application, and deposit such additional sums as are required by the Board to pay final costs and charges.

     7.  Any person required by the Commission or this section to be found suitable who is found unsuitable by the Commission shall not hold directly or indirectly the:

     (a) Beneficial ownership of any voting security; or

     (b) Beneficial or record ownership of any nonvoting security or debt security,

Ê of a publicly traded corporation which is registered with the Commission beyond the time prescribed by the Commission.

     8.  The violation of subsection 6 or 7 is a gross misdemeanor.

     9.  As used in this section, “debt security” means any instrument generally recognized as a corporate security representing money owed and reflected as debt on the financial statement of a publicly traded corporation, including, but not limited to, bonds, notes and debentures.

     Sec. 11.5.  NRS 463.750 is hereby amended to read as follows:

     463.750  1.  Except as otherwise provided in subsections 2 and 3, the Commission may, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.

     2.  The Commission may not adopt regulations governing the licensing and operation of interactive gaming until the Commission first determines that:

 


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ê2011 Statutes of Nevada, Page 214 (Chapter 49, SB 218)ê

 

     (a) Interactive gaming can be operated in compliance with all applicable laws;

     (b) Interactive gaming systems are secure and reliable, and provide reasonable assurance that players will be of lawful age and communicating only from jurisdictions where it is lawful to make such communications; and

     (c) Such regulations are consistent with the public policy of the State to foster the stability and success of gaming.

     3.  The regulations adopted by the Commission pursuant to this section must:

     (a) Establish the investigation fees for:

           (1) A license to operate interactive gaming;

           (2) A license for a manufacturer of interactive gaming systems; [and]

           (3) A license for a manufacturer of equipment associated with interactive gaming [.] ; and

           (4) A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of section 3 of this act.

     (b) Provide that:

           (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; [and]

           (2) A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming [.] ; and

           (3) A person must hold a license for a service provider to perform the actions described in paragraph (a) of subsection 5 of section 3 of this act.

     (c) Set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems , [or] manufacturer of equipment associated with interactive gaming or a service provider as described in paragraph (b) of subsection 5 of section 3 of this act that are as stringent as the standards for a nonrestricted license.

     (d) Set forth provisions governing:

           (1) The initial fee for a license for a service provider as described in paragraph (b) of subsection 5 of section 3 of this act.

           (2) The fee for the renewal of such a license for such a service provider and any renewal requirements for such a license.

           (3) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which a service provider may be liable to the person licensed to operate interactive gaming.

     (e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment.

     [(e)] (f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

     [(f)] (g) Define “equipment associated with interactive gaming,” “interactive gaming system,” “manufacturer of equipment associated with interactive gaming,” “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

 


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ê2011 Statutes of Nevada, Page 215 (Chapter 49, SB 218)ê

 

     4.  Except as otherwise provided in subsection 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

     (a) In a county whose population is 400,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

     (b) In a county whose population is more than 40,000 but less than 400,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

           (1) Holds a nonrestricted license for the operation of games and gaming devices;

           (2) Has more than 120 rooms available for sleeping accommodations in the same county;

           (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

           (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

           (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

     (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

           (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

           (2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and

           (3) Operates either:

                (I) More than 50 rooms for sleeping accommodations in connection therewith; or

                (II) More than 50 gaming devices in connection therewith.

     5.  The Commission may:

     (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

           (1) The establishment satisfies the applicable requirements set forth in subsection 4; and

           (2) The affiliate is located in the same county as the establishment; and

     (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

     6.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

     (a) Until the Commission adopts regulations pursuant to this section; and

     (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

 


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ê2011 Statutes of Nevada, Page 216 (Chapter 49, SB 218)ê

 

     7.  A person who violates subsection 6 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years or by a fine of not more than $50,000, or both.

     Sec. 12.  NRS 465.075 is hereby amended to read as follows:

     465.075  1.  It is unlawful for any person [at a licensed gaming establishment] to use, [or] possess with the intent to use [,] or assist another person in using or possessing with the intent to use any computerized, electronic, electrical or mechanical device [to assist:

     1.  In projecting] which is designed, constructed, altered or programmed to obtain an advantage at playing any game in a licensed gaming establishment, including, without limitation, a device that:

     (a) Projects the outcome of the game;

     [2.  In keeping]

     (b) Keeps track of [the] cards played [;

     3.  In analyzing] or cards prepared for play;

     (c) Analyzes the probability of the occurrence of an event relating to [the] a game; or

     [4.  In analyzing]

     (d) Analyzes the strategy for playing or betting to be used in the game,

Ê except as may be made available as part of an approved game or otherwise permitted by the Commission.

     2.  As used in this section, “advantage” means a benefit obtained by one or more participants in a game through information or knowledge that is not made available as part of the game as approved by the Board or Commission.

     Sec. 13.  (Deleted by amendment.)

     Sec. 14.  NRS 463.332 is hereby repealed.

     Sec. 15.  This act becomes effective upon passage and approval.

________

 


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ê2011 Statutes of Nevada, Page 217ê

 

CHAPTER 50, AB 25

Assembly Bill No. 25–Committee on Commerce and Labor

 

CHAPTER 50

 

[Approved: May 18, 2011]

 

AN ACT relating to certified court reporters; revising the educational requirements to take the examination for certification by the Certified Court Reporters’ Board of Nevada; authorizing the Board to impose a civil penalty against a person for certain violations; requiring the Board to conduct certain hearings; revising the authority of the Board to investigate certain conduct; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill provides that any person who violates laws or regulations governing court reporters is subject to a civil penalty of not more than $5,000 for each violation. Section 3 of this bill revises the educational requirements to take the examination for certification as a court reporter by changing from requiring a certificate of satisfactory completion of a prescribed course of study to requiring that a person, prior to sitting for the examination, complete course work in academic fields related to court reporting from a school for court reporters or through a distance education program.

       Existing law authorizes the Certified Court Reporters’ Board of Nevada to impose an administrative fine against a court reporter or court reporting firm for violating provisions governing court reporters. Existing law also authorizes the Board to restrict, revoke or refuse to issue or renew a license or certificate, or to place a court reporter or court reporting firm on probation for a period of not more than 1 year for such violations. (NRS 656.257) Section 4 of this bill requires the Board to hold a hearing before imposing a fine or penalty against a court reporter or court reporting firm for violating such provisions. Section 5 of this bill broadens the authority of the Board to investigate conduct which may violate the provisions governing court reporters.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 656 of NRS is hereby amended by adding thereto a new section to read as follows:

     In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the Board:

     1.  If the person is a certified court reporter or court reporting firm, at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

     2.  If the person is not a licensee, at a hearing for which written notice has been given not less than 30 days before the hearing.

     Sec. 2.  NRS 656.030 is hereby amended to read as follows:

     656.030  As used in this chapter, unless the context otherwise requires:

     1.  “Board” means the Certified Court Reporters’ Board of Nevada.

     2.  “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

 


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ê2011 Statutes of Nevada, Page 218 (Chapter 50, AB 25)ê

 

     3.  “Certified court reporter” or “court reporter” means a person who is technically qualified and registered under this chapter to practice court reporting.

     4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters in this State.

     5.  “Designated representative of a court reporting firm” means the person designated to act as the representative of a court reporting firm pursuant to NRS 656.186.

     6.  “Distance education program” means a program that offers instruction which is delivered by the Internet in such a manner that the person supervising or providing the instruction and the person receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

     7.  “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

     [7.] 8.  “Licensee” means a person to whom a license has been issued.

     [8.] 9.  “Practice of court reporting” means reporting, in this State, by the use of voice writing or any system of manual or mechanical shorthand writing:

     (a) Grand jury proceedings;

     (b) Court proceedings, with the exception of proceedings before a federal court;

     (c) Pretrial examinations, depositions, motions and related proceedings of like character; or

     (d) Proceedings of any agency if the final decision of the agency with reference thereto is subject to judicial review.

     [9.] 10.  “Stenographic notes” means:

     (a) The original manually or mechanically produced notes in shorthand or shorthand writing taken by a court reporter while in attendance at a proceeding to report the proceeding; or

     (b) The record produced by the use of voice writing by a court reporter while in attendance at a proceeding.

     [10.] 11.  “Voice writing” means the making of a verbatim record of a proceeding by repeating the words of the speaker into a device that is capable of:

     (a) Digitally translating the words into text; or

     (b) Making a tape or digital recording of those words.

Ê The term includes, without limitation, stenomasking, verbatim reporting and other similar titles.

     Sec. 3.  NRS 656.170 is hereby amended to read as follows:

     656.170  1.  Examinations must be held not less than twice a year at such times and places as the Board may designate.

     2.  No person may be admitted to the examination unless the person first presents satisfactory evidence to the Board that he or she has:

     (a) Received a passing grade on the National Court Reporters Association’s examination for registered professional reporters, if the Board has approved the examination;

     (b) Received a passing grade on the National Verbatim Reporters Association’s examination for certified verbatim reporters, if the Board has approved the examination;

 


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ê2011 Statutes of Nevada, Page 219 (Chapter 50, AB 25)ê

 

     (c) [A certificate of satisfactory completion of a prescribed course of study from] Completed course work at a school for court reporters [which includes] or completed course work offered through a distance education program for court reporters in English grammar, reading, spelling and vocabulary, medical and legal terminology, transcription [,] and computer-aided transcription, reporting procedures and court reporting at 200 words per minute with an accuracy of [97.5] 95 percent;

     (d) A certificate as a registered professional reporter, registered merit reporter, certified CART provider, certified broadcast captioner or certified realtime reporter from the National Court Reporters Association, if the Board has approved each such certificate;

     (e) A certificate as a certified verbatim reporter , realtime verbatim reporter, registered CART provider or registered broadcast captioner or a certificate of merit from the National Verbatim Reporters Association, if the Board has approved each such certificate;

     (f) A valid certificate or license to practice court reporting issued by another state; or

     (g) One year of continuous experience as a full-time court reporter using voice writing or any system of manual or mechanical shorthand writing.

     Sec. 4.  NRS 656.257 is hereby amended to read as follows:

     656.257  1.  In addition to or in lieu of suspending, revoking or refusing to issue or renew the certificate of a court reporter or the license of a court reporting firm pursuant to NRS 656.240, 656.250 or 656.253, the Board may, by a majority vote:

     [1.] (a) Place the court reporter or court reporting firm on probation for a period not to exceed 1 year; or

     [2.] (b) Impose an administrative fine against the court reporter or court reporting firm in an amount not to exceed $5,000 for each violation for which the administrative fine is imposed.

     2.  Any penalty imposed pursuant to this section must be imposed by the Board at a hearing conducted pursuant to chapter 622A of NRS.

     Sec. 5.  NRS 656.280 is hereby amended to read as follows:

     656.280  1.  The Board may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proven would constitute grounds for refusal, suspension or revocation of a certificate or license or other disciplinary action as set forth in NRS 656.240 to [656.270,] 656.300, inclusive, investigate the actions of a current or former certificate holder or licensee, including a firm or any other person who applies for, or holds or represents that he or she or the firm holds a license or certificate.

     2.  The Board shall, before refusing to issue any license or certificate, notify the applicant in writing of the reasons for the refusal. The notice must be served by delivery personally to the applicant or by mailing by registered or certified mail to the last known place of business of the applicant.

     3.  The time set in the notice must not be less than 10 nor more than 30 days after delivery or mailing.

     4.  The Board may continue the hearing from time to time.

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

________

 


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ê2011 Statutes of Nevada, Page 220ê

 

CHAPTER 51, AB 57

Assembly Bill No. 57–Committee on Judiciary

 

CHAPTER 51

 

[Approved: May 18, 2011]

 

AN ACT relating to crimes; revising provisions relating to the registration of offenders convicted of a crime against a child and of sex offenders; adding a member to the Advisory Committee to Study Laws Concerning Sex Offender Registration; requiring notification of certain agencies after changes in a sex offender’s location or length of stay in a jurisdiction; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that a record of registration as an offender (a person convicted of a crime against a child) or as a sex offender must contain certain information identifying the offender or sex offender and also provides that a sex offender must notify certain law enforcement agencies of any address change where he or she resides, is a student or is employed. (NRS 179D.150, 179D.470) Section 3 of this bill requires an offender or sex offender who has no fixed residence to provide the address or certain details of the location where the person habitually sleeps to be included in a record of registration.

       Section 5 of this bill expands the duty of a sex offender to notify certain law enforcement agencies after staying in a jurisdiction longer than 30 days under certain circumstances. Section 5 also requires a sex offender who has no fixed address to notify law enforcement at least every 30 days if there are any changes in the sex offender’s temporary shelter or place where the sex offender habitually sleeps.

       Section 4.3 of this bill adds a member who is a mental health professional to the Advisory Committee to Study Laws Concerning Sex Offender Registration.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 179A.071 is hereby amended to read as follows:

     179A.071  “Record of registration” has the meaning ascribed to it in NRS [179D.150.] 179D.070.

     Sec. 2.  NRS 179B.090 is hereby amended to read as follows:

     179B.090  “Record of registration” [means a record of registration that contains the information required by NRS 179D.150.] has the meaning ascribed to it in NRS 179D.070.

     Sec. 3.  Chapter 179D of NRS is hereby amended by adding thereto a new section to read as follows:

     A record of registration must include, if the information is available:

     1.  Information identifying the offender or sex offender, including, but not limited to:

     (a) The name of the offender or sex offender and all aliases that the offender or sex offender has used or under which he or she has been known;

     (b) A complete physical description of the offender or sex offender, a current photograph of the offender or sex offender and the fingerprints and palm prints of the offender or sex offender;

 


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ê2011 Statutes of Nevada, Page 221 (Chapter 51, AB 57)ê

 

     (c) The date of birth and the social security number of the offender or sex offender;

     (d) The identification number from a driver’s license or an identification card issued to the offender or sex offender by this State or any other jurisdiction and a photocopy of such driver’s license or identification card;

     (e) A report of the analysis of the genetic markers of the specimen obtained from the offender or sex offender pursuant to NRS 176.0913; and

     (f) Any other information that identifies the offender or sex offender.

     2.  Except as otherwise provided in subsection 3, information concerning the residence of the offender or sex offender, including, but not limited to:

     (a) The address at which the offender or sex offender resides;

     (b) The length of time the offender or sex offender has resided at that address and the length of time the offender or sex offender expects to reside at that address;

     (c) The address or location of any other place where the offender or sex offender expects to reside in the future and the length of time the offender or sex offender expects to reside there; and

     (d) The length of time the offender or sex offender expects to remain in the county where the offender or sex offender resides and in this State.

     3.  If the offender or sex offender has no fixed residence, the address of any dwelling that is providing the offender or sex offender temporary shelter, or any other location where the offender or sex offender habitually sleeps, including, but not limited to, the cross streets, intersection, direction and identifiable landmarks of the city, county, state and zip code of that location.

     4.  Information concerning the offender’s or sex offender’s occupations, employment or work or expected occupations, employment or work, including, but not limited to, the name, address and type of business of all current and expected future employers of the offender or sex offender.

     5.  Information concerning the offender’s or sex offender’s volunteer service or expected volunteer service in connection with any activity or organization within this State, including, but not limited to, the name, address and type of each such activity or organization.

     6.  Information concerning the offender’s or sex offender’s enrollment or expected enrollment as a student in any public or private educational institution or school within this State, including, but not limited to, the name, address and type of each such educational institution or school.

     7.  Information concerning whether:

     (a) The offender or sex offender is, expects to be or becomes enrolled as a student at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s enrollment at an institution of higher education; or

     (b) The offender or sex offender is, expects to be or becomes a worker at an institution of higher education or changes the date of commencement or termination of the offender or sex offender’s work at an institution of higher education,

Ê including, but not limited to, the name, address and type of each such institution of higher education.

 


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ê2011 Statutes of Nevada, Page 222 (Chapter 51, AB 57)ê

 

     8.  The license plate number and a description of all motor vehicles registered to or frequently driven by the offender or sex offender.

     9.  The level of registration and community notification of the offender or sex offender.

     10.  The criminal history of the offender or sex offender, including, without limitation:

     (a) The dates of all arrests and convictions of the offender or sex offender;

     (b) The status of parole, probation or supervised release of the offender or sex offender;

     (c) The status of the registration of the offender or sex offender; and

     (d) The existence of any outstanding arrest warrants for the offender or sex offender.

     11.  The following information for each offense for which the offender or sex offender has been convicted:

     (a) The court in which the offender or sex offender was convicted;

     (b) The text of the provision of law defining each offense;

     (c) The name under which the offender or sex offender was convicted;

     (d) The name and location of each penal institution, school, hospital, mental facility or other institution to which the offender or sex offender was committed;

     (e) The specific location where the offense was committed;

     (f) The age, the gender, the race and a general physical description of the victim; and

     (g) The method of operation that was used to commit the offense, including, but not limited to:

           (1) Specific sexual acts committed against the victim;

           (2) The method of obtaining access to the victim, such as the use of enticements, threats, forced entry or violence against the victim;

           (3) The type of injuries inflicted on the victim;

           (4) The types of instruments, weapons or objects used;

           (5) The type of property taken; and

           (6) Any other distinctive characteristic of the behavior or personality of the offender or sex offender.

     12.  Any other information required by federal law.

     Sec. 4.  NRS 179D.070 is hereby amended to read as follows:

     179D.070  “Record of registration” means a record of registration that contains the information required by [NRS 179D.150.] section 3 of this act.

     Sec. 4.3.  NRS 179D.132 is hereby amended to read as follows:

     179D.132  1.  The Advisory Committee to Study Laws Concerning Sex Offender Registration is hereby created.

     2.  The Committee consists of the following members:

     (a) The Attorney General or the Attorney General’s designee;

     (b) One member of the Assembly appointed by the Speaker of the Assembly;

     (c) One member of the Senate appointed by the Majority Leader of the Senate;

     (d) One member appointed by the Nevada Sheriffs’ and Chiefs’ Association, or a successor organization;

     (e) One member appointed by the Nevada District Attorneys Association, or a successor organization;

 


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ê2011 Statutes of Nevada, Page 223 (Chapter 51, AB 57)ê

 

     (f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

     (g) One member appointed by the American Civil Liberties Union, or a successor organization; [and]

     (h) One member who is a mental health professional, appointed by the Attorney General; and

     (i) Any member appointed by an organization that has been authorized by the Attorney General to appoint a member of the Committee pursuant to NRS 179D.134.

     3.  The Attorney General or the Attorney General’s designee is the Chair of the Committee.

     4.  Each member who is appointed to the Committee serves a term of 2 years. Except as otherwise provided in subsection 3 of NRS 179D.134:

     (a) Members may be reappointed for additional terms of 2 years in the same manner as the original appointments; and

     (b) Any vacancy occurring in the membership of the Committee must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

     5.  The Committee shall meet at least twice each year and may meet at such further times as deemed necessary by the Chair.

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

     7.  The Committee shall comply with the provisions of chapter 241 of NRS, and all meetings of the Committee must be conducted in accordance with that chapter.

     8.  For each day or portion of a day during which a member of the Committee who is a Legislator attends a meeting of the Committee or is otherwise engaged in the business of the Committee, except during a regular or special session of the Legislature, the Legislator 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 generally; and

     (c) Travel expenses provided pursuant to NRS 218A.655.

Ê The compensation, per diem allowances and travel expenses of the members of the Committee who are Legislators must be paid from the Legislative Fund.

     9.  While engaged in the business of the Committee, to the extent of legislative appropriation, the members of the Committee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

     10.  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 or her duties without loss of regular compensation so that he or she 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. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Committee to:

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

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

 


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ê2011 Statutes of Nevada, Page 224 (Chapter 51, AB 57)ê

 

     11.  The Attorney General shall provide the Committee with such staff as is necessary to carry out the duties of the Committee.

     Sec. 4.7.  NRS 179D.134 is hereby amended to read as follows:

     179D.134  1.  An organization which is concerned with state and federal laws concerning the registration of sex offenders and which wishes to appoint a member to the Committee pursuant to paragraph [(h)] (i) of subsection 2 of NRS 179D.132 may apply to the Attorney General, or the Attorney General’s designee, for authorization to appoint a member to the Committee. At the Attorney General’s discretion, the Attorney General may authorize the organization to appoint a member to the Committee.

     2.  At any time after the Attorney General has authorized an organization to appoint a member to the Committee, the Attorney General may revoke the organization’s authorization to appoint a member to the Committee.

     3.  If, after receiving authorization to appoint a member to the Committee, an organization ceases to exist or has its authorization to appoint a member to the Committee revoked by the Attorney General, any member of the Committee appointed by the organization may complete the term to which the member was appointed, and upon the completion of that term, the organization, or a successor organization, may not appoint a member to the Committee.

     Sec. 5.  NRS 179D.470 is hereby amended to read as follows:

     179D.470  1.  If a sex offender changes the address at which he or she resides, including moving from this State to another jurisdiction, [or] changes the primary address at which [the sex offender] he or she is a student or worker [,] or remains in a jurisdiction longer than 30 days after initially reporting a stay of less than 30 days, the sex offender shall, not later than 48 hours after [changing such an address, the sex offender shall] such a change in status, provide notice of the change in status, including, without limitation, the new address, in person, to the local law enforcement agency in whose jurisdiction the sex offender now resides and, in person or in writing, to the local law enforcement agency in whose jurisdiction the sex offender formerly resided and shall provide all other information that is relevant to updating the record of registration, including, but not limited to, any change in the sex offender’s name, occupation, employment, work, volunteer service or driver’s license and any change in the license number or description of a motor vehicle registered to or frequently driven by the sex offender.

     2.  Upon receiving a change of address from a sex offender, the local law enforcement agency shall immediately forward the new address and any updated information to the Central Repository and:

     (a) If the sex offender has changed an address within this State, the Central Repository shall immediately provide notification concerning the sex offender to the local law enforcement agency in whose jurisdiction the sex offender is now residing or is a student or worker and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker; or

     (b) If the sex offender has changed an address from this State to another jurisdiction, the Central Repository shall immediately provide notification concerning the sex offender to the appropriate law enforcement agency in the other jurisdiction and shall notify the local law enforcement agency in whose jurisdiction the sex offender last resided or was a student or worker.

 


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ê2011 Statutes of Nevada, Page 225 (Chapter 51, AB 57)ê

 

     3.  In addition to any other requirement pursuant to this section and upon notification of the requirements of this subsection, any sex offender who has no fixed residence shall at least every 30 days notify the local law enforcement agency in whose jurisdiction the sex offender resides if there are any changes in the address of any dwelling that is providing the sex offender temporary shelter or any changes in location where the sex offender habitually sleeps. The court may dismiss any criminal charges filed for failure to comply with this subsection if the sex offender immediately updates his or her record of registration.

     Sec. 6.  NRS 391.314 is hereby amended to read as follows:

     391.314  1.  If a superintendent has reason to believe that cause exists for the dismissal of a licensed employee and the superintendent is of the opinion that the immediate suspension of the employee is necessary in the best interests of the pupils in the district, the superintendent may suspend the employee without notice and without a hearing. Notwithstanding the provisions of NRS 391.312, a superintendent may suspend a licensed employee who has been officially charged but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, the employee must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension.

     2.  Within 5 days after a suspension becomes effective, the superintendent shall begin proceedings pursuant to the provisions of NRS 391.312 to 391.3196, inclusive, to effect the employee’s dismissal. The employee is entitled to continue to receive his or her salary and other benefits after the suspension becomes effective until the date on which the dismissal proceedings are commenced. The superintendent may recommend that an employee who has been charged with a felony or a crime involving immorality be dismissed for another ground set forth in NRS 391.312.

     3.  If sufficient grounds for dismissal do not exist, the employee must be reinstated with full compensation, plus interest.

     4.  A licensed employee who furnishes to the school district a bond or other security which is acceptable to the board as a guarantee that the employee will repay any amounts paid to him or her pursuant to this subsection as salary during a period of suspension is entitled to continue to receive his or her salary from the date on which the dismissal proceedings are commenced until the decision of the board or the report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept security other than a bond. An employee who receives salary pursuant to this subsection shall repay it if the employee is dismissed or not reemployed as a result of a decision of the board or a report of a hearing officer.

     5.  A licensed employee who is convicted of a crime which requires registration pursuant to NRS 179D.010 to 179D.550, inclusive, and section 3 of this act, or is convicted of an act forbidden by NRS 200.508, 201.190, 201.265, 201.540, 201.560 or 207.260 forfeits all rights of employment from the date of his or her arrest.

     6.  A licensed employee who is convicted of any crime and who is sentenced to and serves any sentence of imprisonment forfeits all rights of employment from the date of his or her arrest or the date on which his or her employment terminated, whichever is later.

 


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ê2011 Statutes of Nevada, Page 226 (Chapter 51, AB 57)ê

 

     7.  A licensed employee who is charged with a felony or a crime involving immorality or moral turpitude and who waives his or her right to a speedy trial while suspended may receive no more than 12 months of back pay and seniority upon reinstatement if the employee is found not guilty or the charges are dismissed, unless proceedings have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.312.

     8.  A superintendent may discipline a licensed employee by suspending the employee with loss of pay at any time after a hearing has been held which affords the due process provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.312. An employee may be suspended more than once during the employee’s contract year, but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer.

     Sec. 7.  NRS 179D.150 is hereby repealed.

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

________

CHAPTER 52, AB 102

Assembly Bill No. 102–Assemblywoman Carlton

 

CHAPTER 52

 

[Approved: May 18, 2011]

 

AN ACT relating to professional licenses; revising the requirements for licensure as a professional engineer or professional land surveyor for certain applicants; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Before July 1, 2010, state law authorized a person to obtain a license from the State Board of Professional Engineers and Land Surveyors to practice as a professional engineer or professional land surveyor in this State if the person passed the requisite examination for licensure and: (1) met certain educational requirements by obtaining a 4-year degree; or (2) had a record of 10 or more years of active experience in his or her respective field of work. In 1999, the Legislature enacted legislation that, effective July 1, 2010, deleted the provisions which allowed an applicant for licensure to obtain a license in professional engineering or professional land surveying based on 10 or more years of active work experience in addition to passing the requisite examination. (Sections 5 and 7 of chapter 478, Statutes of Nevada 1999, pp. 2435, 2437) In 2005, the Legislature enacted legislation authorizing certain applicants for a professional engineering license to sit for the principles and practices portion of the examination for licensure after obtaining 6 years of active experience in engineering work. Such applicants were eligible for licensure if they obtained an additional 4 years of active work experience in engineering before July 1, 2010, in addition to meeting all other requirements for licensure. (Sections 3 and 4 of chapter 75, Statutes of Nevada 2005, pp. 206, 208) After the enactment of the legislation in 2005, and until July 1, 2010, applicants for licensure as a professional land surveyor were still required to obtain 10 years of active work experience before they were eligible to sit for the principles and practices portion of their respective examination.

 


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ê2011 Statutes of Nevada, Page 227 (Chapter 52, AB 102)ê

 

       Section 2 of this bill authorizes certain applicants for licensure as a professional engineer who received approval from the Board before July 1, 2010, to sit for the principles and practices portion of the professional engineering examination for licensure to obtain a license from the Board if the applicants, before August 1, 2014, pass the requisite examination for licensure. Applicants for licensure as a professional engineer must also complete their respective work experience requirement by obtaining a record of 10 or more years of active work experience in engineering before August 1, 2014. Section 3 of this bill authorizes the Board to waive educational requirements for certain applicants for licensure as a professional land surveyor who, before July 1, 2010, received approval from the Board to take the examination on the principles and practices of land surveying and who pass the examination before August 1, 2014.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  Chapter 625 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

     Sec. 2.  The Board may waive any requirement for education that is required for licensure as a professional engineer pursuant to subsection 3 of NRS 625.183 and may issue a license to practice professional engineering to a person who:

     1.  Before July 1, 2010, received approval from the Board to take the examination on the principles and practices of engineering pursuant to paragraph (b) of subsection 1 of NRS 625.193; and

     2.  Before August 1, 2014:

     (a) Passes the examination for licensure pursuant to NRS 625.193; and

     (b) Has a record of 10 years or more of active experience in engineering which is satisfactory to the Board and which indicates the person is competent to be placed in responsible charge of engineering work.

     Sec. 3.  The Board may waive any requirement for education that is required for licensure as a professional land surveyor pursuant to subsection 3 of NRS 625.270 and may issue a license to practice professional land surveying to a person who:

     1.  Before July 1, 2010, received approval from the Board to take the examination on the principles and practices of land surveying pursuant to paragraph (b) of subsection 1 of NRS 625.280; and

     2.  Before August 1, 2014, passes the examination for licensure pursuant to NRS 625.280.

     Sec. 4.  NRS 625.183 is hereby amended to read as follows:

     625.183  1.  A person who:

     (a) Is 21 years of age or older; and

     (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional engineer.

     2.  An applicant for licensure as a professional engineer must:

     (a) Be of good character and reputation; and

     (b) Pass the examination on the:

           (1) Fundamentals of engineering or receive a waiver of that requirement; and

 


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ê2011 Statutes of Nevada, Page 228 (Chapter 52, AB 102)ê

 

           (2) Principles and practices of engineering,

Ê pursuant to NRS 625.193.

     3.  [An] Except as otherwise provided in section 2 of this act, an applicant for licensure as a professional engineer is not qualified for licensure unless the applicant is a graduate of an engineering curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in engineering which is satisfactory to the Board and which indicates that the applicant is competent to be placed in responsible charge of engineering work. An applicant who is eligible to take the examination on the principles and practices of engineering pursuant to subsection 2 of NRS 625.193 may take the examination on the principles and practices of engineering before the applicant meets the active experience requirements for licensure set forth in this subsection.

     4.  To determine whether an applicant for licensure as a professional engineer has an adequate record of active experience pursuant to subsection 3:

     (a) Graduation from a college or university in a discipline of engineering with a master’s or doctoral degree is equivalent to 2 years of active experience, except that, in the aggregate, not more than 2 years of active experience may be satisfied by graduation from a college or university with such degrees, regardless of the number of degrees earned.

     (b) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional engineer who is licensed in the discipline in which the applicant is applying for licensure, unless that requirement is waived by the Board.

     (c) The execution, as a contractor, of work designed by a professional engineer, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in engineering.

     5.  A person who is not working in the field of engineering when applying for licensure is eligible for licensure as a professional engineer if the person complies with the requirements for licensure prescribed in this chapter.

     Sec. 5.  NRS 625.270 is hereby amended to read as follows:

     625.270  1.  A person who:

     (a) Is 21 years of age or older; and

     (b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States,

Ê may apply to the Board, in accordance with the provisions of this chapter and any regulations adopted by the Board, for licensure as a professional land surveyor.

     2.  An applicant for licensure as a professional land surveyor must:

     (a) Be of good character and reputation; and

     (b) Pass the examination on the:

           (1) Fundamentals of land surveying or receive a waiver of that requirement; and

           (2) Principles and practices of land surveying,

Ê pursuant to NRS 625.280.

     3.  [An] Except as otherwise provided in section 3 of this act, an applicant for licensure as a professional land surveyor may not take the examination on the principles and practices of land surveying, unless the applicant is a graduate of a land-surveying curriculum of 4 years or more that is approved by the Board and has a record of 4 years or more of active experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.

 


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ê2011 Statutes of Nevada, Page 229 (Chapter 52, AB 102)ê

 

experience in land surveying that is satisfactory to the Board and indicates that the applicant is competent to be placed in responsible charge of land-surveying work.

     4.  To determine whether an applicant for licensure as a professional land surveyor has an adequate record of active experience pursuant to subsection 3:

     (a) Two of the 4 years of active experience must have been completed by working under the direct supervision of a professional land surveyor, unless that requirement is waived by the Board.

     (b) The execution, as a contractor, of work designed by a professional land surveyor, or the supervision of the construction of that work as a foreman or superintendent, is not equivalent to active experience in land surveying.

     5.  A person who is not working in the field of land surveying when applying for licensure is eligible for licensure as a professional land surveyor if the person complies with the requirements for licensure prescribed in this chapter.

     Sec. 6.  This act becomes effective on July 1, 2011.

________

CHAPTER 53, AB 150

Assembly Bill No. 150–Assemblymen Bobzien, Atkinson, Conklin, Oceguera, Smith; Benitez-Thompson, Bustamante Adams, Frierson, Hickey, Kirkpatrick, Kirner, Mastroluca and Pierce

 

Joint Sponsors: Senators Horsford, Schneider and Leslie

 

CHAPTER 53

 

[Approved: May 18, 2011]

 

AN ACT relating to energy; revising the definition of “energy efficiency measure” for the purposes of the portfolio standard for providers of electric service; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law requires the Public Utilities Commission of Nevada to establish a portfolio standard for each provider of electric service in this State. The portfolio standard must require each provider to generate, acquire or save from renewable energy systems or energy efficiency measures a certain percentage of the total amount of electricity sold by the provider to its retail customers. For calendar years 2011 and 2012, each provider is required to generate, acquire or save from renewable energy systems or energy efficiency measures not less than 15 percent of the total amount of electricity sold by the provider to retail customers in this State. (NRS 704.7821) Under existing law, an energy efficiency measure which qualifies for the portfolio standard must be installed at the service location of a retail customer. (NRS 704.7802) This bill revises the definition of “energy efficiency measure” for the purposes of the portfolio standard to include any measure designed, intended or used to improve energy efficiency: (1) that is installed or implemented on or after January 1, 2005 at the service location of or for a retail customer; (2) that reduces the consumption of energy by one or more retail customers; and (3) the costs of the acquisition, installation or implementation of which are directly reimbursed, in whole or in part, by the provider of electric service.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 704.7802 is hereby amended to read as follows:

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

     (a) If:

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

           (2) The measure reduces the consumption of energy by [the retail customer;] one or more retail customers; and

           (3) The costs of the acquisition , [or] installation or implementation of the measure are directly reimbursed, in whole or in part, by the provider of electric service, or by a customer of a provider of new electric resources pursuant to chapter 704B of NRS; or

     (b) Which is a geothermal energy system for the provision of heated water to one or more customers and which reduces the consumption of electricity or any fossil fuel, regardless of when constructed.

     2.  The term does not include any demand response measure or load limiting measure that shifts the consumption of energy by a retail customer from one period to another period.

________

CHAPTER 54, AB 181

Assembly Bill No. 181–Assemblymen Horne, Dondero Loop, Anderson, Carrillo; Aizley, Brooks, Goicoechea, Hansen, Hogan, Mastroluca, Munford, Neal, Segerblom and Smith

 

Joint Sponsors: Senators Breeden and Lee

 

CHAPTER 54

 

[Approved: May 18, 2011]

 

AN ACT relating to sexually dangerous persons; revising the duties of the Advisory Commission on the Administration of Justice to include evaluation of the policies and practices relating to the involuntary civil commitment of sexually dangerous persons; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Federal law authorizes a federal district court to order the civil commitment of a person found to be mentally ill and a danger sexually to the public. (18 U.S.C. § 4248) Additionally, the United States Supreme Court recently upheld a federal law authorizing the civil commitment of sexually dangerous persons. (United States v. Comstock, 130 S. Ct. 1949 (2010))

       Existing law establishes the Advisory Commission on the Administration of Justice and directs the Commission to study the elements of this State’s criminal justice system, among other things. (NRS 176.0123, 176.0125) This bill requires the Commission to evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

 


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ê2011 Statutes of Nevada, Page 231 (Chapter 54, AB 181)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Sections 1-54.  (Deleted by amendment.)

     Sec. 55.  NRS 176.0125 is hereby amended to read as follows:

     176.0125  The Commission shall:

     1.  Identify and study the elements of this State’s system of criminal justice which affect the sentences imposed for felonies and gross misdemeanors.

     2.  Evaluate the effectiveness and fiscal impact of various policies and practices regarding sentencing which are employed in this State and other states, including, but not limited to, the use of plea bargaining, probation, programs of intensive supervision, programs of regimental discipline, imprisonment, sentencing recommendations, mandatory and minimum sentencing, mandatory sentencing for crimes involving the possession, manufacture and distribution of controlled substances, structured or tiered sentencing, enhanced penalties for habitual criminals, parole, credits against sentences, residential confinement and alternatives to incarceration.

     3.  Recommend changes in the structure of sentencing in this State which, to the extent practicable and with consideration for their fiscal impact, incorporate general objectives and goals for sentencing, including, but not limited to, the following:

     (a) Offenders must receive sentences that increase in direct proportion to the severity of their crimes and their histories of criminality.

     (b) Offenders who have extensive histories of criminality or who have exhibited a propensity to commit crimes of a predatory or violent nature must receive sentences which reflect the need to ensure the safety and protection of the public and which allow for the imprisonment for life of such offenders.

     (c) Offenders who have committed offenses that do not include acts of violence and who have limited histories of criminality must receive sentences which reflect the need to conserve scarce economic resources through the use of various alternatives to traditional forms of incarceration.

     (d) Offenders with similar histories of criminality who are convicted of similar crimes must receive sentences that are generally similar.

     (e) Offenders sentenced to imprisonment must receive sentences which do not confuse or mislead the public as to the actual time those offenders must serve while incarcerated or before being released from confinement or supervision.

     (f) Offenders must not receive disparate sentences based upon factors such as race, gender or economic status.

     (g) Offenders must receive sentences which are based upon the specific circumstances and facts of their offenses, including the nature of the offense and any aggravating factors, the savagery of the offense, as evidenced by the extent of any injury to the victim, and the degree of criminal sophistication demonstrated by the offender’s acts before, during and after commission of the offense.

 


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ê2011 Statutes of Nevada, Page 232 (Chapter 54, AB 181)ê

 

     4.  Evaluate the effectiveness and efficiency of the Department of Corrections and the State Board of Parole Commissioners with consideration as to whether it is feasible and advisable to establish an oversight or advisory board to perform various functions and make recommendations concerning:

     (a) Policies relating to parole;

     (b) Regulatory procedures and policies of the State Board of Parole Commissioners;

     (c) Policies for the operation of the Department of Corrections;

     (d) Budgetary issues; and

     (e) Other related matters.

     5.  Evaluate the effectiveness of specialty court programs in this State with consideration as to whether such programs have the effect of limiting or precluding reentry of offenders and parolees into the community.

     6.  Evaluate the policies and practices concerning presentence investigations and reports made by the Division of Parole and Probation of the Department of Public Safety, including, without limitation, the resources relied on in preparing such investigations and reports and the extent to which judges in this State rely on and follow the recommendations contained in such presentence investigations and reports.

     7.  Evaluate, review and comment upon issues relating to juvenile justice in this State, including, but not limited to:

     (a) The need for the establishment and implementation of evidence-based programs and a continuum of sanctions for children who are subject to the jurisdiction of the juvenile court; and

     (b) The impact on the criminal justice system of the policies and programs of the juvenile justice system.

     8.  Compile and develop statistical information concerning sentencing in this State.

     9.  Identify and study issues relating to the application of chapter 241 of NRS to meetings held by the:

     (a) State Board of Pardons Commissioners to consider an application for clemency; and

     (b) State Board of Parole Commissioners to consider an offender for parole.

     10.  Identify and study issues relating to the operation of the Department of Corrections, including, without limitation, the system for allowing credits against the sentences of offenders, the accounting of such credits and any other policies and procedures of the Department which pertain to the operation of the Department.

     11.  Evaluate the policies and practices relating to the involuntary civil commitment of sexually dangerous persons.

     12.  For each regular session of the Legislature, prepare a comprehensive report including the Commission’s recommended changes pertaining to the administration of justice in this State, the Commission’s findings and any recommendations of the Commission for proposed legislation. The report must be submitted to the Director of the Legislative Counsel Bureau for distribution to the Legislature not later than September 1 of each even-numbered year.

________

 


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ê2011 Statutes of Nevada, Page 233ê

 

CHAPTER 55, AB 194

Assembly Bill No. 194–Assemblymen Ohrenschall and Dondero Loop

 

CHAPTER 55

 

[Approved: May 18, 2011]

 

AN ACT relating to courts; clarifying that a person with a communications disability who participates in a civil judicial proceeding must not be required to pay for interpretive services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Federal law requires a “public entity” to “furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.” (28 C.F.R. § 35.160(b)(1)) Federal law additionally prohibits a public entity from placing a surcharge on an individual with a disability to cover the costs of measures such as the provision of auxiliary aids or program accessibility. (28 C.F.R. § 35.130(f)) For the purposes of such provisions, federal law defines the phrase “auxiliary aids and services” to include qualified interpreters and defines the phrase “public entity” to include any department, agency or other instrumentality of a state or local government. (28 C.F.R. § 35.104) This bill amends state law to make it consistent with federal law by removing from state law an ambiguity that could have been construed to require persons with disabilities to pay for their own interpretive services in civil judicial proceedings.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 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 the person 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 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 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.

     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.

 


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ê2011 Statutes of Nevada, Page 234 (Chapter 55, AB 194)ê

 

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.] , except that the person with a communications disability for whose benefit the interpreter is appointed must not be taxed, charged a fee or otherwise required to pay any portion of the compensation of the interpreter.

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

________

CHAPTER 56, AB 226

Assembly Bill No. 226–Assemblymen Frierson, Brooks, Carrillo, Segerblom; and Pierce

 

CHAPTER 56

 

[Approved: May 18, 2011]

 

AN ACT relating to property; revising various provisions governing landlords and tenants; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law generally authorizes a landlord to have a tenant removed from rental property if the tenant defaults on rental payments and continues to occupy the property. (NRS 40.253) Section 1 of this bill requires a landlord to advise a tenant of certain information in a notice before applying for a court order to evict the tenant.

       Additionally, existing law provides tenants with certain remedies if a landlord is required to provide certain essential services and fails to do so, or if the landlord commits certain other acts that interfere with the tenant’s use of the rental property. (NRS 118A.380, 118A.390) Section 6 of this bill includes a functioning door lock among essential items or services that a landlord must provide a tenant. Section 7 of this bill authorizes a tenant to recover immediate possession of rental property if a landlord takes possession of the property in violation of NRS 118A.480, which prohibits a landlord from taking possession of the property unless the landlord pursues an available legal remedy or the tenant surrenders possession of or abandons the property.

 


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ê2011 Statutes of Nevada, Page 235 (Chapter 56, AB 226)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 40.253 is hereby amended to read as follows:

     40.253  1.  Except as otherwise provided in subsection 10, in addition to the remedy provided in NRS 40.2512 and 40.290 to 40.420, inclusive, when the tenant of any dwelling, apartment, mobile home, recreational vehicle or commercial premises with periodic rent reserved by the month or any shorter period is in default in payment of the rent, the landlord or the landlord’s agent, unless otherwise agreed in writing, may serve or have served a notice in writing, requiring in the alternative the payment of the rent or the surrender of the premises:

     (a) At or before noon of the fifth full day following the day of service; or

     (b) If the landlord chooses not to proceed in the manner set forth in paragraph (a) and the rent is reserved by a period of 1 week or less and the tenancy has not continued for more than 45 days, at or before noon of the fourth full day following the day of service.

Ê As used in this subsection, “day of service” means the day the landlord or the landlord’s agent personally delivers the notice to the tenant. If personal service was not so delivered, the “day of service” means the day the notice is delivered, after posting and mailing pursuant to subsection 2, to the sheriff or constable for service if the request for service is made before noon. If the request for service by the sheriff or constable is made after noon, the “day of service” shall be deemed to be the day next following the day that the request is made for service by the sheriff or constable.

     2.  A landlord or the landlord’s agent who serves a notice to a tenant pursuant to paragraph (b) of subsection 1 shall attempt to deliver the notice in person in the manner set forth in paragraph (a) of subsection 1 of NRS 40.280. If the notice cannot be delivered in person, the landlord or the landlord’s agent:

     (a) Shall post a copy of the notice in a conspicuous place on the premises and mail the notice by overnight mail; and

     (b) After the notice has been posted and mailed, may deliver the notice to the sheriff or constable for service in the manner set forth in subsection 1 of NRS 40.280. The sheriff or constable shall not accept the notice for service unless it is accompanied by written evidence, signed by the tenant when the tenant took possession of the premises, that the landlord or the landlord’s agent informed the tenant of the provisions of this section which set forth the lawful procedures for eviction from a short-term tenancy. Upon acceptance, the sheriff or constable shall serve the notice within 48 hours after the request for service was made by the landlord or the landlord’s agent.

     3.  A notice served pursuant to subsection 1 or 2 must:

     (a) Identify the court that has jurisdiction over the matter; and

     (b) Advise the tenant [of] :

          (1) Of the tenant’s right to contest the matter by filing, within the time specified in subsection 1 for the payment of the rent or surrender of the premises, an affidavit with the court that has jurisdiction over the matter stating that the tenant has tendered payment or is not in default in the payment of the rent [.] ;

 


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           (2) That if the court determines that the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant, directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order; and

           (3) That, pursuant to NRS 118A.390, a tenant may seek relief if a landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises or willfully interrupts or causes or permits the interruption of an essential service required by the rental agreement or chapter 118A of NRS.

     4.  If the tenant files such an affidavit at or before the time stated in the notice, the landlord or the landlord’s agent, after receipt of a file-stamped copy of the affidavit which was filed, shall not provide for the nonadmittance of the tenant to the premises by locking or otherwise.

     5.  Upon noncompliance with the notice:

     (a) The landlord or the landlord’s agent may apply by affidavit of complaint for eviction to the justice court of the township in which the dwelling, apartment, mobile home or commercial premises are located or to the district court of the county in which the dwelling, apartment, mobile home or commercial premises are located, whichever has jurisdiction over the matter. The court may thereupon issue an order directing the sheriff or constable of the county to remove the tenant within 24 hours after receipt of the order. The affidavit must state or contain:

           (1) The date the tenancy commenced.

           (2) The amount of periodic rent reserved.

           (3) The amounts of any cleaning, security or rent deposits paid in advance, in excess of the first month’s rent, by the tenant.

           (4) The date the rental payments became delinquent.

           (5) The length of time the tenant has remained in possession without paying rent.

           (6) The amount of rent claimed due and delinquent.

           (7) A statement that the written notice was served on the tenant in accordance with NRS 40.280.

           (8) A copy of the written notice served on the tenant.

           (9) A copy of the signed written rental agreement, if any.

     (b) Except when the tenant has timely filed the affidavit described in subsection 3 and a file-stamped copy of it has been received by the landlord or the landlord’s agent, and except when the landlord is prohibited pursuant to NRS 118A.480, the landlord or the landlord’s agent may, in a peaceable manner, provide for the nonadmittance of the tenant to the premises by locking or otherwise.

     6.  Upon the filing by the tenant of the affidavit permitted in subsection 3, regardless of the information contained in the affidavit, and the filing by the landlord of the affidavit permitted by subsection 5, the justice court or the district court shall hold a hearing, after service of notice of the hearing upon the parties, to determine the truthfulness and sufficiency of any affidavit or notice provided for in this section. If the court determines that there is no legal defense as to the alleged unlawful detainer and the tenant is guilty of an unlawful detainer, the court may issue a summary order for removal of the tenant or an order providing for the nonadmittance of the tenant. If the court determines that there is a legal defense as to the alleged unlawful detainer, the court shall refuse to grant either party any relief, and, except as otherwise provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive.

 


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provided in this subsection, shall require that any further proceedings be conducted pursuant to NRS 40.290 to 40.420, inclusive. The issuance of a summary order for removal of the tenant does not preclude an action by the tenant for any damages or other relief to which the tenant may be entitled. If the alleged unlawful detainer was based upon subsection 5 of NRS 40.2514, the refusal by the court to grant relief does not preclude the landlord thereafter from pursuing an action for unlawful detainer in accordance with NRS 40.251.

     7.  The tenant may, upon payment of the appropriate fees relating to the filing and service of a motion, file a motion with the court, on a form provided by the clerk of the court, to dispute the amount of the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 for the inventory, moving and storage of personal property left on the premises. The motion must be filed within 20 days after the summary order for removal of the tenant or the abandonment of the premises by the tenant, or within 20 days after:

     (a) The tenant has vacated or been removed from the premises; and

     (b) A copy of those charges has been requested by or provided to the tenant,

Ê whichever is later.

     8.  Upon the filing of a motion pursuant to subsection 7, the court shall schedule a hearing on the motion. The hearing must be held within 10 days after the filing of the motion. The court shall affix the date of the hearing to the motion and order a copy served upon the landlord by the sheriff, constable or other process server. At the hearing, the court may:

     (a) Determine the costs, if any, claimed by the landlord pursuant to NRS 118.207 or 118A.460 and any accumulating daily costs; and

     (b) Order the release of the tenant’s property upon the payment of the charges determined to be due or if no charges are determined to be due.

     9.  A landlord shall not refuse to accept rent from a tenant that is submitted after the landlord or the landlord’s agent has served or had served a notice pursuant to subsection 1 if the refusal is based on the fact that the tenant has not paid collection fees, attorney’s fees or other costs other than rent, a reasonable charge for late payments of rent or dishonored checks, or a security. As used in this subsection, “security” has the meaning ascribed to it in NRS 118A.240.

     10.  This section does not apply to the tenant of a mobile home lot in a mobile home park or to the tenant of a recreational vehicle lot in an area of a mobile home park in this State other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 6 of NRS 40.215.

     Secs. 2-5.  (Deleted by amendment.)

     Sec. 6.  NRS 118A.380 is hereby amended to read as follows:

     118A.380  1.  If the landlord is required by the rental agreement or this chapter to supply heat, air-conditioning, running water, hot water, electricity, gas, a functioning door lock or another essential item or service and the landlord willfully or negligently fails to do so, causing the premises to become unfit for habitation, the tenant shall give written notice to the landlord specifying the breach. If the landlord does not adequately remedy the breach, or use his or her best efforts to remedy the breach within 48 hours, except a Saturday, Sunday or legal holiday, after it is received by the landlord, the tenant may, in addition to any other remedy:

 


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ê2011 Statutes of Nevada, Page 238 (Chapter 56, AB 226)ê

 

     (a) Procure reasonable amounts of such essential items or services during the landlord’s noncompliance and deduct their actual and reasonable cost from the rent;

     (b) Recover actual damages, including damages based upon the lack of use of the premises or the diminution of the fair rental value of the dwelling unit;

     (c) Withhold any rent that becomes due during the landlord’s noncompliance without incurring late fees, charges for notice or any other charge or fee authorized by this chapter or the rental agreement, until the landlord has attempted in good faith to restore the essential items or services; or

     (d) Procure other housing which is comparable during the landlord’s noncompliance, and the rent for the original premises fully abates during this period. The tenant may recover the actual and reasonable cost of that other housing which is in excess of the amount of rent which is abated.

     2.  If the tenant proceeds under this section, the tenant may not proceed under NRS 118A.350 and 118A.360 as to that breach.

     3.  The rights of the tenant under this section do not arise until the tenant has given written notice as required by subsection 1, except that the tenant may, without having given that notice:

     (a) Recover damages as authorized under paragraph (b) of subsection 1 if the landlord:

           (1) Admits to the court that the landlord had knowledge of the lack of such essential items or services; or

           (2) Has received written notice of the uninhabitable condition caused by such a lack from a governmental agency authorized to inspect for violations of building, housing or health codes.

     (b) Withhold rent under paragraph (c) of subsection 1 if the landlord:

           (1) Has received written notice of the condition constituting the breach from a governmental agency authorized to inspect for violations of building, housing or health codes; and

           (2) Fails to remedy or attempt in good faith to remedy the breach within the time prescribed in the written notice of that condition from the governmental agency.

     4.  The rights of the tenant under paragraph (c) of subsection 1 do not arise unless the tenant is current in the payment of rent at the time of giving written notice pursuant to subsection 1.

     5.  If such a condition was caused by the deliberate or negligent act or omission of the tenant, a member of his or her household or other person on the premises with his or her consent, the tenant has no rights under this section.

     Sec. 7.  NRS 118A.390 is hereby amended to read as follows:

     118A.390  1.  If the landlord unlawfully removes the tenant from the premises or excludes the tenant by blocking or attempting to block the tenant’s entry upon the premises , [or] willfully interrupts or causes or permits the interruption of any essential item or service required by the rental agreement or this chapter [,] or otherwise recovers possession of the dwelling unit in violation of NRS 118A.480, the tenant may recover immediate possession pursuant to subsection 4, proceed under NRS 118A.380 or terminate the rental agreement and, in addition to any other remedy, recover the tenant’s actual damages, receive an amount not greater than [$1,000] $2,500 to be fixed by the court, or both.

     2.  In determining the amount, if any, to be awarded under subsection 1, the court shall consider:

 


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ê2011 Statutes of Nevada, Page 239 (Chapter 56, AB 226)ê

 

     (a) Whether the landlord acted in good faith;

     (b) The course of conduct between the landlord and the tenant; and

     (c) The degree of harm to the tenant caused by the landlord’s conduct.

     3.  If the rental agreement is terminated pursuant to subsection 1, the landlord shall return all prepaid rent and security recoverable under this chapter.

     4.  Except as otherwise provided in subsection 5, the tenant may recover immediate possession of the premises from the landlord by filing a verified complaint for expedited relief for the unlawful removal or exclusion of the tenant from the premises , [or] the willful interruption of any essential [services.] item or service or the recovery of possession of the dwelling unit in violation of NRS 118A.480.

     5.  A verified complaint for expedited relief:

     (a) Must be filed with the court within 5 judicial days after the date of the unlawful act by the landlord, and the verified complaint must be dismissed if it is not timely filed. If the verified complaint for expedited relief is dismissed pursuant to this paragraph, the tenant retains the right to pursue all other available remedies against the landlord.

     (b) May not be filed with the court if an action for summary eviction or unlawful detainer is already pending between the landlord and tenant, but the tenant may seek similar relief before the judge presiding over the pending action.

     6.  The court shall conduct a hearing on the verified complaint for expedited relief [within] not later than 3 judicial days after the filing of the verified complaint for expedited relief. Before or at the scheduled hearing, the tenant must provide proof that the landlord has been properly served with a copy of the verified complaint for expedited relief. Upon the hearing, if it is determined that the landlord has violated any of the provisions of subsection 1, the court may:

     (a) Order the landlord to restore to the tenant the premises or essential items or services, or both;

     (b) Award damages pursuant to subsection 1; and

     (c) Enjoin the landlord from violating the provisions of subsection 1 and, if the circumstances so warrant, hold the landlord in contempt of court.

     7.  The payment of all costs and official fees must be deferred for any tenant who files a verified complaint for expedited relief. After any hearing and not later than final disposition of the filing or order, the court shall assess the costs and fees against the party that does not prevail, except that the court may reduce them or waive them, as justice may require.

     Sec. 8.  NRS 118A.480 is hereby amended to read as follows:

     118A.480  The landlord shall not recover or take possession of the dwelling unit by action or otherwise, including willful diminution or interruption or causing or permitting the diminution or interruption of any essential item or service required by the rental agreement or this chapter, except:

     1.  By an action for possession or other civil action or summary proceeding in which the issue of right of possession is determined;

     2.  When the tenant has surrendered possession of the dwelling unit to the landlord; or

     3.  When the tenant has abandoned the dwelling unit as provided in NRS 118A.450.

 


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     Sec. 9.  NRS 118A.510 is hereby amended to read as follows:

     118A.510  1.  Except as otherwise provided in subsection 3, the landlord may not, in retaliation, terminate a tenancy, refuse to renew a tenancy, increase rent or decrease essential items or services required by the rental agreement or this chapter, or bring or threaten to bring an action for possession if:

     (a) The tenant has complained in good faith of a violation of a building, housing or health code applicable to the premises and affecting health or safety to a governmental agency charged with the responsibility for the enforcement of that code;

     (b) The tenant has complained in good faith to the landlord or a law enforcement agency of a violation of this chapter or of a specific statute that imposes a criminal penalty;

     (c) The tenant has organized or become a member of a tenant’s union or similar organization;

     (d) A citation has been issued resulting from a complaint described in paragraph (a);

     (e) The tenant has instituted or defended against a judicial or administrative proceeding or arbitration in which the tenant raised an issue of compliance with the requirements of this chapter respecting the habitability of dwelling units;

     (f) The tenant has failed or refused to give written consent to a regulation adopted by the landlord, after the tenant enters into the rental agreement, which requires the landlord to wait until the appropriate time has elapsed before it is enforceable against the tenant; or

     (g) The tenant has complained in good faith to the landlord, a government agency, an attorney, a fair housing agency or any other appropriate body of a violation of NRS 118.010 to 118.120, inclusive, or the Fair Housing Act of 1968, 42 U.S.C. §§ 3601 et seq., or has otherwise exercised rights which are guaranteed or protected under those laws.

     2.  If the landlord violates any provision of subsection 1, the tenant is entitled to the remedies provided in NRS 118A.390 and has a defense in any retaliatory action by the landlord for possession.

     3.  A landlord who acts under the circumstances described in subsection 1 does not violate that subsection if:

     (a) The violation of the applicable building, housing or health code of which the tenant complained was caused primarily by the lack of reasonable care by the tenant, a member of his or her household or other person on the premises with his or her consent;

     (b) The tenancy is terminated with cause;

     (c) A citation has been issued and compliance with the applicable building, housing or health code requires alteration, remodeling or demolition and cannot be accomplished unless the tenant’s dwelling unit is vacant; or

     (d) The increase in rent applies in a uniform manner to all tenants.

Ê The maintenance of an action under this subsection does not prevent the tenant from seeking damages or injunctive relief for the landlord’s failure to comply with the rental agreement or maintain the dwelling unit in a habitable condition as required by this chapter.

________

 


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CHAPTER 57, AB 350

Assembly Bill No. 350–Assemblywoman Mastroluca

 

CHAPTER 57

 

[Approved: May 18, 2011]

 

AN ACT relating to protection of children; requiring a court that orders a child to be placed with someone other than a parent to retain jurisdiction over the child after the child reaches the age of 18 years in certain circumstances; requiring an agency which provides child welfare services to continue to provide services and monetary payments to such a child while the child remains under the jurisdiction of the court; requiring the agency which provides child welfare services and such a child to enter into a written agreement; requiring the agency which provides child welfare services to develop a plan for such a child to assist the child in transitioning to independent living; revising various provisions relating to a child placed with someone other than a parent to clarify the application of those provisions to persons who remain in foster care beyond the age of 18 years; revising provisions governing the placement of children who are taken into protective custody or placed with someone other than a parent; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law gives a juvenile court exclusive jurisdiction over proceedings concerning a child in need of protection in this State, except if the child is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act. (NRS 432B.410) The juvenile court may take actions to protect a child from abuse and neglect, including ordering a child to be placed into the custody of a person or entity other than a parent. (NRS 432B.550) Section 18 of this bill requires the juvenile court that has jurisdiction over a child who was placed with a person other than a parent to continue to retain jurisdiction over the child when the child reaches the age of 18 years if the child so requests. Section 18 provides that jurisdiction over the child will terminate when the child reaches 21 years of age unless certain conditions occur first.

       Section 16 of this bill requires the juvenile court to refer a child to an attorney when the child is 17 years of age if the court determines that the child is not likely to be returned to the custody of a parent before reaching 18 years of age. Section 16 requires the juvenile court to request that the attorney assist the child in deciding whether to remain under the jurisdiction of the court. Section 17 of this bill requires the agency which provides child welfare services to meet with the child at least 120 days before the child reaches 18 years of age to determine whether the child intends to remain under the jurisdiction of the court. However, the child is allowed to change his or her mind any time before reaching 18 years of age. In addition, section 18 requires the child and the agency which provides child welfare services to enter into a written agreement which must be filed with the juvenile court that includes provisions stating some of the conditions and consequences of the child remaining under the jurisdiction of the juvenile court. Section 18 further requires the agency which provides child welfare services to continue to provide services and monetary payments to the child while the child remains under the jurisdiction of the court. Section 18 also establishes a procedure for resolving issues involving a child who remains under the jurisdiction of the court. The agency which provides child welfare services and the child are required to attempt to resolve any issue before taking the issue to court. If the agency which provides child welfare services wishes to have jurisdiction over the child terminated, section 18 requires the agency to provide notice to the child and an opportunity for the child to have an informal administrative review.

 


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review. If the agency and the child are unable to reach an agreement, section 18 authorizes the child or the attorney of the child to request a hearing before the court. If the child and the attorney of the child agree to have jurisdiction terminated or do not request an administrative review, the agency which provides child welfare services must notify the court, and jurisdiction over the child will be terminated.

       Section 19 of this bill requires the agency which provides child welfare services to develop a written plan to assist a child who remains under the jurisdiction of the juvenile court in transitioning to independent living and provides other duties of the agency which provides child welfare services with respect to a child who remains under the jurisdiction of the juvenile court. Section 19 also requires the agency which provides child welfare services to conduct an exit interview with such a child before the jurisdiction of the court is terminated to determine whether the child requires any additional services. Section 20 of this bill revises the definition of “child” in existing law to clarify that a child who remains under the jurisdiction of the juvenile court after reaching 18 years of age is not included within that term for purposes of certain other provisions relating to the protection of children. Section 21 of this bill similarly revises the definition of “custodian” in existing law to provide that the term does not include a custodian of such a child for purposes of certain other provisions relating to the protection of children.

       Section 22 of this bill establishes the order of priority in which to place a child who is taken into protective custody and allows the child to be placed with certain persons who are not related to the child but with whom the child has developed a significant emotional and positive relationship. Section 25 of this bill establishes the order of preference when placing a child with someone other than with a parent.

       Sections 1-13 and 23 of this bill make various changes so that the provisions of NRS relating to a child who is in foster care are consistent and apply to a person who remains in foster care under the jurisdiction of a court after attaining 18 years of age in the same manner as a child in foster care who is less than 18 years of age.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

     Section 1.  NRS 424.013 is hereby amended to read as follows:

     424.013  “Family foster home” means a family home in which one to six children who are under 18 years of age or who remain under the jurisdiction of a court pursuant to section 18 of this act and who are not related within the first degree of consanguinity or affinity to the person or persons maintaining the home are received, cared for and maintained, for compensation or otherwise, including the provision of permanent free care. The term includes a family home in which such a child is received, cared for and maintained pending completion of proceedings for the adoption of the child by the person or persons maintaining the home.

     Sec. 2.  NRS 424.015 is hereby amended to read as follows:

     424.015  “Group foster home” means a natural person, partnership, firm, corporation or association who provides full-time care for 7 to 15 children who are:

     1.  Under 18 years of age [;] or who remain under the jurisdiction of a court pursuant to section 18 of this act;

     2.  Not related within the first degree of consanguinity or affinity to any natural person maintaining or operating the home; and

     3.  Received, cared for and maintained for compensation or otherwise, including the provision of permanent free care.

 


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     Sec. 3.  NRS 424.031 is hereby amended to read as follows:

     424.031  1.  The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

     2.  The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

     Sec. 4.  NRS 424.033 is hereby amended to read as follows:

     424.033  1.  Each applicant for a license to conduct a foster home, prospective employee of that applicant or of a person who is licensed to conduct a foster home, or resident of a foster home who is 18 years of age or older , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, must submit to the licensing authority or its approved designee:

     (a) A complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report to enable the licensing authority or its approved designee to conduct an investigation pursuant to NRS 424.031; and

     (b) Written permission to conduct a child abuse and neglect screening.

     2.  For each person who submits the documentation required pursuant to subsection 1, the licensing authority or its approved designee shall conduct a child abuse and neglect screening of the person in every state in which the person has resided during the immediately preceding 5 years.

     3.  The licensing authority or its approved designee may exchange with the Central Repository or the Federal Bureau of Investigation any information respecting the fingerprints submitted.

     4.  The Division shall assist the licensing authority of another state that is conducting a child abuse and neglect screening of a person who has resided in this State by providing information which is necessary to conduct the screening if the person who is the subject of the screening has signed a written permission authorizing the licensing authority to conduct a child abuse and neglect screening. The Division may charge a fee for providing such information in an amount which does not exceed the actual cost to the Division to provide the information.

     5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, it shall immediately forward a copy of the report to the licensing authority or its approved designee.

     Sec. 5.  NRS 424.039 is hereby amended to read as follows:

     424.039  1.  A licensing authority or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a foster home in which the licensing authority wishes to place a child in an emergency situation , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

 


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than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

     2.  Upon request of a licensing authority that wishes to place a child in a foster home in an emergency situation, or upon request of the approved designee of the licensing authority, a resident who is 18 years of age or older of the foster home in which the licensing authority wishes to place the child , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, must submit to the licensing authority or its approved designee a complete set of fingerprints and written permission authorizing the licensing authority or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The licensing authority or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

     3.  If a resident who is 18 years of age or older of a foster home in which a licensing authority places a child in an emergency situation , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, refuses to provide a complete set of fingerprints to the licensing authority or its approved designee upon request pursuant to subsection 2, the licensing authority must immediately remove the child from the foster home.

     Sec. 6.  NRS 432.010 is hereby amended to read as follows:

     432.010  As used in this chapter, except as otherwise defined by specific statute or unless the context otherwise requires:

     1.  “Administrator” means the Administrator of the Division.

     2.  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

     3.  “Child” means a person who is less than 18 years of age or [, if in school, until graduation from high school.] who remains under the jurisdiction of a court pursuant to section 18 of this act.

     4.  “Department” means the Department of Health and Human Services.

     5.  “Director” means the Director of the Department.

     6.  “Division” means the Division of Child and Family Services of the Department.

     7.  “Maintenance” means general expenses for care such as board, shelter, clothing, transportation and other necessary or incidental expenses, or any of them, or monetary payments therefor.

     8.  “Special services” means medical, hospital, psychiatric, surgical or dental services, or any combination thereof.

     Sec. 7.  NRS 432A.0245 is hereby amended to read as follows:

     432A.0245  1.  “Child care institution” means a facility which provides care and shelter during the day and night and provides developmental guidance to 16 or more children who do not routinely return to the homes of their parents or guardians. Such an institution may also provide, without limitation:

     [1.] (a) Education to the children according to a curriculum approved by the Department of Education;

     [2.] (b) Services to children who have been diagnosed as severely emotionally disturbed as defined in NRS 433B.045, including, without limitation, services relating to mental health and education; or

 


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     [3.] (c) Emergency shelter to children who have been placed in protective custody pursuant to chapter 432B of NRS.

     2.  As used in this section, “child” includes a person who is less than 18 years of age or who remains under the jurisdiction of a court pursuant to section 18 of this act.

     Sec. 8.  NRS 432A.160 is hereby amended to read as follows:

     432A.160  1.  Except as otherwise provided in this section, the Bureau may issue a provisional license, effective for a period not exceeding 1 year, to a child care facility which:

     (a) Is in operation at the time of adoption of standards and other regulations pursuant to the provisions of this chapter, if the Bureau determines that the facility requires a reasonable time under the particular circumstances, not to exceed 1 year from the date of the adoption, within which to comply with the standards and other regulations;

     (b) Has failed to comply with the standards and other regulations, if the Bureau determines that the facility is in the process of making the necessary changes or has agreed to effect the changes within a reasonable time; or

     (c) Is in the process of applying for a license, if the Bureau determines that the facility requires a reasonable time within which to comply with the standards and other regulations.

     2.  The provisions of subsection 1 do not require the issuance of a license or prevent the Bureau from refusing to renew or from revoking or suspending any license in any instance where the Bureau considers that action necessary for the health and safety of the occupants of any facility or the clients of any outdoor youth program.

     3.  A provisional license must not be issued pursuant to this section unless the Bureau has completed an investigation into the qualifications and background of the applicant and the employees of the applicant pursuant to NRS 432A.170 to ensure that the applicant and each employee of the applicant, or every resident of the child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in any outdoor youth program who is 18 years of age or older, has not been convicted of a crime listed in subsection 2 of NRS 432A.170 and has not had a substantiated report of child abuse or neglect made against him or her.

     Sec. 9.  NRS 432A.170 is hereby amended to read as follows:

     432A.170  1.  The Bureau may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

     (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

     (b) Qualifications and background of the applicant or the employees of the applicant;

     (c) Method of operation for the facility; and

     (d) Policies and purposes of the applicant.

     2.  The Bureau shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

 


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     (a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

     (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

     (g) Abuse, neglect, exploitation or isolation of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

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

     3.  The Bureau shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older, from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

     4.  The Bureau may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

     5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

     (a) Employee of an applicant or licensee, resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 6 years thereafter.

     (b) Applicant at the time that an application is submitted for licensure, and then at least once every 6 years after the license is issued.

     Sec. 10.  NRS 432A.175 is hereby amended to read as follows:

     432A.175  1.  Every applicant for a license to operate a child care facility, licensee and employee of such an applicant or licensee, and every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Bureau, or to the person or agency designated by the Bureau, to enable the Bureau to conduct an investigation pursuant to NRS 432A.170, a:

     (a) Complete set of fingerprints and a written authorization for the Bureau or its designee 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;

 


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     (b) Written statement detailing any prior criminal convictions; and

     (c) Written authorization for the Bureau to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

     2.  If an employee of an applicant for a license to operate a child care facility or licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect filed against him or her, the Bureau shall immediately notify the applicant or licensee, who shall then comply with the provisions of NRS 432A.1755.

     3.  An applicant for a license to operate a child care facility or licensee shall notify the Bureau within 2 days after receiving notice that:

     (a) The applicant, licensee or an employee of the applicant or licensee, or a resident of the child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older, or a facility or program operated by the applicant or licensee, is the subject of a lawsuit or any disciplinary proceeding; or

     (b) The applicant or licensee, an employee, a resident or participant has been charged with a crime listed in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

     Sec. 11.  NRS 432A.1755 is hereby amended to read as follows:

     432A.1755  1.  Upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or evidence from any other source that an employee of an applicant for a license to operate a child care facility or a licensee, or a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, or participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her, the applicant or licensee shall terminate the employment of the employee or remove the resident from the facility or participant from the outdoor youth program after allowing the employee, resident or participant time to correct the information as required pursuant to subsection 2.

     2.  If an employee, resident or participant believes that the information provided to the applicant or licensee pursuant to subsection 1 is incorrect, the employee, resident or participant must inform the applicant or licensee immediately. The applicant or licensee shall give any such employee, resident or participant 30 days to correct the information.

     3.  During any period in which an employee, resident or participant seeks to correct information pursuant to subsection 2, it is within the discretion of the applicant or licensee whether to allow the employee, resident or participant to continue to work for or reside at the child care facility or participate in the outdoor youth program, as applicable.

 


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     Sec. 12.  NRS 432A.1785 is hereby amended to read as follows:

     432A.1785  1.  Each applicant for a license to operate a child care facility and licensee shall maintain records of the information concerning its employees and any residents of the child care facility who are 18 years of age or older, other than residents who remain under the jurisdiction of a court pursuant to section 18 of this act, or participants in any outdoor youth program who are 18 years of age or older that is collected pursuant to NRS 432A.170 and 432A.175, including, without limitation:

     (a) Proof that the applicant or licensee submitted fingerprints to the Central Repository for its report; and

     (b) The written authorization to obtain information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

     2.  The records maintained pursuant to subsection 1 must be made available for inspection by the Bureau at any reasonable time, and copies thereof must be furnished to the Bureau upon request.

     Sec. 13.  NRS 432A.190 is hereby amended to read as follows:

     432A.190  1.  The Bureau may deny an application for a license to operate a child care facility or may suspend or revoke such a license upon any of the following grounds:

     (a) Violation by the applicant or licensee or an employee of the applicant or licensee 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.

     (b) Aiding, abetting or permitting the commission of any illegal act.

     (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

     (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients of the outdoor youth program.

     (e) Conviction of any crime listed in subsection 2 of NRS 432A.170 committed by the applicant or licensee or an employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older.

     (f) Failure to comply with the provisions of NRS 432A.178.

     (g) Substantiation of a report of child abuse or neglect made against the applicant or licensee.

     (h) Conduct which is found to pose a threat to the health or welfare of a child or which demonstrates that the applicant or licensee is otherwise unfit to work with children.

     (i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in the program if the employee, or the resident or participant who is 18 years of age or older, has been convicted of a crime listed in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her.

     2.  In addition to the provisions of subsection 1, the Bureau may revoke a license to operate a child care facility if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

 


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     (a) Is convicted of violating any of the provisions of NRS 202.470;

     (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

     (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

     3.  The Bureau shall maintain a log of any complaints that it receives relating to activities for which the Bureau may revoke the license to operate a child care facility pursuant to subsection 2. The Bureau shall provide to a child care facility:

     (a) A summary of a complaint against the facility if the investigation of the complaint by the Bureau either substantiates the complaint or is inconclusive;

     (b) A report of any investigation conducted with respect to the complaint; and

     (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 432A.178.

     4.  In addition to any other disciplinary action, the Bureau may impose an administrative fine for a violation of any provision of this chapter or any regulation adopted pursuant thereto. The Bureau shall afford to any person so fined an opportunity for a hearing. Any money collected for the imposition of such a fine must be credited to the State General Fund.

     5.  On or before February 1 of each odd-numbered year, the Bureau shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

     (a) Any complaints included in the log maintained by the Bureau pursuant to subsection 3; and

     (b) Any disciplinary actions taken by the Bureau pursuant to subsection 2.

     Sec. 14.  Chapter 432B of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 19, inclusive, of this act.

     Sec. 15.  As used in sections 15 to 19, inclusive, of this act, “child” means a person who is:

     1.  Under the age of 18 years; and

     2.  Over the age of 18 years and who remains under the jurisdiction of the court pursuant to section 18 of this act.

     Sec. 16.  1.  A court shall refer a child who is in the custody of an agency which provides child welfare services to an attorney in the county who provides legal services without a charge to abused or neglected children if the court determines that the child:

     (a) Has reached the age of 17 years; and

     (b) Is not likely to be returned to the custody of his or her parent before reaching the age of 18 years.

     2.  The court shall request the attorney to whom such a child is referred to counsel the child regarding the legal consequences of remaining under the jurisdiction of the court after reaching 18 years of age and assist the child in deciding whether to remain under the jurisdiction of the court.

     Sec. 17.  1.  At least 120 days before the date on which a child who is in the custody of an agency which provides child welfare services reaches the age of 18 years, the agency which provides child welfare services shall meet with the child to determine whether the child intends to request that the court retain jurisdiction over the child pursuant to section 18 of this act after the child reaches the age of 18 years.

 


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meet with the child to determine whether the child intends to request that the court retain jurisdiction over the child pursuant to section 18 of this act after the child reaches the age of 18 years.

     2.  If the child indicates during the meeting held pursuant to subsection 1 that the child does not intend to request that the court retain jurisdiction over the child, the agency which provides child welfare services shall recommend that the court terminate jurisdiction over the child when the child reaches the age of 18 years.

     3.  Notwithstanding a determination made by a child during a meeting held pursuant to subsection 1, any time before reaching the age of 18 years, the child may:

     (a) Inform the agency which provides child welfare services that the child intends to request that the court continue jurisdiction over the child pursuant to section 18 of this act, and the agency shall revise its recommendation to the court accordingly; or

     (b) Request that the court retain jurisdiction over the child pursuant to section 18 of this act, and the court shall accept jurisdiction.

     4.  A child who enters into an agreement with an agency which provides child welfare services before the child reaches the age of 18 years to allow the child to live independently is not prohibited from requesting that the court retain jurisdiction over the child pursuant to section 18 of this act, and such a child is entitled to the same rights and protections set forth in sections 15 to 19, inclusive, of this act as provided to any other child.

     Sec. 18.  1.  A court which orders a child to be placed other than with a parent and which has jurisdiction over the child when the child reaches the age of 18 years shall retain jurisdiction over the child if the child so requests.

     2.  Except as otherwise provided in this section, jurisdiction over a child that is retained pursuant to subsection 1 continues until:

     (a) The agency which provides child welfare services, the child and the attorney of the child agree to terminate the jurisdiction;

     (b) The court determines that:

          (1) The child has achieved the goals set forth in the plan developed pursuant to section 19 of this act;

           (2) The child is not making a good faith effort to achieve the goals set forth in the plan developed pursuant to section 19 of this act; or

           (3) The circumstances of the child have changed in such a manner that it is infeasible for the child to achieve the goals set forth in the plan developed pursuant to section 19 of this act;

     (c) The child requests that jurisdiction be terminated; or

     (d) The child reaches of the age of 21 years,

Ê whichever occurs first.

     3.  If the court that retains jurisdiction over a child pursuant to this section transfers jurisdiction to another court in this State, the court which accepts jurisdiction must retain jurisdiction over the case for the period provided pursuant to this section.

     4.  A child who requests that the court retain jurisdiction over the child pursuant to this section must, upon reaching the age of 18 years, enter into a written agreement with the agency which provides child welfare services.

 


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welfare services. The agreement, which must be filed with the court, must include, without limitation, the following provisions, which must specify that:

     (a) The child voluntarily requested that the court retain jurisdiction over the child;

     (b) While under the jurisdiction of the court, the child is entitled to continue to receive services from the agency which provides child welfare services and to receive monetary payments directly or to have such payments provided to another entity as designated in the plan developed pursuant to section 19 of this act in an amount not to exceed the rate of payment for foster care;

     (c) While under the jurisdiction of the court, the child will no longer be under the legal custody of the agency which provides child welfare services, and the proceedings concerning the child conducted pursuant to NRS 432B.410 to 432B.590, inclusive, will terminate;

     (d) The child may, at any time, request that jurisdiction over the child be terminated; and

     (e) If there is an issue concerning the child while under the jurisdiction of the court, the child and the agency which provides child welfare services agree to attempt to resolve the issue before requesting a hearing before the court to address the issue.

     5.  If an issue arises concerning a child who remains under the jurisdiction of the court, the child, the agency which provides child welfare services or the attorney assigned to the case may request a hearing before the court to address the issue. Before requesting such a hearing, the child and the agency which provides child welfare services must attempt to resolve the issue.

     6.  If the agency which provides child welfare services wishes to have the court terminate jurisdiction over the child, the agency which provides child welfare services must send a notice to the child and the attorney of the child informing the child and the attorney of the child that the child has 15 days after receipt of the notice in which to request an informal administrative review. If, during the administrative review, a resolution is not reached, the child or the attorney of the child may request a hearing before the court pursuant to subsection 5. If the child and the attorney of the child agree to have jurisdiction terminated or do not request an informal administrative review, the jurisdiction of the court must terminate upon notice to the court by the agency which provides child welfare services.

     7.  A child, while under the jurisdiction of the court pursuant to this section, is entitled to continue to receive services and monetary payments from the agency which provides child welfare services directly or to have such payments provided to another person or entity as designated in the plan developed pursuant to section 19 of this act in an amount not to exceed the rate of payment for foster care.

     8.  The court may issue any order which it deems appropriate or necessary to ensure:

     (a) That the agency which provides child welfare services provides the services and monetary payments which the child is entitled to receive; and

     (b) That the child who remains under the jurisdiction of the court is working towards achieving the goals of the plan developed pursuant to section 19 of this act.

 


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     Sec. 19.  1.  If the court retains jurisdiction over a child pursuant to section 18 of this act, the agency which provides child welfare services shall develop a written plan to assist the child in transitioning to independent living. Such a plan must include, without limitation, the following goals:

     (a) That the child save enough money to pay for his or her monthly expenses for at least 3 months;

     (b) If the child has not graduated from high school or obtained a general equivalency diploma, that the child remain enrolled in high school or a program to obtain a general equivalency diploma until graduation or completion of the program;

     (c) If the child has graduated from high school or obtained a general equivalency diploma, that the child:

           (1) Enroll in a program of postsecondary or vocational education;

           (2) Enroll or participate in a program or activity designed to promote or remove obstacles to employment; or

           (3) Obtain or actively seek employment which is at least 80 hours per month;

     (d) That the child secure housing;

     (e) That the child have adequate income to meet his or her monthly expenses;

     (f) That the child identify an adult who will be available to provide support to the child;

     (g) If applicable, that the child have established appropriate supportive services to address any mental health or developmental needs of the child; and

     (h) If a child is not capable of achieving one or more of the goals set forth in paragraphs (a) to (g), inclusive, that the child have goals which are appropriate for the child based upon the needs of the child.

     2.  During the period in which the court retains jurisdiction over the child, the agency which provides child welfare services shall:

     (a) Monitor the plan developed pursuant to subsection 1 and adjust the plan as necessary;

     (b) Contact the child by telephone at least once each month and in person at least quarterly;

     (c) Ensure that the child meets with a person who will provide guidance to the child and make the child aware of the services which will be available to the child; and

     (d) Conduct a meeting with the child at least 30 days, but not more than 45 days, before the jurisdiction of the court is terminated to determine whether the child requires any additional guidance.

     Sec. 20.  NRS 432B.040 is hereby amended to read as follows:

     432B.040  “Child” means a person under the age of 18 years [.] or, if in school, until graduation from high school. The term does not include a child who remains under the jurisdiction of the court pursuant to section 18 of this act.

     Sec. 21.  NRS 432B.060 is hereby amended to read as follows:

     432B.060  “Custodian” means a person or a governmental organization, other than a parent or legal guardian, who has been awarded legal custody of a child. The term does not include a person or governmental organization who continues to provide services to a child that remains under the jurisdiction of a court pursuant to section 18 of this act.

 


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     Sec. 22.  NRS 432B.390 is hereby amended to read as follows:

     432B.390  1.  An agent or officer of a law enforcement agency, an officer of the local juvenile probation department or the local department of juvenile services, or a designee of an agency which provides child welfare services:

     (a) May place a child in protective custody without the consent of the person responsible for the child’s welfare if the agent, officer or designee has reasonable cause to believe that immediate action is necessary to protect the child from injury, abuse or neglect.

     (b) Shall place a child in protective custody upon the death of a parent of the child, without the consent of the person responsible for the welfare of the child, if the agent, officer or designee has reasonable cause to believe that the death of the parent of the child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018.

     2.  When an agency which provides child welfare services receives a report pursuant to subsection 2 of NRS 432B.630, a designee of the agency which provides child welfare services shall immediately place the child in protective custody.

     3.  If there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, a protective custody hearing must be held pursuant to NRS 432B.470, whether the child was placed in protective custody or with a relative. If an agency other than an agency which provides child welfare services becomes aware that there is reasonable cause to believe that the death of a parent of a child is or may be the result of an act by the other parent that constitutes domestic violence pursuant to NRS 33.018, that agency shall immediately notify the agency which provides child welfare services and a protective custody hearing must be scheduled.

     4.  An agency which provides child welfare services shall request the assistance of a law enforcement agency in the removal of a child if the agency has reasonable cause to believe that the child or the person placing the child in protective custody may be threatened with harm.

     5.  Before taking a child for placement in protective custody, the person taking the child shall show his or her identification to any person who is responsible for the child and is present at the time the child is taken. If a person who is responsible for the child is not present at the time the child is taken, the person taking the child shall show his or her identification to any other person upon request. The identification required by this subsection must be a single card that contains a photograph of the person taking the child and identifies the person as a person authorized pursuant to this section to place a child in protective custody.

     6.  A child placed in protective custody pending an investigation and a hearing held pursuant to NRS 432B.470 must be placed , [in a hospital, if the child needs hospitalization, or in a shelter, which may include, without limitation, a foster home or other home or facility which provides care for those children,] except as otherwise provided in NRS 432B.3905 [.] , in the following order of priority:

     (a) In a hospital, if the child needs hospitalization.

     (b) With a person who is related within the fifth degree of consanguinity or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

 


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     (c) In a foster home that is licensed pursuant to chapter 424 of NRS.

     (d) In any other licensed shelter that provides care to such children.

     7.  Whenever possible, a child placed pursuant to subsection 6 must be placed together with any siblings of the child. Such a child must not be placed in a jail or other place for detention, incarceration or residential care of persons convicted of a crime or children charged with delinquent acts.

     [7.] 8.  A person placing a child in protective custody pursuant to subsection 1 shall:

     (a) Immediately take steps to protect all other children remaining in the home or facility, if necessary;

     (b) Immediately make a reasonable effort to inform the person responsible for the child’s welfare that the child has been placed in protective custody; and

     (c) [Give preference in placement of the child to any person related within the fifth degree of consanguinity to the child who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State; and

     (d)] As soon as practicable, inform the agency which provides child welfare services and the appropriate law enforcement agency, except that if the placement violates the provisions of NRS 432B.3905, the person shall immediately provide such notification.

     [8.] 9.  If a child is placed with any person who resides outside this State, the placement must be in accordance with NRS 127.330.

     10.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

     Sec. 23.  NRS 432B.391 is hereby amended to read as follows:

     432B.391  1.  An agency which provides child welfare services or its approved designee may, in accordance with the procedures set forth in 28 C.F.R. §§ 901 et. seq., conduct a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history of a resident who is 18 years of age or older of a home in which the agency which provides child welfare services wishes to place a child in an emergency situation , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, to determine whether the person investigated has been arrested for or convicted of any crime.

     2.  Upon request of an agency which provides child welfare services that wishes to place a child in a home in an emergency situation, or upon request of the approved designee of the agency which provides child welfare services, a resident who is 18 years of age or older of the home in which the agency which provides child welfare services wishes to place the child , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, must submit to the agency which provides child welfare services or its approved designee a complete set of fingerprints and written permission authorizing the agency which provides child welfare services or its approved designee to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The agency which provides child welfare services or its approved designee shall forward the fingerprints to the Central Repository for Nevada Records of Criminal History within the time set forth in federal law or regulation.

 


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     3.  If a resident who is 18 years of age or older of a home in which an agency which provides child welfare services places a child in an emergency situation , other than a resident who remains under the jurisdiction of a court pursuant to section 18 of this act, refuses to provide a complete set of fingerprints to the agency which provides child welfare services or its approved designee upon request pursuant to subsection 2, the agency which provides child welfare services must immediately remove the child from the home.

     Sec. 24.  (Deleted by amendment.)

     Sec. 25.  NRS 432B.550 is hereby amended to read as follows:

     432B.550  1.  If the court finds that a child is in need of protection, it may, by its order, after receipt and review of the report from the agency which provides child welfare services:

     (a) Permit the child to remain in the temporary or permanent custody of the parents of the child or a guardian with or without supervision by the court or a person or agency designated by the court, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe;

     (b) Place the child in the temporary or permanent custody of a relative , a fictive kin or other person the court finds suitable to receive and care for the child with or without supervision, and with or without retaining jurisdiction of the case, upon such conditions as the court may prescribe; or

     (c) Place the child in the temporary custody of a public agency or institution authorized to care for children, the local juvenile probation department, the local department of juvenile services or a private agency or institution licensed by the Department of Health and Human Services or a county whose population is 100,000 or more to care for such a child.

Ê In carrying out this subsection, the court may, in its sole discretion and in compliance with the requirements of chapter 159 of NRS, consider an application for the guardianship of the child. If the court grants such an application, it may retain jurisdiction of the case or transfer the case to another court of competent jurisdiction.

     2.  If, pursuant to subsection 1, a child is placed other than with a parent:

     (a) The parent retains the right to consent to adoption, to determine the child’s religious affiliation and to reasonable visitation, unless restricted by the court. If the custodian of the child interferes with these rights, the parent may petition the court for enforcement of the rights of the parent.

     (b) The court shall set forth good cause why the child was placed other than with a parent.

     3.  If, pursuant to subsection 1, the child is to be placed with a relative [,] or fictive kin, the court may consider, among other factors, whether the child has resided with a particular relative or fictive kin for 3 years or more before the incident which brought the child to the court’s attention.

     4.  Except as otherwise provided in this subsection, a copy of the report prepared for the court by the agency which provides child welfare services must be sent to the custodian and the parent or legal guardian. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the report need not be sent to that parent.

     5.  In determining the placement of a child pursuant to this section, if the child is not permitted to remain in the custody of the parents of the child or guardian:

 


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     (a) It must be presumed to be in the best interests of the child to be placed together with the siblings of the child.

     (b) Preference must be given to placing the child [with] in the following order:

           (1) With any person related within the fifth degree of consanguinity to the child or a fictive kin, and who is suitable and able to provide proper care and guidance for the child, regardless of whether the relative or fictive kin resides within this State.

[Ê]     (2) In a foster home that is licensed pursuant to chapter 424 of NRS.

     6.  Any search for a relative with whom to place a child pursuant to this section must be completed within 1 year after the initial placement of the child outside of the home of the child. If a child is placed with any person who resides outside of this State, the placement must be in accordance with NRS 127.330.

     [6.] 7.  Within 60 days after the removal of a child from the home of the child, the court shall:

     (a) Determine whether:

           (1) The agency which provides child welfare services has made the reasonable efforts required by paragraph (a) of subsection 1 of NRS 432B.393; or

           (2) No such efforts are required in the particular case; and

     (b) Prepare an explicit statement of the facts upon which its determination is based.

     8.  As used in this section, “fictive kin” means a person who is not related by blood to a child but who has a significant emotional and positive relationship with the child.

     Sec. 26.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

     Sec. 27.  This act becomes effective upon passage and approval.

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