Link to Page 2030

 

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

ê2011 Statutes of Nevada, Page 2031ê

 

CHAPTER 357, SB 307

Senate Bill No. 307–Senator Copening

 

CHAPTER 357

 

[Approved: June 13, 2011]

 

AN ACT relating to real property; revising provisions governing the exercise of the power of sale under a deed of trust concerning owner-occupied property; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, the trustee under a deed of trust concerning owner-occupied housing has the power to sell the property to which the deed of trust applies, subject to certain restrictions. (NRS 107.080, 107.085, 107.086) One such restriction: (1) requires the trustee under the deed of trust to include a form to request mediation with the notice of default and election to sell which is mailed to the grantor of the deed of trust or the person who holds title of record; and (2) authorizes the grantor of the deed of trust or the person who holds the title of record to request mediation under rules adopted by the Supreme Court. (NRS 107.086) Section 1.7 of this bill requires the notice of default and election to sell that is mailed to the grantor or the person who holds the title of record to include a notice provided by the entity designated to administer the Foreclosure Mediation Program which states that the grantor or the person who holds the title of record has a right to seek foreclosure mediation in the Foreclosure Mediation Program.

       Under existing law, another restriction on the exercise of the trustee’s power of sale prohibits the trustee from exercising the power of sale unless, not later than 60 days before the date of the sale, the trustee causes a notice to be served on the grantor or the person who holds the title of record which contains the telephone numbers of certain agencies which may provide assistance to the grantor or the person who holds the title of record. (NRS 107.085) Section 1.5 of this bill amends this notice to include: (1) a statement that the person receiving the notice may have a right to participate in the State of Nevada Foreclosure Mediation Program if the time to request mediation has not expired; (2) the telephone number of the State of Nevada Foreclosure Mediation Program; and (3) the telephone number of the Division of Mortgage Lending of the Department of Business and Industry.

 

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 and 1.3.  (Deleted by amendment.)

     Sec. 1.5.  NRS 107.085 is hereby amended to read as follows:

     107.085  1.  With regard to a transfer in trust of an estate in real property to secure the performance of an obligation or the payment of a debt, the provisions of this section apply to the exercise of a power of sale pursuant to NRS 107.080 only if:

     (a) The trust agreement becomes effective on or after October 1, 2003, and, on the date the trust agreement is made, the trust agreement is subject to the provisions of § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602 [(aa),] (bb), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32; or

     (b) The trust agreement concerns owner-occupied housing as defined in NRS 107.086.

 


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

ê2011 Statutes of Nevada, Page 2032 (Chapter 357, SB 307)ê

 

     2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless:

     (a) In the manner required by subsection 3, not later than 60 days before the date of the sale, the trustee causes to be served upon the grantor or the person who holds the title of record a notice in the form described in subsection 3; and

     (b) If an action is filed in a court of competent jurisdiction claiming an unfair lending practice in connection with the trust agreement, the date of the sale is not less than 30 days after the date the most recent such action is filed.

     3.  The notice described in subsection 2 must be:

     (a) Served upon the grantor or the person who holds the title of record:

           (1) Except as otherwise provided in subparagraph (2), by personal service or, if personal service cannot be timely effected, in such other manner as a court determines is reasonably calculated to afford notice to the grantor or the person who holds the title of record; or

           (2) If the trust agreement concerns owner-occupied housing as defined in NRS 107.086:

                (I) By personal service;

                (II) If the grantor or the person who holds the title of record is absent from his or her place of residence or from his or her usual place of business, by leaving a copy with a person of suitable age and discretion at either place and mailing a copy to the grantor or the person who holds the title of record at his or her place of residence or place of business; or

                (III) If the place of residence or business cannot be ascertained, or a person of suitable age or discretion cannot be found there, by posting a copy in a conspicuous place on the trust property, delivering a copy to a person there residing if the person can be found and mailing a copy to the grantor or the person who holds the title of record at the place where the trust property is situated; and

     (b) In substantially the following form, with the applicable telephone numbers and mailing addresses provided on the notice and, except as otherwise provided in subsection 4, a copy of the promissory note attached to the notice:

NOTICE

YOU ARE IN DANGER OF LOSING YOUR HOME!

 

YOU MAY HAVE A RIGHT TO PARTICIPATE IN THE STATE OF NEVADA FORECLOSURE MEDIATION PROGRAM IF THE TIME TO REQUEST MEDIATION HAS NOT EXPIRED!

 

Your home loan is being foreclosed. In not less than 60 days your home [will] may be sold and you [will] may be forced to move. For help, call:

 

State of Nevada Foreclosure Mediation Program ____________

Consumer Credit Counseling _______________

The Attorney General __________________

The Division of Mortgage Lending _______________

The Division of Financial Institutions ________________

Legal Services ______________________

Your Lender ___________________

Nevada Fair Housing Center ________________

 


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

ê2011 Statutes of Nevada, Page 2033 (Chapter 357, SB 307)ê

 

     4.  The trustee shall cause all social security numbers to be redacted from the copy of the promissory note before it is attached to the notice pursuant to paragraph (b) of subsection 3.

     5.  This section does not prohibit a judicial foreclosure.

     6.  As used in this section, “unfair lending practice” means an unfair lending practice described in NRS 598D.010 to 598D.150, inclusive.

     Sec. 1.7.  NRS 107.086 is hereby amended to read as follows:

     107.086  1.  In addition to the requirements of NRS 107.085, the exercise of the power of sale pursuant to NRS 107.080 with respect to any trust agreement which concerns owner-occupied housing is subject to the provisions of this section.

     2.  The trustee shall not exercise a power of sale pursuant to NRS 107.080 unless the trustee:

     (a) Includes with the notice of default and election to sell which is mailed to the grantor or the person who holds the title of record as required by subsection 3 of NRS 107.080:

           (1) Contact information which the grantor or the person who holds the title of record may use to reach a person with authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust;

           (2) Contact information for at least one local housing counseling agency approved by the United States Department of Housing and Urban Development; [and]

           (3) A notice provided by the Mediation Administrator indicating that the grantor or the person who holds the title of record has the right to seek mediation pursuant to this section; and

           (4) A form upon which the grantor or the person who holds the title of record may indicate an election to enter into mediation or to waive mediation pursuant to this section and one envelope addressed to the trustee and one envelope addressed to the Mediation Administrator, which the grantor or the person who holds the title of record may use to comply with the provisions of subsection 3;

     (b) Serves a copy of the notice upon the Mediation Administrator; and

     (c) Causes to be recorded in the office of the recorder of the county in which the trust property, or some part thereof, is situated:

           (1) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 3 or 6 which provides that no mediation is required in the matter; or

           (2) The certificate provided to the trustee by the Mediation Administrator pursuant to subsection 7 which provides that mediation has been completed in the matter.

     3.  The grantor or the person who holds the title of record shall, not later than 30 days after service of the notice in the manner required by NRS 107.080, complete the form required by subparagraph [(3)] (4) of paragraph (a) of subsection 2 and return the form to the trustee by certified mail, return receipt requested. If the grantor or the person who holds the title of record indicates on the form an election to enter into mediation, the trustee shall notify the beneficiary of the deed of trust and every other person with an interest as defined in NRS 107.090, by certified mail, return receipt requested, of the election of the grantor or the person who holds the title of record to enter into mediation and file the form with the Mediation Administrator, who shall assign the matter to a senior justice, judge, hearing master or other designee and schedule the matter for mediation. No further action may be taken to exercise the power of sale until the completion of the mediation.

 


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

ê2011 Statutes of Nevada, Page 2034 (Chapter 357, SB 307)ê

 

action may be taken to exercise the power of sale until the completion of the mediation. If the grantor or the person who holds the title of record indicates on the form an election to waive mediation or fails to return the form to the trustee as required by this subsection, the trustee shall execute an affidavit attesting to that fact under penalty of perjury and serve a copy of the affidavit, together with the waiver of mediation by the grantor or the person who holds the title of record, or proof of service on the grantor or the person who holds the title of record of the notice required by subsection 2 of this section and subsection 3 of NRS 107.080, upon the Mediation Administrator. Upon receipt of the affidavit and the waiver or proof of service, the Mediation Administrator shall provide to the trustee a certificate which provides that no mediation is required in the matter.

     4.  Each mediation required by this section must be conducted by a senior justice, judge, hearing master or other designee pursuant to the rules adopted pursuant to subsection 8. The beneficiary of the deed of trust or a representative shall attend the mediation. The grantor or a representative shall attend the mediation if the grantor elected to enter into mediation, or the person who holds the title of record or a representative shall attend the mediation if the person who holds the title of record elected to enter into mediation. The beneficiary of the deed of trust shall bring to the mediation the original or a certified copy of the deed of trust, the mortgage note and each assignment of the deed of trust or mortgage note. If the beneficiary of the deed of trust is represented at the mediation by another person, that person must have authority to negotiate a loan modification on behalf of the beneficiary of the deed of trust or have access at all times during the mediation to a person with such authority.

     5.  If the beneficiary of the deed of trust or the representative fails to attend the mediation, fails to participate in the mediation in good faith or does not bring to the mediation each document required by subsection 4 or does not have the authority or access to a person with the authority required by subsection 4, the mediator shall prepare and submit to the Mediation Administrator a petition and recommendation concerning the imposition of sanctions against the beneficiary of the deed of trust or the representative. The court may issue an order imposing such sanctions against the beneficiary of the deed of trust or the representative as the court determines appropriate, including, without limitation, requiring a loan modification in the manner determined proper by the court.

     6.  If the grantor or the person who holds the title of record elected to enter into mediation and fails to attend the mediation, the Mediation Administrator shall provide to the trustee a certificate which states that no mediation is required in the matter.

     7.  If the mediator determines that the parties, while acting in good faith, are not able to agree to a loan modification, the mediator shall prepare and submit to the Mediation Administrator a recommendation that the matter be terminated. The Mediation Administrator shall provide to the trustee a certificate which provides that the mediation required by this section has been completed in the matter.

     8.  The Supreme Court shall adopt rules necessary to carry out the provisions of this section. The rules must, without limitation, include provisions:

 


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

ê2011 Statutes of Nevada, Page 2035 (Chapter 357, SB 307)ê

 

     (a) Designating an entity to serve as the Mediation Administrator pursuant to this section. The entities that may be so designated include, without limitation, the Administrative Office of the Courts, the district court of the county in which the property is situated or any other judicial entity.

     (b) Ensuring that mediations occur in an orderly and timely manner.

     (c) Requiring each party to a mediation to provide such information as the mediator determines necessary.

     (d) Establishing procedures to protect the mediation process from abuse and to ensure that each party to the mediation acts in good faith.

     (e) Establishing a total fee of not more than $400 that may be charged and collected by the Mediation Administrator for mediation services pursuant to this section and providing that the responsibility for payment of the fee must be shared equally by the parties to the mediation.

     9.  Except as otherwise provided in subsection 11, the provisions of this section do not apply if:

     (a) The grantor or the person who holds the title of record has surrendered the property, as evidenced by a letter confirming the surrender or delivery of the keys to the property to the trustee, the beneficiary of the deed of trust or the mortgagee, or an authorized agent thereof; or

     (b) A petition in bankruptcy has been filed with respect to the grantor or the person who holds the title of record under chapter 7, 11, 12 or 13 of Title 11 of the United States Code and the bankruptcy court has not entered an order closing or dismissing the case or granting relief from a stay of foreclosure.

     10.  A noncommercial lender is not excluded from the application of this section.

     11.  The Mediation Administrator and each mediator who acts pursuant to this section in good faith and without gross negligence are immune from civil liability for those acts.

     12.  As used in this section:

     (a) “Mediation Administrator” means the entity so designated pursuant to subsection 8.

     (b) “Noncommercial lender” means a lender which makes a loan secured by a deed of trust on owner-occupied housing and which is not a bank, financial institution or other entity regulated pursuant to title 55 or 56 of NRS.

     (c) “Owner-occupied housing” means housing that is occupied by an owner as the owner’s primary residence. The term does not include any time share or other property regulated under chapter 119A of NRS.

     Sec. 2.  The amendatory provisions of this act apply only with respect to trust agreements for which a notice of default is recorded on or after July 1, 2011.

     Sec. 3.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2036ê

 

CHAPTER 358, SB 329

Senate Bill No. 329–Senators Breeden and Wiener

 

CHAPTER 358

 

[Approved: June 13, 2011]

 

AN ACT relating to pharmacy; authorizing certain education and training to be provided to practitioners concerning the management by a patient of medications of the patient; requiring practitioners to post a sign informing patients of the right to have the symptom or purpose for which a drug is prescribed be included on the label of the container of the drug; revising provisions relating to prescriptions for controlled substances included in schedule II; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes, but does not require, a practitioner to ask a patient if the patient wishes to have included on the label of a prescription the symptom or purpose for which the drug is dispensed and, if the patient so requests, requires the practitioner to include such information on the written prescription. (NRS 639.2352) Section 2 of this bill requires practitioners to post signs in English and Spanish informing patients of the right to have certain information included on the label attached to the container of the drug. Sections 1.3 and 1.7 of this bill require the Board of Medical Examiners and the State Board of Osteopathic Medicine to encourage physicians to obtain continuing education concerning methods of educating patients about how to effectively manage medications. Section 6.5 of this bill authorizes the State Board of Pharmacy or the Investigation Division of the Department of Public Safety, in cooperation with the Health Division of the Department of Health and Human Services, to carry out education and training regarding the rights of patients to have the symptom or purpose of a medication printed on the label attached to the container for that medication.

       Section 6.3 of this bill authorizes the issuance of an electronic prescription for a controlled substance included in schedule II if such an electronic prescription is issued in compliance with any regulations adopted by the Board concerning electronic prescriptions.

 

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. 1.3.  NRS 630.253 is hereby amended to read as follows:

     630.253  1.  The Board shall, as a prerequisite for the:

     (a) Renewal of a license as a physician assistant; or

     (b) Biennial registration of the holder of a license to practice medicine,

Ê require each holder to comply with the requirements for continuing education adopted by the Board.

     2.  These requirements:

     (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

     (b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

 


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

ê2011 Statutes of Nevada, Page 2037 (Chapter 358, SB 329)ê

 

terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

           (1) An overview of acts of terrorism and weapons of mass destruction;

           (2) Personal protective equipment required for acts of terrorism;

           (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

           (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

           (5) An overview of the information available on, and the use of, the Health Alert Network.

Ê The Board may thereafter determine whether to include in a program of continuing education additional courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

     3.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

     (a) The skills and knowledge that the licensee needs to address aging issues;

     (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

     (c) The biological, behavioral, social and emotional aspects of the aging process; and

     (d) The importance of maintenance of function and independence for older persons.

     4.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

     5.  As used in this section:

     (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

     (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

     (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

     (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

     (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

     Sec. 1.7.  NRS 633.471 is hereby amended to read as follows:

     633.471  1.  Except as otherwise provided in subsection [4] 5 and NRS 633.491, every holder of a license to practice osteopathic medicine issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

     (a) Applying for renewal on forms provided by the Board;

     (b) Paying the annual license renewal fee specified in this chapter;

 


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

ê2011 Statutes of Nevada, Page 2038 (Chapter 358, SB 329)ê

 

     (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

     (d) Submitting an affidavit to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

     (e) Submitting all information required to complete the renewal.

     2.  The Secretary of the Board shall notify each licensee of the practice of osteopathic medicine of the requirements for renewal not less than 30 days before the date of renewal.

     3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from no fewer than one-third of the applicants for renewal of a license to practice osteopathic medicine. Upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

     4.  The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

     5.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

     Sec. 2.  NRS 639.2352 is hereby amended to read as follows:

     639.2352  1.  Before issuing a prescription, a practitioner may ask the patient whether he or she wishes to have included on the label [of the prescription] attached to the container of the drug the symptom or purpose for which the drug is prescribed. If the patient requests that the information be included on the label, the practitioner shall include on the prescription the symptom or purpose for which the drug is prescribed.

     2.  Each practitioner shall post in a conspicuous location in each room used for the examination of a patient a sign which is not less than 8.5 inches wide and not less than 11 inches high and which contains, in at least 12-point boldface type, the following:

 

NOTICE TO PATIENTS

 

You have the right to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of your prescribed drug.

 


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

ê2011 Statutes of Nevada, Page 2039 (Chapter 358, SB 329)ê

 

You have the right to ask the person writing your prescription to instruct the pharmacy to print this information on the label attached to the container of your prescribed drug.

 

Having the purpose or symptom printed on the label attached to the container of your drug may help you to properly use and track your prescribed drugs.

 

AVISO A LOS PACIENTES

 

Tiene derecho de que se imprima cierta información en la etiqueta de sus medicamentos. Específicamente, usted puede elegir que la etiqueta incluya los síntomas o el propósito para que el medicamento se prescribe.

Tiene derecho de pedirle a la person que prescriba su medicamento que dirija a la farmacia que imprima la información en la etiqueta.

 

Si se imprimen los síntomas o el propósito en la etiqueta de sus medicamentos, le puede ayudar a mantenerlos y usarlos apropriadamente.

     Secs. 3-6.  (Deleted by amendment.)

     Sec. 6.3.  NRS 453.256 is hereby amended to read as follows:

     453.256  1.  Except as otherwise provided in subsection 2, a substance included in schedule II must not be dispensed without the written prescription of a practitioner.

     2.  A controlled substance included in schedule II may be dispensed without the written prescription of a practitioner only:

     (a) In an emergency, as defined by regulation of the Board, upon oral prescription of a practitioner, reduced to writing promptly and in any case within 72 hours, signed by the practitioner and filed by the pharmacy.

     (b) Pursuant to an electronic prescription of a practitioner which complies with any regulations adopted by the Board concerning the use of electronic prescriptions.

     (c) Upon the use of a facsimile machine to transmit the prescription for a substance included in schedule II by a practitioner or a practitioner’s agent to a pharmacy for:

           (1) Direct administration to a patient by parenteral solution; or

           (2) A resident of a facility for intermediate care or a facility for skilled nursing which is licensed as such by the Health Division of the Department.

Ê A prescription transmitted by a facsimile machine pursuant to this paragraph must be printed on paper which is capable of being retained for at least 2 years. For the purposes of this section, [such a] an electronic prescription or a prescription transmitted by facsimile machine constitutes a written prescription. The pharmacy shall keep prescriptions in conformity with the requirements of NRS 453.246. A prescription for a substance included in schedule II must not be refilled.

 


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

ê2011 Statutes of Nevada, Page 2040 (Chapter 358, SB 329)ê

 

     3.  Except when dispensed directly by a practitioner, other than a pharmacy, to an ultimate user, a substance included in schedule III or IV which is a dangerous drug as determined under NRS 454.201, must not be dispensed without a written or oral prescription of a practitioner. The prescription must not be filled or refilled more than 6 months after the date thereof or be refilled more than five times, unless renewed by the practitioner.

     4.  A substance included in schedule V may be distributed or dispensed only for a medical purpose, including medical treatment or authorized research.

     5.  A practitioner may dispense or deliver a controlled substance to or for a person or animal only for medical treatment or authorized research in the ordinary course of his or her profession.

     6.  No civil or criminal liability or administrative sanction may be imposed on a pharmacist for action taken in good faith in reliance on a reasonable belief that an order purporting to be a prescription was issued by a practitioner in the usual course of professional treatment or in authorized research.

     7.  An individual practitioner may not dispense a substance included in schedule II, III or IV for the practitioner’s own personal use except in a medical emergency.

     8.  A person who violates this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     9.  As used in this section:

     (a) “Facsimile machine” means a device which sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

     (b) “Medical treatment” includes dispensing or administering a narcotic drug for pain, whether or not intractable.

     (c) “Parenteral solution” has the meaning ascribed to it in NRS 639.0105.

     Sec. 6.5.  NRS 453.155 is hereby amended to read as follows:

     453.155  1.  The Board or Division, in cooperation with the Health Division of the Department, may carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs the Board or Division may:

     (a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

     (b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

     (c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

     (d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;

     (e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to alleviate them; [and]

 


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

ê2011 Statutes of Nevada, Page 2041 (Chapter 358, SB 329)ê

 

     (f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances [.] ; and

     (g) Carry out education and training for physicians, pharmacists and patients regarding the ability of the patient to request to have the symptom or purpose for which a controlled substance is prescribed included on the label attached to the container of the controlled substance.

     2.  The Board shall encourage research on misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of the provisions of NRS 453.011 to 453.552, inclusive, it may:

     (a) Establish methods to assess accurately the effects of controlled substances and identify and characterize those with potential for abuse;

     (b) Make studies and undertake programs of research to:

           (1) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of such sections;

           (2) Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and

           (3) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; and

     (c) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.

     3.  The Board may authorize persons engaged in research on the use and effects of controlled substances to withhold the names and other identifying characteristics of individuals who are the subject of the research. A person who obtains this authorization is not compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was obtained.

     4.  The Board may authorize the possession and distribution of controlled substances by persons engaged in research. A person who obtains this authorization is exempt from state prosecution for possession and distribution of controlled substances to the extent of the authorization. The Board shall promptly notify the Division of any such authorization.

     Sec. 7.  (Deleted by amendment.)

________

 


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

ê2011 Statutes of Nevada, Page 2042ê

 

CHAPTER 359, SB 381

Senate Bill No. 381–Senator Manendo

 

CHAPTER 359

 

[Approved: June 13, 2011]

 

AN ACT relating to counties; providing for the establishment of county programs for the issuance of marriage licenses by certain commercial wedding chapels; removing the prospective expiration of provisions allowing a county office to deviate from the required hours of operation under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law provides that before two people may be joined in marriage, they must obtain a marriage license from the county clerk of any county in the State. (NRS 122.040) Section 8.5 of this bill requires the board of county commissioners in each county whose population is 100,000 or more but less than 700,000 (currently Washoe County) and in which a commercial wedding chapel has been in business for 5 years or more to: (1) ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or (2) provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses during the hours when an office where marriage licenses may be issued is not open to the public. Additionally, section 8.5 authorizes the board of county commissioners in each county whose population is less than 100,000 (currently all counties other than Clark County and Washoe County) and in which a commercial wedding chapel has been in business for 5 years or more to provide for the establishment of a program whereby such a commercial wedding chapel may issue marriage licenses during the hours when an office where marriage licenses may be issued is not open to the public. Any such program that a board of county commissioners is required or authorized to establish must authorize a commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing a completed registration form with the county clerk, along with a performance bond in the amount of $50,000.

       Section 8.5 also requires a commercial wedding chapel to refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license, and provides that the persons to whom a commercial wedding chapel issues a marriage license may only be joined in marriage in the county in which the marriage license is issued. Section 8.5 further provides that a commercial wedding chapel that violates any provision relating to the issuance of marriage licenses is guilty of a misdemeanor.

       Existing law also establishes the required hours of operation for county offices, including offices where marriage licenses may be issued. (NRS 122.061, 245.040, 252.050) However, for the period between March 11, 2010, and June 30, 2011, county offices are authorized under existing law to deviate from those required hours of operation if the board of county commissioners approves the plan for the deviation submitted by the office. (Chapter 9, Statutes of Nevada 2010, 26th Special Session, p. 50) Section 9.7 of this bill makes the temporary authority to deviate from the required hours of operation permanent.

       Section 12 of this act provides that the sections of this bill that provide for the establishment of county programs for the issuance of marriage licenses by certain commercial wedding chapels expire by limitation in 2 years.

 


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

ê2011 Statutes of Nevada, Page 2043 (Chapter 359, SB 381)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 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.

     Sec. 2.  “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

     Secs. 3-8.  (Deleted by amendment.)

     Sec. 8.5.  1.  In each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, the board of county commissioners shall:

     (a) Ensure that an office where marriage licenses may be issued is open to the public for the purpose of issuing such licenses from 8 a.m. to 12 a.m. every day, including holidays; or

     (b) Provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued pursuant to paragraph (a) is not open to the public.

     2.  In each county whose population is less than 100,000, in which a commercial wedding chapel has been in business in the county for 5 years or more, the board of county commissioners may provide for the establishment of a program whereby a commercial wedding chapel that has been in business in the county for 5 years or more is authorized to issue marriage licenses to qualified applicants during the hours when an office where marriage licenses may be issued is not open to the public.

     3.  Except as otherwise provided in subsection 4, a program established pursuant to subsection 1 or 2 must authorize each commercial wedding chapel that has been in business in the county for 5 years or more to begin issuing marriage licenses upon filing with the county clerk a completed registration form prescribed by the board of county commissioners, along with a performance bond in the amount of $50,000. The performance bond must be conditioned upon the faithful performance of all statutory duties related to the issuance of marriage licenses and compliance with the provisions of chapter 603A of NRS that ensure the security of personal information submitted by applicants for a marriage license.

     4.  A commercial wedding chapel shall refer any application for a marriage license that includes the signature of a guardian for a minor applicant to the county clerk for review and issuance of the marriage license pursuant to NRS 122.040.

     5.  The county clerk of the county in which a commercial wedding chapel that issues marriage licenses pursuant to this section is located shall provide to the commercial wedding chapel, without charge, any materials necessary for the commercial wedding chapel to issue marriage licenses. The number of marriage licenses that the commercial wedding chapel may issue must not be limited.

     6.  A commercial wedding chapel that issues marriage licenses pursuant to this section shall comply with all statutory provisions governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:

 


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

ê2011 Statutes of Nevada, Page 2044 (Chapter 359, SB 381)ê

 

governing the issuance of marriage licenses in the same manner as the county clerk is required to comply, and shall:

     (a) File the original application for a marriage license with the county clerk on the first available business day after completion of the application;

     (b) Collect from an applicant for a marriage license all fees required by law to be collected; and

     (c) Remit all fees collected to the county clerk, in the manner required by the standard of practice adopted by the county clerk.

     7.  The records of a commercial wedding chapel that issues marriage licenses pursuant to this section which pertain to the issuance of a marriage license are public records and must be made available for public inspection at reasonable times. Such a commercial wedding chapel shall comply with the provisions of chapter 603A of NRS in the same manner as all other data collectors to ensure the security of all personal information submitted by applicants for a marriage license.

     8.  The persons to whom a commercial wedding chapel issues a marriage license may not be joined in marriage in any county other than the county in which the marriage license is issued.

     9.  A commercial wedding chapel that violates any provision of this section is guilty of a misdemeanor.

     Sec. 9.  NRS 122.001 is hereby amended to read as follows:

     122.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 122.002 and 122.006 and section 2 of this act have the meanings ascribed to them in those sections.

     Sec. 9.5.  NRS 122.040 is hereby amended to read as follows:

     122.040  1.  [Before] Except as otherwise provided in section 8.5 of this act, before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

     (a) In a county whose population is 400,000 or more:

           (1) Shall designate one branch office of the county clerk at which marriage licenses may be issued and shall establish and maintain the designated branch office in an incorporated city whose population is 150,000 or more but less than 300,000; and

           (2) May, in addition to the branch office described in subparagraph (1), at the request of the county clerk, designate not more than four branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

     (b) In a county whose population is less than 400,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

     2.  Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

     (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

 


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

ê2011 Statutes of Nevada, Page 2045 (Chapter 359, SB 381)ê

 

     (b) A passport.

     (c) A birth certificate and:

           (1) Any secondary document that contains the name and a photograph of the applicant; or

           (2) Any document for which identification must be verified as a condition to receipt of the document.

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

     (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

     (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

     (f) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

     3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

     4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

     (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

     (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown.

 


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

ê2011 Statutes of Nevada, Page 2046 (Chapter 359, SB 381)ê

 

unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

     5.  If any of the persons intending to marry are under age and have not been previously married, and if the authorization of a district court is not required, the clerk shall issue the license if the consent of the parent or guardian is:

     (a) Personally given before the clerk;

     (b) Certified under the hand of the parent or guardian, attested by two witnesses, one of whom must appear before the clerk and make oath that the witness saw the parent or guardian subscribe his or her name to the annexed certificate, or heard him or her acknowledge it; or

     (c) In writing, subscribed to and acknowledged before a person authorized by law to administer oaths. A facsimile of the acknowledged writing must be accepted if the original is not available.

     6.  If a parent giving consent to the marriage of a minor pursuant to subsection 5 has a last name different from that of the minor seeking to be married, the county clerk shall accept, as proof that the parent is the legal parent of the minor, a certified copy of the birth certificate of the minor which shows the parent’s first and middle name and which matches the first and middle name of the parent on any document listed in subsection 2.

     7.  If the authorization of a district court is required, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

     8.  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

     9.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

     Sec. 9.7.  Section 5 of chapter 9, Statutes of Nevada 2010, 26th Special Session, at page 52, is hereby amended to read as follows:

      Sec. 5.  This act becomes effective upon passage and approval . [and expires by limitation on June 30, 2011.]

     Sec. 10.  (Deleted by amendment.)

     Sec. 11.  The board of county commissioners of each county whose population is 100,000 or more but less than 700,000, in which a commercial wedding chapel has been in business for 5 years or more, shall take such actions as are necessary to ensure compliance with the provisions of section 8.5 of this act on or before July 1, 2011.

     Sec. 12.  1.  This act becomes effective upon passage and approval.

     2.  This section and sections 1 to 9.5, inclusive, and 10 and 11 of this act expire by limitation on June 30, 2013.

________

 


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

ê2011 Statutes of Nevada, Page 2047ê

 

CHAPTER 360, SB 403

Senate Bill No. 403–Committee on Judiciary

 

CHAPTER 360

 

[Approved: June 13, 2011]

 

AN ACT relating to common-interest communities; revising provisions relating to the information which must be provided by a unit’s owner in a resale transaction; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill revises provisions relating to the information which must be provided in a resale package by a unit’s owner for the benefit of a purchaser in a resale transaction.

 

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 116.4109 is hereby amended to read as follows:

     116.4109  1.  Except in the case of a sale in which delivery of a public offering statement is required, or unless exempt under subsection 2 of NRS 116.4101, a unit’s owner or his or her authorized agent shall, at the expense of the unit’s owner, furnish to a purchaser a resale package containing all of the following:

     (a) A copy of the declaration, other than any plats, the bylaws, the rules or regulations of the association and the information statement required by NRS 116.41095 . [;]

     (b) A statement from the association setting forth the amount of the monthly assessment for common expenses and any unpaid [assessment] obligation of any kind , including, without limitation, management fees, transfer fees, fines, penalties, interest, collection costs, foreclosure fees and attorney’s fees currently due from the selling unit’s owner . [;] The statement remains effective for the period specified in the statement, which must not be less than 15 working days from the date of delivery by the association to the unit’s owner or his or her agent. If the association becomes aware of an error in the statement during the period in which the statement is effective but before the consummation of the resale, the association must deliver a replacement statement to the unit’s owner or his or her agent and obtain an acknowledgment in writing by the unit’s owner or his or her agent before that consummation. Unless the unit’s owner or his or her agent receives a replacement statement, the unit’s owner or his or her agent may rely upon the accuracy of the information set forth in a statement provided by the association for the resale.

 


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

ê2011 Statutes of Nevada, Page 2048 (Chapter 360, SB 403)ê

 

     (c) A copy of the current operating budget of the association and current year-to-date financial statement for the association, which must include a summary of the reserves of the association required by NRS 116.31152 and which must include, without limitation, a summary of the information described in paragraphs (a) to (e), inclusive, of subsection 3 of NRS 116.31152 . [;]

     (d) A statement of any unsatisfied judgments or pending legal actions against the association and the status of any pending legal actions relating to the common-interest community of which the unit’s owner has actual knowledge . [;]

     (e) A statement of any transfer fees, transaction fees or any other fees associated with the resale of a unit . [; and]

     (f) In addition to any other document, a statement describing all current and expected fees or charges for each unit, including, without limitation, association fees, fines, assessments, late charges or penalties, interest rates on delinquent assessments, additional costs for collecting past due fines and charges for opening or closing any file for each unit.

     2.  The purchaser may, by written notice, cancel the contract of purchase until midnight of the fifth calendar day following the date of receipt of the resale package described in subsection 1, and the contract for purchase must contain a provision to that effect. If the purchaser elects to cancel a contract pursuant to this subsection, the purchaser must hand deliver the notice of cancellation to the unit’s owner or his or her authorized agent or mail the notice of cancellation by prepaid United States mail to the unit’s owner or his or her authorized agent. Cancellation is without penalty, and all payments made by the purchaser before cancellation must be refunded promptly. If the purchaser has accepted a conveyance of the unit, the purchaser is not entitled to:

     (a) Cancel the contract pursuant to this subsection; or

     (b) Damages, rescission or other relief based solely on the ground that the unit’s owner or his or her authorized agent failed to furnish the resale package, or any portion thereof, as required by this section.

     3.  Within 10 days after receipt of a written request by a unit’s owner or his or her authorized agent, the association shall furnish all of the following to the unit’s owner or his or her authorized agent for inclusion in the resale package:

     (a) Copies of the documents required pursuant to paragraphs (a) and (c) of subsection 1; and

     (b) A certificate containing the information necessary to enable the unit’s owner to comply with paragraphs (b), (d) and (e) of subsection 1.

     4.  If the association furnishes the documents and certificate pursuant to subsection 3:

     (a) The unit’s owner or his or her authorized agent shall include the documents and certificate in the resale package provided to the purchaser, and neither the unit’s owner nor his or her authorized agent is liable to the purchaser for any erroneous information provided by the association and included in the documents and certificate.

 


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

ê2011 Statutes of Nevada, Page 2049 (Chapter 360, SB 403)ê

 

     (b) The association may charge the unit’s owner a reasonable fee to cover the cost of preparing the certificate furnished pursuant to subsection 3. Such a fee must be based on the actual cost the association incurs to fulfill the requirements of this section in preparing the certificate. The Commission shall adopt regulations establishing the maximum amount of the fee that an association may charge for preparing the certificate.

     (c) The association may charge the unit’s owner a reasonable fee, not to exceed 25 cents per page, to cover the cost of copying the other documents furnished pursuant to subsection 3.

     (d) Except for the fees allowed pursuant to paragraphs (b) and (c), the association may not charge the unit’s owner any other fees for preparing or furnishing the documents and certificate pursuant to subsection 3.

     5.  Neither a purchaser nor the purchaser’s interest in a unit is liable for any unpaid assessment or fee greater than the amount set forth in the documents and certificate prepared by the association. If the association fails to furnish the documents and certificate within the 10 days allowed by this section, the [seller] purchaser is not liable for the delinquent assessment.

     6.  Upon the request of a unit’s owner or his or her authorized agent, or upon the request of a purchaser to whom the unit’s owner has provided a resale package pursuant to this section or his or her authorized agent, the association shall make the entire study of the reserves of the association which is required by NRS 116.31152 reasonably available for the unit’s owner, purchaser or authorized agent to inspect, examine, photocopy and audit. The study must be made available at the business office of the association or some other suitable location within the county where the common-interest community is situated or, if it is situated in more than one county, within one of those counties.

________

 


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

ê2011 Statutes of Nevada, Page 2050ê

 

CHAPTER 361, SB 414

Senate Bill No. 414–Committee on Commerce, Labor and Energy

 

CHAPTER 361

 

[Approved: June 13, 2011]

 

AN ACT relating to financial institutions; prohibiting a banking or other financial institution from unreasonably delaying a response to an offer for a sale in lieu of a foreclosure sale on real property secured by a residential mortgage loan; prohibiting a banking or other financial institution from obtaining a deficiency judgment in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Under existing law, a judgment creditor or a beneficiary of a deed of trust may obtain, after a hearing, a deficiency judgment after a foreclosure sale or trustee’s sale if it appears from the sheriff’s return or the recital of consideration in the trustee’s deed that there is a deficiency of the proceeds of the sale and a balance remaining due the judgment creditor or beneficiary of the deed of trust. For an obligation secured by a mortgage or deed of trust on or after October 1, 2009, a court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if: (1) the creditor or beneficiary is a financial institution; (2) the real property is a single-family dwelling and the debtor or grantor was the owner of the property; (3) the debtor or grantor used the loan to purchase the property; (4) the debtor or grantor occupied the property continuously after obtaining the loan; and (5) the debtor or grantor did not refinance the loan. (NRS 40.455) Section 3.5 of this bill prohibits a court from awarding a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if: (1) the creditor or beneficiary is a banking or other financial institution; (2) the real property is a single-family dwelling and the debtor or grantor was the owner of the property; (3) the debtor or grantor used the loan to purchase the property; (4) the debtor or grantor occupied the property continuously after obtaining the loan; (5) the debtor or grantor and the banking or other financial institution entered into an agreement to sell the real property to a third party for less than the indebtedness; and (6) the agreement does not state the amount of money still owed by the debtor or grantor or does not authorize the banking or other financial institution to recover that money, and contains a statement that the banking or other financial institution has waived its right to recover the amount owed. Section 3 of this bill prohibits a banking or other financial institution or its officers, managers or employees from unreasonably delaying its response to an offer for a sale in lieu of a foreclosure sale on real property secured by a residential mortgage loan.

       Under existing law, a violation of section 3 constitutes a misdemeanor and, in addition to any criminal penalty, is punishable by an administrative fine of not more than $10,000. (NRS 668.112, 668.115)

 

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

     Sec. 2.  (Deleted by amendment.)

 


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

ê2011 Statutes of Nevada, Page 2051 (Chapter 361, SB 414)ê

 

     Sec. 3.  1.  A banking or other financial institution, or an officer, manager or employee of a banking or other financial institution, shall not unreasonably delay responding to an offer for a sale in lieu of a foreclosure sale on real property secured by a residential mortgage loan.

     2.  For the purposes of this section, a person is presumed to have unreasonably delayed responding to an offer for a sale in lieu of a foreclosure sale on real property secured by a residential mortgage loan when the person fails to respond to an offer for a sale in lieu of a foreclosure sale with an acceptance or rejection of the offer within 90 days after receipt of the offer, unless the parties have agreed in writing to a delay of more than 90 days after receipt of the offer.

     3.  As used in this section:

     (a) “Banking or other financial institution” means any bank, savings and loan association, savings bank, thrift company, credit union or other financial institution that is licensed, registered or otherwise authorized to do business in this State.

     (b) “Indebtedness” has the meaning ascribed to it in NRS 40.451.

     (c) “Residential mortgage loan” has the meaning ascribed to it in NRS 645B.0132.

     (d) “Sale in lieu of a foreclosure sale” means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of foreclosure.

     Sec. 3.5.  Chapter 40 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If the judgment creditor or the beneficiary of the deed of trust who applies for a deficiency judgment is a banking or other financial institution, the court may not award a deficiency judgment to the judgment creditor or the beneficiary of the deed of trust if:

     (a) The real property is a single-family dwelling and the debtor or the grantor of the deed of trust was the owner of the real property at the time of the sale in lieu of a foreclosure sale;

     (b) The debtor or grantor used the amount for which the real property was secured by the mortgage or deed of trust to purchase the real property;

     (c) The debtor or grantor continuously occupied the real property as the debtor’s or grantor’s principal residence after securing the mortgage or deed of trust;

     (d) The debtor or grantor and the banking or other financial institution entered into an agreement to sell the real property secured by the mortgage or deed of trust to a third party for an amount less than the indebtedness secured thereby; and

     (e) The agreement entered into pursuant to paragraph (d):

           (1) Does not state the amount of money still owed to the banking or other financial institution by the debtor or grantor or does not authorize the banking or other financial institution to recover that amount from the debtor or grantor; and

 


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

ê2011 Statutes of Nevada, Page 2052 (Chapter 361, SB 414)ê

 

           (2) Contains a conspicuous statement that has been acknowledged by the signature of the debtor or grantor which provides that the banking or other financial institution has waived its right to recover the amount owed by the debtor or grantor and which sets forth the amount of recovery that is being waived.

     2.  As used in this section:

     (a) “Banking or other financial institution” means any bank, savings and loan association, savings bank, thrift company, credit union or other financial institution that is licensed, registered or otherwise authorized to do business in this State.

     (b) “Sale in lieu of a foreclosure sale” means a sale of real property pursuant to an agreement between a person to whom an obligation secured by a mortgage or other lien on real property is owed and the debtor of that obligation in which the sales price of the real property is insufficient to pay the full outstanding balance of the obligation and the costs of the sale. The term includes, without limitation, a deed in lieu of foreclosure.

     Sec. 4.  (Deleted by amendment.)

     Sec. 5.  This act becomes effective upon passage and approval.

________

CHAPTER 362, SB 419

Senate Bill No. 419–Committee on Health and Human Services

 

CHAPTER 362

 

[Approved: June 13, 2011]

 

AN ACT relating to public health; requiring certain persons who are licensed, registered or certified by the Health Division of the Department of Health and Human Services, certain district boards of health or certain boards which license, register or certify health care professionals to attest that they have knowledge of and are in compliance with certain guidelines concerning safe infection practices as a condition of the issuance or renewal of their licenses, registration or certificates; requiring certain medical laboratories licensed by the Health Division and persons who register a radiation machine with the Health Division to provide similar attestations regarding certain employees; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Sections 1, 24 and 25-30 of this bill require the Health Division of the Department of Health and Human Services, certain district boards of health and certain boards that license, register or certify health care professionals to require, as a condition of issuing or renewing a license, registration or certificate, that the applicant for issuance or renewal of the license, registration or certificate must attest to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices. Sections 24.3 and 31 of this bill similarly require certain medical laboratories licensed by the Health Division and persons who register a radiation machine with the Health Division, as a condition of issuing or renewing a license or registration, to attest that certain employees have such knowledge of and are in compliance with such guidelines.

 


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

ê2011 Statutes of Nevada, Page 2053 (Chapter 362, SB 419)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 449 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Health Division shall not issue or renew a license for a home for individual residential care unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Secs. 2-23.  (Deleted by amendment.)

     Sec. 24.  Chapter 450B of NRS is hereby amended by adding thereto a new section to read as follows:

     The health authority shall not issue or renew:

     1.  A license to an attendant or firefighter; or

     2.  A certificate as an emergency medical technician,

Ê unless the applicant for issuance or renewal of the license or certificate attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 24.3.  Chapter 459 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Health Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration attests that the radiologic technologists and nuclear medicine technologists employed by the applicant have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 24.7.  NRS 459.010 is hereby amended to read as follows:

     459.010  As used in NRS 459.010 to 459.290, inclusive, and section 24.3 of this act, unless the context requires otherwise:

     1.  “By-product material” means:

     (a) Any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or making use of special nuclear material; and

     (b) The tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore which is processed primarily for the extraction of the uranium or thorium.

     2.  “General license” means a license effective pursuant to regulations adopted by the State Board of Health without the filing of an application to transfer, acquire, own, possess or use quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

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

 


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

ê2011 Statutes of Nevada, Page 2054 (Chapter 362, SB 419)ê

 

     4.  “Ionizing radiation” means gamma rays and X rays, alpha and beta particles, high-speed electrons, neutrons, protons and other nuclear particles, but not sound or radio waves, or visible, infrared or ultraviolet light.

     5.  “Person” includes any agency or political subdivision of this State, any other state or the United States, but not the Nuclear Regulatory Commission or its successor, or any federal agency licensed by the Nuclear Regulatory Commission or any successor to such a federal agency.

     6.  “Source material” means:

     (a) Uranium, thorium or any other material which the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined that material to be source material.

     (b) Any ore containing one or more of the materials enumerated in paragraph (a) in such concentration as the Governor declares by order to be source material after the Nuclear Regulatory Commission or any successor thereto has determined the material in the concentration to be source material.

     7.  “Special nuclear material” means:

     (a) Plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235 and any other material which the Governor declares by order to be special nuclear material after the Nuclear Regulatory Commission or any successor thereto has determined such material to be special nuclear material, but does not include source material.

     (b) Any material artificially enriched by any of the materials enumerated in paragraph (a), but does not include source material.

     8.  “Specific license” means a license issued pursuant to the filing of an application to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment for utilizing, by-product material, source material, special nuclear material or other radioactive material occurring naturally or produced artificially.

     Sec. 25.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  The Board shall not issue or renew a license to practice as a physician, physician assistant or perfusionist unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     2.  In addition to the attestation provided pursuant to subsection 1, a physician shall attest that any person:

     (a) Who is under the control and supervision of the physician;

     (b) Who is not licensed pursuant to this chapter; and

     (c) Whose duties involve injection practices,

Ê has knowledge of and is in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 26.  Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Board shall not issue or renew a license to practice as a professional nurse or a practical nurse unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

 


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

ê2011 Statutes of Nevada, Page 2055 (Chapter 362, SB 419)ê

 

guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 27.  Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Board shall not issue or renew a license to practice osteopathic medicine or as a physician assistant unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 28.  Chapter 634A of NRS is hereby amended by adding thereto a new section to read as follows:

     The Board shall not issue or renew a license to practice Oriental medicine unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 29.  Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Board shall not issue or renew a license to practice podiatry unless the applicant for issuance or renewal of the license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 30.  Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Board shall not approve an application for registration or renewal of registration as a pharmacist or intern pharmacist unless the applicant for issuance or renewal of registration attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

     Sec. 31.  Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

     The Health Division shall not issue or renew a license to a medical laboratory whose licensed personnel have job duties that include the administration of injections unless the applicant for issuance or renewal of the license attests that the laboratory director and laboratory personnel whose job duties include the administration of injections have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

________

 


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

ê2011 Statutes of Nevada, Page 2056ê

 

CHAPTER 363, SB 426

Senate Bill No. 426–Committee on Finance

 

CHAPTER 363

 

[Approved: June 13, 2011]

 

AN ACT relating to energy; eliminating the Renewable Energy and Energy Efficiency Authority and the position of Nevada Energy Commissioner; requiring the Office of Energy and its Director to assume certain responsibilities of the repealed entities; transferring authority for the program to track the use of energy in buildings occupied by state agencies to the Office of Energy; revising provisions governing certain contracts necessary to carry out the program; revising provisions relating to the partial abatement of certain taxes for qualified energy systems; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law establishes a Renewable Energy and Energy Efficiency Authority and creates the position of Nevada Energy Commissioner as its head. (NRS 701.330-701.400) This bill repeals the position of Nevada Energy Commissioner and the Renewable Energy and Energy Efficiency Authority and requires the Office of Energy and its Director to assume the duties of those entities. Sections 15 and 19 of this bill give the Director of the Office of Energy the authority to add not more than three members to the State and Local Government Panel on Renewable and Efficient Energy and the New Energy Industry Task Force, respectively. Section 34 of this bill transfers responsibility for the program to track the use of energy in buildings occupied by state agencies from the Buildings and Grounds Division of the Department of Administration to the Office of Energy and authorizes the Director of the Office of Energy to enter into certain contracts to carry out the program.

       Section 23.5 of this bill revises certain provisions relating to eligibility for the partial abatement of certain taxes for certain energy systems that are used to heat or cool buildings or the water used by such buildings or to provide electricity to certain buildings or irrigation systems.

 

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 701.020 is hereby amended to read as follows:

     701.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [701.025] 701.030 to 701.090, inclusive, have the meanings ascribed to them in those sections.

     Sec. 2.  NRS 701.160 is hereby amended to read as follows:

     701.160  The Director shall prepare a report concerning the status of energy in the State of Nevada and submit it to:

     1.  The Governor [and the Commissioner] on or before [July 1] January 30 of each year; and

 


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

ê2011 Statutes of Nevada, Page 2057 (Chapter 363, SB 426)ê

 

     2.  The Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature on or before [July 1] January 30 of each [even-numbered] odd-numbered year.

     Sec. 3.  NRS 701.180 is hereby amended to read as follows:

     701.180  The Director shall:

     1.  Acquire and analyze information relating to energy and to the supply, demand and conservation of its sources, including, without limitation:

     (a) Information relating to the Solar Energy Systems Incentive Program created pursuant to NRS 701B.240 including, without limitation, information relating to:

           (1) The development of distributed generation systems in this State pursuant to participation in the Solar Energy Systems Incentive Program;

           (2) The use of carbon-based energy in residential and commercial applications due to participation in the Program; and

           (3) The average cost of generation on a kilowatt-hour basis for residential and commercial applications due to participation in the Program; and

     (b) Information relating to any money distributed pursuant to NRS 702.270.

     2.  Review and evaluate information which identifies trends and permits forecasting of the energy available to the State. Such forecasts must include estimates on:

     (a) The level of demand for energy in the State for 5-, 10- and 20-year periods;

     (b) The amount of energy available to meet each level of demand;

     (c) The probable implications of the forecast on the demand and supply of energy; and

     (d) The sources of renewable energy and other alternative sources of energy which are available and their possible effects.

     3.  Study means of reducing wasteful, inefficient, unnecessary or uneconomical uses of energy and encourage the maximum utilization of existing sources of energy in the State.

     4.  Solicit and serve as the point of contact for grants and other money from the Federal Government, including, without limitation, any grants and other money available pursuant to any program administered by the United States Department of Energy, and other sources : [to cooperate with the Commissioner and the Authority:]

     (a) To promote energy projects that enhance the economic development of the State;

     (b) To promote the use of renewable energy in this State;

     (c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

     (d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

 


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

ê2011 Statutes of Nevada, Page 2058 (Chapter 363, SB 426)ê

 

     (e) If the [Commissioner] Director determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

     5.  Coordinate the activities and programs of the Office of Energy with the activities and programs of the [Authority, the] Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

     6.  If requested to make a determination pursuant to NRS 111.239 or 278.0208, make the determination within 30 days after receiving the request. If the Director needs additional information to make the determination, the Director may request the information from the person making the request for a determination. Within 15 days after receiving the additional information, the Director shall make a determination on the request.

     7.  Carry out all other directives concerning energy that are prescribed by the Governor.

     Sec. 4.  NRS 701.190 is hereby amended to read as follows:

     701.190  1.  The [Commissioner] Director shall prepare a comprehensive state energy plan which provides for the promotion of:

     (a) Energy projects that enhance the economic development of the State;

     (b) The use of renewable energy;

     (c) The use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy; and

     (d) A program for the safe disposal and recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

     2.  The comprehensive state energy plan must include provisions for:

     (a) The assessment of the potential benefits of proposed energy projects on the economic development of the State.

     (b) The education of persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

     (c) The creation of incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

     (d) Grants and other money to establish programs and conduct activities which promote:

           (1) Energy projects that enhance the economic development of the State;

           (2) The use of renewable energy;

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

           (4) The recycling of electronic waste, electrical equipment and other waste, including, without limitation, a program for the safe disposal and recycling of compact fluorescent light bulbs.

 


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

ê2011 Statutes of Nevada, Page 2059 (Chapter 363, SB 426)ê

 

     (e) The development or incorporation by reference of model and uniform building and energy codes and standards which are written in language that is easy to understand and which include performance standards for conservation of energy and efficient use of energy.

     (f) The promotion of the development in this State of a curriculum for a program of renewable energy education and recycling education in kindergarten through grade 12.

     (g) The promotion of the development by institutions of higher education in this State of research and educational programs relating to renewable energy.

     (h) Oversight and accountability with respect to all programs and activities described in this subsection.

     (i) Any other matter that the [Commissioner] Director determines to be relevant to the issues of energy resources, energy use, energy conservation and energy efficiency.

     Sec. 5.  NRS 701.200 is hereby amended to read as follows:

     701.200  1.  The [Commissioner] Director may recommend to state agencies, local governments and appropriate private persons and entities, standards for conservation of energy and its sources and for carrying out the comprehensive state energy plan.

     2.  In recommending such standards, the [Commissioner] Director shall consider the usage of energy and its sources in the State and the methods available for conservation of those sources.

     Sec. 6.  NRS 701.210 is hereby amended to read as follows:

     701.210  The [Commissioner] Director shall:

     1.  Prepare, subject to the approval of the Governor, petroleum allocation and rationing plans for possible energy contingencies. The plans shall be carried out only by executive order of the Governor.

     2.  Carry out and administer any federal programs which authorize state participation in fuel allocation programs.

     Sec. 7.  NRS 701.220 is hereby amended to read as follows:

     701.220  1.  The [Commissioner] Director shall adopt regulations for the conservation of energy in buildings, including manufactured homes. Such regulations must include the adoption of the most recent version of the International Energy Conservation Code, issued by the International Code Council, and any amendments to the Code that will not materially lessen the effective energy savings requirements of the Code and are deemed necessary to support effective compliance and enforcement of the Code, and must establish the minimum standards for:

     (a) The construction of floors, walls, ceilings and roofs;

     (b) The equipment and systems for heating, ventilation and air-conditioning;

     (c) Electrical equipment and systems;

     (d) Insulation; and

     (e) Other factors which affect the use of energy in a building.

Ê The regulations must provide for the adoption of the most recent version of the International Energy Conservation Code, and any amendments thereto, every third year.

 


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

ê2011 Statutes of Nevada, Page 2060 (Chapter 363, SB 426)ê

 

     2.  The [Commissioner] Director may exempt a building from a standard if the [Commissioner] Director determines that application of the standard to the building would not accomplish the purpose of the regulations.

     3.  The regulations must authorize allowances in design and construction for sources of renewable energy used to supply all or a part of the energy required in a building.

     4.  The standards adopted by the [Commissioner] Director are the minimum standards for the conservation of energy and energy efficiency in buildings in this State. The governing body of a local government that is authorized by law to adopt and enforce a building code:

     (a) Except as otherwise provided in paragraph (b), shall incorporate the standards adopted by the [Commissioner] Director in its building code;

     (b) May adopt higher or more stringent standards and must report any such higher or more stringent standards, along with supporting documents, to the [Commissioner;] Director; and

     (c) Shall enforce the standards adopted.

     5.  The [Commissioner] Director shall solicit comments regarding the adoption of regulations pursuant to this section from:

     (a) Persons in the business of constructing and selling homes;

     (b) Contractors;

     (c) Public utilities;

     (d) Local building officials; and

     (e) The general public,

Ê before adopting any regulations. The [Commissioner] Director must conduct at least three hearings in different locations in the State, after giving 30 days’ notice of each hearing, before the [Commissioner] Director may adopt any regulations pursuant to this section.

     Sec. 8.  NRS 701.240 is hereby amended to read as follows:

     701.240  1.  The [Commissioner] Director shall develop a program to distribute money, within the limits of legislative appropriation, in the form of grants, incentives or rebates to persons to pay or defray, in whole or in part, the costs for those persons to acquire, install or improve net metering systems, if the [Commissioner] Director determines that the distribution of money to a person for that purpose will encourage, promote or stimulate:

     (a) The development or use of sources of renewable energy in the State or the development of industries or technologies that use sources of renewable energy in the State;

     (b) The conservation of energy in the State, the diversification of the types of energy used in the State or any reduction in the dependence of the State on foreign sources of energy;

     (c) The protection of the natural resources of the State or the improvement of the environment;

     (d) The enhancement of existing utility facilities or any other infrastructure in the State or the development of new utility facilities or any other infrastructure in the State; or

     (e) The investment of capital or the expansion of business opportunities in the State or any growth in the economy of the State.

     2.  The [Commissioner] Director may adopt any regulations that are necessary to carry out the provisions of this section.

 


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

ê2011 Statutes of Nevada, Page 2061 (Chapter 363, SB 426)ê

 

     3.  The [Commissioner] Director shall not distribute money to any person pursuant to this section unless:

     (a) The person complies with any requirements that the [Commissioner] Director adopts by regulation; and

     (b) The distribution of the money is consistent with one or more of the public purposes set forth in paragraphs (a) to (e), inclusive, of subsection 1.

     4.  As used in this section, “person” includes, without limitation, any state or local governmental agency or entity.

     Sec. 9.  NRS 701.250 is hereby amended to read as follows:

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

     2.  The regulations must include, without limitation:

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

     (b) Provisions prescribing a form to be used pursuant to NRS 113.115, including, without limitation, provisions that require a portion of the form to provide information on programs created pursuant to NRS 702.275 and other programs of improving energy conservation and energy efficiency in residential property.

     3.  As used in this section:

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

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

     Sec. 10.  NRS 701.260 is hereby amended to read as follows:

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

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

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

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

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

 


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

ê2011 Statutes of Nevada, Page 2062 (Chapter 363, SB 426)ê

 

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

     Sec. 11.  NRS 701.370 is hereby amended to read as follows:

     701.370  1.  The Trust Fund for Renewable Energy and Energy Conservation is hereby created in the State Treasury.

     2.  The [Authority] Director shall administer the Fund. As administrator of the Fund, the [Authority:] Director:

     (a) Shall maintain the financial records of the Fund;

     (b) Shall invest the money in the Fund as the money in other state funds is invested;

     (c) Shall manage any account associated with the Fund;

     (d) Shall maintain any instruments that evidence investments made with the money in the Fund;

     (e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

     (f) May perform any other duties that are necessary to administer the Fund.

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

     4.  Not more than 2 percent of the money in the Fund may be used to pay the costs of administering the Fund.

     5.  The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

     6.  All money that is deposited or paid into the Fund may only be expended pursuant to an allocation made by the [Authority.] Director. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.

     Sec. 12.  NRS 701.380 is hereby amended to read as follows:

     701.380  1.  The [Authority] Director shall:

     (a) Coordinate [its] the activities and programs of the Office of Energy with the activities and programs of the [Office of Energy, the] Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

     (b) Spend the money in the Trust Fund for Renewable Energy and Energy Conservation to:

           (1) Educate persons and entities concerning renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

           (2) Create incentives for investment in and the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

 


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

ê2011 Statutes of Nevada, Page 2063 (Chapter 363, SB 426)ê

 

           (3) Distribute grants and other money to establish programs and projects which incorporate the use of renewable energy and measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

           (4) Conduct feasibility studies, including, without limitation, any feasibility studies concerning the establishment or expansion of any grants, incentives, rebates or other programs to enable or assist persons to reduce the cost of purchasing distributed generation systems and on-site generation systems and net metering systems that use renewable energy.

     (c) Take any other actions that the [Authority] Director deems necessary to carry out [its] the duties [,] of the Office of Energy, including, without limitation, contracting with consultants, if necessary, for the purposes of program design or to assist the [Authority] Director in carrying out [its] the duties [.] of the Office.

     2.  The [Authority] Director shall prepare an annual report concerning [its] the activities and programs of the Office of Energy and submit the report to the Legislative Commission and the Governor on or before January 30 of each year. The annual report must include, without limitation:

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

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

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

     (d) An analysis of the coordination between the [Authority] Office of Energy and other officers and agencies; and

     (e) Any changes planned for each activity and program.

     3.  As used in this section:

     (a) “Distributed generation system” means a facility or system for the generation of electricity that is in close proximity to the place where the electricity is consumed:

           (1) That uses renewable energy as defined in NRS 704.7811 to generate electricity;

           (2) That is located on the property of a customer of an electric utility;

           (3) That is connected on the customer’s side of the electricity meter;

           (4) That provides electricity primarily to offset customer load on that property; and

           (5) The excess generation from which is periodically exported to the grid in accordance with the provisions governing net metering systems used by customer-generators pursuant to NRS 704.766 to 704.775, inclusive.

     (b) “Electric utility” has the meaning ascribed to it in NRS 704.7571.

     Sec. 13.  NRS 701.390 is hereby amended to read as follows:

     701.390  The [Commissioner] Director shall:

     1.  Utilize all available public and private means to:

     (a) Provide information to the public about issues relating to energy and to explain how conservation of energy and its sources may be accomplished; and

 


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

ê2011 Statutes of Nevada, Page 2064 (Chapter 363, SB 426)ê

 

     (b) Work with educational and research institutions, trade associations and any other public and private entities in this State to create a database for information on technological development, financing opportunities and federal and state policy developments regarding renewable energy and energy efficiency.

     2.  Encourage the development of any sources of renewable energy and any energy projects which will benefit the State and any measures which conserve or reduce the demand for energy or which result in more efficient use of energy, including, without limitation, by:

     (a) Identifying appropriate areas in this State for the development of sources of renewable energy, based on:

           (1) Assessments of solar, wind and geothermal potential;

           (2) Evaluations of natural resource constraints;

           (3) Current electric transmission infrastructure and capacity; and

           (4) The feasibility of the construction of new electric transmission lines;

     (b) Working with renewable energy developers to locate their projects within appropriate areas of this State, including, without limitation, assisting the developers to interact with the Bureau of Land Management, the Department of Defense and other federal agencies in:

           (1) Expediting land leases;

           (2) Resolving site issues; and

           (3) Receiving permits for projects on public lands within the appropriate areas of this State;

     (c) Coordinating the planning of renewable energy projects in appropriate areas of this State to establish a mix of solar, wind and geothermal renewable energy systems that create a reliable source of energy and maximize the use of current or future transmission lines and infrastructure; and

     (d) Developing proposals for the financing of future electric transmission projects for renewable energy if no such financing proposals exist.

     3.  Review jointly with the Nevada System of Higher Education the policies of this State relating to the research and development of the geothermal energy resources in this State and make recommendations to the appropriate state and federal agencies concerning methods for the development of those resources.

     4.  If the [Commissioner] Director determines that it is feasible and cost-effective, enter into contracts with researchers from the Nevada System of Higher Education:

     (a) To conduct environmental studies relating to the identification of appropriate areas in this State for the development of renewable energy resources, including, without limitation, hydrologic studies, solar resource mapping studies and wind power modeling studies; and

     (b) For the development of technologies that will facilitate the energy efficiency of the electricity grid for this State, including, without limitation, meters that facilitate energy efficiency for consumers of electricity.

     (c) For the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State with energy efficiency measures.

 


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

ê2011 Statutes of Nevada, Page 2065 (Chapter 363, SB 426)ê

 

     5.  [Cooperate with the Director:

     (a) To promote energy projects that enhance the economic development of the State;

     (b) To promote the use of renewable energy in this State;

     (c) To promote the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy;

     (d) To develop a comprehensive program for retrofitting public buildings in this State with energy efficiency measures; and

     (e) If the Commissioner determines that it is feasible and cost-effective, to enter into contracts with researchers from the Nevada System of Higher Education for the design of energy efficiency and retrofit projects to carry out the comprehensive program for retrofitting public buildings in this State developed pursuant to paragraph (d).

     6.  Coordinate the activities and programs of the Authority with the activities and programs of the Office of Energy, the Consumer’s Advocate and the Public Utilities Commission of Nevada, and with other federal, state and local officers and agencies that promote, fund, administer or operate activities and programs related to the use of renewable energy and the use of measures which conserve or reduce the demand for energy or which result in more efficient use of energy.

     7.]  Carry out all other directives concerning energy that are prescribed by the Legislature.

     Sec. 14.  NRS 701.400 is hereby amended to read as follows:

     701.400  The [Commissioner] Director may:

     1.  [Administer any gifts or grants which the Authority is authorized to accept.

     2.  To the extent not inconsistent with the terms or conditions of a gift, grant, appropriation or authorization, expend money received from those gifts or grants or from any money received through legislative appropriations or authorizations to contract with qualified persons or institutions for research in the production and efficient use of energy resources.

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

     4.]  Participate in any program established by the Federal Government relating to sources of energy and adopt regulations to carry out such a program.

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

     [6.  Adopt any regulations that the Commissioner determines are necessary to carry out the duties of the Commissioner or the Authority.

     7.  Within the limits of legislative appropriations and other money authorized for expenditure for such purposes, negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Commissioner or the Authority.]

     Sec. 15.  NRS 701.450 is hereby amended to read as follows:

     701.450  1.  The State and Local Government Panel on Renewable and Efficient Energy is hereby created.

 


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

ê2011 Statutes of Nevada, Page 2066 (Chapter 363, SB 426)ê

 

     2.  [The] Except as otherwise provided in subsection 3, the Panel consists of the [Commissioner] Director and the following seven members appointed by the [Commissioner:] Director:

     (a) A representative of the State Public Works Board;

     (b) A representative of the Housing Division of the Department of Business and Industry;

     (c) A representative of the Buildings and Grounds Division of the Department of Administration;

     (d) A representative of the Department of Wildlife;

     (e) A representative of the Nevada Association of Counties or its successor organization;

     (f) A representative of the Nevada League of Cities or its successor organization; and

     (g) A representative of the Nevada Association of School Boards or its successor organization.

     3.  The Director may appoint not more than three additional members to the Panel to represent state and local government agencies or private industry in the field of renewable energy or energy efficiency.

     Sec. 16.  NRS 701.455 is hereby amended to read as follows:

     701.455  1.  The [Commissioner] Director is the Chair of the Panel.

     2.  The members of the Panel shall meet at the call of the [Commissioner.] Director. The Panel shall prescribe regulations for its management and government.

     3.  A majority of the members of the Panel constitutes a quorum, and a quorum may exercise all the powers conferred on the Panel.

     4.  The members of the Panel serve at the pleasure of the [Commissioner.] Director.

     5.  The members of the Panel serve without compensation.

     6.  The members of the Panel who are state employees:

     (a) Must be relieved from their duties without loss of their regular compensation to perform their duties relating to the Panel in the most timely manner practicable; and

     (b) May not be required to make up the time they are absent from work to fulfill their obligations as members of the Panel or to take annual leave or compensatory time for the absence.

     Sec. 17.  NRS 701.460 is hereby amended to read as follows:

     701.460  The Panel:

     1.  Shall advise the [Commissioner and the Authority] Director on the viability and progress of energy efficiency and renewable energy retrofit projects at public buildings and schools; and

     2.  May apply for any available grants and accept any gifts, grants or donations to assist the Panel in carrying out its duties pursuant to this section.

     Sec. 18.  NRS 701.465 is hereby amended to read as follows:

     701.465  The [Authority] Office of Energy shall provide the personnel, facilities, equipment and supplies required by the Panel to carry out the provisions of NRS 701.450 to 701.465, inclusive.

     Sec. 19.  NRS 701.500 is hereby amended to read as follows:

     701.500  1.  The New Energy Industry Task Force is hereby created.

     2.  [The] Except as otherwise provided in subsection 3, the Task Force consists of the [Commissioner] Director and the following eight members who must be appointed by the [Commissioner:] Director:

 


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

ê2011 Statutes of Nevada, Page 2067 (Chapter 363, SB 426)ê

 

     (a) A representative of the large-scale solar energy industry in this State;

     (b) A representative of the geothermal energy industry in this State;

     (c) A representative of the wind energy industry in this State;

     (d) A representative of the distributed generation industry, energy efficiency equipment and installation industry or manufacturers of equipment for renewable energy power plants in this State;

     (e) A representative of an electric utility in this State;

     (f) A representative of an organization in this State that advocates on behalf of environmental or public lands issues who has expertise in or knowledge of environmental or public lands issues;

     (g) A representative of a labor organization in this State; and

     (h) A representative of an organization that represents contractors in this State.

     3.  The Director may appoint not more than three additional members to the Task Force to represent state and local government agencies or private industry in the field of renewable energy or energy efficiency.

     Sec. 20.  NRS 701.505 is hereby amended to read as follows:

     701.505  1.  The [Commissioner] Director is the Chair of the Task Force.

     2.  The members of the Task Force shall meet at the call of the [Commissioner.] Director. The Task Force shall prescribe regulations for its management and government.

     3.  A majority of the members of the Task Force constitutes a quorum, and a quorum may exercise all the powers conferred on the Task Force.

     4.  The members of the Task Force serve at the pleasure of the [Commissioner.] Director.

     5.  The members of the Task Force serve without compensation.

     Sec. 21.  NRS 701.510 is hereby amended to read as follows:

     701.510  The Task Force:

     1.  Shall advise the [Commissioner and the Authority] Director on measures to promote the development of renewable energy and energy efficiency projects in this State; and

     2.  May apply for any available grants and accept any gifts, grants or donations to assist the Task Force in carrying out its duties pursuant to this section.

     Sec. 22.  NRS 701.515 is hereby amended to read as follows:

     701.515  The [Authority] Director shall provide the personnel, facilities, equipment and supplies required by the Task Force to carry out the provisions of NRS 701.500 to 701.515, inclusive.

     Sec. 23.  NRS 701A.110 is hereby amended to read as follows:

     701A.110  1.  Except as otherwise provided in this section, the Director shall grant a partial abatement from the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, on a building or other structure that is determined to meet the equivalent of the silver level or higher by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100, if:

     (a) No funding is provided by any governmental entity in this State for the acquisition, design or construction of the building or other structure or for the acquisition of any land therefor. For the purposes of this paragraph:

 


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

ê2011 Statutes of Nevada, Page 2068 (Chapter 363, SB 426)ê

 

           (1) Private activity bonds must not be considered funding provided by a governmental entity.

           (2) The term “private activity bond” has the meaning ascribed to it in 26 U.S.C. § 141.

     (b) The owner of the property:

           (1) Submits an application for the partial abatement to the Director. If such an application is submitted for a project that has not been completed on the date of that submission and there is a significant change in the scope of the project after that date, the application must be amended to include the change or changes.

           (2) Except as otherwise provided in this subparagraph, provides to the Director, within 48 months after applying for the partial abatement, proof that the building or other structure meets the equivalent of the silver level or higher, as determined by an independent contractor authorized to make that determination in accordance with the Green Building Rating System adopted by the Director pursuant to NRS 701A.100. The Director may, for good cause shown, extend the period for providing such proof.

           (3) Files a copy of each application and amended application submitted to the Director pursuant to subparagraph (1) with the:

                (I) Chief of the Budget Division of the Department of Administration;

                (II) Department of Taxation;

                (III) County assessor;

                 (IV) County treasurer;

                (V) Commission on Economic Development;

                (VI) Board of county commissioners; and

                (VII) City manager and city council, if any.

     2.  As soon as practicable after the Director receives the application and proof required by subsection 1, the Director shall determine whether the building or other structure is eligible for the abatement and, if so, forward a certificate of eligibility for the abatement to the:

     (a) Department of Taxation;

     (b) County assessor;

     (c) County treasurer; and

     (d) Commission on Economic Development.

     3.  [As soon as practicable after receiving a copy of:

     (a) An application pursuant to subparagraph (3) of paragraph (b) of subsection 1:

           (1)] The Director may, with the assistance of the Chief of the Budget Division [shall] and the Department of Taxation, publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State [; and

           (2) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement] and on each affected local government . [, and] If the Director publishes a fiscal note that estimates the fiscal impact of the partial abatement on local government, the Director shall forward a copy of the fiscal note to each affected local government.

 


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

ê2011 Statutes of Nevada, Page 2069 (Chapter 363, SB 426)ê

 

     [(b) A] As soon as practicable after receiving a copy of a certificate of eligibility pursuant to subsection 2, the Department of Taxation shall forward a copy of the certificate to each affected local government.

     4.  The partial abatement:

     (a) Must be for a duration of not more than 10 years and in an annual amount that equals, for a building or other structure that meets the equivalent of:

           (1) The silver level, 25 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land;

           (2) The gold level, 30 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land; or

           (3) The platinum level, 35 percent of the portion of the taxes imposed pursuant to chapter 361 of NRS, other than any taxes imposed for public education, that would otherwise be payable for the building or other structure, excluding the associated land.

     (b) Does not apply during any period in which the owner of the building or other structure is receiving another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS.

     (c) Terminates upon any determination by the Director that the building or other structure has ceased to meet the equivalent of the silver level or higher. The Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the building or other structure has ceased to meet that standard. The Director shall immediately provide notice of each determination of termination to the:

           (1) Department of Taxation, who shall immediately notify each affected local government of the determination;

           (2) County assessor;

           (3) County treasurer; and

           (4) Commission on Economic Development.

     5.  The Director shall adopt regulations:

     (a) Establishing the qualifications and methods to determine eligibility for the abatement;

     (b) Prescribing such forms as will ensure that all information and other documentation necessary to make an appropriate determination is filed with the Director; and

     (c) Prescribing the criteria for determining when there is a significant change in the scope of a project for the purposes of subparagraph (1) of paragraph (b) of subsection 1,

Ê and the Department of Taxation shall adopt such additional regulations as it determines to be appropriate to carry out the provisions of this section.

     6.  As used in this section:

     (a) “Building or other structure” does not include any building or other structure for which the principal use is as a residential dwelling for not more than four families.

 


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

ê2011 Statutes of Nevada, Page 2070 (Chapter 363, SB 426)ê

 

     (b) “Director” means the Director of the Office of Energy appointed pursuant to NRS 701.150.

     (c) “Taxes imposed for public education” means:

           (1) Any ad valorem tax authorized or required by chapter 387 of NRS;

           (2) Any ad valorem tax authorized or required by chapter 350 of NRS for the obligations of a school district, including, without limitation, any ad valorem tax necessary to carry out the provisions of subsection 5 of NRS 350.020; and

           (3) Any other ad valorem tax for which the proceeds thereof are dedicated to the public education of pupils in kindergarten through grade 12.

     Sec. 23.5.  NRS 701A.200 is hereby amended to read as follows:

     701A.200  1.  For purposes of the assessment of property pursuant to chapter 361 of NRS:

     (a) Except as otherwise provided in paragraph (b), [the value of] a qualified system [must not be included in the assessed value of a building.] is exempt from taxation.

     (b) [Any value added by a] A qualified system [must be included in the assessed value of a commercial or industrial building during] is not exempt from taxation:

          (1) During any period in which the [business that owns the commercial or industrial building] qualified system is [receiving] subject to another abatement or exemption pursuant to this chapter or NRS 361.045 to 361.159, inclusive, from the taxes imposed pursuant to chapter 361 of NRS [.] ; or

           (2) If the system is constructed after July 1, 2009, and is part of a facility which is eligible for a partial abatement of taxes pursuant to NRS 701A.360.

     2.  The [Department of Taxation] Nevada Tax Commission shall adopt such regulations as it determines to be necessary for the administration of this section.

     3.  As used in this section, “qualified system” means any system, method, construction, installation, machinery, equipment, device or appliance which is designed, constructed or installed in [a residential, commercial or industrial building] or adjacent to one or more buildings or an irrigation system in an agricultural operation to heat or cool the building or buildings or water used in the building [,] or buildings, or to provide electricity used in the building [,] or buildings or irrigation system regardless of whether the owner of the system, building or buildings or irrigation system participates in net metering pursuant to NRS 704.766 to 704.775, inclusive, by using:

     (a) Energy from the wind or from solar devices ; [not thermally insulated from the area where the energy is used;]

     (b) Geothermal resources;

     (c) Energy derived from conversion of solid wastes; or

     (d) Waterpower,

Ê which conforms to standards established by regulation of the [Department of Taxation.] Nevada Tax Commission.

     Sec. 24.  NRS 701A.360 is hereby amended to read as follows:

     701A.360  1.  A person who intends to locate a facility for the generation of process heat from solar renewable energy, a wholesale facility for the generation of electricity from renewable energy, a facility for the generation of electricity from geothermal resources or a facility for the transmission of electricity produced from renewable energy or geothermal resources in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS.

 


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

ê2011 Statutes of Nevada, Page 2071 (Chapter 363, SB 426)ê

 

generation of electricity from geothermal resources or a facility for the transmission of electricity produced from renewable energy or geothermal resources in this State may apply to the Director for a partial abatement of the local sales and use taxes, the taxes imposed pursuant to chapter 361 of NRS, or both local sales and use taxes and taxes imposed pursuant to chapter 361 of NRS.

     2.  A facility that is owned, operated, leased or otherwise controlled by a governmental entity is not eligible for an abatement pursuant to NRS 701A.300 to 701A.390, inclusive.

     3.  As soon as practicable after the Director receives an application for a partial abatement, the Director shall [submit the application to the Commissioner and] forward a copy of the application to:

     (a) The Chief of the Budget Division of the Department of Administration;

     (b) The Department of Taxation;

     (c) The board of county commissioners;

     (d) The county assessor;

     (e) The county treasurer; and

     (f) The Commission on Economic Development.

     4.  With the copy of the application forwarded to the county treasurer, the Director shall include a notice that the local jurisdiction may request a presentation regarding the facility. A request for a presentation must be made within 30 days after receipt of the application.

     5.  The [Commissioner] Director shall hold a public hearing on the application. The hearing must not be held earlier than 30 days after all persons listed in subsection 3 have received a copy of the application.

     Sec. 25.  NRS 701A.365 is hereby amended to read as follows:

     701A.365  1.  Except as otherwise provided in subsection 2, the [Commissioner] Director shall approve an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, if the [Commissioner] Director makes the following determinations:

     (a) The applicant has executed an agreement with the [Commissioner] Director which must:

           (1) State that the facility will, after the date on which a certificate of eligibility for the abatement is issued pursuant to NRS 701A.370, continue in operation in this State for a period specified by the [Commissioner,] Director, which must be at least 10 years, and will continue to meet the eligibility requirements for the abatement; and

           (2) Bind the successors in interest in the facility for the specified period.

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

     (c) No funding is or will be provided by any governmental entity in this State for the acquisition, design or construction of the facility or for the acquisition of any land therefor, except any private activity bonds as defined in 26 U.S.C. § 141.

     (d) If the facility will be located in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the facility meets the following requirements:

 


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

ê2011 Statutes of Nevada, Page 2072 (Chapter 363, SB 426)ê

 

           (1) There will be 75 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the [Commissioner] Director for good cause, at least 30 percent who are residents of Nevada;

           (2) Establishing the facility will require the facility to make a capital investment of at least $10,000,000 in this State;

           (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

           (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the [Commissioner] Director by regulation pursuant to NRS 701A.390.

     (e) If the facility will be located in a county whose population is less than 100,000 or a city whose population is less than 60,000, the facility meets the following requirements:

           (1) There will be 50 or more full-time employees working on the construction of the facility during the second quarter of construction, including, unless waived by the [Commissioner] Director for good cause, at least 30 percent who are residents of Nevada;

           (2) Establishing the facility will require the facility to make a capital investment of at least $3,000,000 in this State;

           (3) The average hourly wage that will be paid by the facility to its employees in this State is at least 110 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year; and

           (4) The average hourly wage of the employees working on the construction of the facility will be at least 150 percent of the average statewide hourly wage, excluding management and administrative employees, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                (I) The employees working on the construction of the facility must be provided a health insurance plan that includes an option for health insurance coverage for dependents of the employees; and

                (II) The cost of the benefits provided to the employees working on the construction of the facility will meet the minimum requirements for benefits established by the [Commissioner] Director by regulation pursuant to NRS 701A.390.

 


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

ê2011 Statutes of Nevada, Page 2073 (Chapter 363, SB 426)ê

 

     (f) The financial benefits that will result to this State from the employment by the facility of the residents of this State and from capital investments by the facility in this State will exceed the loss of tax revenue that will result from the abatement.

     2.  The [Commissioner] Director shall not approve an application for a partial abatement of the taxes imposed pursuant to chapter 361 of NRS submitted pursuant to NRS 701A.360 by a facility for the generation of electricity from geothermal resources unless the application is approved pursuant to this subsection. The board of county commissioners of a county must approve or deny the application not later than 30 days after the board receives a copy of the application. The board of county commissioners must not condition the approval of the application on a requirement that the facility for the generation of electricity from geothermal resources agree to purchase, lease or otherwise acquire in its own name or on behalf of the county any infrastructure, equipment, facilities or other property in the county that is not directly related to or otherwise necessary for the construction and operation of the facility. If the board of county commissioners does not approve or deny the application within 30 days after the board receives the application, the application shall be deemed denied.

     3.  Notwithstanding the provisions of subsection 1, the [Commissioner] Director may, if the [Commissioner] Director determines that such action is necessary:

     (a) Approve an application for a partial abatement for a facility that does not meet the requirements set forth in paragraph (d) or (e) of subsection 1; or

     (b) Add additional requirements that a facility must meet to qualify for a partial abatement.

     Sec. 26.  NRS 701A.370 is hereby amended to read as follows:

     701A.370  1.  If the [Commissioner] Director approves an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, of:

     (a) Property taxes imposed pursuant to chapter 361 of NRS, the partial abatement must:

           (1) Be for a duration of the 20 fiscal years immediately following the date of approval of the application;

           (2) Be equal to 55 percent of the taxes on real and personal property payable by the facility each year; and

           (3) Not apply during any period in which the facility is receiving another abatement or exemption from property taxes imposed pursuant to chapter 361 of NRS, other than any partial abatement provided pursuant to NRS 361.4722.

     (b) Local sales and use taxes:

           (1) The partial abatement must:

                (I) Be for the 3 years beginning on the date of approval of the application;

                (II) Be equal to that portion of the combined rate of all the local sales and use taxes payable by the facility each year which exceeds 0.25 percent; and

                (III) Not apply during any period in which the facility is receiving another abatement or exemption from local sales and use taxes.

 


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

ê2011 Statutes of Nevada, Page 2074 (Chapter 363, SB 426)ê

 

           (2) The Department of Taxation shall issue to the facility a document certifying the abatement which can be presented to retailers at the time of sale. The document must clearly state that the purchaser is only required to pay sales and use taxes imposed in this State at the rate of 2.25 percent.

     2.  Upon approving an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, the [Commissioner] Director shall immediately [notify the Director of the terms of the abatement and the Director shall immediately] forward a certificate of eligibility for the abatement to:

     (a) The Department of Taxation;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     Sec. 27.  NRS 701A.375 is hereby amended to read as follows:

     701A.375  1.  [As soon as practicable after receiving a copy of an application pursuant to NRS 701A.360:

     (a)] The Director may, with the assistance of the Chief of the Budget Division of the Department of Administration [shall] and the Department of Taxation, publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement on the State and [forward a copy of the fiscal note to the Director for submission to the Commissioner; and

     (b) The Department of Taxation shall publish a fiscal note that indicates an estimate of the fiscal impact of the partial abatement] on each affected local government . [, and] If the Director publishes a fiscal note that estimates the fiscal impact of the partial abatement on local government, the Director shall forward a copy of the fiscal note to each affected local government . [and to the Director for submission to the Commissioner.]

     2.  As soon as practicable after receiving a copy of a certificate of eligibility pursuant to NRS 701A.370, the Department of Taxation shall forward a copy of the certificate to each affected local government.

     Sec. 28.  NRS 701A.380 is hereby amended to read as follows:

     701A.380  1.  A partial abatement approved by the [Commissioner] Director pursuant to NRS 701A.300 to 701A.390, inclusive, terminates upon any determination by the [Commissioner] Director that the facility has ceased to meet any eligibility requirements for the abatement.

     2.  The [Commissioner] Director shall provide notice and a reasonable opportunity to cure any noncompliance issues before making a determination that the facility has ceased to meet those requirements.

     3.  The [Commissioner] Director shall immediately provide notice of each determination of termination [to the Director, and the Director shall immediately provide a copy of the notice] to:

     (a) The Department of Taxation, which shall immediately notify each affected local government of the determination;

     (b) The board of county commissioners;

     (c) The county assessor;

     (d) The county treasurer; and

     (e) The Commission on Economic Development.

     Sec. 29.  NRS 701A.385 is hereby amended to read as follows:

     701A.385  Notwithstanding any statutory provision to the contrary, if the [Commissioner] Director approves an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, of:

 


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

ê2011 Statutes of Nevada, Page 2075 (Chapter 363, SB 426)ê

 

     1.  Property taxes imposed pursuant to chapter 361 of NRS, the amount of all the property taxes which are collected from the facility for the period of the abatement must be allocated and distributed in such a manner that:

     (a) Forty-five percent of that amount is deposited in the Renewable Energy Fund created by NRS 701A.450; and

     (b) Fifty-five percent of that amount is distributed to the local governmental entities that would otherwise be entitled to receive those taxes in proportion to the relative amount of those taxes those entities would otherwise be entitled to receive.

     2.  Local sales and use taxes, the State Controller shall allocate, transfer and remit an amount equal to all the sales and use taxes imposed in this State and collected from the facility for the period of the abatement in the same manner as if that amount consisted solely of the proceeds of taxes imposed by NRS 374.110 and 374.190.

     Sec. 30.  NRS 701A.390 is hereby amended to read as follows:

     701A.390  The [Commissioner:] Director:

     1.  Shall adopt regulations:

     (a) Prescribing the minimum level of benefits that a facility must provide to its employees if the facility is going to use benefits paid to employees as a basis to qualify for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive;

     (b) Prescribing such requirements for an application for a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, as will ensure that all information and other documentation necessary for the [Commissioner] Director to make an appropriate determination is filed with the Director;

     (c) Requiring each recipient of a partial abatement pursuant to NRS 701A.300 to 701A.390, inclusive, to file annually with the Director [, for submission to the Commissioner,] such information and documentation as may be necessary for the [Commissioner] Director to determine whether the recipient is in compliance with any eligibility requirements for the abatement; and

     (d) Regarding the capital investment that a facility must make to meet the requirement set forth in paragraph (d) or (e) of subsection 1 of NRS 701A.365; and

     2.  May adopt such other regulations as the [Commissioner] Director determines to be necessary to carry out the provisions of NRS 701A.300 to 701A.390, inclusive.

     Sec. 31.  NRS 701A.450 is hereby amended to read as follows:

     701A.450  1.  The Renewable Energy Fund is hereby created.

     2.  The [Nevada Energy Commissioner] Director of the Office of Energy appointed pursuant to NRS [701.340] 701.150 shall administer the Fund.

     3.  The interest and income earned on the money in the Fund must be credited to the Fund.

     4.  Not less than 75 percent of the money in the Fund must be used to offset the cost of electricity to retail customers of a public utility that is subject to the portfolio standard established by the Public Utilities Commission of Nevada pursuant to NRS 704.7821.

     5.  The [Nevada Energy Commissioner] Director of the Office of Energy may establish other uses of the money in the Fund by regulation.

 


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

ê2011 Statutes of Nevada, Page 2076 (Chapter 363, SB 426)ê

 

     Sec. 32.  NRS 704.764 is hereby amended to read as follows:

     704.764  1.  The Commission shall adopt regulations requiring each electric utility to disclose to its retail customers information about the safe disposal and recycling of electronic waste, electrical systems and other waste, including, without limitation, compact fluorescent light bulbs, in accordance with the comprehensive state energy plan established by the [Nevada Energy Commissioner] Director of the Office of Energy pursuant to NRS 701.190. The disclosure must:

     (a) Be in a standard, uniform format established by the Commission by regulation; and

     (b) Be included:

           (1) At least two times each calendar year, as an insert in the bills that the electric utility sends to its retail customers; and

           (2) If the electric utility maintains a website on the Internet or any successor to the Internet, on that website.

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

     Sec. 33.  NRS 113.115 is hereby amended to read as follows:

     113.115  1.  Except as otherwise provided in subsection 3, the seller shall have the energy consumption of the residential property evaluated pursuant to the program established in NRS 701.250.

     2.  Except as otherwise provided in subsection 4, before closing a transaction for the conveyance of residential property, the seller shall serve the purchaser with the completed evaluation required pursuant to subsection 1, if any, on a form to be provided by the [Nevada Energy Commissioner,] Director of the Office of Energy, as prescribed in regulations adopted pursuant to NRS 701.250.

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

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

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

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

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

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

     Sec. 34.  NRS 331.095 is hereby amended to read as follows:

     331.095  1.  The [Chief] Director of the Office of Energy shall establish a program to track the use of energy in buildings owned by the State and in other buildings which are occupied by a state agency and whose owners comply with the program pursuant to subsection 6.

     2.  The program established pursuant to this section must:

     (a) Record utility bills for each building for each month and preserve those records indefinitely;

 


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

ê2011 Statutes of Nevada, Page 2077 (Chapter 363, SB 426)ê

 

     (b) Allow for the comparison of utility bills for a building from month to month and year to year;

     (c) Allow for the comparison of utility bills between buildings, including comparisons between similar buildings or types of buildings;

     (d) Allow for adjustments to the information based upon variations in weather conditions, the length of the billing period and other changes in relevant conditions;

     (e) Facilitate identification of errors in utility bills and meter readings;

     (f) Allow for the projection of costs for energy for a building; and

     (g) Identify energy and cost savings associated with efforts to conserve energy.

     3.  The [Chief] Director of the Office of Energy may apply for any available grants and accept any gifts, grants or donations to assist in establishing and carrying out the program.

     4.  In accordance with, and out of any money received pursuant to, the American Recovery and Reinvestment Act of 2009, Public Law 111-5, the Interim Finance Committee may determine an amount of money to be used by the [Chief] Director of the Office of Energy to fulfill the requirements of subsection 1.

     5.  To the extent that there is not sufficient money available for the support of the program, each state agency that occupies a building in which the use of energy is tracked pursuant to the program shall reimburse the [Buildings and Grounds Division] Office of Energy for the agency’s proportionate share of the unfunded portion of the cost of the program. The reimbursement must be based upon the energy consumption of the respective state agencies that occupy buildings in which the use of energy is tracked.

     6.  Notwithstanding any other provision of law, an owner of a building who enters into a contract with a state agency for occupancy in the building:

     (a) If the contract is entered into before May 28, 2009, may comply with the program; and

     (b) If the contract is entered into on or after May 28, 2009, shall, to the extent practicable as determined by the [Chief,] Director of the Office of Energy, comply with the program.

Ê If an owner chooses not to comply with the program pursuant to paragraph (a), a state or local agency shall not, after May 28, 2009, enter into a contract for occupancy of a building owned by the owner, except that the Chief may authorize a state or local agency to enter into a contract for the occupancy of a building owned by an owner who does not comply with the program if the [Chief] Director of the Office of Energy determines that it is impracticable for the owner to comply with the program.

     7.  The Chief shall provide such assistance to the Director of the Office of Energy as is necessary to carry out the provisions of this section.

     8.  The Director of the Office of Energy may, pursuant to chapter 333 of NRS, enter into contracts for any engineering, procurement and construction services necessary to carry out the provisions of this section. A contract entered into pursuant to this subsection is not subject to the provisions of chapter 333A of NRS. A contractor who enters into a contract with the Director of the Office of Energy pursuant to this subsection shall submit to the State Public Works Board a copy of any building permit required for any work performed under the contract.

 


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

ê2011 Statutes of Nevada, Page 2078 (Chapter 363, SB 426)ê

 

     Sec. 35.  NRS 332.430 is hereby amended to read as follows:

     332.430  A qualified service company shall provide to the [Renewable Energy and Energy Efficiency Authority] Office of Energy information concerning each performance contract which the qualified service company enters into pursuant to NRS 332.300 to 332.440, inclusive, including, without limitation, the name of the project, the local government for which the project is being carried out and the expected operating cost savings. The [Renewable Energy and Energy Efficiency Authority] Office of Energy may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.

     Sec. 36.  NRS 333A.080 is hereby amended to read as follows:

     333A.080  1.  The State Public Works Board shall determine those companies that satisfy the requirements of qualified service companies for the purposes of this chapter. In making such a determination, the State Public Works Board shall enlist the assistance of the staffs of the [Renewable Energy and Energy Efficiency Authority,] Office of Energy, the Buildings and Grounds Division of the Department of Administration and the Purchasing Division of the Department of Administration. The State Public Works Board shall prepare and issue a request for qualifications to not less than three potential qualified service companies.

     2.  In sending out a request for qualifications, the State Public Works Board:

     (a) Shall attempt to identify at least one potential qualified service company located within this State; and

     (b) May consider whether and to what extent the companies to which the request for qualifications will be sent will use local contractors.

     3.  The State Public Works Board shall adopt, by regulation, criteria to determine those companies that satisfy the requirements of qualified service companies. The criteria for evaluation must include, without limitation, the following areas as substantive factors to assess the capability of such companies:

     (a) Design;

     (b) Engineering;

     (c) Installation;

     (d) Maintenance and repairs associated with performance contracts;

     (e) Experience in conversions to different sources of energy or fuel and other services related to operating cost-savings measures provided that is done in association with a comprehensive energy, water or waste disposal cost-savings retrofit;

     (f) Monitoring projects after the projects are installed;

     (g) Data collection and reporting of savings;

     (h) Overall project experience and qualifications;

     (i) Management capability;

     (j) Ability to access long-term financing;

     (k) Experience with projects of similar size and scope; and

     (l) Such other factors determined by the State Public Works Board to be relevant and appropriate to the ability of a company to perform the projects.

Ê In determining whether a company satisfies the requirements of a qualified service company, the State Public Works Board shall also consider whether the company holds the appropriate licenses required for the design, engineering and construction which would be completed pursuant to a performance contract.

 


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

ê2011 Statutes of Nevada, Page 2079 (Chapter 363, SB 426)ê

 

whether the company holds the appropriate licenses required for the design, engineering and construction which would be completed pursuant to a performance contract.

     4.  The State Public Works Board shall compile a list of those companies that it determines satisfy the requirements of qualified service companies.

     Sec. 37.  NRS 333A.140 is hereby amended to read as follows:

     333A.140  A qualified service company shall provide to the [Renewable Energy and Energy Efficiency Authority] Office of Energy information concerning each performance contract which the qualified service company enters into pursuant to this chapter, including, without limitation, the name of the project, the using agency for which the project is being carried out and the expected operating cost savings. The [Renewable Energy and Energy Efficiency Authority] Office of Energy may report any energy savings realized as a result of such performance contracts to the United States Department of Energy pursuant to 42 U.S.C. § 13385.

     Sec. 38.  NRS 338.1908 is hereby amended to read as follows:

     338.1908  1.  The governing body of each local government shall, by July 28, 2009, develop a plan to retrofit public buildings, facilities and structures, including, without limitation, traffic-control systems, and to otherwise use sources of renewable energy to serve those buildings, facilities and structures. Such a plan must:

     (a) Be developed with input from one or more energy retrofit coordinators designated pursuant to NRS 338.1907, if any.

     (b) Include a list of specific projects. The projects must be prioritized and selected on the basis of the following criteria:

           (1) The length of time necessary to commence the project.

           (2) The number of workers estimated to be employed on the project.

          (3) The effectiveness of the project in reducing energy consumption.

           (4) The estimated cost of the project.

           (5) Whether the project is able to be powered by or otherwise use sources of renewable energy.

           (6) Whether the project has qualified for participation in one or more of the following programs:

                (I) The Solar Energy Systems Incentive Program created by NRS 701B.240;

                (II) The Renewable Energy School Pilot Program created by NRS 701B.350;

                (III) The Wind Energy Systems Demonstration Program created by NRS 701B.580; or

                (IV) The Waterpower Energy Systems Demonstration Program created by NRS 701B.820.

     (c) Include a list of potential funding sources for use in implementing the projects, including, without limitation, money available through the Energy Efficiency and Conservation Block Grant Program as set forth in 42 U.S.C. § 17152 and grants, gifts, donations or other sources of money from public and private sources.

     2.  The governing body of each local government shall transmit the plan developed pursuant to subsection 1 to the [Nevada Energy Commissioner] Director of the Office of Energy and to any other entity designated for that purpose by the Legislature.

 


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

ê2011 Statutes of Nevada, Page 2080 (Chapter 363, SB 426)ê

 

     3.  As used in this section:

     (a) “Local government” means each city or county that meets the definition of “eligible unit of local government” as set forth in 42 U.S.C. § 17151 and each unit of local government, as defined in subsection 11 of NRS 338.010, that does not meet the definition of “eligible entity” as set forth in 42 U.S.C. § 17151.

     (b) “Renewable energy” means a source of energy that occurs naturally or is regenerated naturally, including, without limitation:

           (1) Biomass;

           (2) Fuel cells;

           (3) Geothermal energy;

           (4) Solar energy;

           (5) Waterpower; and

           (6) Wind.

Ê The term does not include coal, natural gas, oil, propane or any other fossil fuel, or nuclear energy.

     (c) “Retrofit” means to alter, improve, modify, remodel or renovate a building, facility or structure to make that building, facility or structure more energy-efficient.

     Sec. 39.  NRS 701.025, 701.035, 701.330, 701.340 and 701A.310 are hereby repealed.

     Sec. 40.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

     Sec. 41.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2081ê

 

CHAPTER 364, SB 472

Senate Bill No. 472–Committee on Finance

 

CHAPTER 364

 

[Approved: June 13, 2011]

 

AN ACT making a supplemental appropriation to the Department of Corrections to cover stale claims for prison medical care for Fiscal Year 2007-2008; and providing other matters properly relating thereto.

 

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.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $9,579 to cover stale claims for personnel expenditures for prison medical care for Fiscal Year 2007-2008. This appropriation is supplemental to that made in section 23 of chapter 388, Statutes of Nevada 2009, at page 2111.

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

________

CHAPTER 365, AB 82

Assembly Bill No. 82–Committee on Legislative Operations and Elections

 

CHAPTER 365

 

[Approved: June 10, 2011]

 

AN ACT relating to elections; revising provisions governing registering to vote by computer; authorizing additional mailing precincts in certain circumstances; making various other changes relating to the administration and conduct of elections; prohibiting foreign nationals from making campaign contributions; prohibiting certain persons from receiving such contributions; authorizing the disposition of unspent campaign contributions to a governmental entity and for the use of legal expenses; requiring the annual registration of committees for political action; making various other changes relating to campaign finance; providing penalties; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 7 of this bill allows a county clerk to establish mailing precincts or absent ballot mailing precincts if approved by the Secretary of State, in addition to circumstances authorized for the creation of mailing precincts in existing law. (NRS 293.213)

 


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

ê2011 Statutes of Nevada, Page 2082 (Chapter 365, AB 82)ê

 

       Sections 8 and 23 of this bill provide that if a county clerk establishes a system for using a computer for voter registration for that county, the system established must comply with any procedures and requirements prescribed by the Secretary of State. Existing law requires county clerks to verify the validity of the signatures of persons who sign petitions for initiative or referendum, petitions to recall public officers, petitions to qualify as a political party, petitions for filling ballot vacancies or petitions to place minor party or independent candidates on the ballot against the voter registration records, including applications to register to vote. (NRS 293.1277) Section 5 of this bill provides that if a computer is used for voter registration in a county, the county clerk may rely on such indicia as may be prescribed by the Secretary of State to complete the signature verification.

       Sections 9, 26 and 36 of this bill revise the manner in which it is required to list on sample ballots and ballots the names of candidates who have the same names so that if two or more candidates in an election have the same given name and surname and one candidate is an incumbent, the word “Incumbent” must appear on the sample ballot and ballot next to the name of the candidate who is the incumbent.

       Section 12 of this bill requires, in addition to other information posted at polling places on election day, the posting of information concerning the eligibility of a candidate, question or other matter to appear on the ballot as a result of judicial determination or by operation of law.

       Sections 15 and 35 of this bill authorize voters to vote in mailing precincts if it appears to the satisfaction of the Secretary of State, in addition to the county clerk, that the circumstances authorizing the creation of a mailing precinct exist.

       Existing law authorizes a city or county clerk to assess a charge, not to exceed the cost of printing the applications, against a political party or other entity that requests more than 50 applications to register to vote by mail in any 12-month period. (NRS 293.443) Section 16 of this bill authorizes the Secretary of State to assess such a charge as well.

       Section 19 of this bill changes the deadline for the Secretary of State to submit a report concerning primary and general elections to the Legislature from not later than 30 days before the start of a regular legislative session to not sooner than 30 days before and not later than 30 days after the first day of each regular legislative session.

       Section 20 of this bill requires recruitment offices of the Armed Forces of the United States to serve as voter registration agencies, in addition to other entities specified in existing law.

       Section 21 of this bill prohibits a voter registration agency from knowingly employing a person whose duties will include the registration of voters if the person has been convicted of a felony involving theft or fraud.

       Section 22 of this bill prohibits a county clerk from knowingly appointing as a field registrar any person who has been convicted of a felony involving theft or fraud.

       Section 27 of this bill amends the deadlines for the county clerk to transmit the number of registered voters in the county to the Secretary of State for the primary and general elections.

       Section 28 of this bill expands the crime of threatening a person in connection with an election or petition to include threatening a person in connection with the registration of voters and to include the use of or threatening to use intimidation. Section 28 also increases the penalty for such a crime from a gross misdemeanor to a category E felony.

       Section 29 of this bill increases the penalty for interfering with the conduct of an election from a gross misdemeanor to a category E felony.

       Section 30 of this bill provides that polling information from a voter regarding whether the voter intends to vote for or against a particular political party, candidate or ballot question is not “electioneering.”

       Section 32 of this bill provides that if a person tampers or interferes with, or attempts to tamper or interfere with, a mechanical voting system, mechanical voting device or any computer program used to count ballots, such an act is punishable as a category B felony.

 


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

ê2011 Statutes of Nevada, Page 2083 (Chapter 365, AB 82)ê

 

       Section 33 of this bill makes the intentional failure to submit to the county clerk an elector’s completed application to register to vote by a person who provided the application to the elector an unlawful act punishable as a category E felony.

       The Federal Election Campaign Act prohibits: (1) a foreign national from directly or indirectly making a campaign contribution in connection with a state or local election; and (2) any person from knowingly soliciting, accepting or receiving any campaign contribution from a foreign national. (2 U.S.C. § 441e; 11 C.F.R. § 110.20) Section 40.5 of this bill provides a similar prohibition in state law against a foreign national making a contribution to certain persons or groups, including candidates, committees for political action, persons who make independent expenditures, political parties and legislative caucuses. Section 40.5 also prohibits those persons and groups from receiving a contribution from a foreign national.

       Existing law prohibits a person from making certain campaign contributions over $5,000 during certain periods and prohibits candidates from accepting such contributions during those periods. (NRS 294A.100, 294A.287) Sections 43 and 60 of this bill also prohibit a person from committing to make such a contribution. Section 61 of this bill similarly adds the prohibition on committing to make such a contribution to the prohibition on soliciting and accepting any monetary contribution for any political purpose during a specified period which is applicable to Legislators, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor and the Governor-Elect.

       Section 50 of this bill adds to the acceptable methods of disposing of unspent campaign contributions donating money to a governmental entity and allows the person disposing of the unspent contributions to specify how the governmental entity may use the money. Section 50 also allows certain public officers to use unspent campaign contributions in a future election in certain circumstances.

       Section 56 of this bill requires committees for political action to file with the Secretary of State an updated form of registration on or before January 15 of each year.

       Section 59 of this bill sets forth the acceptable methods of and deadline for disposing of unspent money in a legal defense fund. Sections 51 and 63 of this bill require a person who disposes of unspent money in a legal defense fund to report to the Secretary of State how the person disposed of such money.

       Sections 48, 54 and 84 of this bill remove requirements that certain persons or groups who advocate the passage or defeat of a ballot question register. As a result, these persons and groups are subject to the same registration requirements as committees for political action. Under existing law, such persons and groups are not required to report contributions and expenditures until they have received or expended money in excess of $10,000 to advocate the passage or defeat of a ballot question. (NRS 294A.150, 294A.220) Sections 48 and 54 eliminate this threshold and therefore require these persons or groups to report contributions received and expenditures made in excess of $1,000 during any reporting period.

 

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 1-4.  (Deleted by amendment.)

     Sec. 5.  NRS 293.1277 is hereby amended to read as follows:

     293.1277  1.  If the Secretary of State finds that the total number of signatures submitted to all the county clerks is 100 percent or more of the number of registered voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the county clerks. Within 9 days, excluding Saturdays, Sundays and holidays, after notification, each of the county clerks shall determine the number of registered voters who have signed the documents submitted in the county clerk’s county and, in the case of a petition proposing a statute, an amendment to a statute or an amendment to the Constitution, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.

 


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

ê2011 Statutes of Nevada, Page 2084 (Chapter 365, AB 82)ê

 

of a petition proposing a statute, an amendment to a statute or an amendment to the Constitution, shall tally the number of signatures for each petition district contained or fully contained within the county clerk’s county.

     2.  If more than 500 names have been signed on the documents submitted to a county clerk, the county clerk shall examine the signatures by sampling them at random for verification. The random sample of signatures to be verified must be drawn in such a manner that every signature which has been submitted to the county clerk is given an equal opportunity to be included in the sample. The sample must include an examination of at least 500 or 5 percent of the signatures, whichever is greater.

     3.  In determining from the records of registration the number of registered voters who signed the documents, the county clerk may use the signatures contained in the file of applications to register to vote. If the county clerk uses that file, the county clerk shall ensure that every application in the file is examined, including any application in his or her possession which may not yet be entered into the county clerk’s records. [The] Except as otherwise provided in this subsection, the county clerk shall rely only on the appearance of the signature and the address and date included with each signature in making his or her determination. If, pursuant to NRS 293.506, a county clerk establishes a system to allow persons to register to vote by computer, the county clerk may rely on such other indicia as prescribed by the Secretary of State in making his or her determination.

     4.  In the case of a petition proposing a statute, an amendment to a statute or an amendment to the Constitution, when the county clerk is determining the number of registered voters who signed the documents from each petition district contained fully or partially within the county clerk’s county, he or she must use the statewide voter registration list available pursuant to NRS 293.675.

     5.  Except as otherwise provided in subsection 7, upon completing the examination, the county clerk shall immediately attach to the documents a certificate properly dated, showing the result of the examination, including the tally of signatures by petition district, if required, and transmit the documents with the certificate to the Secretary of State. If a petition district comprises more than one county and the petition proposes a statute, an amendment to a statute or an amendment to the Constitution, the appropriate county clerks shall comply with the regulations adopted by the Secretary of State pursuant to this section to complete the certificate. A copy of this certificate must be filed in the clerk’s office. When the county clerk transmits the certificate to the Secretary of State, the county clerk shall notify the Secretary of State of the number of requests to remove a name received by the county clerk pursuant to NRS 295.055 or 306.015.

     6.  A person who submits a petition to the county clerk which is required to be verified pursuant to NRS 293.128, 293.165, 293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be allowed to witness the verification of the signatures. A public officer who is the subject of a recall petition must also be allowed to witness the verification of the signatures on the petition.

     7.  For any petition containing signatures which are required to be verified pursuant to the provisions of NRS 293.165, 293.200, 306.035 or 306.110 for any county, district or municipal office within one county, the county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

 


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

ê2011 Statutes of Nevada, Page 2085 (Chapter 365, AB 82)ê

 

county clerk shall not transmit to the Secretary of State the documents containing the signatures of the registered voters.

     8.  The Secretary of State shall by regulation establish further procedures for carrying out the provisions of this section.

     Sec. 6.  (Deleted by amendment.)

     Sec. 7.  NRS 293.213 is hereby amended to read as follows:

     293.213  1.  Whenever there were not more than 20 voters registered in a precinct for the last preceding general election, the county clerk may establish that precinct as a mailing precinct.

     2.  Except as otherwise provided in NRS 293.208, the county clerk in any county [where] in which an absent ballot central counting board is appointed may abolish two or more existing mailing precincts and combine those mailing precincts into absent ballot precincts. Those mailing precincts must be designated absent ballot mailing precincts.

     3.  In any county [where] in which an absent ballot central counting board is appointed, any established precinct which had less than 200 ballots cast at the last preceding general election, or any newly established precinct with less than 200 registered voters, may be designated an absent ballot mailing precinct.

     4.  A county clerk may establish a mailing precinct or an absent ballot mailing precinct that does not meet the requirements of subsection 1, 2 or 3 if the county clerk obtains prior approval from the Secretary of State.

     5.  The county clerk shall, at least 14 days before establishing or designating a precinct as a mailing precinct or absent ballot mailing precinct or before abolishing a mailing precinct pursuant to this section, cause notice of such action to be:

     (a) Posted in the manner prescribed for a regular meeting of the board of county commissioners; and

     (b) Mailed to each Assemblyman, Assemblywoman, State Senator, county commissioner and, if applicable, member of the governing body of a city who represents residents of a precinct affected by the action.

     Sec. 8.  NRS 293.250 is hereby amended to read as follows:

     293.250  1.  The Secretary of State shall, in a manner consistent with the election laws of this State, prescribe:

     (a) The form of all ballots, absent ballots, diagrams, sample ballots, certificates, notices, declarations, applications to register to vote, lists, applications, registers, rosters, statements and abstracts required by the election laws of this State.

     (b) The [procedure] procedures to be followed [when a computer is used] and the requirements of a system established pursuant to NRS 293.506 for using a computer to register voters and to keep records of registration.

     2.  The Secretary of State shall prescribe with respect to the matter to be printed on every kind of ballot:

     (a) The placement and listing of all offices, candidates and measures upon which voting is statewide, which must be uniform throughout the State.

     (b) The listing of all other candidates required to file with the Secretary of State, and the order of listing all offices, candidates and measures upon which voting is not statewide, from which each county or city clerk shall prepare appropriate ballot forms for use in any election in his or her county.

 


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

ê2011 Statutes of Nevada, Page 2086 (Chapter 365, AB 82)ê

 

     3.  The Secretary of State shall place the condensation of each proposed constitutional amendment or statewide measure near the spaces or devices for indicating the voter’s choice.

     4.  The fiscal note for, explanation of, arguments for and against, and rebuttals to such arguments of each proposed constitutional amendment or statewide measure must be included on all sample ballots.

     5.  The condensations and explanations for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Attorney General. The arguments and rebuttals for or against constitutional amendments and statewide measures proposed by initiative or referendum must be prepared in the manner set forth in NRS 293.252. The fiscal notes for constitutional amendments and statewide measures proposed by initiative or referendum must be prepared by the Secretary of State, upon consultation with the Fiscal Analysis Division of the Legislative Counsel Bureau. The condensations, explanations, arguments, rebuttals and fiscal notes must be in easily understood language and of reasonable length, and whenever feasible must be completed by August 1 of the year in which the general election is to be held.

     6.  The names of candidates for township and legislative or special district offices must be printed only on the ballots furnished to voters of that township or district.

     7.  A county clerk:

     (a) May divide paper ballots into two sheets in a manner which provides a clear understanding and grouping of all measures and candidates.

     (b) Shall prescribe the color or colors of the ballots and voting receipts used in any election which the clerk is required to conduct.

     Sec. 9.  NRS 293.2565 is hereby amended to read as follows:

     293.2565  1.  Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.

     2.  [Except as otherwise provided in subsection 3, in] In any election regulated by this chapter, if two or more candidates have the same given name and surname [or surnames so similar as to be likely to cause confusion] and:

     (a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates ; [as printed on the ballot;] or

     (b) One of the candidates is an incumbent, the name of the incumbent must be listed first and [must be printed in bold type.

     3.  Where a system of voting other than by paper ballot is used and the provisions of paragraph (b) of subsection 2 are applicable, the Secretary of State may distinguish a candidate who is an incumbent in a manner other than printing the name of the incumbent in bold type provided that the manner used clearly emphasizes the name of the incumbent in a manner similar to printing his or her name in bold type.]

 


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

ê2011 Statutes of Nevada, Page 2087 (Chapter 365, AB 82)ê

 

manner used clearly emphasizes the name of the incumbent in a manner similar to printing his or her name in bold type.] the word “Incumbent” must appear next to the name of the candidate who is the incumbent.

     Sec. 10.  NRS 293.272 is hereby amended to read as follows:

     293.272  1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote [pursuant to the provisions of NRS 293.5235] shall, for the first election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

     2.  The provisions of subsection 1 do not apply to a person who:

     (a) Is entitled to vote in the manner prescribed in NRS 293.343 to 293.355, inclusive;

     (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293.316 or 293.3165;

     (c) Is disabled;

     (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

     (e) Requests an absent ballot in person at the office of the county clerk.

     Sec. 11.  NRS 293.2725 is hereby amended to read as follows:

     293.2725  1.  Except as otherwise provided in subsection 2, in NRS 293.3081 and 293.3083 and in federal law, a person who registers by mail or computer to vote in this State and who has not previously voted in an election for federal office in this State:

     (a) May vote at a polling place only if the person presents to the election board officer at the polling place:

           (1) A current and valid photo identification of the person; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517; and

     (b) May vote by mail only if the person provides to the county or city clerk:

           (1) A copy of a current and valid photo identification of the person; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517.

     2.  The provisions of this section do not apply to a person who:

     (a) Registers to vote by mail and submits with an application to register to vote:

           (1) A copy of a current and valid photo identification; or

           (2) A copy of a current utility bill, bank statement, paycheck, or document issued by a governmental entity, including a check which indicates the name and address of the person, but not including a voter registration card issued pursuant to NRS 293.517;

     (b) Registers to vote by mail and submits with an application to register to vote a driver’s license number or at least the last four digits of his or her social security number, if a state or local election official has matched that information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

 


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

ê2011 Statutes of Nevada, Page 2088 (Chapter 365, AB 82)ê

 

information with an existing identification record bearing the same number, name and date of birth as provided by the person in the application;

     (c) Is entitled to vote an absent ballot pursuant to the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. §§ 1973ff et seq.;

     (d) Is provided the right to vote otherwise than in person under the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. §§ 1973ee et seq.; or

     (e) Is entitled to vote otherwise than in person under any other federal law.

     Sec. 12.  NRS 293.3025 is hereby amended to read as follows:

     293.3025  The Secretary of State and each county and city clerk shall ensure that a copy of each of the following is posted in a conspicuous place at each polling place on election day:

     1.  A sample ballot;

     2.  Information concerning the date and hours of operation of the polling place;

     3.  Instructions for voting and casting a ballot, including a provisional ballot;

     4.  Instructions concerning the identification required for persons who registered by mail and are first-time voters for federal office in this State;

     5.  Information concerning the accessibility of polling places to persons with disabilities; [and]

     6.  General information concerning federal and state laws which prohibit acts of fraud and misrepresentation [.] ; and

     7.  Information concerning the eligibility of a candidate, a ballot question or any other matter appearing on the ballot as a result of a judicial determination or by operation of law, if any.

     Sec. 13.  NRS 293.3081 is hereby amended to read as follows:

     293.3081  A person at a polling place may cast a provisional ballot in an election to vote for a candidate for federal office if the person complies with the applicable provisions of NRS 293.3082 and:

     1.  Declares that he or she has registered to vote and is eligible to vote at that election in that jurisdiction, but his or her name does not appear on a voter registration list as a voter eligible to vote in that election in that jurisdiction or an election official asserts that the person is not eligible to vote in that election in that jurisdiction;

     2.  Applies by mail [,] or computer, on or after January 1, 2003, to register to vote and has not previously voted in an election for federal office in this State and fails to provide the identification required pursuant to paragraph (a) of subsection 1 of NRS 293.2725 to the election board officer at the polling place; or

     3.  Declares that he or she is entitled to vote after the polling place would normally close as a result of a court order or other order extending the time established for the closing of polls pursuant to a law of this State in effect 10 days before the date of the election.

     Sec. 14.  NRS 293.3083 is hereby amended to read as follows:

     293.3083  A person may cast a ballot by mail to vote for a candidate for federal office, which must be treated as a provisional ballot by the county or city clerk if the person:

     1.  Applies by mail or computer to register to vote and has not previously voted in an election for federal office in this State;

 


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

ê2011 Statutes of Nevada, Page 2089 (Chapter 365, AB 82)ê

 

     2.  Fails to provide the identification required pursuant to paragraph (b) of subsection 1 of NRS 293.2725 to the county or city clerk at the time that the person mails the ballot; and

     3.  Completes the written affirmation set forth in subsection 1 of NRS 293.3082.

     Sec. 15.  NRS 293.343 is hereby amended to read as follows:

     293.343  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding general election, or in a precinct in which it appears to the satisfaction of the county clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

     2.  Whenever the county clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293.345 to 293.355, inclusive.

     3.  In a county whose population is 100,000 or more, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:

     (a) Shall designate at least one polling place in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and

     (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.

     4.  In a county whose population is less than 100,000, whenever a registered voter is entitled to vote in a mailing precinct or an absent ballot mailing precinct, the county clerk:

     (a) May designate one or more polling places in the county as the polling place where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, on election day; and

     (b) May designate certain polling places for early voting as the polling places where such a voter may vote in person, pursuant to paragraph (b) of subsection 2 of NRS 293.353 or subsection 3 of NRS 293.353, during the period for early voting, if it is impractical for the county clerk to provide at each polling place for early voting a ballot in every form required in the county.

     5.  Polling places designated pursuant to subsection 3 or 4 may include, without limitation, polling places located as closely as practicable to the mailing precincts.

     Sec. 16.  NRS 293.443 is hereby amended to read as follows:

     293.443  1.  Except as otherwise provided in subsection 3, the expense of providing all ballots, forms and other supplies to be used at any election regulated by this chapter or chapter 293C of NRS and all expenses necessarily incurred in the preparation for, or the conduct of, any such election is a charge upon the municipality, county, district or State, as the case may be.

 


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

ê2011 Statutes of Nevada, Page 2090 (Chapter 365, AB 82)ê

 

     2.  The county or city clerk may submit the printing of ballots for competitive bidding.

     3.  If a political party or other entity requests more than 50 applications to register to vote by mail in any 12-month period, the clerk or the Secretary of State may assess a charge, not to exceed the cost of printing the applications.

     Sec. 17.  NRS 293.4687 is hereby amended to read as follows:

     293.4687  1.  The Secretary of State shall maintain a website on the Internet for public information maintained, collected or compiled by the Secretary of State that relates to elections, which must include, without limitation:

     (a) The Voters’ Bill of Rights required to be posted on the Secretary of State’s Internet website pursuant to the provisions of NRS 293.2549;

     (b) The abstract of votes required to be posted on a website pursuant to the provisions of NRS 293.388;

     (c) A current list of the registered voters in this State that also indicates the petition district in which each registered voter resides;

     (d) A map or maps indicating the boundaries of each petition district; and

     (e) All reports on campaign contributions and expenditures submitted to the Secretary of State pursuant to the provisions of NRS 294A.120, 294A.125, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, [294A.283,] 294A.360 and 294A.362 and all reports on contributions received by and expenditures made from a legal defense fund submitted to the Secretary of State pursuant to NRS 294A.286.

     2.  The abstract of votes required to be maintained on the website pursuant to paragraph (b) of subsection 1 must be maintained in such a format as to permit the searching of the abstract of votes for specific information.

     3.  If the information required to be maintained by the Secretary of State pursuant to subsection 1 may be obtained by the public from a website on the Internet maintained by a county clerk or city clerk, the Secretary of State may provide a hyperlink to that website to comply with the provisions of subsection 1 with regard to that information.

     Sec. 18.  (Deleted by amendment.)

     Sec. 19.  NRS 293.4695 is hereby amended to read as follows:

     293.4695  1.  Each county clerk shall collect the following information regarding each primary and general election, on a form provided by the Secretary of State and made available at each polling place in the county, each polling place for early voting in the county, the office of the county clerk and any other location deemed appropriate by the Secretary of State:

     (a) The number of ballots that have been discarded or for any reason not included in the final canvass of votes, along with an explanation for the exclusion of each such ballot from the final canvass of votes.

     (b) A report on each malfunction of any mechanical voting system, including, without limitation:

           (1) Any known reason for the malfunction;

           (2) The length of time during which the mechanical voting system could not be used;

           (3) Any remedy for the malfunction which was used at the time of the malfunction; and

           (4) Any effect the malfunction had on the election process.

 


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

ê2011 Statutes of Nevada, Page 2091 (Chapter 365, AB 82)ê

 

     (c) A list of each polling place not open during the time prescribed pursuant to NRS 293.273 and an account explaining why each such polling place was not open during the time prescribed pursuant to NRS 293.273.

     (d) A description of each challenge made to the eligibility of a voter pursuant to NRS 293.303 and the result of each such challenge.

     (e) A description of each complaint regarding a ballot cast by mail or facsimile filed with the county clerk and the resolution, if any, of the complaint.

     (f) The results of any audit of election procedures and practices conducted pursuant to regulations adopted by the Secretary of State pursuant to this chapter.

     (g) The number of provisional ballots cast and the reason for the casting of each provisional ballot.

     2.  Each county clerk shall submit to the Secretary of State, on a form provided by the Secretary of State, the information collected pursuant to subsection 1 not more than 60 days after each primary and general election.

     3.  The Secretary of State may contact any political party and request information to assist in the investigation of any allegation of voter intimidation.

     4.  The Secretary of State shall establish and maintain an Internet website pursuant to which the Secretary of State shall solicit and collect voter comments regarding election processes.

     5.  The Secretary of State shall compile the information and comments collected pursuant to this section into a report and shall submit the report to the Director of the Legislative Counsel Bureau for transmission to the Legislature [not later than] not sooner than 30 days before and not later than 30 days after the [start] first day of each regular session of the Legislature.

     6.  The Secretary of State may make the report required pursuant to subsection 5 available on an Internet website established and maintained by the Secretary of State.

     Sec. 20.  NRS 293.504 is hereby amended to read as follows:

     293.504  1.  The following offices shall serve as voter registration agencies:

     (a) Such offices that provide public assistance as are designated by the Secretary of State;

     (b) Each office that receives money from the State of Nevada to provide services to persons with disabilities in this State;

     (c) The offices of the Department of Motor Vehicles;

     (d) The offices of the city and county clerks;

     (e) Such other county and municipal facilities as a county clerk or city clerk may designate pursuant to NRS 293.5035 or 293C.520, as applicable; [and]

     (f) Recruitment offices of the United States Armed Forces; and

     (g) Such other offices as the Secretary of State deems appropriate.

     2.  Each voter registration agency shall:

     (a) Post in a conspicuous place, in at least 12-point type, instructions for registering to vote;

     (b) [Make] Except as otherwise provided in subsection 3, distribute applications to register to vote which may be returned by mail [available to each person who applies for or receives] with any application for services or assistance from the agency [;] or submitted for any other purpose and with each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

 


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

ê2011 Statutes of Nevada, Page 2092 (Chapter 365, AB 82)ê

 

each application for recertification, renewal or change of address submitted to the agency that relates to such services, assistance or other purpose;

     (c) Provide the same amount of assistance to an applicant in completing an application to register to vote as the agency provides to a person completing any other forms for the agency; and

     (d) Accept completed applications to register to vote.

     3.  A voter registration agency is not required to provide an application to register to vote pursuant to paragraph (b) of subsection 2 to a person who applies for or receives services or assistance from the agency or submits an application for any other purpose if the person declines to register to vote and submits to the agency a written form that meets the requirements of 42 U.S.C. § 1973gg-5(a)(6). No information related to the declination to register to vote may be used for any purpose other than voter registration.

     4.  Except as otherwise provided in this subsection and NRS 293.524, any application to register to vote accepted by a voter registration agency must be transmitted to the county clerk not later than 10 days after the application is accepted. The applications must be forwarded daily during the 2 weeks immediately preceding the fifth Sunday preceding an election. The county clerk shall accept any application to register to vote which is obtained from a voter registration agency pursuant to this section and completed by the fifth Sunday preceding an election if the county clerk receives the application not later than 5 days after that date.

     [4.] 5.  The Secretary of State shall cooperate with the Secretary of Defense to develop and carry out procedures to enable persons in this State to apply to register to vote at recruitment offices of the United States Armed Forces.

     Sec. 21.  NRS 293.5045 is hereby amended to read as follows:

     293.5045  1.  A person who works in a voter registration agency shall not:

     (a) Seek to influence an applicant’s political preference or party registration;

     (b) Display a political preference or party allegiance in a place where it can be seen by an applicant;

     (c) Make any statement or take any action to discourage an applicant from registering to vote; or

     (d) Make any statement or take any action which would lead the applicant to believe that a decision to register to vote has any effect on the availability of any services or benefits provided by the State or Federal Government.

     2.  A person who violates any of the provisions of [this section] subsection 1 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     3.  A voter registration agency shall not knowingly employ a person whose duties will include the registration of voters if the person has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a voter registration agency to collect a civil penalty of not more than $5,000 for each person who is employed by the voter registration agency in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

 


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

ê2011 Statutes of Nevada, Page 2093 (Chapter 365, AB 82)ê

 

     Sec. 22.  NRS 293.505 is hereby amended to read as follows:

     293.505  1.  All justices of the peace, except those located in county seats, are ex officio field registrars to carry out the provisions of this chapter.

     2.  The county clerk shall appoint at least one registered voter to serve as a field registrar of voters who, except as otherwise provided in NRS 293.5055, shall register voters within the county for which the field registrar is appointed. Except as otherwise provided in subsection 1, a candidate for any office may not be appointed or serve as a field registrar. A field registrar serves at the pleasure of the county clerk and shall perform such duties as the county clerk may direct. The county clerk shall not knowingly appoint any person as a field registrar who has been convicted of a felony involving theft or fraud. The Secretary of State may bring an action against a county clerk to collect a civil penalty of not more than $5,000 for each person who is appointed as a field registrar in violation of this subsection. Any civil penalty collected pursuant to this subsection must be deposited with the State Treasurer for credit to the State General Fund.

     3.  A field registrar shall demand of any person who applies for registration all information required by the application to register to vote and shall administer all oaths required by this chapter.

     4.  When a field registrar has in his or her possession five or more completed applications to register to vote, the field registrar shall forward them to the county clerk, but in no case may the field registrar hold any number of them for more than 10 days.

     5.  Each field registrar shall forward to the county clerk all completed applications in his or her possession immediately after the fifth Sunday preceding an election. Within 5 days after the fifth Sunday preceding any general election or general city election, a field registrar shall return all unused applications in his or her possession to the county clerk. If all of the unused applications are not returned to the county clerk, the field registrar shall account for the unreturned applications.

     6.  Each field registrar shall submit to the county clerk a list of the serial numbers of the completed applications to register to vote and the names of the electors on those applications. The serial numbers must be listed in numerical order.

     7.  Each field registrar shall post notices sent to him or her by the county clerk for posting in accordance with the election laws of this State.

     8.  A field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

     (a) Delegate any of his or her duties to another person; or

     (b) Refuse to register a person on account of that person’s political party affiliation.

     9.  A person shall not hold himself or herself out to be or attempt to exercise the duties of a field registrar unless the person has been so appointed.

     10.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

     (a) Solicit a vote for or against a particular question or candidate;

     (b) Speak to a voter on the subject of marking his or her ballot for or against a particular question or candidate; or

 


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

ê2011 Statutes of Nevada, Page 2094 (Chapter 365, AB 82)ê

 

     (c) Distribute any petition or other material concerning a candidate or question which will be on the ballot for the ensuing election,

Ê while registering an elector.

     11.  When the county clerk receives applications to register to vote from a field registrar, the county clerk shall issue a receipt to the field registrar. The receipt must include:

     (a) The number of persons registered; and

     (b) The political party of the persons registered.

     12.  A county clerk, field registrar, employee of a voter registration agency or person assisting a voter pursuant to subsection 13 of NRS 293.5235 shall not:

     (a) Knowingly register a person who is not a qualified elector or a person who has filed a false or misleading application to register to vote; or

     (b) Register a person who fails to provide satisfactory proof of identification and the address at which the person actually resides.

     13.  A county clerk, field registrar, employee of a voter registration agency, person assisting a voter pursuant to subsection 13 of NRS 293.5235 or any other person providing a form for the application to register to vote to an elector for the purpose of registering to vote:

     (a) If the person who assists an elector with completing the form for the application to register to vote retains the form, shall enter his or her name on the duplicate copy or receipt retained by the voter upon completion of the form; and

     (b) Shall not alter, deface or destroy an application to register to vote that has been signed by an elector except to correct information contained in the application after receiving notice from the elector that a change in or addition to the information is required.

     14.  If a field registrar violates any of the provisions of this section, the county clerk shall immediately suspend the field registrar and notify the district attorney of the county in which the violation occurred.

     15.  A person who violates any of the provisions of subsection 8, 9, 10, 12 or 13 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     Sec. 23.  NRS 293.506 is hereby amended to read as follows:

     293.506  1.  A county clerk may, with approval of the board of county commissioners, establish a system for using a computer to register voters and to keep records of registration. [The county clerk may, for that purpose, issue to a voter a card, bearing the signature of the voter, attesting to the voter’s registration.]

     2.  A system established pursuant to subsection 1 must comply with any procedures and requirements prescribed by the Secretary of State pursuant to NRS 293.250.

     Sec. 24.  NRS 293.517 is hereby amended to read as follows:

     293.517  1.  Any elector residing within the county may register [:] to vote:

     (a) Except as otherwise provided in NRS 293.560 and 293C.527, by appearing before the county clerk, a field registrar or a voter registration agency, completing the application to register to vote, giving true and satisfactory answers to all questions relevant to his or her identity and right to vote, and providing proof of residence and identity;

 


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

ê2011 Statutes of Nevada, Page 2095 (Chapter 365, AB 82)ê

 

     (b) By completing and mailing or personally delivering to the county clerk an application to register to vote pursuant to the provisions of NRS 293.5235;

     (c) Pursuant to the provisions of NRS 293.501 or 293.524; [or]

     (d) At his or her residence with the assistance of a field registrar pursuant to NRS 293.5237 [.] ; or

     (e) By submitting an application to register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

Ê The county clerk shall require a person to submit official identification as proof of residence and identity, such as a driver’s license or other official document, before registering the person. If the applicant registers to vote pursuant to this subsection and fails to provide proof of residence and identity, the applicant must provide proof of residence and identity before casting a ballot in person or by mail or after casting a provisional ballot pursuant to NRS 293.3081 or 293.3083. For the purposes of this subsection, a voter registration card issued pursuant to subsection 6 does not provide proof of the residence or identity of a person.

     2.  The application to register to vote must be signed and verified under penalty of perjury by the elector registering.

     3.  Each elector who is or has been married must be registered under his or her own given or first name, and not under the given or first name or initials of his or her spouse.

     4.  An elector who is registered and changes his or her name must complete a new application to register to vote. The elector may obtain a new application:

     (a) At the office of the county clerk or field registrar;

     (b) By submitting an application to register to vote pursuant to the provisions of NRS 293.5235;

     (c) By submitting a written statement to the county clerk requesting the county clerk to mail an application to register to vote; [or]

     (d) At any voter registration agency [.] ; or

     (e) By submitting an application to register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register voters.

Ê If the elector fails to register under his or her new name, the elector may be challenged pursuant to the provisions of NRS 293.303 or 293C.292 and may be required to furnish proof of identity and subsequent change of name.

     5.  Except as otherwise provided in subsection 7, an elector who registers to vote pursuant to paragraph (a) of subsection 1 shall be deemed to be registered upon the completion of an application to register to vote.

     6.  After the county clerk determines that the application to register to vote of a person is complete and that the person is eligible to vote pursuant to NRS 293.485, the county clerk shall issue a voter registration card to the voter which contains:

     (a) The name, address, political affiliation and precinct number of the voter;

     (b) The date of issuance; and

     (c) The signature of the county clerk.

     7.  If an elector submits an application to register to vote or an affidavit described in paragraph (c) of subsection 1 of NRS 293.507 that contains any handwritten additions, erasures or interlineations, the county clerk may object to the application to register to vote if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application to register to vote of the elector is incomplete or that the elector is not eligible to vote pursuant to NRS 293.485.

 


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

ê2011 Statutes of Nevada, Page 2096 (Chapter 365, AB 82)ê

 

object to the application to register to vote if the county clerk believes that because of such handwritten additions, erasures or interlineations, the application to register to vote of the elector is incomplete or that the elector is not eligible to vote pursuant to NRS 293.485. If the county clerk objects pursuant to this subsection, he or she shall immediately notify the elector and the district attorney of the county. Not later than 5 business days after the district attorney receives such notification, the district attorney shall advise the county clerk as to whether:

     (a) The application to register to vote of the elector is complete and the elector is eligible to vote pursuant to NRS 293.485; and

     (b) The county clerk should proceed to process the application to register to vote.

Ê If the District Attorney advises the county clerk to process the application to register to vote, the county clerk shall immediately issue a voter registration card to the applicant pursuant to subsection 6.

     Sec. 25.  NRS 293.5235 is hereby amended to read as follows:

     293.5235  1.  Except as otherwise provided in NRS 293.502, a person may register to vote by mailing an application to register to vote to the county clerk of the county in which the person resides [.] or may register to vote by computer, if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register to vote. The county clerk shall, upon request, mail an application to register to vote to an applicant. The county clerk shall make the applications available at various public places in the county. An application to register to vote may be used to correct information in the registrar of voters’ register.

     2.  An application to register to vote which is mailed to an applicant by the county clerk or made available to the public at various locations or voter registration agencies in the county may be returned to the county clerk by mail or in person. For the purposes of this section, an application which is personally delivered to the county clerk shall be deemed to have been returned by mail.

     3.  The applicant must complete the application, including, without limitation, checking the boxes described in paragraphs (b) and (c) of subsection 10 and signing the application.

     4.  The county clerk shall, upon receipt of an application, determine whether the application is complete.

     5.  If the county clerk determines that the application is complete, he or she shall, within 10 days after receiving the application, mail to the applicant:

     (a) A notice that the applicant is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

     (b) A notice that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

     6.  Except as otherwise provided in subsection 5 of NRS 293.518, if the county clerk determines that the application is not complete, the county clerk shall, as soon as possible, mail a notice to the applicant that additional information is required to complete the application. If the applicant provides the information requested by the county clerk within 15 days after the county clerk mails the notice, the county clerk shall, within 10 days after receiving the information, mail to the applicant:

     (a) A notice that the applicant is registered to vote and a voter registration card as required by subsection 6 of NRS 293.517; or

 


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

ê2011 Statutes of Nevada, Page 2097 (Chapter 365, AB 82)ê

 

     (b) A notice that the registrar of voters’ register has been corrected to reflect any changes indicated on the application.

Ê If the applicant does not provide the additional information within the prescribed period, the application is void.

     7.  The applicant shall be deemed to be registered or to have corrected the information in the register on the date the application is postmarked or received by the county clerk, whichever is earlier.

     8.  If the applicant fails to check the box described in paragraph (b) of subsection 10, the application shall not be considered invalid and the county clerk shall provide a means for the applicant to correct the omission at the time the applicant appears to vote in person at the assigned polling place.

     9.  The Secretary of State shall prescribe the form for an application to register to vote by [mail] :

     (a) Mail, which must be used to register to vote by mail in this State.

     (b) Computer, which must be used to register to vote in a county if the county clerk has established a system pursuant to NRS 293.506 for using a computer to register to vote.

     10.  The application to register to vote by mail must include:

     (a) A notice in at least 10-point type which states:

 

      NOTICE: You are urged to return your application to register to vote to the County Clerk in person or by mail. If you choose to give your completed application to another person to return to the County Clerk on your behalf, and the person fails to deliver the application to the County Clerk, you will not be registered to vote. Please retain the duplicate copy or receipt from your application to register to vote.

 

     (b) The question, “Are you a citizen of the United States?” and boxes for the applicant to check to indicate whether or not the applicant is a citizen of the United States.

     (c) The question, “Will you be at least 18 years of age on or before election day?” and boxes for the applicant to check to indicate whether or not the applicant will be at least 18 years of age or older on election day.

     (d) A statement instructing the applicant not to complete the application if the applicant checked “no” in response to the question set forth in paragraph (b) or (c).

     (e) A statement informing the applicant that if the application is submitted by mail and the applicant is registering to vote for the first time, the applicant must submit the information set forth in paragraph (a) of subsection 2 of NRS 293.2725 to avoid the requirements of subsection 1 of NRS 293.2725 upon voting for the first time.

     11.  Except as otherwise provided in subsection 5 of NRS 293.518, the county clerk shall not register a person to vote pursuant to this section unless that person has provided all of the information required by the application.

     12.  The county clerk shall mail, by postcard, the notices required pursuant to subsections 5 and 6. If the postcard is returned to the county clerk by the United States Postal Service because the address is fictitious or the person does not live at that address, the county clerk shall attempt to determine whether the person’s current residence is other than that indicated on the application to register to vote in the manner set forth in NRS 293.530.

     13.  A person who, by mail, registers to vote pursuant to this section may be assisted in completing the application to register to vote by any other person.

 


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

ê2011 Statutes of Nevada, Page 2098 (Chapter 365, AB 82)ê

 

person. The application must include the mailing address and signature of the person who assisted the applicant. The failure to provide the information required by this subsection will not result in the application being deemed incomplete.

     14.  An application to register to vote must be made available to all persons, regardless of political party affiliation.

     15.  An application must not be altered or otherwise defaced after the applicant has completed and signed it. An application must be mailed or delivered in person to the office of the county clerk within 10 days after it is completed.

     16.  A person who willfully violates any of the provisions of subsection 13, 14 or 15 is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     17.  The Secretary of State shall adopt regulations to carry out the provisions of this section.

     Sec. 26.  NRS 293.565 is hereby amended to read as follows:

     293.565  1.  Except as otherwise provided in subsection [2,] 3, sample ballots must include:

     (a) If applicable, the statement required by NRS 293.267;

     (b) The fiscal note or description of anticipated financial effect, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482, 295.015 or 295.095 for each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

     (c) An explanation, as provided pursuant to NRS 218D.810, 293.250, 293.481, 293.482 or 295.121, of each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question;

     (d) Arguments for and against each proposed constitutional amendment, statewide measure, measure to be voted upon only by a special district or political subdivision and advisory question, and rebuttals to each argument, as provided pursuant to NRS 218D.810, 293.250, 293.252, 293.481, 293.482 or 295.121; and

     (e) The full text of each proposed constitutional amendment.

     2.  If, pursuant to the provisions of NRS 293.2565, the word “Incumbent” must appear on the ballot next to the name of the candidate who is the incumbent, the word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent.

     3.  Sample ballots that are mailed to registered voters may be printed without the full text of each proposed constitutional amendment if:

     (a) The cost of printing the sample ballots would be significantly reduced if the full text of each proposed constitutional amendment were not included;

     (b) The county clerk ensures that a sample ballot that includes the full text of each proposed constitutional amendment is provided at no charge to each registered voter who requests such a sample ballot; and

     (c) The sample ballots provided to each polling place include the full text of each proposed constitutional amendment.

     [3.] 4.  Before the period for early voting for any election begins, the county clerk shall cause to be mailed to each registered voter in the county a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place.

 


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

ê2011 Statutes of Nevada, Page 2099 (Chapter 365, AB 82)ê

 

sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

     (a) The county clerk shall mail a notice of the change to each registered voter in the county not sooner than 10 days before mailing the sample ballots; or

     (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

     [4.] 5.  Except as otherwise provided in subsection [5,] 6, a sample ballot required to be mailed pursuant to this section must:

     (a) Be printed in at least 12-point type; and

     (b) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

     [5.] 6.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

     [6.] 7.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

     [7.] 8.  If a person requests a sample ballot in large type, the county clerk shall ensure that all future sample ballots mailed to that person from the county are in large type.

     [8.] 9.  The county clerk shall include in each sample ballot a statement indicating that the county clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the county clerk has provided pursuant to subsection 4 of NRS 293.2955 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the county clerk shall include in the sample ballot a statement indicating:

     (a) The addresses of such centralized voting locations;

     (b) The types of specially equipped voting devices available at such centralized voting locations; and

     (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at his or her regularly designated polling place.

     [9.] 10.  The cost of mailing sample ballots for any election other than a primary or general election must be borne by the political subdivision holding the election.

 


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

ê2011 Statutes of Nevada, Page 2100 (Chapter 365, AB 82)ê

 

     Sec. 27.  NRS 293.567 is hereby amended to read as follows:

     293.567  After the close of registration for each primary election but not later than the [second Friday next] Friday preceding the primary election and after the close of registration for each general election but not later than the [second Friday next] Friday preceding the general election, the county clerk shall ascertain by precinct and district the number of registered voters in the county and their political affiliation, if any, and shall transmit that information to the Secretary of State.

     Sec. 28.  NRS 293.710 is hereby amended to read as follows:

     293.710  1.  It is unlawful for any person, in connection with any election , [or] petition [,] or registration of voters, whether acting himself or herself or through another person in his or her behalf, to:

     (a) Use or threaten to use any force, intimidation, coercion, violence, restraint or undue influence;

     (b) Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another;

     (c) Expose or publish or threaten to expose or publish any fact concerning another in order to induce or compel such other to vote or refrain from voting for any candidate or any question;

     (d) Impede or prevent, by abduction, duress or fraudulent contrivance, the free exercise of the franchise by any voter, or thereby to compel, induce or prevail upon any elector to give or refrain from giving his or her vote; or

     (e) Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.

     2.  [Unless a greater penalty is provided by law, any violation] A person who violates a provision of this section is [a gross misdemeanor.] guilty of a category E felony and shall be punished as provided in NRS 193.130.

     Sec. 29.  NRS 293.730 is hereby amended to read as follows:

     293.730  1.  A person shall not:

     (a) Remain in or outside of any polling place so as to interfere with the conduct of the election.

     (b) Except an election board officer, receive from any voter a ballot prepared by the voter.

     (c) Remove a ballot from any polling place before the closing of the polls.

     (d) Apply for or receive a ballot at any election precinct or district other than the one at which the person is entitled to vote.

     (e) Show his or her ballot to any person, after voting, so as to reveal any of the names voted for.

     (f) Inside a polling place, ask another person for whom he or she intends to vote.

     (g) Except an election board officer, deliver a ballot to a voter.

     (h) Except an election board officer in the course of the election board officer’s official duties, inside a polling place, ask another person his or her name, address or political affiliation.

     2.  A voter shall not:

     (a) Receive a ballot from any person other than an election board officer.

     (b) Deliver to an election board or to any member thereof any ballot other than the one received.

     (c) Place any mark upon his or her ballot by which it may afterward be identified as the one voted by the person.

 


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

ê2011 Statutes of Nevada, Page 2101 (Chapter 365, AB 82)ê

 

     3.  Any person who violates any provision of this section is guilty of a [gross misdemeanor.] category E felony and shall be punished as provided in NRS 193.130.

     Sec. 30.  NRS 293.740 is hereby amended to read as follows:

     293.740  1.  Except as otherwise provided in subsection 2, it is unlawful inside a polling place or within 100 feet from the entrance to the building or other structure in which a polling place is located:

     (a) For any person to solicit a vote or speak to a voter on the subject of marking the voter’s ballot.

     (b) For any person, including an election board officer, to do any electioneering on election day.

Ê The county clerk or registrar of voters shall ensure that, at the outer limits of the area within which electioneering is prohibited, notices are continuously posted on which are printed in large letters “Distance Marker: No electioneering between this point and the entrance to the polling place.”

     2.  The provisions of subsection 1 do not apply to the conduct of a person in a private residence or on commercial or residential property that is within 100 feet from the entrance to a building or other structure in which a polling place is located. The provisions of subsection 1 are not intended to prohibit a person from voting solely because he or she is wearing a prohibited political insigne and is reasonably unable to remove the insigne or cover it. In such a case, the election board officer shall take such action as is necessary to allow the voter to vote as expediently as possible and then assist the voter in exiting the polling place as soon as is possible.

     3.  Any person who violates any provision of this section is guilty of a gross misdemeanor.

     4.  As used in this section, “electioneering” means campaigning for or against a candidate, ballot question or political party by:

     (a) Posting signs relating to the support of or opposition to a candidate, ballot question or political party;

     (b) Distributing literature relating to the support of or opposition to a candidate, ballot question or political party;

     (c) Using loudspeakers to broadcast information relating to the support of or opposition to a candidate, ballot question or political party;

     (d) Buying, selling, wearing or displaying any badge, button or other insigne which is designed or tends to aid or promote the success or defeat of any political party or a candidate or ballot question to be voted upon at that election; or

     (e) [Polling or otherwise soliciting from a voter information as to whether the voter intends to vote or has voted for or against a particular political party, candidate or ballot question; or

     (f)] Soliciting signatures to any kind of petition.

     Sec. 31.  (Deleted by amendment.)

     Sec. 32.  NRS 293.755 is hereby amended to read as follows:

     293.755  1.  A person who tampers or interferes with, or attempts to tamper or interfere with, a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to prevent the proper operation of that device, system or program is guilty of a category D felony and shall be punished as provided in NRS 193.130.

     2.  A person who tampers or interferes with, or attempts to tamper or interfere with, a mechanical voting system, mechanical voting device or any computer program used to count ballots with the intent to influence the outcome of an election 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.

 


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

ê2011 Statutes of Nevada, Page 2102 (Chapter 365, AB 82)ê

 

the outcome of an election 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.

     3.  The county or city clerk shall report any alleged violation of this section to the district attorney who shall cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

     Sec. 33.  NRS 293.800 is hereby amended to read as follows:

     293.800  1.  A person who, for himself, herself or another person, willfully gives a false answer or answers to questions propounded to the person by the registrar or field registrar of voters relating to the information called for by the application to register to vote, or who willfully falsifies the application in any particular, or who violates any of the provisions of the election laws of this State or knowingly encourages another person to violate those laws is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     2.  A public officer or other person, upon whom any duty is imposed by this title, who willfully neglects his or her duty or willfully performs it in such a way as to hinder the objects and purposes of the election laws of this State, except where another penalty is provided, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     3.  If the person is a public officer, his or her office is forfeited upon conviction of any offense provided for in subsection 2.

     4.  A person who causes or endeavors to cause his or her name to be registered, knowing that he or she is not an elector or will not be an elector on or before the day of the next ensuing election in the precinct or district in which he or she causes or endeavors to cause the registration to be made, and any other person who induces, aids or abets the person in the commission of either of the acts is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     5.  A field registrar or other person who [:] provides to an elector an application to register to vote and who:

     (a) Knowingly falsifies [an] the application [to register to vote] or knowingly causes an application to be falsified; [or]

     (b) Knowingly provides money or other compensation to another for a falsified application [to register to vote,] ; or

     (c) Intentionally fails to submit to the county clerk a completed application,

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     Sec. 34.  NRS 293C.265 is hereby amended to read as follows:

     293C.265  1.  Except as otherwise provided in subsection 2 and in NRS 293.2725 and 293.3083, a person who registered by mail or computer to vote [pursuant to the provisions of NRS 293.5235] shall, for the first city election in which the person votes at which that registration is valid, vote in person unless he or she has previously voted in the county in which he or she is registered to vote.

     2.  The provisions of subsection 1 do not apply to a person who:

     (a) Is entitled to vote in the manner prescribed in NRS 293C.342 to 293C.352, inclusive;

     (b) Is entitled to vote an absent ballot pursuant to federal law or NRS 293C.317 or 293C.318;

 


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

ê2011 Statutes of Nevada, Page 2103 (Chapter 365, AB 82)ê

 

     (c) Is disabled;

     (d) Submits or has previously submitted a written request for an absent ballot that is signed by the registered voter before a notary public or other person authorized to administer an oath; or

     (e) Requests an absent ballot in person at the office of the city clerk.

     Sec. 35.  NRS 293C.342 is hereby amended to read as follows:

     293C.342  1.  A registered voter who resides in an election precinct in which there were not more than 200 voters registered for the last preceding city general election, or in a precinct in which it appears to the satisfaction of the city clerk and Secretary of State that there are not more than 200 registered voters, may vote at any election regulated by this chapter in the manner provided in NRS 293C.345 to 293C.352, inclusive.

     2.  Whenever the city clerk has designated a precinct as a mailing precinct, registered voters residing in that precinct may vote at any election regulated by this chapter in the manner provided in NRS 293C.345 to 293C.352, inclusive.

     Sec. 36.  NRS 293C.530 is hereby amended to read as follows:

     293C.530  1.  Before the period for early voting for any election begins, the city clerk shall cause to be mailed to each registered voter in the city a sample ballot for his or her precinct, with a notice informing the voter of the location of his or her polling place. If the location of the polling place has changed since the last election:

     (a) The city clerk shall mail a notice of the change to each registered voter in the city not sooner than 10 days before mailing the sample ballots; or

     (b) The sample ballot must also include a notice in bold type immediately above the location which states:

 

NOTICE: THE LOCATION OF YOUR POLLING PLACE

HAS CHANGED SINCE THE LAST ELECTION

 

     2.  Except as otherwise provided in subsection [3,] 4, a sample ballot required to be mailed pursuant to this section must:

     (a) Be printed in at least 12-point type;

     (b) Include the description of the anticipated financial effect and explanation of each citywide measure and advisory question, including arguments for and against the measure or question, as required pursuant to NRS 293.481, 293.482, 295.205 or 295.217; and

     (c) Include on the front page, in a separate box created by bold lines, a notice printed in at least 20-point bold type that states:

 

NOTICE: TO RECEIVE A SAMPLE BALLOT IN

LARGE TYPE, CALL (Insert appropriate telephone number)

 

     3.  The word “Incumbent” must appear on the sample ballot next to the name of the candidate who is the incumbent, if required pursuant to NRS 293.2565.

     4.  A portion of a sample ballot that contains a facsimile of the display area of a voting device may include material in less than 12-point type to the extent necessary to make the facsimile fit on the pages of the sample ballot.

 


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

ê2011 Statutes of Nevada, Page 2104 (Chapter 365, AB 82)ê

 

     [4.] 5.  The sample ballot mailed to a person who requests a sample ballot in large type by exercising the option provided pursuant to NRS 293.508, or in any other manner, must be printed in at least 14-point type, or larger when practicable.

     [5.] 6.  If a person requests a sample ballot in large type, the city clerk shall ensure that all future sample ballots mailed to that person from the city are in large type.

     [6.] 7.  The city clerk shall include in each sample ballot a statement indicating that the city clerk will, upon request of a voter who is elderly or disabled, make reasonable accommodations to allow the voter to vote at his or her polling place and provide reasonable assistance to the voter in casting his or her vote, including, without limitation, providing appropriate materials to assist the voter. In addition, if the city clerk has provided pursuant to subsection 4 of NRS 293C.281 for the placement at centralized voting locations of specially equipped voting devices for use by voters who are elderly or disabled, the city clerk shall include in the sample ballot a statement indicating:

     (a) The addresses of such centralized voting locations;

     (b) The types of specially equipped voting devices available at such centralized voting locations; and

     (c) That a voter who is elderly or disabled may cast his or her ballot at such a centralized voting location rather than at the voter’s regularly designated polling place.

     [7.] 8.  The cost of mailing sample ballots for a city election must be borne by the city holding the election.

     Secs. 37-40.  (Deleted by amendment.)

     Sec. 40.5.  Chapter 294A of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  A foreign national shall not, directly or indirectly, make a contribution or a commitment to make a contribution to:

     (a) A candidate;

     (b) A committee for political action;

     (c) A committee for the recall of a public officer;

     (d) A person who is not under the direction or control of a candidate, of a group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure that is not solicited or approved by the candidate or group;

     (e) A political party, committee sponsored by a political party or business entity that makes an expenditure on behalf of a candidate or group of candidates;

     (f) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts;

     (g) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as contributions or expenditures by the candidate; or

     (h) A nonprofit corporation that is registered or required to be registered pursuant to NRS 294A.225.

     2.  Except as otherwise provided in subsection 3, a candidate, person, group, committee, political party, organization, business entity or nonprofit corporation described in subsection 1 shall not knowingly solicit, accept or receive a contribution or a commitment to make a contribution from a foreign national.

 


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

ê2011 Statutes of Nevada, Page 2105 (Chapter 365, AB 82)ê

 

     3.  For the purposes of subsection 2, if a candidate, person, group, committee, political party, organization, business entity or nonprofit corporation is aware of facts that would lead a reasonable person to inquire whether the source of a contribution is a foreign national, the candidate, person, group, committee, political party, organization, business entity or nonprofit corporation shall be deemed to have not knowingly solicited, accepted or received a contribution in violation of subsection 2 if the candidate, person, group, committee, political party, organization, business entity or nonprofit corporation requests and obtains from the source of the contribution a copy of current and valid United States passport papers. This subsection does not apply to any candidate, person, group, committee, political party, organization, business entity or nonprofit corporation if the candidate, person, group, committee, political party, organization, business entity or nonprofit corporation has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national.

     4.  If a candidate, person, group, committee, political party, organization, business entity or nonprofit corporation discovers that the candidate, person, group, committee, political party, organization, business entity or nonprofit corporation received a contribution in violation of this section, the candidate, person, group, committee, political party, organization, business entity or nonprofit corporation shall, if at the time of discovery of the violation:

     (a) Sufficient money received as contributions is available, return the contribution received in violation of this section not later than 30 days after such discovery.

     (b) Except as otherwise provided in paragraph (c), sufficient money received as contributions is not available, return the contribution received in violation of this section as contributions become available for this purpose.

     (c) Sufficient money received as contributions is not available and contributions are no longer being solicited or accepted, not be required to return any amount of the contribution received in violation of this section that exceeds the amount of contributions available for this purpose.

     5.  A violation of any provision of this section is a gross misdemeanor.

     6.  As used in this section:

     (a) “Foreign national” has the meaning ascribed to it in 2 U.S.C. § 441e.

     (b) “Knowingly” means that a candidate, person, group, committee, political party, organization, business entity or nonprofit corporation:

           (1) Has actual knowledge that the source of the contribution solicited, accepted or received is a foreign national;

           (2) Is aware of facts which would lead a reasonable person to conclude that there is a substantial probability that the source of the contribution solicited, accepted or received is a foreign national; or

           (3) Is aware of facts which would lead a reasonable person to inquire whether the source of the contribution solicited, accepted or received is a foreign national, but failed to conduct a reasonable inquiry.

     Sec. 41.  NRS 294A.0055 is hereby amended to read as follows:

     294A.0055  1.  “Committee for political action” means any group of natural persons or entities that solicits or receives contributions from any other person, group or entity and:

 


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

ê2011 Statutes of Nevada, Page 2106 (Chapter 365, AB 82)ê

 

     (a) Makes or intends to make contributions to candidates or other persons; or

     (b) Makes or intends to make expenditures,

Ê designed to affect the outcome of any primary [,] election, primary city election, general [or] election, general city election, special election or question on the ballot.

     2.  “Committee for political action” does not include:

     (a) An organization made up of legislative members of a political party whose primary purpose is to provide support for their political efforts.

     (b) An entity solely because it provides goods or services to a candidate or committee in the regular course of its business at the same price that would be provided to the general public.

     (c) An individual natural person.

     (d) An individual corporation or other business organization who has filed articles of incorporation or other documentation of organization with the Secretary of State pursuant to title 7 of NRS.

     (e) A labor union.

     (f) A personal campaign committee or the personal representative of a candidate who receives contributions or makes expenditures that are reported as campaign contributions or expenditures by the candidate.

     (g) A committee for the recall of a public officer.

     Sec. 42.  NRS 294A.007 is hereby amended to read as follows:

     294A.007  1.  “Contribution” means a gift, loan, conveyance, deposit, payment, transfer or distribution of money or of anything of value other than the services of a volunteer, and includes:

     (a) The payment by any person, other than a candidate, of compensation for the personal services of another person which are rendered to a:

           (1) Candidate;

           (2) Person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group; or

           (3) Committee for political action, political party, committee sponsored by a political party or business entity which makes an expenditure on behalf of a candidate or group of candidates , [; or

           (4) Person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a question or group of questions on the ballot,]

Ê without charge to the candidate, person, committee or political party.

     (b) The value of services provided in kind for which money would have otherwise been paid, such as paid polling and resulting data, paid direct mail, paid solicitation by telephone, any paid paraphernalia that was printed or otherwise produced to promote a campaign and the use of paid personnel to assist in a campaign.

     2.  As used in this section, “volunteer” means a person who does not receive compensation of any kind, directly or indirectly, for the services provided to a campaign.

     Sec. 43.  NRS 294A.100 is hereby amended to read as follows:

     294A.100  1.  A person shall not make or commit to make a contribution or contributions to a candidate for any office, except a federal office, in an amount which exceeds $5,000 for the primary election or primary city election, regardless of the number of candidates for the office, and $5,000 for the general election or general city election, regardless of the number of candidates for the office, during the period:

 


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

ê2011 Statutes of Nevada, Page 2107 (Chapter 365, AB 82)ê

 

and $5,000 for the general election or general city election, regardless of the number of candidates for the office, during the period:

     (a) Beginning from 30 days before the regular session of the Legislature immediately following the last election for the office and ending 30 days before the regular session of the Legislature immediately following the next election for the office, if that office is a state, district, county or township office; or

     (b) Beginning from 30 days after the last election for the office and ending 30 days before the next general city election for the office, if that office is a city office.

     2.  A candidate shall not accept a contribution or commitment to make a contribution made in violation of subsection 1.

     3.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

     Secs. 44-47.  (Deleted by amendment.)

     Sec. 48.  NRS 294A.150 is hereby amended to read as follows:

     294A.150  1.  [Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who] Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall, not later than January 15 of each year that the provisions of this subsection apply to the [person, group of persons or business entity,] committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each campaign contribution in excess of $1,000 received during that period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury. The provisions of this subsection apply to [the person, group of persons or business entity:] a committee for political action:

     (a) Each year in which [:

           (1) An] an election or city election is held for each question for which the [person, group of persons or business entity] committee for political action advocates passage or defeat; [or

           (2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election;] and

     (b) The year after [each] the year described in paragraph (a).

     2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection.

 


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

ê2011 Statutes of Nevada, Page 2108 (Chapter 365, AB 82)ê

 

$10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. A [person, group of persons or business entity] committee for political action described in this subsection shall, not later than:

     (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

     (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

     (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through June 30 of that year,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

     3.  The name and address of the contributor and the date on which the contribution was received must be included on the report for each contribution in excess of $1,000 and contributions which a contributor has made cumulatively in excess of that amount since the beginning of the current reporting period.

     4.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. [Except as otherwise provided in NRS 294A.283, if] If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection.

 


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

ê2011 Statutes of Nevada, Page 2109 (Chapter 365, AB 82)ê

 

requirements of this subsection. A [person, group of persons or business entity] committee for political action described in this subsection shall, not later than:

     (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

     (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

     5.  Except as otherwise provided in subsection 6, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall, not later than:

     (a) Seven days before the special election, for the period from the date that the question qualified for the ballot through 12 days before the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each campaign contribution in excess of $1,000 received during the period and contributions received during the period from a contributor which cumulatively exceed $1,000. The report must be completed on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

     6.  Every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall report each of the contributions received on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     7.  The reports required pursuant to this section must be filed with:

 


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

ê2011 Statutes of Nevada, Page 2110 (Chapter 365, AB 82)ê

 

     (a) If the question is submitted to the voters of one county, the county clerk of that county;

     (b) If the question is submitted to the voters of one city, the city clerk of that city; or

     (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

     8.  A person may mail or transmit the report to the appropriate officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  If the [person or group of persons, including a business entity,] committee for political action is advocating passage or defeat of a group of questions, the reports must be itemized by question or petition.

     10.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

     Sec. 49.  (Deleted by amendment.)

     Sec. 50.  NRS 294A.160 is hereby amended to read as follows:

     294A.160  1.  It is unlawful for a candidate to spend money received as a campaign contribution for the candidate’s personal use.

     2.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who is elected to that office and received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall:

     (a) Return the unspent money to contributors;

     (b) Use the money in the candidate’s next election or for the payment of other expenses related to public office or his or her campaign, regardless of whether he or she is a candidate for a different office in the candidate’s next election;

     (c) Contribute the money to:

           (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

           (2) A political party; or

           (3) [A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot; or

           (4)] Any combination of persons or groups set forth in subparagraphs (1) [,] and (2) ; [and (3);]

     (d) Donate the money to any tax-exempt nonprofit entity; [or]

     (e) Donate the money to any governmental entity or fund of this State or a political subdivision of this State and may request that the money be used for a specific purpose; or

     (f) Dispose of the money in any combination of the methods provided in paragraphs (a) to [(d),] (e), inclusive.

     3.  Every candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election who withdraws after filing a declaration of candidacy or an acceptance of candidacy or is [not elected to] defeated for that office and who received contributions that were not spent or committed for expenditure before the primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after the [candidate’s defeat:] election:

 


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

ê2011 Statutes of Nevada, Page 2111 (Chapter 365, AB 82)ê

 

primary, general, primary city, general city or special election shall, not later than the 15th day of the second month after the [candidate’s defeat:] election:

     (a) Return the unspent money to contributors;

     (b) Contribute the money to:

           (1) The campaigns of other candidates for public office or for the payment of debts related to their campaigns;

          (2) A political party; or

           (3) [A person or group of persons advocating the passage or defeat of a question or group of questions on the ballot;] Any combination of persons or groups set forth in subparagraphs (1) [,] and (2) ; [and (3);]

     (c) Donate the money to any tax-exempt nonprofit entity; [or]

     (d) Donate the money to any governmental entity or fund of this State or a political subdivision of this State and may request that the money be used for a specific purpose; or

     (e) Dispose of the money in any combination of the methods provided in paragraphs (a) [, (b) and (c).] to (d), inclusive.

     4.  Every candidate for a state, district, county, city or township office who withdraws after filing a declaration of candidacy or an acceptance of candidacy or is defeated for that office at a primary or primary city election and received a contribution from a person in excess of $5,000 shall, not later than the 15th day of the second month after the [candidate’s defeat,] election, return any money in excess of $5,000 to the contributor.

     5.  [Every] Except as otherwise provided in subsection 6, every public officer who:

     (a) Holds a state, district, county, city or township office;

     (b) Does not run for reelection to that office and is not a candidate for any other office; and

     (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê shall, not later than the 15th day of the second month after the expiration of the public officer’s term of office, dispose of those contributions in the manner provided in subsection 3.

     6.  A public officer who:

     (a) Holds a state, district, county, city or township office;

     (b) Does not run for reelection to that office and is a candidate for any other office; and

     (c) Has contributions that are not spent or committed for expenditure remaining from a previous election,

Ê may use the unspent campaign contributions in a future election. Such a public officer is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.360 and 294A.362 for as long as the public officer is a candidate for any office.

     7.  In addition to the methods for disposing the unspent money set forth in subsections 2, 3 [and 4,] , 4 and 6, a Legislator may donate not more than $500 of that money to the Nevada Silver Haired Legislative Forum created pursuant to NRS 427A.320.

     [7.] 8.  Any contributions received before a candidate for a state, district, county, city or township office at a primary, general, primary city, general city or special election dies that were not spent or committed for expenditure before the death of the candidate must be disposed of in the manner provided in subsection 3.

 


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

ê2011 Statutes of Nevada, Page 2112 (Chapter 365, AB 82)ê

 

     [8.] 9.  The court shall, in addition to any penalty which may be imposed pursuant to NRS 294A.420, order the candidate or public officer to dispose of any remaining contributions in the manner provided in this section.

     [9.] 10.  As used in this section, “contributions” include any interest and other income earned thereon.

     Sec. 51.  NRS 294A.200 is hereby amended to read as follows:

     294A.200  1.  Every candidate for state, district, county or township office at a primary or general election shall, not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year, report each of the campaign expenses in excess of $100 incurred and each amount in excess of $100 disposed of pursuant to NRS 294A.160 or subsection 4 of NRS 294A.286 during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury. The provisions of this subsection apply to the candidate:

     (a) Beginning the year of the general election for that office through the year immediately preceding the next general election for that office; and

     (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 [.] or 294A.286.

     2.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, not later than:

     (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election;

     (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election; and

     (c) July 15 of the year of the general election for that office, for the period from 11 days before the general election through June 30 of that year,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     3.  Every candidate for state, district, county or township office at a primary or general election shall, if the general election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, not later than:

     (a) Seven days before the primary election for that office, for the period from the January 1 immediately preceding the primary election through 12 days before the primary election; and

     (b) Seven days before the general election for that office, for the period from 11 days before the primary election through 12 days before the general election,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by the candidate under penalty of perjury.

 


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

ê2011 Statutes of Nevada, Page 2113 (Chapter 365, AB 82)ê

 

     4.  Except as otherwise provided in subsection 5, every candidate for a district office at a special election shall, not later than:

     (a) Seven days before the special election, for the period from the candidate’s nomination through 12 days before the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each of the campaign expenses in excess of $100 incurred during the period on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the candidate under penalty of perjury.

     5.  Every candidate for state, district, county, municipal or township office at a special election to determine whether a public officer will be recalled shall report each of the campaign expenses in excess of $100 incurred on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by the candidate under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     6.  Reports of campaign expenses must be filed with the officer with whom the candidate filed the declaration of candidacy or acceptance of candidacy. A candidate may mail or transmit the report to that officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     7.  County clerks who receive from candidates for legislative or judicial office, including, without limitation, the office of justice of the peace or municipal judge, reports of campaign expenses pursuant to this section shall file a copy of each report with the Secretary of State within 10 working days after receiving the report.

     Secs. 52 and 53.  (Deleted by amendment.)

     Sec. 54.  NRS 294A.220 is hereby amended to read as follows:

     294A.220  1.  [Except as otherwise provided in NRS 294A.283, every person or group of persons organized formally or informally, including a business entity, who] Every committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall, not later than January 15 of each year that the provisions of this subsection apply to the [person or group of persons,] committee for political action, for the period from January 1 of the previous year through December 31 of the previous year, report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373.

 


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

ê2011 Statutes of Nevada, Page 2114 (Chapter 365, AB 82)ê

 

form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury. The provisions of this subsection apply to the [person, group of persons or business entity:] committee for political action:

     (a) Each year in which [:

           (1) An] an election or city election is held for a question for which the [person, group of persons or business entity] committee for political action advocates passage or defeat; [or

           (2) A person, group of persons or business entity receives or expends money in excess of $10,000 to advocate the passage or defeat of a question or group of questions on the ballot at a primary election, primary city election, general election or general city election;] and

     (b) The year after [each] the year described in paragraph (a).

     2.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after January 1 and before the July 1 immediately following that January 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. If a question is on the ballot at a general election or general city election held on or after January 1 and before the July 1 immediately following that January 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. A [person, group of persons or business entity] committee for political action described in this subsection shall, not later than:

     (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election;

     (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election; and

     (c) July 15 of the year of the general election or general city election, for the period from 11 days before the general election or general city election through the June 30 immediately preceding that July 15,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

 


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

ê2011 Statutes of Nevada, Page 2115 (Chapter 365, AB 82)ê

 

     3.  If a question is on the ballot at a primary election or primary city election and the general election or general city election immediately following that primary election or primary city election is held on or after July 1 and before the January 1 immediately following that July 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. [Except as otherwise provided in NRS 294A.283, if] If a question is on the ballot at a general election or general city election held on or after July 1 and before the January 1 immediately following that July 1, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of the question or a group of questions that includes the question [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall comply with the requirements of this subsection. A [person, group of persons or business entity] committee for political action described in this subsection shall, not later than:

     (a) Seven days before the primary election or primary city election, for the period from the January 1 immediately preceding the primary election or primary city election through 12 days before the primary election or primary city election; and

     (b) Seven days before the general election or general city election, for the period from 11 days before the primary election or primary city election through 12 days before the general election or general city election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

     4.  Except as otherwise provided in subsection 5, every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election shall, not later than:

     (a) Seven days before the special election, for the period from the date the question qualified for the ballot through 12 days before the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election,

Ê report each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. The form must be signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury.

 


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

ê2011 Statutes of Nevada, Page 2116 (Chapter 365, AB 82)ê

 

     5.  Every [person or group of persons organized formally or informally, including a business entity, who] committee for political action that advocates the passage or defeat of a question or group of questions on the ballot at a special election to determine whether a public officer will be recalled [and who receives or expends money in an amount in excess of $10,000 to advocate the passage or defeat of such question or group of questions] shall list each expenditure made during the period on behalf of or against the question, the group of questions or a question in the group of questions on the ballot in excess of $1,000 on the form designed and provided by the Secretary of State pursuant to NRS 294A.373 and signed by [the person or] a representative of the [group or business entity] committee for political action under penalty of perjury, 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     6.  Expenditures made within the State or made elsewhere but for use within the State, including expenditures made outside the State for printing, television and radio broadcasting or other production of the media, must be included in the report.

     7.  The reports required pursuant to this section must be filed with:

     (a) If the question is submitted to the voters of one county, the county clerk of that county;

     (b) If the question is submitted to the voters of one city, the city clerk of that city; or

     (c) If the question is submitted to the voters of more than one county or city, the Secretary of State.

     8.  If an expenditure is made on behalf of a group of questions, the reports must be itemized by question or petition. A person may mail or transmit the report to the appropriate filing officer by regular mail, certified mail, facsimile machine or electronic means. A report shall be deemed to be filed with the filing officer:

     (a) On the date that it was mailed if it was sent by certified mail; or

     (b) On the date that it was received by the filing officer if the report was sent by regular mail, transmitted by facsimile machine or electronic means, or delivered personally.

     9.  Each county clerk or city clerk who receives a report pursuant to this section shall file a copy of the report with the Secretary of State within 10 working days after receiving the report.

     Sec. 55.  (Deleted by amendment.)

     Sec. 56.  NRS 294A.230 is hereby amended to read as follows:

     294A.230  1.  Each committee for political action shall, before it engages in any activity in this State, register with the Secretary of State on forms supplied by the Secretary of State.

     2.  The form must require:

     (a) The name of the committee;

     (b) The purpose for which it was organized;

 


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

ê2011 Statutes of Nevada, Page 2117 (Chapter 365, AB 82)ê

 

     (c) The names, addresses and telephone numbers of its officers;

     (d) If the committee for political action is affiliated with any other organizations, the name, address and telephone number of each organization;

     (e) The name, address and telephone number of its registered agent; and

     (f) Any other information deemed necessary by the Secretary of State.

     3.  A committee for political action shall file with the Secretary of State [an] :

     (a) An amended form for registration within 30 days after any change in the information contained in the form for registration.

     (b) A form for registration on or before January 15 of each year, regardless of whether there is a change in the information contained in the most recent form for registration filed by the committee for political action with the Secretary of State.

     4.  The Secretary of State shall include on the Secretary of State’s Internet website the information required pursuant to subsection 2.

     Secs. 57 and 58.  (Deleted by amendment.)

     Sec. 59.  NRS 294A.286 is hereby amended to read as follows:

     294A.286  1.  A person who administers a legal defense fund shall:

     (a) Within 5 days after the creation of the legal defense fund, notify the Secretary of State of the creation of the fund on a form provided by the Secretary of State; and

     (b) For the same period covered by the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360, report any contribution received by or expenditure made from the legal defense fund.

     2.  The reports required by paragraph (b) of subsection 1 must be submitted on the form designed and provided by the Secretary of State pursuant to NRS 294A.373. Each form must be signed by the administrator of the legal defense fund under penalty of perjury.

     3.  The reports required by paragraph (b) of subsection 1 must be filed in the same manner and at the same time as the report filed pursuant to NRS 294A.120, 294A.200 or 294A.360.

     4.  Not later than the 15th day of the second month after the conclusion of all civil, criminal or administrative claims or proceedings for which a candidate or public officer established a legal defense fund, the candidate or public officer shall:

     (a) Return the unspent money to contributors;

     (b) Donate the money to any tax-exempt nonprofit entity; or

     (c) Dispose of the money in any combination of the methods provided in paragraphs (a) and (b).

     Sec. 60.  NRS 294A.287 is hereby amended to read as follows:

     294A.287  1.  A person shall not make or commit to make a contribution or contributions to the legal defense fund of a candidate or public officer in an amount which exceeds $10,000 during the applicable period prescribed in NRS 294A.100 pertaining to the office the candidate is seeking or that the public officer holds.

     2.  A candidate or public officer shall not accept a contribution or commitment to make a contribution to his or her legal defense fund that is made in violation of subsection 1.

     3.  A person who willfully violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130.

 


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

ê2011 Statutes of Nevada, Page 2118 (Chapter 365, AB 82)ê

 

     Sec. 61.  NRS 294A.300 is hereby amended to read as follows:

     294A.300  1.  It is unlawful for a member of the Legislature, the Lieutenant Governor, the Lieutenant Governor-Elect, the Governor or the Governor-Elect to solicit or accept any monetary contribution, or solicit or accept a commitment to make such a contribution for any political purpose during the period beginning:

     (a) Thirty days before a regular session of the Legislature and ending 30 days after the final adjournment of a regular session of the Legislature;

     (b) Fifteen days before a special session of the Legislature is set to commence and ending 15 days after the final adjournment of a special session of the Legislature, if the Governor sets a specific date for the commencement of the special session that is more than 15 days after the Governor issues the proclamation calling for the special session; or

     (c) The day after the Governor issues a proclamation calling for a special session of the Legislature and ending 15 days after the final adjournment of a special session of the Legislature if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the Governor issues the proclamation calling for the special session.

     2.  A person shall not make or commit to make a contribution or commitment prohibited by subsection 1.

     3.  This section does not prohibit the payment of a salary or other compensation or income to a member of the Legislature, the Lieutenant Governor or the Governor during a session of the Legislature if it is made for services provided as a part of his or her regular employment or is additional income to which he or she is entitled.

     [3.] 4.  As used in this section, “political purpose” includes, without limitation, the establishment of, or the addition of money to, a legal defense fund.

     Sec. 62.  NRS 294A.347 is hereby amended to read as follows:

     294A.347  1.  A statement which:

     (a) Is published within 60 days before a general election, general city election or special election or 30 days before a primary election or primary city election;

     (b) Expressly advocates the election or defeat of a clearly identified candidate for a state or local office; and

     (c) Is published by a person who receives compensation from the candidate, an opponent of the candidate [,] or a person, party [, committee or business entity required to report expenditures pursuant to NRS 294A.210,] or committee for political action,

Ê must contain a disclosure of the fact that the person receives compensation pursuant to paragraph (c) and the name of the person , party [, committee or business entity] or committee for political action providing that compensation.

     2.  A statement which:

     (a) Is published by a candidate within 60 days before a general election, general city election or special election or 30 days before a primary election or primary city election; and

     (b) Contains the name of the candidate,

Ê shall be deemed to comply with the provisions of this section.

     3.  As used in this section, “publish” means the act of:

 


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

ê2011 Statutes of Nevada, Page 2119 (Chapter 365, AB 82)ê

 

     (a) Printing, posting, broadcasting, mailing or otherwise disseminating; or

     (b) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.

     Sec. 63.  NRS 294A.360 is hereby amended to read as follows:

     294A.360  1.  Every candidate for city office at a primary city election or general city election shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than January 15 of each year, for the period from January 1 of the previous year through December 31 of the previous year. The provisions of this subsection apply to the candidate:

     (a) Beginning the year of the general city election for that office through the year immediately preceding the next general city election for that office; and

     (b) Each year immediately succeeding a calendar year during which the candidate disposes of contributions pursuant to NRS 294A.160 [.] or subsection 4 of NRS 294A.286.

     2.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after January 1 and before the July 1 immediately following that January 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:

     (a) Seven days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through 12 days before the primary city election;

     (b) Seven days before the general city election for that office, for the period from 11 days before the primary city election through 12 days before the general city election; and

     (c) July 15 of the year of the general city election for that office, for the period from 11 days before the general city election through the June 30 of that year.

     3.  Every candidate for city office at a primary city election or general city election, if the general city election for the office for which he or she is a candidate is held on or after July 1 and before the January 1 immediately following that July 1, shall file the reports in the manner required by NRS 294A.120, 294A.128 and 294A.200 for other offices not later than:

     (a) Seven days before the primary city election for that office, for the period from the January 1 immediately preceding the primary city election through 12 days before the primary city election; and

     (b) Seven days before the general city election for that office, for the period from 11 days before the primary city election through 12 days before the general city election.

     4.  Except as otherwise provided in subsection 5, every candidate for city office at a special election shall so file those reports:

     (a) Seven days before the special election, for the period from the candidate’s nomination through 12 days before the special election; and

     (b) Thirty days after the special election, for the remaining period through the special election.

 


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

ê2011 Statutes of Nevada, Page 2120 (Chapter 365, AB 82)ê

 

     5.  Every candidate for city office at a special election to determine whether a public officer will be recalled shall so file those reports 30 days after:

     (a) The special election, for the period from the filing of the notice of intent to circulate the petition for recall through the special election; or

     (b) If the special election is not held because a district court determines that the petition for recall is legally insufficient pursuant to subsection 6 of NRS 306.040, for the period from the filing of the notice of intent to circulate the petition for recall through the date of the district court’s decision.

     Sec. 64.  (Deleted by amendment.)

     Sec. 65.  NRS 294A.365 is hereby amended to read as follows:

     294A.365  1.  Each report of expenditures required pursuant to NRS 294A.210, 294A.220 [,] and 294A.280 [and 294A.283] must consist of a list of each expenditure in excess of $100 [or $1,000, as is appropriate,] that was made during the periods for reporting. Each report of expenses required pursuant to NRS 294A.125 and 294A.200 must consist of a list of each expense in excess of $100 that was incurred during the periods for reporting. The list in each report must state the category and amount of the expense or expenditure and the date on which the expense was incurred or the expenditure was made.

     2.  The categories of expense or expenditure for use on the report of expenses or expenditures are:

     (a) Office expenses;

     (b) Expenses related to volunteers;

     (c) Expenses related to travel;

     (d) Expenses related to advertising;

     (e) Expenses related to paid staff;

     (f) Expenses related to consultants;

     (g) Expenses related to polling;

     (h) Expenses related to special events;

     (i) Except as otherwise provided in NRS 294A.362, goods and services provided in kind for which money would otherwise have been paid; and

     (j) Other miscellaneous expenses.

     3.  Each report of expenses or expenditures described in subsection 1 must list the disposition of any unspent campaign contributions using the categories set forth in subsection 2 of NRS 294A.160 [.] or subsection 4 of NRS 294A.286.

     Sec. 66.  NRS 294A.373 is hereby amended to read as follows:

     294A.373  1.  The Secretary of State shall design a single form to be used for all reports of campaign contributions and expenses or expenditures that are required to be filed pursuant to NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280, [294A.283,] 294A.360 and 294A.362 and reports of contributions received by and expenditures made from a legal defense fund that are required to be filed pursuant to NRS 294A.286.

     2.  The form designed by the Secretary of State pursuant to this section must only request information specifically required by statute.

     3.  Upon request, the Secretary of State shall provide a copy of the form designed pursuant to this section to each person, committee, political party [, group] and business entity that is required to file a report described in subsection 1.

 


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

ê2011 Statutes of Nevada, Page 2121 (Chapter 365, AB 82)ê

 

     4.  The Secretary of State must obtain the advice and consent of the Legislative Commission before providing a copy of a form designed or revised by the Secretary of State pursuant to this section to a person, committee, political party [, group] or business entity that is required to use the form.

     Sec. 67.  (Deleted by amendment.)

     Sec. 68.  NRS 294A.382 is hereby amended to read as follows:

     294A.382  The Secretary of State shall not request or require a candidate, person, [group of persons,] committee, political party or business entity to list each of the expenditures or campaign expenses of $100 or less on a form designed and provided pursuant to NRS 294A.373.

     Sec. 69.  NRS 294A.390 is hereby amended to read as follows:

     294A.390  The officer from whom a candidate or entity requests a form for:

     1.  A declaration of candidacy;

     2.  An acceptance of candidacy;

     3.  The registration of a committee for political action pursuant to NRS 294A.230, a committee for the recall of a public officer pursuant to NRS 294A.250 or a business entity that wishes to engage in certain political activity pursuant to NRS 294A.227;

     4.  The reporting of the creation of a legal defense fund pursuant to NRS 294A.286; or

     5.  The reporting of campaign contributions, expenses or expenditures pursuant to NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 [, 294A.283] or 294A.360 and the reporting of contributions received by and expenditures made from a legal defense fund pursuant to NRS 294A.286,

Ê shall furnish the candidate with the necessary forms for reporting and copies of the regulations adopted by the Secretary of State pursuant to this chapter. An explanation of the applicable provisions of NRS 294A.100, 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 [, 294A.283] or 294A.360 relating to the making, accepting or reporting of campaign contributions, expenses or expenditures and the penalties for a violation of those provisions as set forth in NRS 294A.100 or 294A.420, and an explanation of NRS 294A.286 and 294A.287 relating to the accepting or reporting of contributions received by and expenditures made from a legal defense fund and the penalties for a violation of those provisions as set forth in NRS 294A.287 and 294A.420, must be developed by the Secretary of State and provided upon request. The candidate or entity shall acknowledge receipt of the material.

     Sec. 70.  (Deleted by amendment.)

     Sec. 71.  NRS 294A.400 is hereby amended to read as follows:

     294A.400  The Secretary of State shall, within 30 days after receipt of the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.270, 294A.280 [, 294A.283] and 294A.286, prepare and make available for public inspection a compilation of:

     1.  The total campaign contributions, the contributions which are in excess of $100 and the total campaign expenses of each of the candidates from whom reports of those contributions and expenses are required.

 


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

ê2011 Statutes of Nevada, Page 2122 (Chapter 365, AB 82)ê

 

     2.  The total amount of loans to a candidate guaranteed by a third party, the total amount of loans made to a candidate that have been forgiven and the total amount of written commitments for contributions received by a candidate.

     3.  The contributions made to a committee for the recall of a public officer in excess of $100.

     4.  The expenditures exceeding $100 made by a:

     (a) Person on behalf of a candidate other than the person.

     (b) Group of persons or business entity advocating the election or defeat of a candidate.

     (c) Committee for the recall of a public officer.

     5.  The contributions in excess of $100 made to:

     (a) A person who is not under the direction or control of a candidate or group of candidates or of any person involved in the campaign of the candidate or group who makes an expenditure on behalf of the candidate or group which is not solicited or approved by the candidate or group.

     (b) A committee for political action, political party, committee sponsored by a political party or business entity which makes an expenditure on behalf of a candidate or group of candidates.

     6.  [The contributions in excess of $1,000 made to and the expenditures exceeding $1,000 made by a:

     (a) Person or group of persons organized formally or informally, including a business entity who advocates the passage or defeat of a question or group of questions on the ballot and who receives or expends money in an amount in excess of $10,000 for such advocacy, except as otherwise provided in paragraph (b).

     (b) Person or group of persons organized formally or informally, including a business entity, who advocates the passage or defeat of a constitutional amendment or statewide measure proposed by an initiative or referendum, including, without limitation, the initiation or circulation thereof, and who receives or expends money in an amount in excess of $10,000 for such advocacy.

     7.]  The total contributions received by and expenditures made from a legal defense fund.

     Sec. 72.  NRS 294A.420 is hereby amended to read as follows:

     294A.420  1.  If the Secretary of State receives information that a person , committee or entity that is subject to the provisions of NRS 294A.120, 294A.128, 294A.140, 294A.150, 294A.200, 294A.210, 294A.220, 294A.227, 294A.230, 294A.250, 294A.270, 294A.280, [294A.283,] 294A.286 or 294A.360 has not filed a report or form for registration pursuant to the applicable provisions of those sections, the Secretary of State may, after giving notice to that person , committee or entity, cause the appropriate proceedings to be instituted in the First Judicial District Court.

     2.  Except as otherwise provided in this section, a person , committee or entity that violates an applicable provision of NRS 294A.112, 294A.120, 294A.128, 294A.130, 294A.140, 294A.150, 294A.160, 294A.200, 294A.210, 294A.220, 294A.227, 294A.230, 294A.250, 294A.270, 294A.280, [294A.283,] 294A.286, 294A.300, 294A.310 or 294A.360 or section 40.5 of this act is subject to a civil penalty of not more than $5,000 for each violation and payment of court costs and attorney’s fees.

 


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

ê2011 Statutes of Nevada, Page 2123 (Chapter 365, AB 82)ê

 

violation and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

     3.  If a civil penalty is imposed because a person , committee or entity has reported its contributions, expenses or expenditures after the date the report is due, except as otherwise provided in this subsection, the amount of the civil penalty is:

     (a) If the report is not more than 7 days late, $25 for each day the report is late.

     (b) If the report is more than 7 days late but not more than 15 days late, $50 for each day the report is late.

     (c) If the report is more than 15 days late, $100 for each day the report is late.

Ê A civil penalty imposed pursuant to this subsection against a public officer who by law is not entitled to receive compensation for his or her office or a candidate for such an office must not exceed a total of $100 if the public officer or candidate received no contributions and made no expenditures during the relevant reporting periods.

     4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

     (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

     (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

     Sec. 73.  NRS 306.040 is hereby amended to read as follows:

     306.040  1.  Upon determining that the number of signatures on a petition to recall is sufficient pursuant to NRS 293.1276 to 293.1279, inclusive, the Secretary of State shall notify the county clerk, the officer with whom the petition is to be filed pursuant to subsection 4 of NRS 306.015 and the public officer who is the subject of the petition.

     2.  After the verification of signatures is complete, but not later than the date a complaint is filed pursuant to subsection 5 or the date the call for a special election is issued, whichever is earlier, a person who signs a petition to recall may request the Secretary of State to strike the person’s name from the petition. If the person demonstrates good cause therefor and the number of such requests received by the Secretary of State could affect the sufficiency of the petition, the Secretary of State shall strike the name of the person from the petition.

     3.  Not sooner than 10 days nor more than 20 days after the Secretary of State completes the notification required by subsection 1, if a complaint is not filed pursuant to subsection 5, the officer with whom the petition is filed shall issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer.

 


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

ê2011 Statutes of Nevada, Page 2124 (Chapter 365, AB 82)ê

 

     4.  The call for a special election pursuant to subsection 3 or 6 must include, without limitation:

     (a) The last day on which a person may register to vote to qualify to vote in the special election; [and]

     (b) The last day on which a petition to nominate other candidates for the office may be filed [.] ; and

     (c) Whether any person is entitled to vote in the special election pursuant to NRS 293.343 to 293.355, inclusive.

     5.  The legal sufficiency of the petition may be challenged by filing a complaint in district court not later than 5 days, Saturdays, Sundays and holidays excluded, after the Secretary of State completes the notification required by subsection 1. All affidavits and documents in support of the challenge must be filed with the complaint. The court shall set the matter for hearing not later than 30 days after the complaint is filed and shall give priority to such a complaint over all other matters pending with the court, except for criminal proceedings.

     6.  Upon the conclusion of the hearing, if the court determines that the petition is sufficient, it shall order the officer with whom the petition is filed to issue a call for a special election in the jurisdiction in which the public officer who is the subject of the petition was elected to determine whether the people will recall the public officer. If the court determines that the petition is not sufficient, it shall order the officer with whom the petition is filed to cease any further proceedings regarding the petition.

     Secs. 74-83.  (Deleted by amendment.)

     Sec. 84.  NRS 294A.281, 294A.282, 294A.283 and 294A.284 are hereby repealed.

     Sec. 85.  1.  This section, sections 1 to 37, inclusive, 40.5, 41, 42, 43, 48, 50, 51, 54, 56, 59 to 63, inclusive, 65, 66, 68, 69, 71, 72, 73 and 84 of this act become effective on July 1, 2011.

     2.  Sections 38, 39, 40, 44 to 47, inclusive, 49, 52, 53, 55, 57, 58, 64, 67, 70 and 74 to 83, inclusive, of this act become effective on January 16, 2013.

________

 


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

ê2011 Statutes of Nevada, Page 2125ê

 

CHAPTER 366, SB 338

Senate Bill No. 338–Senators Breeden and Wiener

 

CHAPTER 366

 

[Approved: June 14, 2011]

 

AN ACT relating to public health; requiring certain facilities for skilled nursing to submit information to the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Section 1 of this bill requires each facility for skilled nursing which provided medical services and care to an average of 25 or more patients during each business day in the immediately preceding calendar year to participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services. Section 1 also provides that other facilities for skilled nursing may participate in the system. Section 1 additionally requires the Health Division of the Department of Health and Human Services to report the information submitted to the system by all medical facilities on or after October 15, 2010, and skilled nursing facilities on or after January 1, 2012 and include the reports on the Internet website maintained by the Department.

       Section 4 of this bill requires the Department of Health and Human Services to post that information on an Internet website.

 

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 439.847 is hereby amended to read as follows:

     439.847  1.  Each medical facility and facility for skilled nursing which provided medical services and care to an average of 25 or more patients during each business day in the immediately preceding calendar year shall, within 120 days after becoming eligible, participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems. As part of that participation, the medical facility or facility for skilled nursing shall provide, at a minimum, the information required by the Health Division pursuant to this subsection. The Health Division shall by regulation prescribe the information which must be provided by a medical facility [,] or facility for skilled nursing, including, without limitation, information relating to infections and procedures.

     2.  Each medical facility or facility for skilled nursing which provided medical services and care to an average of less than 25 patients during each business day in the immediately preceding calendar year may participate in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems.

 


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

ê2011 Statutes of Nevada, Page 2126 (Chapter 366, SB 338)ê

 

Prevention of the United States Department of Health and Human Services that integrates patient and health care personnel safety surveillance systems.

     3.  A medical facility or facility for skilled nursing that participates in the secure, Internet-based surveillance system established by the Division of Healthcare Quality Promotion shall [authorize] :

     (a) Authorize the Health Division to access all information submitted to the system [, and the Health Division shall enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.] by:

          (1) A medical facility, on or after October 15, 2010; and

           (2) A facility for skilled nursing, on or after January 1, 2012; and

     (b) Provide consent for the Health Division to prepare and post reports pursuant to paragraph (b) of subsection 4, including, without limitation, permission to identify the medical facility or facility for skilled nursing that is the subject of each report:

           (1) For a medical facility, on or after October 15, 2010; and

           (2) For a facility for skilled nursing, on or after January 1, 2012.

     4.  The Health Division [shall] :

     (a) Shall analyze the information submitted to the system by medical facilities and facilities for skilled nursing pursuant to this section and recommend regulations and legislation relating to the reporting required pursuant to NRS 439.800 to 439.890, inclusive.

     (b) Shall prepare a report of the information submitted to the system by each medical facility and each facility for skilled nursing pursuant to this section and provide the reports for inclusion on the Internet website maintained by the Department. The information must be reported in a manner that allows a person to compare the information for the medical facilities and for the facilities for skilled nursing.

     (c) Shall enter into an agreement with the Division of Healthcare Quality Promotion to carry out the provisions of this section.

     5.  As used in this section, “facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

     Secs. 1.5 and 1.7.  (Deleted by amendment.)

     Sec. 2.  NRS 439A.220 is hereby amended to read as follows:

     439A.220  1.  The Department shall establish and maintain a program to increase public awareness of health care information concerning the hospitals in this State. The program must be designed to assist consumers with comparing the quality of care provided by the hospitals in this State and the charges for that care.

     2.  The program must include, without limitation, the collection, maintenance and provision of information concerning:

     (a) Inpatients and outpatients of each hospital in this State as reported in the forms submitted pursuant to NRS 449.485;

     (b) The quality of care provided by each hospital in this State as determined by applying uniform measures of quality prescribed by the Department pursuant to NRS 439A.230;

     (c) How consistently each hospital follows recognized practices to prevent the infection of patients, to speed the recovery of patients and to avoid medical complications of patients;

     (d) For each hospital, the total number of patients discharged, the average length of stay and the average billed charges, reported for the [50 most frequent] diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

 


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

ê2011 Statutes of Nevada, Page 2127 (Chapter 366, SB 338)ê

 

most frequent] diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers; and

     (e) Any other information relating to the charges imposed and the quality of the services provided by the hospitals in this State which the Department determines is:

          (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 3.  (Deleted by amendment.)

     Sec. 4.  NRS 439A.270 is hereby amended to read as follows:

     439A.270  1.  The Department shall establish and maintain an Internet website that includes the information concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State as required by the programs established pursuant to NRS 439A.220 and 439A.240. The information must:

     (a) Include, for each hospital in this State, the total number of patients discharged, the average length of stay and the average billed charges, reported for the [50 most frequent] diagnosis-related groups for inpatients and 50 medical treatments for outpatients that the Department determines are most useful for consumers;

     (b) Include, for each surgical center for ambulatory patients in this State, the total number of patients discharged and the average billed charges, reported for 50 medical treatments for outpatients that the Department determines are most useful for consumers;

     (c) Be presented in a manner that allows a person to view and compare the information for the hospitals by:

           (1) Geographic location of each hospital;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (d) Be presented in a manner that allows a person to view and compare the information for the surgical centers for ambulatory patients by:

           (1) Geographic location of each surgical center for ambulatory patients;

           (2) Type of medical diagnosis; and

           (3) Type of medical treatment;

     (e) Be presented in a manner that allows a person to view and compare the information separately for:

           (1) The inpatients and outpatients of each hospital; and

           (2) The outpatients of each surgical center for ambulatory patients;

     (f) Be readily accessible and understandable by a member of the general public;

     (g) Include the annual summary of reports of sentinel events prepared pursuant to paragraph (d) of subsection 1 of NRS 439.840; and

     (h) Provide any other information relating to the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State which the Department determines is:

 


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

ê2011 Statutes of Nevada, Page 2128 (Chapter 366, SB 338)ê

 

           (1) Useful to consumers;

           (2) Nationally recognized; and

           (3) Reported in a standard and reliable manner.

     2.  The Department shall:

     (a) Publicize the availability of the Internet website;

     (b) Update the information contained on the Internet website at least quarterly;

     (c) Ensure that the information contained on the Internet website is accurate and reliable;

     (d) Ensure that the information reported by a hospital or surgical center for ambulatory patients for inpatients and outpatients which is contained on the Internet website is [aggregated] expressed as a total number and as a rate, and must be reported in a manner so as not to reveal the identity of a specific inpatient or outpatient of a hospital [;] or surgical center for ambulatory patients;

     (e) Post a disclaimer on the Internet website indicating that the information contained on the website is provided to assist with the comparison of hospitals and is not a guarantee by the Department or its employees as to the charges imposed by the hospitals in this State or the quality of the services provided by the hospitals in this State, including, without limitation, an explanation that the actual amount charged to a person by a particular hospital may not be the same charge as posted on the website for that hospital;

     (f) Provide on the Internet website established pursuant to this section a link to the Internet website of the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services; and

     (g) Upon request, make the information that is contained on the Internet website available in printed form.

     3.  As used in this section, “diagnosis-related group” means groupings of medical diagnostic categories used as a basis for hospital payment schedules by Medicare and other third-party health care plans.

     Sec. 5.  The Department of Health and Human Services shall adopt the regulations necessary to carry out the provisions of this act on or before January 1, 2012.

     Sec. 6.  This act becomes effective upon passage and approval for purposes of adopting regulations and on January 1, 2012, for all other purposes.

________

 


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

ê2011 Statutes of Nevada, Page 2129ê

 

CHAPTER 367, SB 293

Senate Bill No. 293–Senator Cegavske

 

CHAPTER 367

 

[Approved: June 14, 2011]

 

AN ACT relating to nonprofit organizations; requiring nonprofit organizations which provide certain jobs and day training services or which operate certain rehabilitation facilities or workshops to be on file and in good standing with the Secretary of State as a nonprofit organization and meet certain other requirements as a condition of participating in such programs; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law authorizes nonprofit organizations to provide certain jobs and day training services or to operate certain rehabilitation facilities or workshops. (NRS 435.130-435.310, chapter 615 of NRS) Section 2 of this bill requires organizations which provide certain jobs and day training services to be on file and in good standing with the Secretary of State as nonprofit organizations and further requires such organizations to provide certain financial information to the Division of Mental Health and Developmental Services of the Department of Health and Human Services. Section 4 of this bill requires organizations which operate certain rehabilitation facilities or workshops to be on file and in good standing with the Secretary of State as nonprofit organizations and further requires such organizations to provide certain financial information to the Department of Employment, Training and Rehabilitation.

 

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.  Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:

     Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, an organization must:

     1.  Be on file and in good standing with the Secretary of State as a nonprofit organization pursuant to title 7 of NRS;

     2.  Submit to the Division an annual audit of the financial statements of the organization that is conducted by an independent certified public accountant; and

     3.  Submit to the Division the most recent federal tax return of the organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

     (a) Any transaction during the federal tax year of the organization in which an economic benefit is provided by the organization to a director, officer or board member of the organization, or any other person who has substantial influence over the organization, and in which the value of the economic benefit provided by the organization exceeds the value of the consideration received by the organization;

 


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

ê2011 Statutes of Nevada, Page 2130 (Chapter 367, SB 293)ê

 

     (b) Any loans to or from the organization which are received by or from a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the organization;

     (c) Any grants or other assistance from the organization during the federal tax year of the organization which benefit a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person;

     (d) Business transactions during the federal tax year of the organization between the organization and a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

     (e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.

     Sec. 3.  NRS 435.140 is hereby amended to read as follows:

     435.140  As used in NRS 435.130 to 435.310, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 435.172, 435.176 and 435.179 have the meanings ascribed to them in those sections.

     Sec. 4.  Chapter 615 of NRS is hereby amended by adding thereto a new section to read as follows:

     Before participating in a training or rehabilitative program of a rehabilitation facility or workshop established by the Department pursuant to this chapter and annually thereafter as a condition of participation, an organization must:

     1.  Be on file and in good standing with the Secretary of State as a nonprofit organization pursuant to title 7 of NRS;

     2.  Submit to the Department an annual audit of the financial statements of the organization that is conducted by an independent certified public accountant; and

     3.  Submit to the Department the most recent federal tax return of the organization, including, without limitation, Form 990, or its successor form, and the Schedule L and Schedule R of such return, or the successor forms of such schedules, which include an itemization of:

     (a) Any transaction during the federal tax year of the organization in which an economic benefit is provided by the organization to a director, officer or board member of the organization, or any other person who has substantial influence over the organization, and in which the value of the economic benefit provided by the organization exceeds the value of the consideration received by the organization;

     (b) Any loans to or from the organization which are received by or from a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person and which remain outstanding at the end of the federal tax year of the organization;

 


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

ê2011 Statutes of Nevada, Page 2131 (Chapter 367, SB 293)ê

 

     (c) Any grants or other assistance from the organization during the federal tax year of the organization which benefit a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person;

     (d) Business transactions during the federal tax year of the organization between the organization and a director, officer or board member of the organization, a person who has substantial influence over the organization or a family member of such director, officer, board member or person which exceed, in the aggregate, $100,000, or a single business transaction that exceeds $10,000; and

     (e) All related party transactions including, without limitation, the receipt of interest, royalties, annuities or rent, the sale or purchase of assets or services, the sharing of facilities, equipment or employees, and the transfer of cash or property.

     Sec. 5.  Notwithstanding the provisions of sections 2 and 4 of this act, a nonprofit organization required to comply with section 2 or 4 of this act to participate in a program pursuant to NRS 435.130 to 435.310, inclusive, or chapter 615 of NRS, respectively, may continue to participate in those programs until January 1, 2012. Such a nonprofit organization must comply with such provisions on or before January 1, 2012. If such a nonprofit organization is not in compliance with the appropriate section on or before January 1, 2012, it may not continue to participate in the program after that date.

     Sec. 6.  This act becomes effective on July 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2132ê

 

CHAPTER 368, SB 187

Senate Bill No. 187–Committee on Judiciary

 

CHAPTER 368

 

[Approved: June 14, 2011]

 

AN ACT relating to parole; replacing the requirement for prisoners convicted of certain sexual offenses to be certified by a panel before being released on parole with a process to evaluate such prisoners before their parole is granted or continued; authorizing the State Board of Parole Commissioners to request an evaluation of certain sex offenders; revising provisions relating to immunity from liability based upon certain actions of a panel; providing that certain meetings of a panel are subject to the provisions of the Open Meeting Law; requiring the adoption of regulations; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       Existing law prohibits the State Board of Parole Commissioners from releasing on parole a prisoner convicted of certain sexual offenses unless a panel certifies that the prisoner does not represent a high risk to reoffend. (NRS 213.1214) The Nevada Supreme Court has held that: (1) certification by a panel is necessary only when parole will lead to a prisoner’s release from prison; (2) the statutory immunity from liability does not prohibit a cause of action regarding the process of conducting a panel hearing or the validity of the statute; and (3) when the panel considers new allegations, the panel must comply with the requirements of the Open Meeting Law. (Stockmeier v. Psychol. Rev. Panel, 122 Nev. 385 (2006))

       This bill: (1) removes the requirement that a prisoner convicted of certain sexual offenses be certified by a panel and instead requires that before being granted or continued on parole, such a prisoner be evaluated by a panel as to his or her risk to reoffend in a sexual manner; (2) authorizes the State Board of Parole Commissioners to require an evaluation of a sex offender if the evaluation may assist the Board in certain decisions related to parole; (3) clarifies that a prisoner does not have a right to be evaluated or reevaluated by a panel and that the actions of a panel in evaluating, not evaluating or considering or relying on an evaluation do not give rise to a cause of action; and (4) provides that certain meetings of a panel are subject to the requirements of the Open Meeting Law.

 

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 213.1214 is hereby amended to read as follows:

     213.1214  1.  The Board shall not [release on] grant parole to or continue the parole of a prisoner who has served, is serving or has yet to serve a sentence on his or her current term of imprisonment for having been convicted of an offense listed in subsection [5] 8 unless a panel consisting of:

 


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

ê2011 Statutes of Nevada, Page 2133 (Chapter 368, SB 187)ê

 

     (a) The Administrator of the Division of Mental Health and Developmental Services of the Department of Health and Human Services or his or her designee;

     (b) The Director of the Department of Corrections or his or her designee; and

     (c) A psychologist licensed to practice in this State or a psychiatrist licensed to practice medicine in this State,

Ê [certifies that] evaluates the prisoner [was under observation while confined in an institution of the Department of Corrections and does not represent a high risk to reoffend based upon] , within 120 days before a hearing to consider granting or continuing his or her parole, using a currently accepted standard of assessment [.] to determine the prisoner’s likelihood to reoffend in a sexual manner. The panel shall provide a report of its evaluation to the Board before the hearing.

     2.  [A prisoner who has been certified pursuant to subsection 1 and who returns for any reason to the custody of the Department of Corrections may not be paroled unless a panel recertifies the prisoner in the manner set forth in subsection 1.] The Board may require the panel to conduct an evaluation of a prisoner who is a sex offender if an evaluation may assist the Board in determining whether parole should be granted or continued. The panel shall provide a report of its evaluation to the Board before the hearing to consider granting or continuing the prisoner’s parole.

     3.  [The panel may revoke the certification of a prisoner certified pursuant to subsection 1 at any time.

     4.]  This section does not create a right in any prisoner to be [certified or to continue to be certified. No prisoner may bring a] evaluated or reevaluated more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the panel from conducting additional evaluations of a prisoner if such evaluations may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for [not certifying] evaluating, not evaluating or considering or relying on an evaluation of a prisoner [pursuant to] , if such decisions or actions are made or conducted in compliance with the procedures set forth in this section . [or for refusing to place a prisoner before a panel for certification pursuant to this section.

     5.] 4.  The panel shall adopt regulations pertaining to the evaluation of prisoners subject to the provisions of this section to determine a prisoner’s risk to reoffend in a sexual manner. The regulations must be adopted in accordance with the provisions of chapter 233B of NRS and must be codified in the Nevada Administrative Code.

     5.  The regulations adopted pursuant to subsection 4 must require that:

 


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

ê2011 Statutes of Nevada, Page 2134 (Chapter 368, SB 187)ê

 

     (a) The evaluation be based on currently accepted standards of assessment designed to determine the risk of an offender to reoffend in a sexual manner;

     (b) The report of the evaluation contain a statement rating the prisoner as a low, moderate or high risk to reoffend in a sexual manner; and

     (c) If the report of the evaluation varies from the standard of assessment, the panel include a written statement of any mitigating or aggravating factors which justified such deviation.

     6.  The panel shall:

     (a) Review the standards of assessment and procedures adopted by regulation at least once every 3 years; and

     (b) Make a finding regarding the validity of the use of any standard of assessment.

     7.  If the panel finds that a standard of assessment is ineffective, or another standard of assessment is more effective, in predicting whether a prisoner may reoffend in a sexual manner, the panel may discontinue the use of the current standard of assessment and adopt a new standard of assessment that is determined to be more effective.

     8.  The provisions of this section apply to a prisoner convicted of any of the following offenses:

     (a) Sexual assault pursuant to NRS 200.366.

     (b) Statutory sexual seduction pursuant to NRS 200.368.

     (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

     (d) Abuse or neglect of a child pursuant to NRS 200.508 [.] , if the abuse involved sexual abuse or sexual exploitation and is punished as a felony.

     (e) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

     (f) Incest pursuant to NRS 201.180.

     (g) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

     (h) Open or gross lewdness pursuant to NRS 201.210.

     (i) Indecent or obscene exposure pursuant to NRS 201.220.

     (j) Lewdness with a child pursuant to NRS 201.230.

     (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

     (l) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

     (m) An attempt to commit an offense listed in paragraphs (a) to (l), inclusive.

     (n) An offense that is determined to be sexually motivated pursuant to NRS 175.547.

     (o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

     9.  The Board may adopt by regulation the manner in which the Board will consider an evaluation prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.

     10.  Meetings of a panel pursuant to this section must be conducted in accordance with the provisions of chapter 241 of NRS.

 


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

ê2011 Statutes of Nevada, Page 2135 (Chapter 368, SB 187)ê

 

     11.  As used in this section:

     (a) “Current term of imprisonment” means one or more sentences being served concurrently or consecutively with the sentence first imposed.

     (b) “Reoffend in a sexual manner” means to commit any offense listed in subsection 8.

     (c) “Sex offender” means a person who, after July 1, 1956, is or has been:

          (1) Convicted of a sexual offense; or

           (2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph 19 of paragraph (d).

Ê The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.

     (d) “Sexual offense” means any of the following offenses:

           (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

           (2) Sexual assault pursuant to NRS 200.366.

           (3) Statutory sexual seduction pursuant to NRS 200.368.

           (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

           (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

           (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

           (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

           (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

           (9) Incest pursuant to NRS 201.180.

           (10) Solicitation of a minor to engage in acts constituting the infamous crime against nature pursuant to NRS 201.195.

           (11) Open or gross lewdness pursuant to NRS 201.210.

           (12) Indecent or obscene exposure pursuant to NRS 201.220.

           (13) Lewdness with a child pursuant to NRS 201.230.

           (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

           (15) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

           (16) An attempt or conspiracy to commit an offense listed in subparagraphs 1 to 15, inclusive.

           (17) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

 


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

ê2011 Statutes of Nevada, Page 2136 (Chapter 368, SB 187)ê

 

           (18) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:

                (I) A tribal court.

                (II) A court of the United States or the Armed Forces of the United States.

           (19) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subparagraph includes, but is not limited to, an offense prosecuted in:

                (I) A tribal court.

                (II) A court of the United States or the Armed Forces of the United States.

                (III) A court having jurisdiction over juveniles.

Ê The term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

     Sec. 2.  The amendatory provisions of this act apply to any person who is subject to the provisions of NRS 213.1214 on or after October 1, 2011, whether or not the person was convicted before, on or after October 1, 2011.

________

 


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

ê2011 Statutes of Nevada, Page 2137ê

 

CHAPTER 369, SB 222

Senate Bill No. 222–Senator Copening

 

CHAPTER 369

 

[Approved: June 14, 2011]

 

AN ACT relating to common-interest communities; enacting provisions governing registration of tenants of units’ owners with associations or their agents; and providing other matters properly relating thereto.

 

Legislative Counsel’s Digest:

       This bill enacts requirements governing the registration of a tenant or lease or rental agreement in a common-interest community and the provision of information to an association or its agent when a unit’s owner leases or rents his or her unit. Under this bill, if the governing documents require a unit’s owner who leases or rents his or her unit or the tenant of that unit’s owner to register with the association or its agent or otherwise provide information concerning the tenant or the agreement to the association or its agent, the association or its agent: (1) must conduct such activities in accordance with the governing documents; (2) may not require the unit’s owner or tenant to provide more information concerning the tenant than it requires from a unit’s owner who occupies his or her unit, except that it may require the unit’s owner to provide a copy of the lease; and (3) may not charge a fee to the unit’s owner for the registration or submission of information.

 

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 116.335 is hereby amended to read as follows:

     116.335  1.  Unless, at the time a unit’s owner purchased his or her unit, the declaration prohibited the unit’s owner from renting or leasing his or her unit, the association may not prohibit the unit’s owner from renting or leasing his or her unit.

     2.  Unless, at the time a unit’s owner purchased his or her unit, the declaration required the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit, an association may not require the unit’s owner to secure or obtain any approval from the association in order to rent or lease his or her unit.

     3.  If a declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, that provision of the declaration may not be amended to decrease that maximum number or percentage of units in the common-interest community which may be rented or leased.

     4.  If the governing documents of an association require a unit’s owner who leases or rents his or her unit, or the tenant of a unit’s owner, to register with the association or its agent or otherwise submit to the association or its agent information concerning the lease or rental agreement or the tenant, the association or its agent:

     (a) Must conduct such activities in accordance with the governing documents;

 


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

ê2011 Statutes of Nevada, Page 2138 (Chapter 369, SB 222)ê

 

     (b) May not require the unit’s owner or tenant of the unit’s owner to provide information which the association or its agent does not require to be provided to the association or its agent by a unit’s owner who occupies his or her unit, except that the association or its agent may require the unit’s owner to provide a copy of the lease or rental agreement; and

     (c) May not charge a fee to the unit’s owner for the registration or submission of information.

     5.  The provisions of this section do not prohibit an association from enforcing any provisions which govern the renting or leasing of units and which are contained in this chapter or in any other applicable federal, state or local laws or regulations.

     [5.] 6.  Notwithstanding any other provision of law or the declaration to the contrary:

     (a) If a unit’s owner is prohibited from renting or leasing a unit because the maximum number or percentage of units which may be rented or leased in the common-interest community have already been rented or leased, the unit’s owner may seek a waiver of the prohibition from the executive board based upon a showing of economic hardship, and the executive board may grant such a waiver and approve the renting or leasing of the unit.

     (b) If the declaration contains a provision establishing a maximum number or percentage of units in the common-interest community which may be rented or leased, in determining the maximum number or percentage of units in the common-interest community which may be rented or leased, the number of units owned by the declarant must not be counted or considered.

________

 

Link to Page 2139