[Rev. 10/12/2015 12:43:29 PM]

LAWS OF THE STATE OF NEVADA

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LAWS OF THE STATE

OF NEVADA

Passed at the

SEVENTY-EIGHTH SESSION OF THE LEGISLATURE

2015

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CHAPTER 1, SB 1

Senate Bill No. 1–Senators Roberson and Ford

 

CHAPTER 1

 

[Approved: February 9, 2015]

 

AN ACT making an appropriation to the Legislative Fund for the costs of the 78th Legislative Session; 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 Legislative Fund created by NRS 218A.150 the sum of $18,000,000 for the costs of the 78th Legislative Session.

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

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CHAPTER 2, AB 125

Assembly Bill No. 125–Committee on Judiciary

 

CHAPTER 2

 

[Approved: February 24, 2015]

 

AN ACT relating to constructional defects; enacting provisions governing the indemnification of a controlling party by a subcontractor for certain constructional defects; enacting provisions governing wrap-up insurance policies or consolidated insurance programs covering certain claims for constructional defects; authorizing the parties to a claim for a constructional defect to agree to have a judgment entered before the filing of a civil action under certain circumstances; revising the definition of “constructional defect”; revising provisions governing the information required to be provided in a notice of constructional defect; removing provisions authorizing claimants to give notice of common constructional defects in residences or appurtenances; requiring a claimant to pursue a claim under a homeowner’s warranty under certain circumstances; revising provisions governing the damages recovered by a claimant; revising the statutes of repose regarding actions for damages resulting from certain deficiencies in construction; revising provisions governing the tolling of statutes of limitation and repose regarding actions for constructional defects; prohibiting a homeowners’ association from pursuing an action for a constructional defect unless the action pertains exclusively to the common elements of the association; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, before an owner of a residence or appurtenance or certain other persons may commence a civil action against a contractor, subcontractor, supplier or design professional for certain defects in the residence or appurtenance, the claimant must provide notice of the defect to the contractor. Not later than 30 days after the date on which the contractor receives the notice, the contractor must forward a copy of the notice to each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice. The subcontractor, supplier or design professional who receives the notice must inspect the alleged constructional defect and may elect to repair the defect. (NRS 40.645, 40.646, 40.647)

      Section 2 of this bill establishes the circumstances under which a provision in a residential construction contract requiring a subcontractor to indemnify, defend or otherwise hold harmless a controlling party for the negligence or intentional acts or omissions of the controlling party is void and unenforceable. Section 2 also enacts provisions governing: (1) when a subcontractor’s duty to defend a controlling party arises; (2) the manner in which a controlling party may pursue indemnification from a subcontractor when the controlling party is named as an additional insured in the commercial general liability insurance policy of the subcontractor; and (3) wrap-up insurance policies or consolidated insurance programs that cover two or more contractors or subcontractors who perform work on residential construction for risks associated with the construction.

      Existing law establishes a procedure by which the parties in a civil action may agree to have a judgment entered in the action in accordance with the terms and conditions of an offer of judgment. A court is prohibited from awarding costs or attorney’s fees to a party who rejects such an offer of judgment and fails to obtain a more favorable judgment at trial.

 


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more favorable judgment at trial. (NRS 17.115; N.R.C.P. 68) Section 3 of this bill establishes a similar procedure under which a person who has given notice of a constructional defect and a contractor, subcontractor, supplier or design professional who has received such a notice may agree to have a judgment entered before a civil action for the constructional defect is commenced.

      Section 6 of this bill amends the existing definition of “constructional defect” to provide that a constructional defect is a defect: (1) which presents an unreasonable risk of injury to a person or property; or (2) which is not completed in a good and workmanlike manner and proximately causes physical damage to the residence or appurtenance.

      Section 8 of this bill amends the provision of existing law requiring certain information to be included in a notice of constructional defect to require the notice to: (1) state in specific detail, rather than in reasonable detail, each defect, damage and injury to each residence or appurtenance that is subject to the notice; (2) state the exact location of each defect, damage and injury, rather than describe in reasonable detail the location of the defect; and (3) include a statement signed by the owner of the residence or appurtenance in the notice that the owner verifies that each defect, damage and injury exists in the residence or appurtenance.

      Sections 5, 8-13 and 22 of this bill remove a provision of existing law which authorizes one notice to be sent concerning similarly situated owners of residences or appurtenances within a single development that allegedly have common constructional defects.

      Section 11 of this bill requires a claimant and an expert who provided an opinion concerning an alleged constructional defect, or a representative of the expert who has knowledge of the alleged defect, to: (1) be present when a contractor, subcontractor, supplier or design professional conducts the required inspection of the alleged defect; and (2) identify the exact location of the alleged defect.

      Under existing law, if a residence or appurtenance is covered by a homeowner’s warranty that is purchased by or on behalf of the claimant, the claimant must diligently pursue a claim under the contract. (NRS 40.650) Section 14 of this bill: (1) prohibits a claimant from filing a notice of constructional defect or pursuing a claim for a constructional defect unless the claimant has submitted a claim under the homeowner’s warranty and the insurer has denied the claim; and (2) provides that a claim for a constructional defect may include only the claims that have been denied under the homeowner’s warranty. Section 14 further provides that statutes of limitation or repose are tolled from the time the claimant submits a claim under the homeowner’s warranty until 30 days after the insurer denies the claim, in whole or in part.

      Section 15 of this bill removes the provision of existing law that provides that a claimant may recover reasonable attorney’s fees as part of the claimant’s damages in a cause of action for constructional defects. Section 15 also provides that certain costs recoverable as damages must have been incurred for constructional defects proven by the claimant.

      Existing law provides that the statutes of limitation and repose applicable to a claim for constructional defects are tolled from the time that a claimant gives notice of a claim for constructional defects until 30 days after the mediation required by existing law is concluded or waived. (NRS 40.695) Section 16 of this bill provides that the period for which the statutes of limitation and repose are tolled may not exceed 1 year. Section 16 further authorizes a court to extend the tolling period if the claimant demonstrates good cause for such an extension.

      Existing law generally limits the period in which an action for damages caused by a deficiency in construction of improvements to real property may be commenced after substantial completion of the improvement. These periods of limitation are known as statutes of repose, and the period set forth in each statute of repose during which an action must be commenced is: (1) for a known deficiency, 10 years after substantial completion of the improvement; (2) for a latent deficiency, 8 years after substantial completion of the improvement; and (3) for a patent deficiency, 6 years after substantial completion of the improvement. However, if a deficiency was a result of willful misconduct or was fraudulently concealed, an action may be commenced at any time after substantial completion of the improvement.

 


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result of willful misconduct or was fraudulently concealed, an action may be commenced at any time after substantial completion of the improvement. (NRS 11.202-11.205) Sections 17-19 and 22 of this bill provide that the statute of repose for all actions for damages caused by a deficiency in construction of improvement to real property is 6 years after substantial completion of the improvement. Sections 17-19 and 22 also eliminate existing provisions of law that allow such actions to be commenced within 2 years after the date of an injury which occurs during the final year of the particular period of limitation. Section 21 of this bill: (1) provides that the revised statutes of repose set forth in sections 17-19 apply retroactively under certain circumstances; and (2) establishes a 1-year grace period during which a person may commence an action under the existing statutes of repose, if the action accrued before the effective date of this bill.

      Existing law authorizes a homeowners’ association to institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community. (NRS 116.3102) In D.R. Horton, Inc. v. Eighth Judicial District Court, 125 Nev. 449 (2009), the Nevada Supreme Court held that existing law grants standing to a homeowners’ association to pursue constructional defect claims on behalf of units’ owners with respect to constructional defects in individual units. Sections 5 and 20 of this bill provide that an association may not pursue a constructional defect claim on behalf of itself or units’ owners, unless the claim pertains exclusively to the common elements of the association.

 

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

      Sec. 2. 1.  In any action or other proceeding involving a constructional defect asserted by a claimant and governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act:

      (a) Except as otherwise provided in paragraph (b), any provision in a contract entered into on or after the effective date of this act for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect caused by the negligence, whether active or passive, or intentional act or omission of the controlling party is against public policy and is void and unenforceable.

      (b) Except as otherwise provided in paragraph (c), a provision in a contract entered into on or after the effective date of this act for residential construction is not against public policy and is not void and unenforceable under paragraph (a) to the extent that the provision requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with the subcontractor’s scope of work, negligence, or intentional act or omission.

      (c) A provision in a contract entered into on or after the effective date of this act for residential construction is against public policy and is void and unenforceable under paragraph (a) to the extent that it requires a subcontractor to defend, indemnify or otherwise hold harmless a controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with that portion of the subcontractor’s work which has been altered or modified by another trade or the controlling party.

 


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controlling party from any liability, claim, action or cause of action resulting from a constructional defect arising out of, related to or connected with that portion of the subcontractor’s work which has been altered or modified by another trade or the controlling party.

      (d) Except as otherwise provided in paragraph (e), if a provision of a contract entered into on or after the effective date of this act for residential construction that requires a subcontractor to indemnify, defend or otherwise hold harmless a controlling party is not against public policy and is not void and unenforceable under this subsection, the duty of the subcontractor to defend the controlling party arises upon presentment of a notice pursuant to subsection 1 of NRS 40.646 containing a particular claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractor’s work, negligence, or wrongful act or omission.

      (e) If a controlling party gives a notice to a subcontractor pursuant to NRS 40.646 that contains a claim, action or cause of action from which it can be reasonably inferred that an alleged constructional defect was caused by or attributable to the subcontractor’s work, negligence, or wrongful act or omission, the claim, action or cause of action is covered by the subcontractor’s commercial general liability policy of insurance issued by an insurer, and the controlling party is named as an additional insured under that policy of insurance:

             (1) The controlling party, as an additional insured, must pursue available means of recovery of its defense fees and costs under the policy before the controlling party is entitled to pursue a claim against the subcontractor.

             (2) Upon the final settlement of or issuance of a final judgment in an action involving a claim for a constructional defect, if the insurer has not assumed the controlling party’s defense and reimbursed the controlling party for the defense obligation of the subcontractor, or if the defense obligation is not otherwise resolved by the settlement or final judgment, the controlling party has the right to pursue a claim against the subcontractor for reimbursement of that portion of the attorney’s fees and costs incurred by the controlling party which are attributable to the claims, actions or causes of action arising out of, related to or connected with the subcontractor’s scope of work, negligence, or intentional act or omission.

             (3) The provisions of subparagraphs (1) and (2) do not prohibit a controlling party from:

                   (I) Following the requirements of NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act relating to providing notice of an alleged constructional defect or any other procedures set forth in those provisions; or

                   (II) Filing a third-party complaint against the subcontractor if a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a controlling party which arises out of, relates to or is otherwise connected with the subcontractor’s scope of work, negligence, or wrongful act or omission.

      2.  For any wrap-up insurance policy or other consolidated insurance program that covers a subcontractor who performs work on residential construction for which a contract is entered into on or after the effective date of this act, for claims, actions or causes of action for a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act:

 


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date of this act, for claims, actions or causes of action for a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act:

      (a) The controlling party obtaining the wrap-up insurance policy or other consolidated insurance program shall disclose the total amount or method of calculation of any credit or compensation for the premium required from a subcontractor or other participant for that wrap-up insurance policy in the contract documents.

      (b) Except as otherwise provided in paragraph (c), the contract documents must disclose, if and to the extent known:

             (1) The policy limits;

             (2) The scope of policy coverage;

             (3) The policy term;

             (4) The basis upon which the deductible or occurrence is triggered by the insurer;

             (5) If the policy covers more than one work of improvement, the number of units, if any, indicated on the application for the insurance policy; and

             (6) A good faith estimate of the amount of available limits remaining under the policy as of a date indicated in the disclosure obtained from the insurer.

      (c) The disclosure requirements of subparagraphs (1) to (4), inclusive, of paragraph (b) may be satisfied by providing the participant with a copy of the binder or declaration.

      (d) The disclosures made pursuant to subparagraphs (5) and (6) of paragraph (b):

             (1) May be based upon information available at the time the disclosure is made and are not inaccurate or made in bad faith solely because the disclosures do not accurately reflect the actual number of units covered by the policy or the amount of insurance available, if any, when a later claim is made.

             (2) Are presumptively made in good faith if:

                   (I) The disclosure pursuant to subparagraph (5) of paragraph (b) is the same as that contained in the application to the wrap-up insurance policy insurer; and

                   (II) The disclosure pursuant to subparagraph (6) of paragraph (b) was obtained from the wrap-up insurance policy insurer or broker.

Ê The presumptions stated in subparagraph (2) may be overcome only by a showing that the insurer, broker or controlling party intentionally misrepresented the facts identified in subparagraph (5) or (6) of paragraph (b).

      (e) Upon the written request of any participant in the wrap-up insurance policy or consolidated insurance program, a copy of the insurance policy must be provided, if available, that shows the coverage terms and items in subparagraphs (1) to (5), inclusive, of paragraph (b). If the policy is not available at the time of the request, a copy of the insurance binder or declaration of coverage may be provided in lieu of the actual policy.

      (f) Any party receiving a copy of the policy, binder or declaration shall not disclose it to third parties other than the participant’s insurance broker or attorney unless required to do so by law. The participant’s insurance broker or attorney may not disclose the policy, binder or declaration to any third party unless required to do so by law.

 


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broker or attorney may not disclose the policy, binder or declaration to any third party unless required to do so by law.

      (g) If the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program does not disclose the total amount or method of calculation of the premium credit or compensation to be charged to the participant before the time the participant submits its bid, the participant is not legally bound by the bid unless that participant has the right to increase the bid up to the amount equal to the difference between the amount the participant included, if any, for insurance in the original bid and the amount of the actual bid credit required by the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program. This paragraph does not apply if the controlling party obtaining the wrap-up insurance policy or other consolidated insurance program did not require the subcontractor to offset the original bid amount with a deduction for the wrap-up insurance policy or program.

      (h) The subcontractor’s monetary obligation for enrollment in the wrap-up insurance policy or consolidated insurance program ceases upon the subcontractor’s satisfaction of its agreed contribution percentage, which may have been paid either as a lump sum or on a pro rata basis throughout the subcontractor’s performance of the work.

      (i) In the event of an occurrence, the dollar amount required to be paid by a subcontractor as a self-insured retention or deductible must not be greater than the amount that the subcontractor would have otherwise been required to pay as a self-insured retention or deductible under a commercial general liability policy of comparable insurance in force during the relevant period for that particular subcontractor and within the specific market at the time the subcontract is entered into.

      3.  As used in this section:

      (a) “Controlling party” means a person who owns real property involved in residential construction, a contractor or any other person who is to be indemnified by a provision in a contract entered into on or after the effective date of this act for residential construction.

      (b) “Residential construction” means the construction of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance.

      (c) “Wrap-up insurance policy” is an insurance policy, or series of policies, written to cover risks associated with the construction, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, and covering two or more of the contractors or subcontractors that work on that construction, repair or landscaping.

      Sec. 3. 1.  At any time after a claimant has given notice pursuant to NRS 40.645 and before the claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant or any contractor, subcontractor, supplier or design professional who has received notice pursuant to NRS 40.645 or 40.646 may serve upon one or more other parties a written offer to allow judgment to be entered without action in accordance with the terms and conditions of the offer of judgment.

 


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      2.  Except as otherwise provided in subsection 7, if, within 10 days after the date of service of an offer of judgment, the party to whom the offer was made serves written notice that the offer is accepted, the party who made the offer or the party who accepted the offer may file the offer, the notice of acceptance and proof of service with the clerk of the district court. Upon receipt by the clerk, the clerk shall enter a judgment according to the terms of the offer. Any judgment entered pursuant to this section shall be deemed a compromise settlement. The judgment, the offer, the notice of acceptance and proof of service, with the judgment endorsed, become the judgment roll.

      3.  If the offer of judgment is not accepted pursuant to subsection 2 within 10 days after the date of service, the offer shall be deemed rejected by the party to whom it was made and withdrawn by the party who made it. The rejection of an offer does not preclude any party from making another offer pursuant to this section. Evidence of a rejected offer is not admissible in any proceeding other than a proceeding to determine costs and fees.

      4.  Except as otherwise provided in this section, if a party who rejects an offer of judgment fails to obtain a more favorable judgment in an action for a constructional defect, the court:

      (a) May not award to the party any costs or attorney’s fees;

      (b) May not award to the party any interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment;

      (c) Shall order the party to pay the taxable costs incurred by the party who made the offer; and

      (d) May order the party to pay to the party who made the offer any or all of the following:

             (1) A reasonable sum to cover any costs incurred by the party who made the offer for each expert witness whose services were reasonably necessary to prepare for and conduct the trial of the case.

             (2) Any applicable interest on the judgment for the period from the date of service of the offer to the date of entry of the judgment.

             (3) Reasonable attorney’s fees incurred by the party who made the offer for the period from the date of service of the offer to the date of entry of the judgment. If the attorney of the party who made the offer is collecting a contingent fee, the amount of any attorney’s fees awarded to the party pursuant to this subparagraph must be deducted from that contingent fee.

      5.  To determine whether a party who rejected an offer of judgment failed to obtain a more favorable judgment:

      (a) If the offer provided that the court would award costs, the court must compare the amount of the offer with the principal amount of the judgment, without inclusion of costs.

      (b) If the offer precluded a separate award of costs, the court must compare the amount of the offer with the sum of:

             (1) The principal amount of the judgment; and

             (2) The amount of taxable costs that the claimant who obtained the judgment incurred before the date of service of the offer.

      6.  Multiple parties may make a joint offer of judgment pursuant to this section.

      7.  A party may make to two or more other parties pursuant to this section an apportioned offer of judgment that is conditioned upon acceptance by all the parties to whom the apportioned offer is made.

 


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acceptance by all the parties to whom the apportioned offer is made. Each party to whom such an offer is made may serve upon the party who made the offer a separate written notice of acceptance of the offer. If any party rejects the apportioned offer:

      (a) The action must proceed as to all parties to whom the apportioned offer was made, whether or not the other parties accepted or rejected the offer; and

      (b) The sanctions set forth in subsection 4:

             (1) Apply to each party who rejected the apportioned offer.

             (2) Do not apply to any party who accepted the apportioned offer.

      8.  The sanctions set forth in subsection 4 do not apply to:

      (a) An offer of judgment made to multiple parties who received a notice pursuant to NRS 40.645 or 40.646 unless the same person is authorized to decide whether to settle the claims against all the parties to whom the offer is made and:

             (1) There is a single common theory of liability against all the parties to whom the offer is made;

             (2) The liability of one or more of the parties to whom the offer is made is entirely derivative of the liability of the remaining parties to whom the offer is made; or

             (3) The liability of all the parties to whom the offer is made is entirely derivative of a common act or omission by another person.

      (b) An offer of judgment made to multiple claimants unless the same person is authorized to decide whether to settle the claims of all the claimants to whom the offer is made and:

             (1) There is a single common theory of liability claimed by all the claimants to whom the offer is made;

             (2) The damages claimed by one or more of the claimants to whom the offer is made are entirely derivative of an injury to the remaining claimants to whom the offer is made; or

             (3) The damages claimed by all the claimants to whom the offer is made are entirely derivative of an injury to another person.

      Sec. 4. NRS 40.600 is hereby amended to read as follows:

      40.600  As used in NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 40.603 to 40.634, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 40.610 is hereby amended to read as follows:

      40.610  “Claimant” means:

      1.  An owner of a residence or appurtenance; or

      2.  A representative of a homeowners’ association [that is responsible for a residence or appurtenance and is] acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS . [; or

      3.  Each owner of a residence or appurtenance to whom a notice applies pursuant to subsection 4 of NRS 40.645.]

      Sec. 6. NRS 40.615 is hereby amended to read as follows:

      40.615  “Constructional defect” means a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance and includes, without limitation, the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance:

 


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      1.  Which [is done in violation of law, including, without limitation, in violation of local codes or ordinances;

      2.  Which] presents an unreasonable risk of injury to a person or property; or

      2.  Which is not completed in a good and workmanlike manner and proximately causes physical damage to the residence, an appurtenance or the real property to which the residence or appurtenance is affixed . [;

      3.  Which is not completed in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of design, construction, manufacture, repair or landscaping; or

      4.  Which presents an unreasonable risk of injury to a person or property.]

      Sec. 7. NRS 40.635 is hereby amended to read as follows:

      40.635  NRS 40.600 to 40.695, inclusive [:] , and sections 2 and 3 of this act:

      1.  Apply to any claim that arises before, on or after July 1, 1995, as the result of a constructional defect, except a claim for personal injury or wrongful death, if the claim is the subject of an action commenced on or after July 1, 1995.

      2.  Prevail over any conflicting law otherwise applicable to the claim or cause of action.

      3.  Do not bar or limit any defense otherwise available, except as otherwise provided in those sections.

      4.  Do not create a new theory upon which liability may be based, except as otherwise provided in those sections.

      Sec. 8. NRS 40.645 is hereby amended to read as follows:

      40.645  1.  Except as otherwise provided in this section and NRS 40.670, before a claimant commences an action or amends a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant:

      (a) Must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s address listed in the records of the State Contractors’ Board or in the records of the office of the county or city clerk or at the contractor’s last known address if the contractor’s address is not listed in those records; and

      (b) May give written notice by certified mail, return receipt requested, to any subcontractor, supplier or design professional known to the claimant who may be responsible for the constructional defect, if the claimant knows that the contractor is no longer licensed in this State or that the contractor no longer acts as a contractor in this State.

      2.  The notice given pursuant to subsection 1 must:

      (a) Include a statement that the notice is being given to satisfy the requirements of this section;

      (b) [Specify in reasonable detail the defects or any damages or injuries] Identify in specific detail each defect, damage and injury to each residence or appurtenance that is the subject of the claim [; and] , including, without limitation, the exact location of each such defect, damage and injury;

      (c) Describe in reasonable detail the cause of the defects if the cause is known [,] and the nature and extent that is known of the damage or injury resulting from the defects [and the location of each defect within each residence or appurtenance to the extent known.

 


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      3.  Notice that includes an expert opinion concerning the cause of the constructional defects and the nature and extent of the damage or injury resulting from the defects which is based on a valid and reliable representative sample of the components of the residences or appurtenances may be used as notice of the common constructional defects within the residences or appurtenances to which the expert opinion applies.

      4.  Except as otherwise provided in subsection 5, one notice may be sent relating to all similarly situated owners of residences or appurtenances within a single development that allegedly have common constructional defects if:

      (a) An expert opinion is obtained concerning the cause of the common constructional defects and the nature and extent of the damage or injury resulting from the common constructional defects;

      (b) That expert opinion concludes that based on a valid and reliable representative sample of the components of the residences and appurtenances included in the notice, it is the opinion of the expert that those similarly situated residences and appurtenances may have such common constructional defects; and

      (c) A copy of the expert opinion is included with the notice.

      5.] ; and

      (d) Include a signed statement, by each named owner of a residence or appurtenance in the notice, that each such owner verifies that each such defect, damage and injury specified in the notice exists in the residence or appurtenance owned by him or her. If a notice is sent on behalf of a homeowners’ association, the statement required by this paragraph must be signed under penalty of perjury by a member of the executive board or an officer of the homeowners’ association.

      3.  A representative of a homeowners’ association may send notice pursuant to this section on behalf of an association [that is responsible for a residence or appurtenance] if the representative is acting within the scope of the representative’s duties pursuant to chapter 116 or 117 of NRS.

      [6.] 4.  Notice is not required pursuant to this section before commencing an action if:

      (a) The contractor, subcontractor, supplier or design professional has filed an action against the claimant; or

      (b) The claimant has filed a formal complaint with a law enforcement agency against the contractor, subcontractor, supplier or design professional for threatening to commit or committing an act of violence or a criminal offense against the claimant or the property of the claimant.

      Sec. 9. NRS 40.646 is hereby amended to read as follows:

      40.646  1.  Except as otherwise provided in subsection 2, not later than 30 days after the date on which a contractor receives notice of a constructional defect pursuant to NRS 40.645, the contractor shall forward a copy of the notice by certified mail, return receipt requested, to the last known address of each subcontractor, supplier or design professional whom the contractor reasonably believes is responsible for a defect specified in the notice.

      2.  If a contractor does not provide notice as required pursuant to subsection 1, the contractor may not commence an action against the subcontractor, supplier or design professional related to the constructional defect unless the contractor demonstrates that, after making a good faith effort, the contractor was unable to identify the subcontractor, supplier or design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.

 


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design professional whom the contractor believes is responsible for the defect within the time provided pursuant to subsection 1.

      3.  [Except as otherwise provided in subsection 4, not] Not later than 30 days after receiving notice from the contractor pursuant to this section, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with [subsection 1 of] NRS 40.6462 and provide the contractor with a written statement indicating:

      (a) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

      (b) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

      4.  [If the notice of a constructional defect forwarded by the contractor was given pursuant to subsection 4 of NRS 40.645 and the contractor provides a disclosure of the notice of the alleged common constructional defects to the unnamed owners to whom the notice may apply pursuant to NRS 40.6452:

      (a) The contractor shall, in addition to the notice provided pursuant to subsection 1, upon receipt of a request for an inspection, forward a copy of the request to or notify each subcontractor, supplier or design professional who may be responsible for the alleged defect of the request not later than 5 working days after receiving such a request; and

      (b) Not later than 20 days after receiving notice from the contractor of such a request, the subcontractor, supplier or design professional shall inspect the alleged constructional defect in accordance with subsection 2 of NRS 40.6462 and provide the contractor with a written statement indicating:

             (1) Whether the subcontractor, supplier or design professional has elected to repair the defect for which the contractor believes the subcontractor, supplier or design professional is responsible; and

             (2) If the subcontractor, supplier or design professional elects to repair the defect, an estimate of the length of time required for the repair, and at least two proposed dates on and times at which the subcontractor, supplier or design professional is able to begin making the repair.

      5.]  If a subcontractor, supplier or design professional elects to repair the constructional defect, the contractor or claimant may hold the subcontractor liable for any repair which does not eliminate the defect.

      Sec. 10. NRS 40.6462 is hereby amended to read as follows:

      40.6462  [1.  Except as otherwise provided in subsection 2, after] After notice of a constructional defect is given to a contractor pursuant to NRS 40.645, the claimant shall, upon reasonable notice, allow the contractor and each subcontractor, supplier or design professional who may be responsible for the alleged defect reasonable access to the residence or appurtenance that is the subject of the notice to determine the nature and extent of a constructional defect and the nature and extent of repairs that may be necessary. To the extent possible, the persons entitled to inspect shall coordinate and conduct the inspections in a manner which minimizes the inconvenience to the claimant.

      [2.  If notice is given to the contractor pursuant to subsection 4 of NRS 40.645, the contractor and each subcontractor, supplier or design professional who may be responsible for the defect do not have the right to inspect the residence or appurtenance of an owner who is not named in the notice unless the owner requests the inspection in the manner set forth in NRS 40.6452.

 


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inspect the residence or appurtenance of an owner who is not named in the notice unless the owner requests the inspection in the manner set forth in NRS 40.6452. If the owner does not request the inspection, the owner shall be deemed not to have provided notice pursuant to NRS 40.645.]

      Sec. 11. NRS 40.647 is hereby amended to read as follows:

      40.647  1.  [Except as otherwise provided in NRS 40.6452, after] After notice of a constructional defect is given pursuant to NRS 40.645, before a claimant may commence an action or amend a complaint to add a cause of action for a constructional defect against a contractor, subcontractor, supplier or design professional, the claimant must:

      (a) Allow an inspection of the alleged constructional defect to be conducted pursuant to NRS 40.6462; [and]

      (b) Be present at an inspection conducted pursuant to NRS 40.6462 and identify the exact location of each alleged constructional defect specified in the notice and, if the notice includes an expert opinion concerning the alleged constructional defect, the expert, or a representative of the expert who has knowledge of the alleged constructional defect, must also be present at the inspection and identify the exact location of each alleged constructional defect for which the expert provided an opinion; and

      (c) Allow the contractor, subcontractor, supplier or design professional a reasonable opportunity to repair the constructional defect or cause the defect to be repaired if an election to repair is made pursuant to NRS 40.6472.

      2.  If a claimant commences an action without complying with subsection 1 or NRS 40.645, the court shall:

      (a) Dismiss the action without prejudice and compel the claimant to comply with those provisions before filing another action; or

      (b) If dismissal of the action would prevent the claimant from filing another action because the action would be procedurally barred by the statute of limitations or statute of repose, the court shall stay the proceeding pending compliance with those provisions by the claimant.

      Sec. 12. NRS 40.6472 is hereby amended to read as follows:

      40.6472  1.  Except as otherwise provided in NRS [40.6452,] 40.670 and 40.672, a written response must be sent by certified mail, return receipt requested, to a claimant who gives notice of a constructional defect pursuant to NRS 40.645:

      (a) By the contractor not later than 90 days after the contractor receives the notice; and

      (b) If notice was sent to a subcontractor, supplier or design professional, by the subcontractor, supplier or design professional not later than 90 days after the date that the subcontractor, supplier or design professional receives the notice.

      2.  The written response sent pursuant to subsection 1 must respond to each constructional defect in the notice and:

      (a) Must state whether the contractor, subcontractor, supplier or design professional has elected to repair the defect or cause the defect to be repaired. If an election to repair is included in the response and the repair will cause the claimant to move from the claimant’s home during the repair, the election must also include monetary compensation in an amount reasonably necessary for temporary housing or for storage of household items, or for both, if necessary.

 


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      (b) May include a proposal for monetary compensation, which may include contribution from a subcontractor, supplier or design professional.

      (c) May disclaim liability for the constructional defect and state the reasons for such a disclaimer.

      3.  If the claimant is a homeowners’ association, the association shall send a copy of the response to each member of the association not later than 30 days after receiving the response.

      4.  If the contractor, subcontractor, supplier or design professional has elected not to repair the constructional defect, the claimant or contractor may bring a cause of action for the constructional defect or amend a complaint to add a cause of action for the constructional defect.

      5.  If the contractor, subcontractor, supplier or design professional has elected to repair the constructional defect, the claimant must provide the contractor, subcontractor, supplier or design professional with a reasonable opportunity to repair the constructional defect.

      Sec. 13. NRS 40.648 is hereby amended to read as follows:

      40.648  1.  If the response provided pursuant to NRS 40.6472 includes an election to repair the constructional defect:

      (a) The repairs may be performed by the contractor, subcontractor, supplier or design professional, if such person is properly licensed, bonded and insured to perform the repairs and, if such person is not, the repairs may be performed by another person who meets those qualifications.

      (b) The repairs must be performed:

             (1) On reasonable dates and at reasonable times agreed to in advance with the claimant;

             (2) In compliance with any applicable building code and in a good and workmanlike manner in accordance with the generally accepted standard of care in the industry for that type of repair; and

             (3) In a manner which will not increase the cost of maintaining the residence or appurtenance than otherwise would have been required if the residence or appurtenance had been constructed without the constructional defect, unless the contractor and the claimant agree in writing that the contractor will compensate the claimant for the increased cost incurred as a result of the repair.

      (c) Any part of the residence or appurtenance that is not defective but which must be removed to correct the constructional defect must be replaced.

      (d) The contractor, subcontractor, supplier or design professional shall prevent, remove and indemnify the claimant against any mechanics’ liens and materialmen’s liens.

      2.  Unless the claimant and the contractor, subcontractor, supplier or design professional agree to extend the time for repairs, the repairs must be completed:

      (a) [If the notice was sent pursuant to subsection 4 of NRS 40.645 and there are four or fewer owners named in the notice, for the named owners, not later than 105 days after the date on which the contractor received the notice.

      (b) If the notice was sent pursuant to subsection 4 of NRS 40.645 and there are five or more owners named in the notice, for the named owners, not later than 150 days after the date on which the contractor received the notice.

 


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      (c) If the notice was sent pursuant to subsection 4 of NRS 40.645, not later than 105 days after the date on which the contractor provides a disclosure of the notice to the unnamed owners to whom the notice applies pursuant to NRS 40.6452.

      (d) If the notice was not sent pursuant to subsection 4 of NRS 40.645:

             (1)] Not later than 105 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice of a constructional defect was received from four or fewer owners; or

             [(2)](b) Not later than 150 days after the date on which the notice of the constructional defect was received by the contractor, subcontractor, supplier or design professional if the notice was received from five or more owners or from a representative of a homeowners’ association.

      3.  If repairs reasonably cannot be completed within the time set forth in subsection 2, the claimant and the contractor, subcontractor, supplier or design professional shall agree to a reasonable time within which to complete the repair. If the claimant and contractor, subcontractor, supplier or design professional cannot agree on such a time, any of them may petition the court to establish a reasonable time for completing the repair.

      4.  Any election to repair made pursuant to NRS 40.6472 may not be made conditional upon a release of liability.

      5.  Not later than 30 days after the repairs are completed, the contractor, subcontractor, supplier or design professional who repaired or caused the repair of a constructional defect shall provide the claimant with a written statement describing the nature and extent of the repair, the method used to repair the constructional defect and the extent of any materials or parts that were replaced during the repair.

      Sec. 14. NRS 40.650 is hereby amended to read as follows:

      40.650  1.  If a claimant unreasonably rejects a reasonable written offer of settlement made as part of a response pursuant to paragraph (b) of subsection 2 of NRS 40.6472 and thereafter commences an action governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act, the court in which the action is commenced may:

      (a) Deny the claimant’s attorney’s fees and costs; and

      (b) Award attorney’s fees and costs to the contractor.

Ê Any sums paid under a homeowner’s warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the contractor, must be deducted from any recovery.

      2.  If a contractor, subcontractor, supplier or design professional fails to:

      (a) Comply with the provisions of NRS 40.6472;

      (b) Make an offer of settlement;

      (c) Make a good faith response to the claim asserting no liability;

      (d) Agree to a mediator or accept the appointment of a mediator pursuant to NRS 40.680; or

      (e) Participate in mediation,

Ê the limitations on damages and defenses to liability provided in NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act do not apply and the claimant may commence an action or amend a complaint to add a cause of action for a constructional defect without satisfying any other requirement of NRS 40.600 to 40.695, inclusive [.] , and sections 2 and 3 of this act.

      3.  If a residence or appurtenance that is the subject of the claim is covered by a homeowner’s warranty that is purchased by or on behalf of a claimant pursuant to NRS 690B.100 to 690B.180, inclusive [, a claimant shall diligently pursue a claim under the contract.]

 


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claimant pursuant to NRS 690B.100 to 690B.180, inclusive [, a claimant shall diligently pursue a claim under the contract.] :

      (a) A claimant may not send a notice pursuant to NRS 40.645 or pursue a claim pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act unless the claimant has first submitted a claim under the homeowner’s warranty and the insurer has denied the claim.

      (b) A claimant may include in a notice given pursuant to NRS 40.645 only claims for the constructional defects that were denied by the insurer.

      (c) If coverage under a homeowner’s warranty is denied by an insurer in bad faith, the homeowner and the contractor, subcontractor, supplier or design professional have a right of action for the sums that would have been paid if coverage had been provided, plus reasonable attorney’s fees and costs.

      (d) Statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act are tolled from the time notice of the claim under the homeowner’s warranty is submitted to the insurer until 30 days after the insurer rejects the claim, in whole or in part, in writing.

      4.  Nothing in this section prohibits an offer of judgment pursuant to Rule 68 of the Nevada Rules of Civil Procedure or NRS 17.115 [if the offer of judgment includes all damages to which the claimant is entitled pursuant to NRS 40.655.] or section 3 of this act.

      Sec. 15. NRS 40.655 is hereby amended to read as follows:

      40.655  1.  Except as otherwise provided in NRS 40.650, in a claim governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act, the claimant may recover only the following damages to the extent proximately caused by a constructional defect:

      (a) [Any reasonable attorney’s fees;

      (b)] The reasonable cost of any repairs already made that were necessary and of any repairs yet to be made that are necessary to cure any constructional defect that the contractor failed to cure and the reasonable expenses of temporary housing reasonably necessary during the repair;

      [(c)](b) The reduction in market value of the residence or accessory structure, if any, to the extent the reduction is because of structural failure;

      [(d)](c) The loss of the use of all or any part of the residence;

      [(e)](d) The reasonable value of any other property damaged by the constructional defect;

      [(f)](e) Any additional costs reasonably incurred by the claimant [,] for constructional defects proven by the claimant, including, but not limited to, any costs and fees incurred for the retention of experts to:

             (1) Ascertain the nature and extent of the constructional defects;

             (2) Evaluate appropriate corrective measures to estimate the value of loss of use; and

             (3) Estimate the value of loss of use, the cost of temporary housing and the reduction of market value of the residence; and

      [(g)](f) Any interest provided by statute.

      2.  [The amount of any attorney’s fees awarded pursuant to this section must be approved by the court.

      3.]  If a contractor complies with the provisions of NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act, the claimant may not recover from the contractor, as a result of the constructional defect, [anything] any damages other than [that which is provided] damages authorized pursuant to NRS 40.600 to 40.695, inclusive [.

 


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[anything] any damages other than [that which is provided] damages authorized pursuant to NRS 40.600 to 40.695, inclusive [.

      4.], and sections 2 and 3 of this act.

      3.  This section must not be construed as impairing any contractual rights between a contractor and a subcontractor, supplier or design professional.

      [5.]4.  As used in this section, “structural failure” means physical damage to the load-bearing portion of a residence or appurtenance caused by a failure of the load-bearing portion of the residence or appurtenance.

      Sec. 16. NRS 40.695 is hereby amended to read as follows:

      40.695  1.  Except as otherwise provided in [subsection] subsections 2 [,] and 3, statutes of limitation or repose applicable to a claim based on a constructional defect governed by NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act are tolled from the time notice of the claim is given, until [30] the earlier of:

      (a) One year after notice of the claim is given; or

      (b) Thirty days after mediation is concluded or waived in writing pursuant to NRS 40.680.

      2.  Statutes of limitation and repose may be tolled under this section for a period longer than 1 year after notice of the claim is given only if, in an action for a constructional defect brought by a claimant after the applicable statute of limitation or repose has expired, the claimant demonstrates to the satisfaction of the court that good cause exists to toll the statutes of limitation and repose under this section for a longer period.

      3.  Tolling under this section applies to a third party regardless of whether the party is required to appear in the proceeding.

      Sec. 17. NRS 11.202 is hereby amended to read as follows:

      11.202  1.  [An] No action may be commenced against the owner, occupier or any person performing or furnishing the design, planning, supervision or observation of construction, or the construction of an improvement to real property [at any time] more than 6 years after the substantial completion of such an improvement, for the recovery of damages for:

      (a) Any deficiency in the design, planning, supervision or observation of construction or the construction of such an improvement ; [which is the result of his or her willful misconduct or which he or she fraudulently concealed;]

      (b) Injury to real or personal property caused by any such deficiency; or

      (c) Injury to or the wrongful death of a person caused by any such deficiency.

      2.  The provisions of this section do not apply [in] :

      (a) To a claim for indemnity or contribution.

      (b) In an action brought against:

      [(a)](1) The owner or keeper of any hotel, inn, motel, motor court, boardinghouse or lodging house in this State on account of his or her liability as an innkeeper.

      [(b)](2) Any person on account of a defect in a product.

      Sec. 18. NRS 11.2055 is hereby amended to read as follows:

      11.2055  1.  Except as otherwise provided in subsection 2, for the purposes of this section and NRS 11.202 , [to 11.206, inclusive,] the date of substantial completion of an improvement to real property shall be deemed to be the date on which:

 


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      (a) The final building inspection of the improvement is conducted;

      (b) A notice of completion is issued for the improvement; or

      (c) A certificate of occupancy is issued for the improvement,

Ê whichever occurs later.

      2.  If none of the events described in subsection 1 occurs, the date of substantial completion of an improvement to real property must be determined by the rules of the common law.

      Sec. 19. NRS 113.135 is hereby amended to read as follows:

      113.135  1.  Upon signing a sales agreement with the initial purchaser of residential property that was not occupied by the purchaser for more than 120 days after substantial completion of the construction of the residential property, the seller shall:

      (a) Provide to the initial purchaser a copy of NRS 11.202 [to 11.206, inclusive,] , 11.2055 and 40.600 to 40.695, inclusive [;] , and sections 2 and 3 of this act;

      (b) Notify the initial purchaser of any soil report prepared for the residential property or for the subdivision in which the residential property is located; and

      (c) If requested in writing by the initial purchaser not later than 5 days after signing the sales agreement, provide to the purchaser without cost each report described in paragraph (b) not later than 5 days after the seller receives the written request.

      2.  Not later than 20 days after receipt of all reports pursuant to paragraph (c) of subsection 1, the initial purchaser may rescind the sales agreement.

      3.  The initial purchaser may waive his or her right to rescind the sales agreement pursuant to subsection 2. Such a waiver is effective only if it is made in a written document that is signed by the purchaser.

      Sec. 20. NRS 116.3102 is hereby amended to read as follows:

      116.3102  1.  Except as otherwise provided in this chapter, and subject to the provisions of the declaration, the association:

      (a) Shall adopt and, except as otherwise provided in the bylaws, may amend bylaws and may adopt and amend rules and regulations.

      (b) Shall adopt and may amend budgets in accordance with the requirements set forth in NRS 116.31151, may collect assessments for common expenses from the units’ owners and may invest funds of the association in accordance with the requirements set forth in NRS 116.311395.

      (c) May hire and discharge managing agents and other employees, agents and independent contractors.

      (d) May institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or two or more units’ owners on matters affecting the common-interest community. The association may not institute, defend or intervene in litigation or in arbitration, mediation or administrative proceedings in its own name on behalf of itself or units’ owners with respect to an action for a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act unless the action pertains exclusively to common elements.

      (e) May make contracts and incur liabilities. Any contract between the association and a private entity for the furnishing of goods or services must not include a provision granting the private entity the right of first refusal with respect to extension or renewal of the contract.

 


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      (f) May regulate the use, maintenance, repair, replacement and modification of common elements.

      (g) May cause additional improvements to be made as a part of the common elements.

      (h) May acquire, hold, encumber and convey in its own name any right, title or interest to real estate or personal property, but:

             (1) Common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to NRS 116.3112; and

             (2) Part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to NRS 116.3112.

      (i) May grant easements, leases, licenses and concessions through or over the common elements.

      (j) May impose and receive any payments, fees or charges for the use, rental or operation of the common elements, other than limited common elements described in subsections 2 and 4 of NRS 116.2102, and for services provided to the units’ owners, including, without limitation, any services provided pursuant to NRS 116.310312.

      (k) May impose charges for late payment of assessments pursuant to NRS 116.3115.

      (l) May impose construction penalties when authorized pursuant to NRS 116.310305.

      (m) May impose reasonable fines for violations of the governing documents of the association only if the association complies with the requirements set forth in NRS 116.31031.

      (n) May impose reasonable charges for the preparation and recordation of any amendments to the declaration or any statements of unpaid assessments, and impose reasonable fees, not to exceed the amounts authorized by NRS 116.4109, for preparing and furnishing the documents and certificate required by that section.

      (o) May provide for the indemnification of its officers and executive board and maintain directors and officers liability insurance.

      (p) May assign its right to future income, including the right to receive assessments for common expenses, but only to the extent the declaration expressly so provides.

      (q) May exercise any other powers conferred by the declaration or bylaws.

      (r) May exercise all other powers that may be exercised in this State by legal entities of the same type as the association.

      (s) May direct the removal of vehicles improperly parked on property owned or leased by the association, as authorized pursuant to NRS 487.038, or improperly parked on any road, street, alley or other thoroughfare within the common-interest community in violation of the governing documents. In addition to complying with the requirements of NRS 487.038 and any requirements in the governing documents, if a vehicle is improperly parked as described in this paragraph, the association must post written notice in a conspicuous place on the vehicle or provide oral or written notice to the owner or operator of the vehicle at least 48 hours before the association may direct the removal of the vehicle, unless the vehicle:

             (1) Is blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

 


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             (2) Poses an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the units’ owners or residents of the common-interest community.

      (t) May exercise any other powers necessary and proper for the governance and operation of the association.

      2.  The declaration may not limit the power of the association to deal with the declarant if the limit is more restrictive than the limit imposed on the power of the association to deal with other persons.

      3.  The executive board may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commence an action for a violation of the declaration, bylaws or rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The executive board does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:

      (a) The association’s legal position does not justify taking any or further enforcement action;

      (b) The covenant, restriction or rule being enforced is, or is likely to be construed as, inconsistent with current law;

      (c) Although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or

      (d) It is not in the association’s best interests to pursue an enforcement action.

      4.  The executive board’s decision under subsection 3 not to pursue enforcement under one set of circumstances does not prevent the executive board from taking enforcement action under another set of circumstances, but the executive board may not be arbitrary or capricious in taking enforcement action.

      5.  Notwithstanding any provision of this chapter or the governing documents to the contrary, an association may not impose any assessment pursuant to this chapter or the governing documents on the owner of any property in the common-interest community that is exempt from taxation pursuant to NRS 361.125. For the purposes of this subsection, “assessment” does not include any charge for any utility services, including, without limitation, telecommunications, broadband communications, cable television, electricity, natural gas, sewer services, garbage collection, water or for any other service which is delivered to and used or consumed directly by the property in the common-interest community that is exempt from taxation pursuant to NRS 361.125.

      Sec. 21.  1.  Section 2 of this act applies only to residential construction for which a contract is entered into on or after the effective date of this act.

      2.  The provisions of NRS 40.615 and 40.655, as amended by sections 6 and 15 of this act, apply to any claim that arises on or after the effective date of this act.

      3.  The provisions of NRS 40.645, 40.650 and 40.695, as amended by sections 8, 14 and 16 of this act, apply to a notice of a constructional defect given on or after the effective date of this act.

 


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      4.  The provisions of NRS 40.647, as amended by section 11 of this act, apply only to an inspection conducted pursuant to NRS 40.6462, as amended by section 10 of this act, on or after the effective date of this act.

      5.  Except as otherwise provided in subsection 6, the period of limitations on actions set forth in NRS 11.202, as amended by section 17 of this act, applies retroactively to actions in which the substantial completion of the improvement to the real property occurred before the effective date of this act.

      6.  The provisions of subsection 5 do not limit an action:

      (a) That accrued before the effective date of this act, and was commenced within 1 year after the effective date of this act; or

      (b) If doing so would constitute an impairment of the obligation of contracts under the Constitution of the United States or the Constitution of the State of Nevada.

      7.  The provisions of NRS 116.3102, as amended by section 20 of this act, do not apply if a unit-owners’ association has given notice of a constructional defect pursuant to NRS 40.600 to 40.695, inclusive, and sections 2 and 3 of this act on or before the effective date of this act.

      8.  As used in this section:

      (a) “Residential construction” means the construction of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance.

      (b) “Unit-owners’ association” has the meaning ascribed to it in NRS 116.011.

      Sec. 22. NRS 11.203, 11.204, 11.205, 11.206 and 40.6452 are hereby repealed.

      Sec. 23.  This act becomes effective upon passage and approval.

________

CHAPTER 3, AB 33

Assembly Bill No. 33–Committee on Government Affairs

 

CHAPTER 3

 

[Approved: February 24, 2015]

 

AN ACT relating to the State Library and Archives; changing the name of the Division of State Library and Archives of the Department of Administration to the Division of State Library, Archives and Public Records; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill: (1) changes the name of the State Library and Archives to the State Library, Archives and Public Records; (2) changes the name of the Division of State Library and Archives to the Division of State Library, Archives and Public Records; and (3) changes the name of the State Library and Archives Administrator to the State Library, Archives and Public Records Administrator.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 378.005 is hereby amended to read as follows:

      378.005  As used in this chapter:

      1.  “Administrator” means the State Library, Archives and Public Records Administrator.

      2.  “Department” means the Department of Administration.

      [2.] 3.  “Director” means the Director of the Department.

      [3.] 4.  “Division” means the Division of State Library , [and] Archives and Public Records of the Department.

      Sec. 2. NRS 378.010 is hereby amended to read as follows:

      378.010  The [State Library and Archives] Administrator:

      1.  Is appointed by, responsible to, and serves at the pleasure of the Director.

      2.  Must be appointed on the basis of merit.

      3.  Is in the classified service, except for the purposes of removal.

      Sec. 3. NRS 378.090 is hereby amended to read as follows:

      378.090  Any gift of money to the State Library , [and] Archives and Public Records or to the State of Nevada for its library or archives which the [State Library and Archives] Administrator is authorized to accept must be deposited in the State Treasury in a fund to be known as the Gift Fund for the State Library , [and] Archives [.] and Public Records. This Fund is a continuing fund without reversion, and money in the Fund must be used for those purposes only and expended in accordance with the terms of the gift. Any interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      Sec. 4. NRS 378.170 is hereby amended to read as follows:

      378.170  1.  There is hereby created within the State Library , [and] Archives and Public Records a State Publications Distribution Center.

      2.  The [State Library and Archives] Administrator:

      (a) Except as otherwise provided in paragraph (b), may adopt such regulations as may be necessary to carry out the purposes of the Center.

      (b) Shall adopt regulations prescribing the procedures for submitting an electronic version of a publication to the Center pursuant to NRS 378.180.

      Sec. 5. NRS 232.213 is hereby amended to read as follows:

      232.213  1.  The Department of Administration is hereby created.

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

      (a) Budget Division.

      (b) Risk Management Division.

      (c) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.

      (d) State Public Works Division.

      (e) Purchasing Division.

      (f) Administrative Services Division.

      (g) Division of Internal Audits.

      (h) Division of Human Resource Management.

      (i) Division of Enterprise Information Technology Services.

      (j) Division of State Library , [and] Archives [.] and Public Records.

 


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      (k) Office of Grant Procurement, Coordination and Management.

      (l) Fleet Services Division.

      Sec. 6. NRS 232.215 is hereby amended to read as follows:

      232.215  The Director:

      1.  Shall appoint an Administrator of the:

      (a) Risk Management Division;

      (b) State Public Works Division;

      (c) Purchasing Division;

      (d) Administrative Services Division;

      (e) Division of Internal Audits;

      (f) Division of Human Resource Management;

      (g) Division of Enterprise Information Technology Services;

      (h) Division of State Library , [and] Archives [;] and Public Records;

      (i) Office of Grant Procurement, Coordination and Management; and

      (j) Fleet Services Division.

      2.  Shall appoint a Chief of the Budget Division, or may serve in this position if the Director has the qualifications required by NRS 353.175.

      3.  Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.

      4.  Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242, 284, 331, 333, 336, 338 and 341 of NRS, NRS 353.150 to 353.246, inclusive, and 353A.031 to 353A.100, inclusive, chapter 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.

      5.  Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.

      6.  Has such other powers and duties as are provided by law.

      Sec. 7. NRS 239.005 is hereby amended to read as follows:

      239.005  As used in this chapter, unless the context otherwise requires:

      1.  “Actual cost” means the direct cost related to the reproduction of a public record. The term does not include a cost that a governmental entity incurs regardless of whether or not a person requests a copy of a particular public record.

      2.  “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.

      3.  “Committee” means the Committee to Approve Schedules for the Retention and Disposition of Official State Records.

      4.  “Division” means the Division of State Library , [and] Archives and Public Records of the Department of Administration.

      5.  “Governmental entity” means:

      (a) An elected or appointed officer of this State or of a political subdivision of this State;

      (b) An institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of the Executive Department, or of a political subdivision of this State;

 


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      (c) A university foundation, as defined in NRS 396.405; or

      (d) An educational foundation, as defined in NRS 388.750, to the extent that the foundation is dedicated to the assistance of public schools.

      6.  “Privatization contract” means a contract executed by or on behalf of a governmental entity which authorizes a private entity to provide public services that are:

      (a) Substantially similar to the services provided by the public employees of the governmental entity; and

      (b) In lieu of the services otherwise authorized or required to be provided by the governmental entity.

      Sec. 8.  1.  Any administrative regulations adopted by an officer or entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act remain in force until amended by the officer or entity to which the responsibility for the adoption of the regulations has been transferred.

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

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

      Sec. 9.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used.

      Sec. 10.  This act becomes effective on July 1, 2015.

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EMERGENCY REQUEST of Senate Majority Leader

 

CHAPTER 4, SB 207

Senate Bill No. 207–Senators Roberson, Harris, Kieckhefer, Hardy, Farley; and Brower

 

CHAPTER 4

 

[Approved: March 4, 2015]

 

AN ACT relating to financing of school facilities; temporarily authorizing the boards of trustees of school districts with prior voter approval to issue general obligation bonds in certain circumstances; temporarily revising provisions governing the transfer of certain revenue to the fund for capital projects of such a school district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the board of trustees of a school district to issue general obligation bonds to raise money for certain specified purposes related to school facilities, including: (1) the construction, design or purchase of new buildings for schools; (2) enlarging, remodeling or repairing existing buildings or grounds for schools; and (3) acquiring sites for building schools. (NRS 387.335)

      Under existing law, if a municipality proposes to issue or incur general obligation bonds, the proposal is required to be submitted to the qualified electors at an election. Existing law provides an exception from this requirement for the issuance of general obligation bonds of a school district if: (1) the issuance of the bonds is not expected to result in an increase in the existing property tax levy for the payment of the bonds of the school district; and (2) the voters have approved a question that authorizes the issuance of such bonds by the board of trustees of the school district for 10 years after the date of approval under two conditions. First, the board of trustees is required to make a finding that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. Second, the board of trustees is required to obtain approval of each such bond issuance from the debt management commission in the county in which the school district is located and, in counties whose population is 100,000 or more (currently Clark and Washoe Counties), from the oversight panel for school facilities. Existing law also provides that such a question may authorize the board of trustees to transfer any excess revenue generated by the school district’s property tax for debt service to the fund for capital projects of the school district to pay for certain capital projects, commonly known as “pay as you go” funding. (NRS 350.020)

      If such a question for the issuance of bonds of a school district has been approved by the voters, this bill authorizes the board of trustees of the school district to issue general obligation bonds for one additional period of 10 years, without any further approval of the voters and regardless of whether the question was approved more than 10 years before the effective date of this bill. For each issuance of bonds during that additional 10-year period, the board of trustees must make the required finding regarding the sufficiency of the existing tax to pay debt service on the bonds and obtain the approval of the debt management commission in the county and, if applicable, the oversight panel for school facilities. During the additional 10-year period, this bill also authorizes the board of trustees to use excess revenue generated from the property tax for debt service of the school district for “pay as you go” funding even though such authorization was not specifically included in the question approved by the voters.

 

 


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ê2015 Statutes of Nevada, Page 26 (Chapter 4, SB 207)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 350 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the voters approved a question that was submitted by a board of trustees of a school district in accordance with subsection 4 of NRS 350.020 for authorization to issue general obligation bonds, regardless of whether such approval occurred more than 10 years before the effective date of this act:

      1.  Such approval shall be deemed to constitute approval of the qualified electors for the issuance of general obligation bonds by the board of trustees of the school district pursuant to subsection 4 of NRS 350.020 for a period of 10 years commencing on the effective date of this act if the question was approved by the voters more than 10 years before the effective date of this act, or otherwise commencing on the date of the expiration of the 10-year period approved by the voters in the question, and no other approval of the qualified electors is required for such issuance of general obligation bonds pursuant to the provisions of NRS 350.020 by the board of trustees of the school district for that period.

      2.  During the 10-year period in which a board of trustees is authorized to issue bonds as provided in subsection 1, all or a portion of the revenue generated by the school district’s property tax for debt service which is in excess of the amount required:

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

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

      (c) To maintain the reserve account required pursuant to subsection 5 of NRS 350.020,

Ê may be transferred by the board of trustees to the school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds if the findings and approvals required by subsection 4 of NRS 350.020 are obtained.

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

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CHAPTER 5, SB 119

Senate Bill No. 119–Senators Harris and Kieckhefer

 

CHAPTER 5

 

[Approved: March 6, 2015]

 

AN ACT relating to educational facilities; making the provisions governing the payment of prevailing wages inapplicable to a school district, a charter school and the Nevada System of Higher Education; temporarily authorizing the boards of trustees of school districts with prior voter approval to issue general obligation bonds in certain circumstances; temporarily revising provisions governing the transfer of certain revenue to the fund for capital projects of such a school district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth general requirements applicable to public works, including provisions requiring the payment of prevailing wages to mechanics and workers employed on public works projects. (NRS 338.020-338.090) Section 1 of this bill excludes from the prevailing wage requirement: (1) any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district, a charter school or the Nevada System of Higher Education is a party; and (2) a public work of, or constructed by, a school district, a charter school or the Nevada System of Higher Education or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by one of those entities. Section 6 of this bill eliminates the requirement that the Nevada System of Higher Education pay prevailing wages on construction work for which the estimated cost exceeds $100,000 even if the construction work does not qualify as a public work. (NRS 338.075) Sections 3-5 of this bill eliminate the requirement that the Nevada System of Higher Education pay prevailing wages on lease-purchase and installment-purchase agreements that involve the construction, alteration, repair or remodeling of an improvement. (NRS 353.545, 353.590)

      Existing law authorizes the board of trustees of a school district to issue general obligation bonds to raise money for certain specified purposes related to school facilities, including: (1) the construction, design or purchase of new buildings for schools; (2) enlarging, remodeling or repairing existing buildings or grounds for schools; and (3) acquiring sites for building schools. (NRS 387.335)

      Under existing law, if a municipality proposes to issue or incur general obligation bonds, the proposal is required to be submitted to the qualified electors at an election. Existing law provides an exception from this requirement for the issuance of general obligation bonds of a school district if: (1) the issuance of the bonds is not expected to result in an increase in the existing property tax levy for the payment of the bonds of the school district; and (2) the voters have approved a question that authorizes the issuance of such bonds by the board of trustees of the school district for 10 years after the date of approval under two conditions. First, the board of trustees is required to make a finding that the existing tax for debt service will at least equal the amount required to pay the principal and interest on the outstanding general obligations of the school district and the general obligations proposed to be issued. Second, the board of trustees is required to obtain approval of each such bond issuance from the debt management commission in the county in which the school district is located and, in counties whose population is 100,000 or more (currently Clark and Washoe Counties), from the oversight panel for school facilities. Existing law also provides that such a question may authorize the board of trustees to transfer any excess revenue generated by the school district’s property tax for debt service to the fund for capital projects of the school district to pay for certain capital projects, commonly known as “pay as you go” funding.

 


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revenue generated by the school district’s property tax for debt service to the fund for capital projects of the school district to pay for certain capital projects, commonly known as “pay as you go” funding. (NRS 350.020)

      If such a question for the issuance of bonds of a school district has been approved by the voters, this bill authorizes the board of trustees of the school district to issue general obligation bonds for one additional period of 10 years, without any further approval of the voters and regardless of whether the question was approved more than 10 years before the effective date of this bill. For each issuance of bonds during that additional 10-year period, the board of trustees must make the required finding regarding the sufficiency of the existing tax to pay debt service on the bonds and obtain the approval of the debt management commission in the county and, if applicable, the oversight panel for school facilities. During the additional 10-year period, this bill also authorizes the board of trustees to use excess revenue generated from the property tax for debt service of the school district for “pay as you go” funding even though such authorization was not specifically included in the question approved by the voters.

 

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 338.080 is hereby amended to read as follows:

      338.080  None of the provisions of NRS 338.020 to 338.090, inclusive, apply to:

      1.  Any work, construction, alteration, repair or other employment performed, undertaken or carried out, by or for any railroad company or any person operating the same, whether such work, construction, alteration or repair is incident to or in conjunction with a contract to which a public body is a party, or otherwise.

      2.  Apprentices recorded under the provisions of chapter 610 of NRS.

      3.  Any contract for a public work whose cost is less than $100,000. A unit of the project must not be separated from the total project, even if that unit is to be completed at a later time, in order to lower the cost of the project below $100,000.

      4.  Any contract for a public work or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property to which a school district, a charter school or the Nevada System of Higher Education is a party, notwithstanding any other provision of law.

      5.  A public work of, or constructed by, a school district, a charter school or the Nevada System of Higher Education or any other construction, alteration, repair, remodeling or reconstruction of an improvement or property of or constructed by one of these entities, notwithstanding any other provision of law.

      Sec. 2. Chapter 350 of NRS is hereby amended by adding thereto a new section to read as follows:

      If the voters approved a question that was submitted by a board of trustees of a school district in accordance with subsection 4 of NRS 350.020 for authorization to issue general obligation bonds, regardless of whether such approval occurred more than 10 years before the effective date of this act:

      1.  Such approval shall be deemed to constitute approval of the qualified electors for the issuance of general obligation bonds by the board of trustees of the school district pursuant to subsection 4 of NRS 350.020 for a period of 10 years commencing on the effective date of this act if the question was approved by the voters more than 10 years before the effective date of this act, or otherwise commencing on the date of the expiration of the 10-year period approved by the voters in the question, and no other approval of the qualified electors is required for such issuance of general obligation bonds pursuant to the provisions of NRS 350.020 by the board of trustees of the school district for that period.

 


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for a period of 10 years commencing on the effective date of this act if the question was approved by the voters more than 10 years before the effective date of this act, or otherwise commencing on the date of the expiration of the 10-year period approved by the voters in the question, and no other approval of the qualified electors is required for such issuance of general obligation bonds pursuant to the provisions of NRS 350.020 by the board of trustees of the school district for that period.

      2.  During the 10-year period in which a board of trustees is authorized to issue bonds as provided in subsection 1, all or a portion of the revenue generated by the school district’s property tax for debt service which is in excess of the amount required:

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

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

      (c) To maintain the reserve account required pursuant to subsection 5 of NRS 350.020,

Ê may be transferred by the board of trustees to the school district’s fund for capital projects established pursuant to NRS 387.328 and used to pay the cost of capital projects which can lawfully be paid from that fund. Any such transfer must not limit the ability of the school district to issue bonds if the findings and approvals required by subsection 4 of NRS 350.020 are obtained.

      Sec. 3. NRS 353.545 is hereby amended to read as follows:

      353.545  The Legislature hereby finds and declares that:

      1.  The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.

      2.  The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.

      3.  The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:

      (a) Engage in or allow bid-shopping; or

      (b) [Avoid] Except as otherwise provided in subsection 5 of NRS 353.590, avoid or circumvent any requirement regarding the payment of prevailing wages for public works.

      4.  When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.

      5.  [If] Except as otherwise provided in subsection 5 of NRS 353.590, if a lease-purchase or installment-purchase agreement involves the construction, alteration, repair or remodeling of an improvement:

      (a) The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

 


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      (b) The government of this State or a political subdivision of this State, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the government of this State or a political subdivision of this State had undertaken the project or had awarded the contract.

      Sec. 4. NRS 353.590 is hereby amended to read as follows:

      353.590  If an agreement pursuant to NRS 353.500 to 353.630, inclusive, involves the construction, alteration, repair or remodeling of an improvement:

      1.  Except as otherwise provided in this section, the construction, alteration, repair or remodeling of the improvement may be conducted as specified in the agreement without complying with the provisions of:

      (a) Any law requiring competitive bidding; or

      (b) Chapter 341 of NRS.

      2.  [The] Except as otherwise provided in subsection 5, the person or entity that enters into the agreement for the actual construction, alteration, repair or remodeling of the improvement shall include in the agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

      3.  [The] Except as otherwise provided in subsection 5, the State or a state agency, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the State or a state agency had undertaken the project or had awarded the contract.

      4.  The provisions of:

      (a) Paragraph (b) of subsection 9 of NRS 341.100; and

      (b) NRS 341.105,

Ê apply to the construction, alteration, repair or remodeling of the improvement.

      5.  For projects of or for the Nevada System of Higher Education where it is anticipated that payments under the agreement will be made with state appropriations, the Nevada System of Higher Education, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project are not required to comply with the provisions of NRS 338.013 to 338.090, inclusive.

      Sec. 5. NRS 354.740 is hereby amended to read as follows:

      354.740  The Legislature hereby finds and declares that:

      1.  The authority provided by other specific statutes for the government of this State and the political subdivisions of this State to use lease-purchase and installment-purchase agreements provides an important and valuable option for these governmental entities and, when this authority is used properly, provides great benefit to the residents of this State.

      2.  The statutory provisions governing the use of lease-purchase and installment-purchase agreements should be interpreted to allow the process of entering into and carrying out these agreements to be as streamlined and efficient as possible.

 


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ê2015 Statutes of Nevada, Page 31 (Chapter 5, SB 119)ê

 

      3.  The government of this State and the political subdivisions of this State should not use lease-purchase and installment-purchase agreements to:

      (a) Engage in or allow bid-shopping; or

      (b) [Avoid] Except as otherwise provided in subsection 5 of NRS 353.590, avoid or circumvent any requirement regarding the payment of prevailing wages for public works.

      4.  When using lease-purchase and installment-purchase agreements, the government of this State and the political subdivisions of this State should provide for the preferential hiring of Nevada residents to the extent otherwise required by law.

      5.  [If] Except as otherwise provided in subsection 5 of NRS 353.590, if a lease-purchase or installment-purchase agreement pursuant to this section involves the construction, alteration, repair or remodeling of an improvement:

      (a) The person or entity that executes one or more contracts or agreements for the actual construction, alteration, repair or remodeling of the improvement shall include in such a contract or agreement the contractual provisions and stipulations that are required to be included in a contract for a public work pursuant to the provisions of NRS 338.013 to 338.090, inclusive.

      (b) The government of this State or a political subdivision of this State, the contractor who is awarded the contract or entered into the agreement to perform the construction, alteration, repair or remodeling of the improvement and any subcontractor on the project shall comply with the provisions of NRS 338.013 to 338.090, inclusive, in the same manner as if the government of this State or a political subdivision of this State had undertaken the project or had awarded the contract.

      Sec. 6. NRS 338.075 is hereby repealed.

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

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CHAPTER 6, SB 90

Senate Bill No. 90–Committee on Government Affairs

 

CHAPTER 6

 

[Approved: March 6, 2015]

 

AN ACT relating to military justice; conferring upon a person who is subject to the Nevada Code of Military Justice the right to demand a trial by court-martial in lieu of accepting nonjudicial punishment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a commanding officer in the state military forces may, for minor offenses, impose certain punishments on certain members of the state military forces without convening a court-martial. (NRS 412.2875, 412.288) Existing law provides that such a member has the right to demand a trial by court-martial only if the punishment imposes a restraint of freedom through restriction and arrest in quarters. (NRS 412.2445, 412.2879) This bill expands the right of such a member to demand a trial by court-martial before the imposition of any punishment, including a nonjudicial punishment such as suspension from duty, forfeiture of pay or reduction in pay grade.

 


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ê2015 Statutes of Nevada, Page 32 (Chapter 6, SB 90)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 412.243 is hereby amended to read as follows:

      412.243  “Nonjudicial punishment” means punishment that is imposed:

      1.  Pursuant to NRS 412.286 to 412.302, inclusive;

      2.  Against an accused, through the chain of command, by the accused’s commanding officer or other officer in charge; and

      3.  Without [the need to convene] a trial by court-martial.

      Sec. 2. NRS 412.2879 is hereby amended to read as follows:

      412.2879  An accused facing nonjudicial punishment has the right to demand a trial by court-martial [only if the commanding officer who initiated the proceeding for nonjudicial punishment elects to impose restraint-of-freedom punishments. If, before an offer of nonjudicial punishment is made, the commanding officer elects not to impose restraint-of-freedom punishments, the accused has no right to demand a trial by court-martial. If the commanding officer does not advise the accused serviceman or servicewoman of his or her right to reject the nonjudicial punishment and demand a trial by court-martial on initiation of the nonjudicial punishment action, the commanding officer thereby waives the right to retain the restraint-of-freedom punishments.] in lieu of accepting the nonjudicial punishment, at any time before the imposition of the nonjudicial punishment.

      Sec. 3. NRS 412.293 is hereby amended to read as follows:

      412.293  1.  A commanding officer who, after preliminary inquiry, determines that [the] nonjudicial punishment [options will include restraint-of-freedom punishments] is appropriate for a particular serviceman or servicewoman shall use a formal proceeding.

      2.  If the commanding officer determines that a formal proceeding is appropriate, the accused must be notified in writing of:

      (a) The intent of the commanding officer to initiate nonjudicial punishment;

      (b) The intent of the commanding officer to use a formal proceeding;

      (c) The maximum punishments allowable under the formal proceeding;

      (d) The right of the accused to remain silent;

      (e) Each offense that the accused has allegedly committed with reference to sections of the law that are alleged to have been violated;

      (f) The right of the accused to confront witnesses, examine the evidence and submit matters in defense, extenuation and mitigation;

      (g) The right of the accused to consult with a judge advocate and the location of such counsel;

      (h) The right of the accused to demand a trial by court-martial at any time before the imposition of the nonjudicial punishment; and

      (i) The right of the accused to appeal.

      3.  If the commanding officer determines that a formal proceeding is appropriate, the accused must be given a reasonable time to consult with counsel, to gather matters in defense, extenuation and mitigation and to decide whether to accept the nonjudicial punishment or demand a trial by court-martial.

 


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ê2015 Statutes of Nevada, Page 33 (Chapter 6, SB 90)ê

 

court-martial. This decision period must be at least 48 hours, depending on the availability of counsel, but such period may be extended at the request of the accused.

      4.  The commanding officer is not bound by the formal rules of evidence before courts-martial and may consider any matter the commanding officer reasonably believes is relevant to the offense.

      Sec. 4. NRS 412.2445 and 412.2925 are hereby repealed.

      Sec. 5.  The amendatory provisions of this act apply to any nonjudicial punishment which was imposed, but has not been executed, before July 1, 2015.

      Sec. 6.  This act becomes effective on July 1, 2015.

________

CHAPTER 7, SB 82

Senate Bill No. 82–Committee on Government Affairs

 

CHAPTER 7

 

[Approved: March 10, 2015]

 

AN ACT relating to courts; removing certain obsolete provisions relating to security services provided by the Capitol Police Division of the Department of Public Safety; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Supreme Court of Nevada to employ certain persons to provide for the security of the justices of the Supreme Court, judges of the Court of Appeals and employees of the Supreme Court and for the security of certain judicial facilities. (NRS 2.295, 333.710) This bill removes obsolete language relating to the assignment of personnel of the Capitol Police Division of the Department of Public Safety to provide security services to the Supreme Court. (NRS 331.140)

 

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 331.140 is hereby amended to read as follows:

      331.140  1.  The Administrator shall take proper care to prevent any unlawful activity on or damage to any state property under the supervision and control of the Administrator, and to protect the safety of any persons on that property.

      2.  The Director of the Department of Public Safety shall appoint to the Capitol Police Division of that Department such personnel as may be necessary to assist the Administrator and the Buildings and Grounds Section in the enforcement of subsection 1. The salaries and expenses of the personnel appointed pursuant to this subsection must, within the limits of legislative authorization, be paid out of the Buildings and Grounds Operating Fund.

      [3.  Personnel of the Capitol Police Division who are assigned to protect the safety of the justices of the Supreme Court and the judges of the Court of Appeals have the authority to provide any necessary security services, at the request of the Court Administrator, to the justices of the Supreme Court and the judges of the Court of Appeals while the justices or judges are performing work duties at any location in this State.

 


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ê2015 Statutes of Nevada, Page 34 (Chapter 7, SB 82)ê

 

request of the Court Administrator, to the justices of the Supreme Court and the judges of the Court of Appeals while the justices or judges are performing work duties at any location in this State. No money may be expended from the Buildings and Grounds Operating Fund for such security services unless the money has been specifically appropriated for such a purpose.]

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

________

CHAPTER 8, SB 64

Senate Bill No. 64–Committee on Government Affairs

 

CHAPTER 8

 

[Approved: March 10, 2015]

 

AN ACT relating to the Housing Division of the Department of Business and Industry; revising the qualifications for the Chief Financial Officer of the Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Chief of the Housing Division of the Department of Business and Industry is required to appoint, with the consent of the Director of the Department, a Chief Financial Officer for the Division who: (1) is a certified public accountant licensed by this State or another state of the United States; (2) has 5 years of responsible experience in investment banking and general accounting; or (3) has a comprehensive knowledge of the principles and practices of public finance and 5 years of responsible experience in that field. This bill revises those qualifications to provide that the Chief Financial Officer must: (1) be a certified public accountant licensed by this State or another state of the United States or have at least 5 years of responsible experience in investment banking, general accounting, public finance or a related field; and (2) have a comprehensive knowledge of the principles and practices of public finance.

 

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 232.540 is hereby amended to read as follows:

      232.540  1.  The Chief of the Housing Division of the Department shall appoint, with the consent of the Director, a Chief Financial Officer for the Housing Division.

      2.  The Chief Financial Officer for the Housing Division must:

      (a) [Be] Have:

             (1) A license to practice as a certified public accountant [licensed] issued by this state or another state of the United States; or

      [(b) Have]

             (2) At least 5 years of responsible experience in investment banking , [and] general accounting [;] , public finance or a related field; and

      [(c)](b) Have a comprehensive knowledge of the principles and practices of public finance . [and 5 years of responsible experience in that field.]

 


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ê2015 Statutes of Nevada, Page 35 (Chapter 8, SB 64)ê

 

      3.  The Chief Financial Officer for the Housing Division is:

      (a) In the unclassified service of the State.

      (b) Directly responsible to the Chief of the Housing Division.

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

________

CHAPTER 9, AB 35

Assembly Bill No. 35–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 9

 

[Approved: March 16, 2015]

 

AN ACT relating to vessels; requiring the Board of Wildlife Commissioners to adopt regulations for issuing and verifying the hull numbers of vessels in this State; requiring the Department of Wildlife, under certain circumstances, to assign a hull number to a vessel that meets the requirements prescribed by the United States Coast Guard; authorizing the Department to require the inspection of a vessel under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Federal law requires that, effective January 1, 2017, before taking certain actions related to a vessel, a state must verify that the vessel’s hull number meets the requirements prescribed by the United States Coast Guard and issue a new hull number if the hull number does not meet those requirements. (33 C.F.R. § 174.16; 33 C.F.R. Part 181, Subpart C) Section 1 of this bill requires the Board of Wildlife Commissioners to adopt regulations establishing a process for the issuance and verification of state hull numbers to ensure compliance with the requirements prescribed by the United States Coast Guard. Section 2 of this bill defines “state hull number” to mean a hull number issued by the Department of Wildlife which meets the requirements prescribed by the United States Coast Guard. Section 4 of this bill requires the Department to assign a state hull number pursuant to the regulations adopted by the Commissioners.

      Existing law authorizes the Department, under certain circumstances, to assign a hull number to a motorboat. (NRS 488.065) Section 3 of this bill requires the Department to assign a state hull number upon receipt of an application for a certificate of ownership or transfer of a certificate of ownership of a motorboat if the hull number does not meet the requirements prescribed by the United States Coast Guard.

      Existing law also provides that under certain circumstances an owner of a vessel may apply for a duplicate certificate of ownership. (NRS 488.1813) Section 5 of this bill authorizes the Department to require an inspection of the vessel upon receipt of an application for a duplicate certificate of ownership.

      Existing law authorizes the Department, under certain circumstances, to assign a hull number to an abandoned vessel. (NRS 488.293) Section 6 of this bill requires the Department, under certain circumstances, to assign a state hull number to such a vessel if the existing hull number does not comply with the requirements prescribed by the United States Coast Guard.

 


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ê2015 Statutes of Nevada, Page 36 (Chapter 9, AB 35)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 488 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Commission shall adopt regulations establishing a process for the issuance and verification of state hull numbers that comply with the requirements for hull numbers prescribed by the United States Coast Guard.

      Sec. 2. NRS 488.035 is hereby amended to read as follows:

      488.035  As used in this chapter, unless the context otherwise requires:

      1.  “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

      2.  “Aquatic plant material” means aquatic plants or parts of plants that are dependent on an aquatic environment to survive.

      3.  “Commission” means the Board of Wildlife Commissioners.

      4.  “Conveyance” means a motor vehicle, trailer or any other equipment used to transport a vessel or containers or devices used to haul water on a vessel that may contain or carry an aquatic invasive species or aquatic plant material.

      5.  “Decontaminate” means eliminate any aquatic invasive species on a vessel or conveyance in a manner specified by the Commission which may include, without limitation, washing the vessel or conveyance, draining the water in the vessel or conveyance, drying the vessel or conveyance or chemically, thermally or otherwise treating the vessel or conveyance.

      6.  “Department” means the Department of Wildlife.

      7.  “Flat wake” means the condition of the water close astern a moving vessel that results in a flat wave disturbance.

      8.  “Interstate waters of this State” means waters forming the boundary between the State of Nevada and an adjoining state.

      9.  “Legal owner” means a secured party under a security agreement relating to a vessel or a renter or lessor of a vessel to the State or any political subdivision of the State under a lease or an agreement to lease and sell or to rent and purchase which grants possession of the vessel to the lessee for a period of 30 consecutive days or more.

      10.  “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.

      11.  “Operate” means to navigate or otherwise use a motorboat or a vessel.

      12.  “Owner” means:

      (a) A person having all the incidents of ownership, including the legal title of a vessel, whether or not he or she lends, rents or pledges the vessel; and

      (b) A debtor under a security agreement relating to a vessel.

Ê “Owner” does not include a person defined as a “legal owner” under subsection 9.

      13.  “Prohibited substance” has the meaning ascribed to it in NRS 484C.080.

 


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ê2015 Statutes of Nevada, Page 37 (Chapter 9, AB 35)ê

 

      14.  “Registered owner” means the person registered by the Commission as the owner of a vessel.

      15.  “State hull number” means a hull number issued for a vessel by the Department that meets the requirements prescribed by the United States Coast Guard, including, without limitation, 33 C.F.R. § 174.16 and 33 C.F.R. Part 181, Subpart C.

      16.  A vessel is “under way” if it is adrift, making way or being propelled, and is not aground, made fast to the shore, or tied or made fast to a dock or mooring.

      [16.]17.  “Vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

      [17.]18.  “Waters of this State” means any waters within the territorial limits of this State.

      Sec. 3. NRS 488.065 is hereby amended to read as follows:

      488.065  1.  Every motorboat on the waters of this state must be numbered and titled, except as otherwise provided in subsection 4 and NRS 488.175.

      2.  Upon receipt of an original application for a certificate of ownership or for transfer of a certificate of ownership on an undocumented motorboat, the Department [may] shall assign an appropriate [builder’s] state hull number to the motorboat whenever there is no builder’s hull number thereon, [or] when the builder’s hull number has been destroyed or obliterated [.] , or if the builder’s hull number does not meet the requirements prescribed by the United States Coast Guard. The [builder’s] state hull number must be permanently marked on an integral part of the hull which is accessible for inspection.

      3.  A person shall not operate or give permission for the operation of any motorboat on the waters of this state unless:

      (a) The motorboat is numbered in accordance with the provisions of this chapter or with the federally approved numbering system of another state;

      (b) The certificate of number awarded to the motorboat is in effect;

      (c) The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat; and

      (d) A valid certificate of ownership has been issued to the owner of any motorboat required to be numbered under this chapter.

      4.  Any person who purchases or otherwise owns a motorboat before January 1, 1972, is not required to obtain title for the motorboat until the person transfers any portion of his or her ownership in the motorboat to another person.

      Sec. 4. NRS 488.171 is hereby amended to read as follows:

      488.171  1.  The Department shall assign a state hull number to any vessel as required by the regulations adopted by the Commission pursuant to section 1 of this act.

      2.  A person shall not:

      (a) Intentionally deface, destroy, remove or alter any hull number required for a vessel without written authorization from the Department; or

      (b) Place or stamp any serial number upon a vessel except a number assigned to the vessel by the Department.

      [2.]3.  This section does not prohibit:

      (a) The restoration of the original hull number by an owner of a vessel when the restoration is authorized by the Department; or

 


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ê2015 Statutes of Nevada, Page 38 (Chapter 9, AB 35)ê

 

      (b) Any manufacturer from placing numbers or marks in the ordinary course of business upon new vessels or parts of vessels.

      [3.]4.  The Department shall, upon request, assign a state hull number to any handmade vessel.

      [4.]5.  Any person who violates subsection [1] 2 is guilty of a gross misdemeanor.

      Sec. 5. NRS 488.1813 is hereby amended to read as follows:

      488.1813  1.  If a certificate of ownership is lost, stolen, damaged or mutilated, an application for transfer may be made upon a form provided by the Department for a duplicate certificate of ownership. The transferor shall write his or her signature and address in the appropriate spaces provided upon the application and file it together with the proper fees for a duplicate certificate of ownership and transfer.

      2.  The Department may receive the application and examine into the circumstances of the case and may require an inspection of the vessel and the filing of affidavits or other information . [, and when] When the Department is satisfied that the applicant is entitled to a transfer of ownership, [it] the Department may transfer the ownership of the motorboat [,] and issue a new certificate of ownership and certificate of number to the person found to be entitled thereto.

      Sec. 6. NRS 488.293 is hereby amended to read as follows:

      488.293  1.  A peace officer may attempt to identify the registered owner of a vessel abandoned on private property by inspection of the vessel and any trailer to which it is attached and may supply the information to the property owner. The property owner must declare by affidavit the reasons why he or she believes the property to be abandoned. The property owner must give 5 days’ notice to the last registered owner before causing the removal of the vessel. If the last registered owner is unknown or cannot be notified, the vessel may immediately be removed to a secure location designated by a peace officer.

      2.  A peace officer shall, within 48 hours after directing the removal of an abandoned vessel on a public waterway or public or private property, notify the Department of the status of the vessel.

      3.  A law enforcement agency that has custody of an abandoned vessel shall, if the agency knows or can reasonably discover the name and address of the owner of the vessel or any person who holds a security interest in the vessel, notify the owner or the holder of the security interest of the location of the vessel and the method by which the vessel may be claimed. The notice must be sent by certified or registered mail.

      4.  If the abandoned vessel is held by a law enforcement agency as evidence in the investigation or prosecution of a criminal offense, the notice required by subsection 3 must be sent:

      (a) Upon the decision of the law enforcement agency or district attorney not to pursue or prosecute the case;

      (b) Upon the conviction of the person who committed the offense; or

      (c) If the case is otherwise terminated.

      5.  Failure to reclaim the vessel within 180 days after the date the notice is mailed constitutes a waiver of interest in the vessel by any person having an interest in the vessel and the vessel shall be deemed abandoned for all purposes.

 


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ê2015 Statutes of Nevada, Page 39 (Chapter 9, AB 35)ê

 

      6.  If all recorded interests in a vessel are waived, as provided in subsection 5 or by written disclaimer, the Department may issue a certificate of ownership to the law enforcement agency that has custody of the vessel. If [necessary,] a certificate of ownership is to be issued to the law enforcement agency and the vessel is subject to the requirements for hull numbers prescribed by the United States Coast Guard but does not comply with those requirements, the Department [may] shall assign a state hull number to the vessel. This subsection does not preclude the subsequent return of a vessel, or any component part thereof, by a law enforcement agency to the registered owner of the vessel upon presentation by the registered owner of satisfactory proof of ownership.

      7.  A law enforcement agency to which a certificate of ownership is issued pursuant to subsection 6 may use, sell or destroy the vessel, and shall keep a record of the disposition of the vessel. If the law enforcement agency:

      (a) Sells the vessel, all proceeds from the sale of the vessel become the property of the law enforcement agency.

      (b) Destroys the vessel, the law enforcement agency shall, within 10 days, give notice of the destruction of the vessel to the Department.

      Sec. 7.  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2016, for all other purposes.

________

CHAPTER 10, SB 115

Senate Bill No. 115–Senator Hardy

 

CHAPTER 10

 

[Approved: March 19, 2015]

 

AN ACT relating to unincorporated towns; requiring the election of members of certain town advisory boards in a county whose population is 700,000 or more; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the board of county commissioners of a county whose population is 700,000 or more (currently Clark County), when enacting an ordinance to establish an unincorporated town, may choose to appoint the members of the town advisory board or allow the registered voters of the unincorporated town to elect the members of the town advisory board. (NRS 269.576) This bill requires the members of a town advisory board for an unincorporated town that is in a county whose population is 700,000 or more (currently Clark County) and that is located 25 miles or more from an incorporated city whose population is 500,000 or more (currently Las Vegas) to be elected by the registered voters of the unincorporated town unless there are fewer qualified electors who file for election than there are seats on the town advisory board. In that case, this bill requires the board of county commissioners to appoint the members to the seats left vacant after the election.

 


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ê2015 Statutes of Nevada, Page 40 (Chapter 10, SB 115)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 269.576 is hereby amended to read as follows:

      269.576  1.  Except as appointment may be deferred pursuant to NRS 269.563, the board of county commissioners of any county whose population is 700,000 or more shall, in each ordinance which establishes an unincorporated town pursuant to NRS 269.500 to 269.625, inclusive, provide for:

      (a) [Appointment] Except as otherwise provided in subsection 7, appointment by the board of county commissioners or the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If the ordinance provides for appointment by the board of county commissioners, in making such appointments, the board of county commissioners shall consider:

             (1) The results of any poll conducted by the town advisory board; and

             (2) Any application submitted to the board of county commissioners by persons who desire to be appointed to the town advisory board in response to an announcement made by the town advisory board.

      (b) A term of 2 years for members of the town advisory board.

      (c) Election of a chair from among the members of the town advisory board for a term of 2 years, and, if a vacancy occurs in the office of chair, for the election of a chair from among the members for the remainder of the unexpired term. The ordinance must also provide that a chair is not eligible to succeed himself or herself for a term of office as chair.

      2.  [The] Except as otherwise provided in subsection 7, the members of a town advisory board serve at the pleasure of the board of county commissioners.

      3.  If a [member is removed, or if the position of a member otherwise becomes vacant,] vacancy occurs on the town advisory board, the board of county commissioners shall appoint a new member to serve out the remainder of the unexpired term of the member . [who was removed.

      3.] 4.  The board of county commissioners shall provide notice of the expiration of the term of a member of and any vacancy on a town advisory board to the residents of the unincorporated town by mail, newsletter or newspaper at least 30 days before the expiration of the term or filling the vacancy.

      [4.] 5.  The duties of the town advisory board are to:

      (a) Assist the board of county commissioners in governing the unincorporated town by acting as liaison between the residents of the town and the board of county commissioners; and

      (b) Advise the board of county commissioners on matters of importance to the unincorporated town and its residents.

      [5.] 6.  The board of county commissioners may provide by ordinance for compensation for the members of the town advisory board.

      7.  If an unincorporated town is established in a county whose population is 700,000 or more and is located 25 miles or more from an incorporated city whose population is 500,000 or more:

 


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ê2015 Statutes of Nevada, Page 41 (Chapter 10, SB 115)ê

 

      (a) The board of county commissioners shall by ordinance provide for the election by the registered voters of the unincorporated town of three or five qualified electors who are residents of the unincorporated town to serve as the town advisory board. If there are fewer qualified electors who are residents of the unincorporated town who file for election to the town advisory board than there are seats on the town advisory board, the board of county commissioners shall appoint as many new members as are necessary to fill the seats left vacant after the election.

      (b) The members of the town advisory board of the unincorporated town do not serve at the pleasure of and may not be removed by the board of county commissioners.

      Sec. 2.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of this act apply to every town that was established before October 1, 2015, in a county whose population is 700,000 or more and is located 25 miles or more from an incorporated city whose population is 500,000 or more.

      2.  The amendatory provisions of this act do not affect the current term of appointment or election of any person who, on October 1, 2015, is a member of a town advisory board of a town in a county whose population is 700,000 or more and that is located 25 miles or more from an incorporated city whose population is 500,000 or more.

________

CHAPTER 11, SB 101

Senate Bill No. 101–Committee on Education

 

CHAPTER 11

 

[Approved: March 19, 2015]

 

AN ACT relating to school districts; authorizing the extension of certain statutory deadlines related to the reemployment status of certain employees of school districts during odd-numbered years; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the board of trustees of each school district to notify, on or before May 1 of each year, the postprobationary and probationary employees who are employed by the board of trustees of the reemployment status of those employees for the next school year. Existing law also requires those employees to notify the board of trustees, on or before May 10, of their acceptance of such reemployment. (NRS 391.31216, 391.3196, 391.3197) This bill authorizes the board of trustees to extend those deadlines in odd-numbered years to May 15 and May 25, respectively.

 

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 391.31216 is hereby amended to read as follows:

      391.31216  1.  The provisions of this section apply to probationary employees who are employed by a school district that conducts evaluations pursuant to NRS 391.31214 and 391.31215 for the 2013-2014 school year or

 


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ê2015 Statutes of Nevada, Page 42 (Chapter 11, SB 101)ê

 

the 2014-2015 school year, or both, for each school year that the school district conducts evaluations pursuant to those sections. 

      2.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

      3.  The board shall notify each probationary employee in writing [on or before May 1 of] during the first, second and third school years of the employee’s probationary period [, as appropriate,] whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      4.  Failure of the board to notify the probationary employee in writing on or before May 1 or May 15, as applicable, in the first or second year of the probationary period does not entitle the employee to postprobationary status.

      5.  The employee must advise the board in writing [on or before May 10 of] during the first, second or third year of the employee’s probationary period [, as appropriate,] of the employee’s acceptance of reemployment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 3.

      6.  If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, not later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee.

      7.  Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

      [4.]8.  A probationary employee who:

      (a) Completes a 3-year probationary period;

      (b) Receives a designation of “satisfactory” on each of his or her performance evaluations for 2 consecutive school years; and

      (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

      [5.]9.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year.

 


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ê2015 Statutes of Nevada, Page 43 (Chapter 11, SB 101)ê

 

his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

      [6.]10.  A new employee who is employed as an administrator or a postprobationary teacher who is employed as an administrator shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

      (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1 [,] or May 15, as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 [.] or May 25, as applicable. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      [7.]11.  An administrator who has completed his or her probationary period pursuant to subsection [6] 10 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection [6,] 10, the administrator must serve the remainder of his or her probationary period pursuant to subsection [6] 10 or an additional probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1 [,] or May 15, as applicable, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10 [.] or May 25, as applicable. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      [8.]12.  If a written evaluation of a probationary teacher or probationary administrator designates the overall performance of the teacher or administrator as “unsatisfactory”:

      (a) The written evaluation must include the following statement: “Please be advised that, pursuant to Nevada law, your contract may not be renewed for the next school year. If you receive an ‘unsatisfactory’ evaluation on the first or second evaluation, or both evaluations for this school year, and if you have another evaluation remaining this school year, you may request that the evaluation be conducted by another administrator. You may also request, to the administrator who conducted the evaluation, reasonable assistance in correcting the deficiencies reported in the evaluation for which you request assistance, and upon such request, a reasonable effort will be made to assist you in correcting those deficiencies.”

      (b) The probationary teacher or probationary administrator, as applicable, must acknowledge in writing that he or she has received and understands the statement described in paragraph (a).

 


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      [9.]13.  If a probationary teacher or probationary administrator requests that his or her next evaluation be conducted by another administrator in accordance with the notice required by subsection [8,] 12, the administrator conducting the evaluation must be:

      (a) Employed by the school district or, if the school district has five or fewer administrators, employed by another school district in this State; and

      (b) Selected by the probationary teacher or probationary administrator, as applicable, from a list of three candidates submitted by the superintendent.

      [10.]14.  If a probationary teacher or probationary administrator requests assistance in correcting deficiencies reported in his or her evaluation, the administrator who conducted the evaluation shall ensure that a reasonable effort is made to assist the probationary teacher or probationary administrator in correcting those deficiencies.

      [11.]15.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

      Sec. 2. NRS 391.3196 is hereby amended to read as follows:

      391.3196  1.  [On or before May 1 of each year, the] The board shall notify postprobationary employees [in their employ,] in writing, by certified mail or by delivery of the employee’s contract, concerning their reemployment for the ensuing year. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      2.  If the board, or the person designated by it, fails to notify a postprobationary employee who has been employed by a school district of the employee’s status for the ensuing year, the employee shall be deemed to be reemployed for the ensuing year under the same terms and conditions as he or she is employed for the current year.

      [2.]3.  This section does not apply to any licensed employee who has been recommended to be demoted, dismissed or not reemployed if proceedings have commenced and no final decision has been made by the board. A licensed employee may be demoted or dismissed for grounds set forth in NRS 391.31297 after the employee has been notified that he or she is to be reemployed for the ensuing year.

      [3.]4.  Any licensed employee who is reemployed pursuant to subsection 1 shall [, by May 10,] notify the board in writing of the employee’s acceptance of employment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 1.

      5.  Failure on the part of the employee to notify the board of his or her acceptance within the specified time is conclusive evidence of the employee’s rejection of the contract.

      [4.]6.  If the licensed employees are represented by a recognized employee organization and negotiation has been commenced pursuant to NRS 288.180, then the provisions of subsections 1 [, 2 and 3] to 5, inclusive, do not apply except in the case of a demotion, dismissal or decision not to reemploy an employee.

 


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reemploy an employee. Before May 10 or May 25, as applicable, of each year, the employees shall notify the board in writing, on forms provided by the board, of their acceptance of reemployment. Any agreement negotiated by the recognized employee organization and the board becomes a part of the contract of employment between the board and the employee. The board shall mail contracts, by certified mail with return receipts requested, to each employee to be reemployed at the last known address of the employee or shall deliver the contract in person to each employee, obtaining a receipt therefor. Failure on the part of the employee to notify the board of the employee’s acceptance within 10 days after receipt of the contract is conclusive evidence of the employee’s rejection of the contract.

      Sec. 3. NRS 391.3197 is hereby amended to read as follows:

      391.3197  1.  A probationary employee is employed on a contract basis for three 1-year periods and has no right to employment after any of the three probationary contract years.

      2.  The board shall notify each probationary employee in writing [on or before May 1 of] during the first, second and third school years of the employee’s probationary period [, as appropriate,] whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Such notice must be provided:

      (a) On or before May 1; or

      (b) On or before May 15 of an odd-numbered year so long as the board notifies the employee of the extension by April 1.

      3.  Failure of the board to notify the probationary employee in writing on or before May 1 or May 15, as applicable, in the first or second year of the probationary period does not entitle the employee to postprobationary status.

      4.  The employee must advise the board in writing [on or before May 10 of] during the first, second or third year of the employee’s probationary period [, as appropriate,] of the employee’s acceptance of reemployment. Such notice must be provided:

      (a) On or before May 10 if the board provided its notice on or before May 1; or

      (b) On or before May 25 if the board provided a notice of an extension pursuant to paragraph (b) of subsection 2.

      5.  If a probationary employee is assigned to a school that operates all year, the board shall notify the employee in writing, in the first, second and third years of the employee’s probationary period, no later than 45 days before his or her last day of work for the year under his or her contract whether the employee is to be reemployed for the second or third year of the probationary period or for the fourth school year as a postprobationary employee. Failure of the board to notify a probationary employee in writing within the prescribed period in the first or second year of the probationary period does not entitle the employee to postprobationary status. The employee must advise the board in writing within 10 days after the date of notification of his or her acceptance or rejection of reemployment for another year. Failure to advise the board of the employee’s acceptance of reemployment pursuant to this subsection constitutes rejection of the contract.

 


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      [3.]6.A probationary employee who:

      (a) Completes a 3-year probationary period;

      (b) Receives a designation of “highly effective” or “effective” on each of his or her performance evaluations for 2 consecutive school years; and

      (c) Receives a notice of reemployment from the school district in the third year of the employee’s probationary period,

Ê is entitled to be a postprobationary employee in the ensuing year of employment.

      [4.]7.  If a probationary employee is notified that the employee will not be reemployed for the school year following the 3-year probationary period, his or her employment ends on the last day of the current school year. The notice that the employee will not be reemployed must include a statement of the reasons for that decision.

      [5.]8.  A new employee who is employed as an administrator to provide primarily administrative services at the school level and who does not provide primarily direct instructional services to pupils, regardless of whether the administrator is licensed as a teacher or administrator, including, without limitation, a principal and vice principal, or a postprobationary teacher who is employed as an administrator to provide those administrative services shall be deemed to be a probationary employee for the purposes of this section and must serve a 3-year probationary period as an administrator in accordance with the provisions of this section. If:

      (a) A postprobationary teacher who is an administrator is not reemployed as an administrator after any year of his or her probationary period; and

      (b) There is a position as a teacher available for the ensuing school year in the school district in which the person is employed,

Ê the board of trustees of the school district shall, on or before May 1 [,] or May 15, as applicable, offer the person a contract as a teacher for the ensuing school year. The person may accept the contract in writing on or before May 10 [.] or May 25, as applicable. If the person fails to accept the contract as a teacher, the person shall be deemed to have rejected the offer of a contract as a teacher.

      [6.]9.  An administrator who has completed his or her probationary period pursuant to subsection [5] 8 and is thereafter promoted to the position of principal must serve an additional probationary period of 1 year in the position of principal. If an administrator is promoted to the position of principal before completion of his or her probationary period pursuant to subsection [5,] 8, the administrator must serve the remainder of his or her probationary period pursuant to subsection [5] 8 or an additional probationary period of 1 year in the position of principal, whichever is longer. If the administrator serving the additional probationary period is not reemployed as a principal after the expiration of the probationary period or additional probationary period, as applicable, the board of trustees of the school district in which the person is employed shall, on or before May 1 [,] or May 15, as applicable, offer the person a contract for the ensuing school year for the administrative position in which the person attained postprobationary status. The person may accept the contract in writing on or before May 10 [.] or May 25, as applicable. If the person fails to accept such a contract, the person shall be deemed to have rejected the offer of employment.

      [7.]10.  If a probationary employee receives notice that he or she will be dismissed before the completion of the current school year, the probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

 


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probationary employee may request an expedited hearing pursuant to the Expedited Labor Arbitration Procedures established by the American Arbitration Association or its successor organization.

      Sec. 4. NRS 391.350 is hereby amended to read as follows:

      391.350  1.  Any teacher or other licensed employee employed by any board for a specified time who willfully refuses or fails to fulfill his or her employment obligations after the employee has notified the board of his or her acceptance of employment under subsection [3] 4 of NRS 391.3196 or subsection [2] 4 of NRS 391.3197 or to comply with the provisions of his or her contract after it has been signed without first obtaining the written consent of the board may be found guilty of unprofessional conduct. The board shall not unreasonably withhold its consent.

      2.  Any administrator who willfully secures the signature on a statement of intent to accept employment of any teacher or other licensed employee who has notified the board of another school district in this State of his or her acceptance of employment is guilty of unprofessional conduct, unless the employee has first obtained the written consent of the board to which he or she has given notice of acceptance. If the failure or refusal to comply with the provisions of the contract is the result of having subsequently executed an employment contract with another board in this State without the written consent of the board first employing him or her, the second contract is void.

      [2.] 3.  Upon receiving a formal complaint from the board, substantiated by conclusive evidence of a teacher’s failure or refusal under subsection 1 or that an administrator has willfully secured such a signature, the State Board may suspend or revoke the license of the teacher or administrator after notice and opportunity for a hearing have been provided pursuant to NRS 391.322 and 391.323.

      [3.] 4.  The Superintendent of Public Instruction shall notify state agencies for education in other states of any revocation pursuant to this section.

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

________

CHAPTER 12, SB 21

Senate Bill No. 21–Committee on Revenue and Economic Development

 

CHAPTER 12

 

[Approved: March 19, 2015]

 

AN ACT relating to special fuels; revising provisions relating to the reimbursement by the Department of Motor Vehicles of certain amounts to a person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays certain taxes imposed on special fuels consumed outside this State; providing that such a person is authorized rather than required to file a request for reimbursement with the Department for the purpose of determining whether any amounts are owed by the Department to the person; removing provisions requiring the Department to determine whether any additional amounts are owed to the Department by such a person as a result of certain taxes imposed on special fuels; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Under existing law, the Boards of County Commissioners of Clark County and Washoe County have imposed certain county taxes on motor vehicle fuel and various special fuels used in motor vehicles. (NRS 373.066, 373.0663) Upon approval by a majority of the voters in any county, other than Clark County or Washoe County, at the general election in November 2016, existing law requires the board of county commissioners of the county similarly to impose these additional county taxes on motor vehicle fuel and various special fuels used in motor vehicles. (NRS 373.0667)

      The Department of Motor Vehicles is a party to the International Fuel Tax Agreement, a multistate agreement which facilitates the calculation and collection of certain fuel taxes from interstate trucking companies and others who use special fuel (primarily diesel fuel) in vehicles operated or intended to operate interstate. (NRS 366.175) Existing law requires certain special fuel users to file a return with the Department and requires the Department to adopt regulations establishing a system for auditing such returns to determine whether any amounts are owed by or to the special fuel user pursuant to the International Fuel Tax Agreement as a result of any additional taxes on special fuels imposed pursuant to NRS 373.066, 373.0663 or 373.0667. (NRS 373.083) This bill authorizes rather than requires a special fuel user to file with the Department a request for reimbursement of any amounts owed by the Department to the special fuel user. This bill also removes provisions requiring the Department to determine whether a special fuel user may owe additional amounts to the Department as a result of the additional taxes imposed pursuant to NRS 373.066, 373.0663 or 373.0667. Additionally, this bill clarifies that reimbursement of any amounts owed to a special fuel user are only for taxes imposed on special fuels which are consumed outside this State.

 

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 373.083 is hereby amended to read as follows:

      373.083  1.  A person who uses special fuel in a motor vehicle operated or intended to operate interstate and who pays any tax imposed on special fuels pursuant to NRS 373.066 or 373.0663 [shall] may file with the Department a [return for the purpose of the Department determining whether] request for reimbursement of any amounts [are] owed [by or] to the person [pursuant to] as a result of the Department entering into an agreement [entered into] pursuant to NRS 366.175 [as a result of] and the imposition , [of any tax on special fuels] pursuant to NRS 373.066 or 373.0663 [.] , of any tax on special fuels which are consumed outside this State.

      2.  The Department shall adopt regulations establishing a system to provide for the reimbursement and the auditing of the records of a person who files [such a return to determine whether the person is entitled to reimbursement of or owes any amounts pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or 373.0663.] a request for reimbursement pursuant to subsection 1. The system established by the Department:

      (a) Must authorize a person who uses special fuel in motor vehicles operated or intended to operate interstate to file a request for reimbursement [of any amounts owed to the person pursuant to an agreement entered into pursuant to NRS 366.175 as a result of the imposition of any tax on special fuels pursuant to NRS 373.066 or 373.0663;] as provided in subsection 1;

 


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      (b) Must provide that the Department will determine the eligibility for reimbursement of a person who files a request for reimbursement pursuant to subsection 1 before the Department will authorize the reimbursement;

      (c) Must provide that any reimbursement authorized by the Department be paid from only money received by a county pursuant to any tax imposed on special fuels pursuant to NRS 373.066 or 373.0663;

      [(c)](d) Must provide that the total amount of money which must be paid by any county in any fiscal year to reimburse any amounts owed to persons who use special fuel in motor vehicles operated or intended to operate interstate must not exceed 20 percent of the total amount of money collected by that county from any tax imposed on special fuels pursuant to NRS 373.066 or 373.0663; and

      [(d)](e) Must not apply to any tax imposed pursuant to NRS 373.066 during the term of any bonds outstanding on the effective date of this section secured by those taxes or of any bonds that refund such bonds provided that the term of the refunding bonds is not longer than the term of the refunded bonds.

      [2.]3.  The Department shall charge and collect a fee in an amount not to exceed $100 for each request for reimbursement filed by a person [pursuant to the system established by the Department] pursuant to subsection 1. All money from the fees collected by the Department pursuant to this subsection must be deposited in the Local Fuel Tax Indexing Fund created by NRS 373.087.

      [3.]4.  The Department and a commission which has been created in a county whose population is 700,000 or more and in which a tax is imposed pursuant to NRS 373.0663 may enter into an intergovernmental agreement or contract pursuant to which:

      (a) The commission agrees to pay for the costs incurred by the Department to establish the system pursuant to subsection [1] 2 and administer the system until the amount of money received by the Department from the fees collected by the Department pursuant to subsection [2] 3 is sufficient to pay the costs incurred by the Department to administer the system; and

      (b) The Department agrees to reimburse the commission for any money paid by the commission pursuant to paragraph (a) from a portion of the money received by the Department from the fees collected by the Department pursuant to subsection [2.] 3.

      [4.]5.  As used in this section, “special fuel” has the meaning ascribed to it in NRS 366.060.

      Sec. 2. NRS 373.087 is hereby amended to read as follows:

      373.087  1.  The Local Fuel Tax Indexing Fund is hereby created as an enterprise fund. The Department shall deposit in the Fund all fees collected by the Department pursuant to subsection [2] 3 of NRS 373.083. The Director of the Department shall administer the Fund.

      2.  Money in the Fund must be invested as the money in other state funds is invested. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund. Claims against the Fund must be paid as other claims against the State are paid.

      3.  Money deposited in the Fund must only be expended:

      (a) To administer the system established by the Department pursuant to NRS 373.083; and

 


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      (b) To reimburse a commission for any amounts paid by the commission pursuant to an intergovernmental agreement or contract entered into pursuant to subsection [3] 4 of NRS 373.083.

      4.  The Director may maintain a reserve of not more than $500,000 in the Fund. The reserve must be accounted for separately in the Fund and must only be expended to administer the system established by the Department pursuant to NRS 373.083.

      5.  Any balance remaining in the Fund at the end of any fiscal year:

      (a) Does not revert to the State General Fund; and

      (b) Must be carried forward to the next fiscal year.

      Sec. 3.  This act becomes effective on July 1, 2015.

________

CHAPTER 13, AB 76

Assembly Bill No. 76–Committee on Education

 

CHAPTER 13

 

[Approved: March 26, 2015]

 

AN ACT relating to education; requiring the Department of Education to share certain aggregate data concerning certain pupils with the Interagency Council on Veterans Affairs; revising provisions concerning the assessment of tuition charges against veterans of the Armed Forces of the United States who were honorably discharged within a certain period; requiring the Board of Regents of the University of Nevada to submit certain reports to the Legislature; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Education to establish and maintain an automated system of accountability information for Nevada. In part, existing law requires the system, to the extent money is available for this purpose, to include a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard. (NRS 386.650) Section 1 of this bill requires the Department to share with the Interagency Council on Veterans Affairs, on an annual basis, aggregate data collected under the system concerning those pupils.

      Section 2 of this bill requires the Board of Regents to submit an annual report to the Legislature, or to the Legislative Committee on Education when the Legislature is not in regular session, which includes: (1) the number of students who are veterans or who are receiving payments or benefits from the United States Department of Veterans Affairs; (2) information about how policy changes may have affected the number of students who are veterans enrolled in the Nevada System of Higher Education; (3) the number of students who are veterans who graduated during the immediately preceding academic year; and (4) the efforts undertaken by each institution within the System to retain and graduate students who are veterans.

      Under existing law, any provision of state legislation enacted on or after July 1, 2013, which adds or revises a requirement to submit a report to the Legislature must: (1) expire by limitation 5 years after the effective date of the addition or revision; or (2) contain a statement justifying the extension of the requirement for more than 5 years. (NRS 218D.380) Pursuant to that requirement, section 5 of this act expires section 2 by limitation on July 1, 2020.

 


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      Existing law encourages the Board of Regents to implement measures pursuant to which the educational needs of students and prospective students will be met. (NRS 396.504) Section 3 of this bill encourages the Board of Regents to implement measures pursuant to which the educational needs of students and prospective students who are veterans will be met by fostering a culture that recognizes the unique challenges of those students.

      Existing law authorizes the Board of Regents to assess charges against students who are not residents of Nevada at all campuses of the System. The charges are in addition to registration fees and other fees assessed against students who are residents of Nevada. Existing law also provides that a veteran of the Armed Forces of the United States who has been honorably discharged within the 2 years immediately preceding the date of the veteran’s matriculation is eligible for free tuition at a university, state college or community college within the System. (NRS 396.540) Section 4 of this bill extends that period from 2 years to 5 years. (NRS 396.540)

 

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 386.650 is hereby amended to read as follows:

      386.650  1.  The Department shall establish and maintain an automated system of accountability information for Nevada. The system must:

      (a) Have the capacity to provide and report information, including, without limitation, the results of the achievement of pupils:

             (1) In the manner required by 20 U.S.C. §§ 6301 et seq., and the regulations adopted pursuant thereto, and NRS 385.347 and 385.3572; and

             (2) In a separate reporting for each group of pupils identified in the statewide system of accountability for public schools;

      (b) Include a system of unique identification for each pupil:

             (1) To ensure that individual pupils may be tracked over time throughout this State;

             (2) That, to the extent practicable, may be used for purposes of identifying a pupil for both the public schools and the Nevada System of Higher Education, if that pupil enrolls in the System after graduation from high school; and

             (3) Which must, to the extent money is available for this purpose, include, without limitation, a unique identifier for each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard in a manner that will allow for the disaggregation of each category;

      (c) Have the capacity to provide longitudinal comparisons of the academic achievement, rate of attendance and rate of graduation of pupils over time throughout this State;

      (d) Have the capacity to perform a variety of longitudinal analyses of the results of individual pupils on assessments, including, without limitation, the results of pupils by classroom and by school;

      (e) Have the capacity to identify which teachers are assigned to individual pupils;

      (f) Have the capacity to provide other information concerning schools and school districts that is not linked to individual pupils, including, without limitation, the ratings of schools and, if available, school districts pursuant to the statewide system of accountability for public schools and an identification of which schools, if any, are persistently dangerous;

 


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      (g) Have the capacity to access financial accountability information for each public school, including, without limitation, each charter school, for each school district and for this State as a whole; and

      (h) Be designed to improve the ability of the Department, the sponsors of charter schools, the school districts and the public schools in this State, including, without limitation, charter schools, to account for the pupils who are enrolled in the public schools, including, without limitation, charter schools.

Ê The information maintained pursuant to paragraphs (c), (d) and (e) must be used for the purpose of improving the achievement of pupils and improving classroom instruction. Except as otherwise provided in subsection 9 of NRS 391.3125 and subsection 8 of NRS 391.3127, information on pupil achievement data, as prescribed by the State Board pursuant to NRS 391.465, must account for at least 50 percent, but must not be used as the sole criterion, in evaluating the performance of or taking disciplinary action against an individual teacher or other employee.

      2.  The board of trustees of each school district shall:

      (a) Adopt and maintain the program prescribed by the Superintendent of Public Instruction pursuant to subsection 3 for the collection, maintenance and transfer of data from the records of individual pupils to the automated system of information, including, without limitation, the development of plans for the educational technology which is necessary to adopt and maintain the program;

      (b) Provide to the Department electronic data concerning pupils as required by the Superintendent of Public Instruction pursuant to subsection 3; and

      (c) Ensure that an electronic record is maintained in accordance with subsection 3 of NRS 386.655.

      3.  The Superintendent of Public Instruction shall:

      (a) Prescribe a uniform program throughout this State for the collection, maintenance and transfer of data that each school district must adopt, which must include standardized software;

      (b) Prescribe the data to be collected and reported to the Department by each school district and each sponsor of a charter school pursuant to subsection 2 and by each university school for profoundly gifted pupils;

      (c) Prescribe the format for the data;

      (d) Prescribe the date by which each school district shall report the data to the Department;

      (e) Prescribe the date by which each charter school shall report the data to the sponsor of the charter school;

      (f) Prescribe the date by which each university school for profoundly gifted pupils shall report the data to the Department;

      (g) Prescribe standardized codes for all data elements used within the automated system and all exchanges of data within the automated system, including, without limitation, data concerning:

             (1) Individual pupils;

             (2) Individual teachers;

             (3) Individual schools and school districts; and

             (4) Programs and financial information;

      (h) Provide technical assistance to each school district to ensure that the data from each public school in the school district, including, without limitation, each charter school and university school for profoundly gifted pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

 


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pupils located within the school district, is compatible with the automated system of information and comparable to the data reported by other school districts; and

      (i) Provide for the analysis and reporting of the data in the automated system of information.

      4.  The Department shall establish, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, a mechanism by which persons or entities, including, without limitation, state officers who are members of the Executive or Legislative Branch, administrators of public schools and school districts, teachers and other educational personnel, and parents and guardians, will have different types of access to the accountability information contained within the automated system to the extent that such information is necessary for the performance of a duty or to the extent that such information may be made available to the general public without posing a threat to the confidentiality of an individual pupil.

      5.  On or before December 31 of each year, the Department shall share with the Interagency Council on Veterans Affairs aggregate data collected pursuant to subsection 1 concerning each pupil whose parent or guardian is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard.

      6.  The Department may, to the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Nevada System of Higher Education to provide access to data contained within the automated system for research purposes.

      Sec. 2. Chapter 396 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Board of Regents shall, not later than November 30 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature or to the Legislative Committee on Education when the Legislature is not in regular session, a report concerning the participation of students who are veterans in the System. The report must cover the immediately preceding academic year.

      2.  The report must include, without limitation:

      (a)The number of students who:

             (1) Identify themselves as veterans.

             (2) Are receiving payments or benefits from the United States Department of Veterans Affairs.

      (b) The number of students who are veterans divided by gender.

      (c) The rate of retention and average age of the students who are veterans.

      (d)The most common areas of study among the students who are veterans.

      (e) Any information necessary to determine the impact of policy changes on the number of students who are veterans who are enrolled in the System.

      (f) The number of students who are veterans who graduated during the immediately preceding academic year.

      (g) The efforts of each institution to retain and graduate students who are veterans through retention and other related programs.

 


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ê2015 Statutes of Nevada, Page 54 (Chapter 13, AB 76)ê

 

      Sec. 3. NRS 396.504 is hereby amended to read as follows:

      396.504  1.  The Legislature hereby encourages the Board of Regents to:

      (a) Examine and audit the function, strengths and most efficient use of the facilities, resources and staff of each institution to address the needs of the students of the System.

      (b) Review periodically their mission for higher education, as the number of institutions within the System expands and the focus of each institution is defined and further redefined, to determine whether there is unnecessary duplication of programs or courses within the System which might be more appropriate for a different institution.

      (c) Examine and audit the educational opportunities, programs and services offered by the institutions within the System to ensure that those opportunities, programs and services are tailored appropriately to:

             (1) The different categories of students and prospective students having varied aptitudes, aspirations and educational needs [;] , including, without limitation, students who are veterans;

             (2) The jobs and industries likely to be employing the students; and

             (3) The state economic development plan.

      (d) Insofar as is practicable to achieve the goals set forth in paragraphs (a), (b) and (c), implement measures pursuant to which the educational needs of students and prospective students will be met by : [providing:]

             (1) Providing:

                   (I) Programs of remedial education, continuing education and entry-level higher education at community colleges.

            [(2)] (II) Programs of baccalaureate-level higher education at state colleges.

             [(3)] (III) Programs of baccalaureate-level higher education in other disciplines and graduate-level higher education and research at universities and the Desert Research Institute.

             (2) Fostering a culture that recognizes the unique challenges of students who are veterans and works to accommodate the transition of those students to higher education by collecting, tracking and sharing data concerning those students.

      (e) On or before September 1 of each year, provide a report of its findings and any adjustments made and actions taken as a result of those findings to the Director of the Legislative Counsel Bureau for transmission to the Interim Finance Committee and the next regular session of the Nevada Legislature.

      2.  The System is encouraged to review the core curriculum at each institution to determine whether there is parity among the institutions of the System.

      Sec. 4. NRS 396.540 is hereby amended to read as follows:

      396.540  1.  For the purposes of this section:

      (a) “Bona fide resident” shall be construed in accordance with the provisions of NRS 10.155 and policies established by the Board of Regents, to the extent that those policies do not conflict with any statute. The qualification “bona fide” is intended to ensure that the residence is genuine and established for purposes other than the avoidance of tuition.

      (b) “Matriculation” has the meaning ascribed to it in regulations adopted by the Board of Regents.

 


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ê2015 Statutes of Nevada, Page 55 (Chapter 13, AB 76)ê

 

      (c) “Tuition charge” means a charge assessed against students who are not residents of Nevada and which is in addition to registration fees or other fees assessed against students who are residents of Nevada.

      2.  The Board of Regents may fix a tuition charge for students at all campuses of the System, but tuition charges must not be assessed against:

      (a) All students whose families have been bona fide residents of the State of Nevada for at least 12 months before the matriculation of the student at a university, state college or community college within the System;

      (b) All students whose families reside outside of the State of Nevada, providing such students have themselves been bona fide residents of the State of Nevada for at least 12 months before their matriculation at a university, state college or community college within the System;

      (c) All public school teachers who are employed full-time by school districts in the State of Nevada;

      (d) All full-time teachers in private elementary, secondary and postsecondary educational institutions in the State of Nevada whose curricula meet the requirements of chapter 394 of NRS;

      (e) Employees of the System who take classes other than during their regular working hours;

      (f) Members of the Armed Forces of the United States who are on active duty and stationed at a military installation in the State of Nevada; and

      (g) Except as otherwise provided in subsection 3, veterans of the Armed Forces of the United States who were honorably discharged within the [2] 5 years immediately preceding the date of matriculation of the veteran at a university, state college or community college within the System.

      3.  The Board of Regents may grant more favorable exemptions from tuition charges for veterans of the Armed Forces of the United States who were honorably discharged than the exemption provided pursuant to paragraph (g) of subsection 2, if required for the receipt of federal money.

      4.  The Board of Regents may grant exemptions from tuition charges each semester to other worthwhile and deserving students from other states and foreign countries, in a number not to exceed a number equal to 3 percent of the total matriculated enrollment of students for the last preceding fall semester.

      Sec. 5.  1.  This act becomes effective on July 1, 2015.

      2.  Section 2 of this act expires by limitation on July 1, 2020.

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ê2015 Statutes of Nevada, Page 56ê

 

 

CHAPTER 14, AB 29

Assembly Bill No. 29–Committee on Health and Human Services

 

CHAPTER 14

 

[Approved: March 26, 2015]

 

AN ACT relating to mental health; making certain restrictions relating to the use of restraints and interventions applicable to facilities operated or certified by the Aging and Disability Services Division of the Department of Health and Human Services; authorizing certain private entities to provide job and day training services; making various other changes to provisions relating to the administration of the Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits the use of aversive interventions by a facility providing services to persons with mental illness, persons with intellectual disabilities and persons with related conditions, authorizes the use of physical, mechanical and chemical restraint by such a facility under certain circumstances, and requires such a facility to make a report when such restraints are used. (NRS 433.545-433.551) Existing law also sets forth the procedures for the admission of such persons to mental health facilities and programs of community-based or outpatient services, as well as procedures for the hospitalization of such persons. (Chapter 433A of NRS) Section 2 of this bill makes provisions applicable to such a facility that is operated or certified by the Aging and Disability Services Division of the Department of Health and Human Services. Section 9 of this bill removes references to the rights of persons with intellectual disabilities and persons with related conditions which are now addressed in section 2.

      Existing law sets forth the requirements for a nonprofit organization, state or local government or agency to obtain a certificate from the Division to provide jobs and day training services. (NRS 435.130-435.310) Sections 4-7 of this bill require a for-profit partnership, firm, corporation or association to obtain a certificate from the Division to provide jobs and day training services to meet similar requirements.

      Sections 3, 8 and 10-13 of this bill specify that the Administrator of the Division is required to adopt regulations relating to the various administrative procedures of the Division.

 

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 433B.190 is hereby amended to read as follows:

      433B.190  1.  The Division shall adopt regulations to:

      (a) Provide for a more detailed definition of abuse of a consumer, consistent with the general definition given in NRS 433B.340;

      (b) Provide for a more detailed definition of neglect of a consumer, consistent with the general definition given in NRS 433B.340; and

      (c) Establish policies and procedures for reporting the abuse or neglect of a consumer.

      2.  The regulations adopted pursuant to this section must, to the extent possible and appropriate, be consistent with the regulations adopted by the Division of Public and Behavioral Health of the Department pursuant to NRS 433.331 and the Administrator of the Division of Aging and Disability Services of the Department pursuant to NRS 435.435.

 


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ê2015 Statutes of Nevada, Page 57 (Chapter 14, AB 29)ê

 

NRS 433.331 and the Administrator of the Division of Aging and Disability Services of the Department pursuant to NRS 435.435.

      Sec. 2. Chapter 435 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Nothing in this chapter purports to deprive any person of any legal rights without due process of law.

      2.  Unless the context clearly indicates otherwise, the provisions of NRS 433.545 to 433.551, inclusive, and chapter 433A of NRS apply to all persons subject to the provisions of this chapter.

      Sec. 3. NRS 435.220 is hereby amended to read as follows:

      435.220  1.  The [Division] Administrator shall adopt regulations governing jobs and day training services, including, without limitation, regulations that set forth:

      (a) Standards for the provision of quality care and training by providers of jobs and day training services;

      (b) The requirements for the issuance and renewal of a certificate; and

      (c) The rights of consumers of jobs and day training services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing the complaint.

      2.  The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of jobs and day training services.

      Sec. 4. NRS 435.225 is hereby amended to read as follows:

      435.225  1.  A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      2.  A natural person other than a person who is employed by an entity listed in subsection 1 shall not provide jobs and day training services in this State without first obtaining a certificate from the Division.

      Sec. 5. NRS 435.227 is hereby amended to read as follows:

      435.227  Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, [an] a partnership, firm, corporation or association, including, without limitation, a nonprofit organization , must:

      1.  Be on file and in good standing with the Secretary of State and organized pursuant to title 7 of NRS;

      2.  Submit to the Division an annual audit of [the] its financial statements [of the organization] that [is] has been conducted by an independent certified public accountant; and

      3.  [Submit] If it is a nonprofit organization, submit to the Division the most recent federal tax return of the nonprofit 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 nonprofit organization in which an economic benefit is provided by the nonprofit organization to a director, officer or board member of the nonprofit organization, or any other person who has substantial influence over the nonprofit organization, and in which the value of the economic benefit provided by the nonprofit organization exceeds the value of the consideration received by the nonprofit organization;

 


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ê2015 Statutes of Nevada, Page 58 (Chapter 14, AB 29)ê

 

      (b) Any loans to or from the nonprofit organization which are received by or from a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit 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 nonprofit organization;

      (c) Any grants or other assistance from the organization during the federal tax year of the nonprofit organization which benefit a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit organization or a family member of such director, officer, board member or person;

      (d) Business transactions during the federal tax year of the nonprofit organization between the nonprofit organization and a director, officer or board member of the nonprofit organization, a person who has substantial influence over the nonprofit 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. 6. NRS 435.235 is hereby amended to read as follows:

      435.235  The Division may:

      1.  Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof proposing to provide jobs and day training services;

      2.  Upon receipt of a complaint against a natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof providing jobs and day training services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of jobs and day training services; and

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310, inclusive.

      Sec. 7. NRS 435.241 is hereby amended to read as follows:

      435.241  1.  The Division may bring an action in the name of the State of Nevada to enjoin any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof from providing jobs and day training services:

      (a) Without first obtaining a certificate from the Division; or

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

      2.  It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, provide jobs and day training services without a certificate.

 


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ê2015 Statutes of Nevada, Page 59 (Chapter 14, AB 29)ê

 

      Sec. 8. NRS 435.333 is hereby amended to read as follows:

      435.333  1.  The [Division] Administrator shall adopt regulations governing supported living arrangement services, including, without limitation, regulations that set forth:

      (a) Standards for the provision of quality care by providers of supported living arrangement services;

      (b) The requirements for the issuance and renewal of a certificate to provide supported living arrangement services; and

      (c) The rights of consumers of supported living arrangement services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing such a complaint.

      2.  The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of supported living arrangement services.

      3.  For each regulation adopted pursuant to NRS 435.3305 to 435.339, inclusive, and submitted to the Legislative Counsel pursuant to NRS 233B.067 for review by the Legislative Commission, the Division shall set forth in the informational statement prepared pursuant to NRS 233B.066 that accompanies the regulation any supported living arrangement services that the regulation authorizes persons to provide pursuant to NRS 632.340 when the persons would otherwise be prohibited from providing such services pursuant to NRS 632.315.

      Sec. 9. NRS 435.350 is hereby amended to read as follows:

      435.350  1.  Each person with an intellectual disability and each person with a related condition admitted to a division facility is entitled to all rights enumerated in NRS [433.482, 433.484, 433.545 to 433.551, inclusive,] 435.565 and 435.570 [.] and section 2 of this act.

      2.  The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with an intellectual disability and persons with related conditions. The person designated shall file the regulations with the Administrator.

      3.  Consumers’ rights specified in NRS 433.482, 433.484, 435.565 and 435.570 may be denied only for cause. Any denial of such rights must be entered in the consumer’s treatment record, and notice of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.

      4.  Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission on Behavioral Health.

      5.  The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of NRS 435.610.

      Sec. 10. NRS 435.365 is hereby amended to read as follows:

      435.365  1.  To the extent that money is available for that purpose, whenever a person with an intellectual disability or a related condition is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:

 


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ê2015 Statutes of Nevada, Page 60 (Chapter 14, AB 29)ê

 

      (a) The person with an intellectual disability or a related condition has been diagnosed as having a profound or severe intellectual disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a related condition;

      (b) The person with an intellectual disability or a related condition is receiving adequate care; and

      (c) The person with an intellectual disability or a related condition and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.

Ê The amount of the assistance must be established by legislative appropriation for each fiscal year.

      2.  The [Division] Administrator shall adopt regulations:

      (a) Which establish a procedure of application for assistance;

      (b) For determining the eligibility of an applicant pursuant to subsection 1; and

      (c) For determining the amount of assistance to be provided to an eligible applicant.

      3.  The [Division] Administrator shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.

      4.  The decision of the [Division] Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.

      Sec. 11. NRS 435.425 is hereby amended to read as follows:

      435.425  1.  The Division shall carry out a vocational and educational program for the certification of intellectual disability technicians, including forensic technicians employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the Nevada System of Higher Education.

      2.  An intellectual disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize an intellectual disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.

      3.  The [Division] Administrator shall adopt regulations to carry out the provisions of this section.

      4.  As used in this section, “intellectual disability technician” means an employee of the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities and persons with related conditions, and who has direct responsibility for:

 

 

 

 


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ê2015 Statutes of Nevada, Page 61 (Chapter 14, AB 29)ê

 

      (a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or

      (b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.

      Sec. 12. NRS 435.430 is hereby amended to read as follows:

      435.430  1.  The [Division] Administrator shall adopt regulations:

      (a) For the care and treatment of persons with intellectual disabilities and persons with related conditions by all state agencies and facilities, and their referral to private facilities;

      (b) To ensure continuity in the care and treatment provided to persons with intellectual disabilities and persons with related conditions in this State; and

      (c) Necessary for the proper and efficient operation of the facilities of the Division.

      2.  The [Division] Administrator may adopt regulations to promote programs relating to intellectual disabilities and related conditions.

      Sec. 13. NRS 435.435 is hereby amended to read as follows:

      435.435  The [Division] Administrator shall adopt regulations to:

      1.  Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in NRS 435.645;

      2.  Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 435.645; and

      3.  Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.

      Sec. 14. NRS 435.540 is hereby amended to read as follows:

      435.540  “Facility” means any:

      1.  Unit or subunit operated by the Division for the care, treatment and training of consumers.

      2.  Hospital, clinic or other institution operated by any public or private entity, for the care, treatment and training of consumers.

      3.  A partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof that enters into a contract with the Division for the care, treatment and training of consumers. As used in this subsection, “nonprofit organization” has the meaning ascribed to it in NRS 435.179.

      Sec. 15.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 62ê

 

CHAPTER 15, AB 155

Assembly Bill No. 155–Assemblymen Thompson; Araujo, Hickey, Joiner, Silberkraus, Spiegel, Sprinkle and Wheeler

 

Joint Sponsors: Senators Kihuen, Atkinson, Ford; and Manendo

 

CHAPTER 15

 

[Approved: March 30, 2015]

 

AN ACT relating to special license plates; revising the provisions allowing issuance of a special license plate to certain applicants who are current or retired professional firefighters to include certain retired professional firefighters from other jurisdictions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, issuance of the special license plates that recognize current or former employment as a professional full-time salaried firefighter is limited to those firefighters who are: (1) employed as professional full-time salaried firefighters in this State; or (2) retired from employment as professional full-time salaried firefighters after completing at least 10 years of creditable service as firefighters within this State. (NRS 482.3753) This bill allows the issuance of such special license plates to any person who provides proof of retirement from employment as a professional full-time salaried firefighter after completing at least 10 years of creditable service as a firefighter in any other jurisdiction in the United States, including, without limitation, any city, county, state, territory, Indian tribe or branch of the Armed Forces of the United States.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.3753 is hereby amended to read as follows:

      482.3753  1.  Except as otherwise provided in this section, the Department, in cooperation with professional full-time salaried firefighters in the State of Nevada, shall design, prepare and issue license plates that recognize current or former employment as a professional full-time salaried firefighter using any colors and designs which the Department deems appropriate. The Department shall not design, prepare or issue the license plates unless it receives at least 250 applications for the issuance of those plates.

      2.  The Department shall issue license plates that recognize current or former employment as a professional full-time salaried firefighter for a passenger car or a light commercial vehicle upon application by a qualified person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that recognize current or former employment as a professional full-time salaried firefighter if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried firefighter.

 


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ê2015 Statutes of Nevada, Page 63 (Chapter 15, AB 155)ê

 

prestige license plates in addition to the fees for the license plates that recognize current or former employment as a professional full-time salaried firefighter.

      3.  An application for the issuance or renewal of license plates that recognize current or former employment as a professional full-time salaried firefighter is void unless it is accompanied by documentation which, in the determination of the Department, provides reasonable proof of the identity of the applicant and proof of the applicant’s:

      (a) Current employment as a professional full-time salaried firefighter; or

      (b) Status as a former professional full-time salaried firefighter who retired from employment after completing at least 10 years of creditable service as a firefighter within this State or any other jurisdiction with:

             (1) A fire department; or

             (2) A federal or state agency, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      4.  Proof of an applicant’s current or former employment as a professional full-time salaried firefighter must consist of:

      (a) An identification card issued by the Professional Fire Fighters of Nevada or its successor;

      (b) An identification card issued by the Nevada Fire Chiefs Association or its successor; [or]

      (c) An identification card issued by a professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or

      (d) A letter certifying the applicant’s current or former employment as a professional full-time salaried firefighter, which letter must be from:

             (1) The Professional Fire Fighters of Nevada or its successor;

             (2) The Nevada Fire Chiefs Association or its successor; [or]

             (3) A professional firefighters or chiefs organization or association from any other jurisdiction that is acceptable to the Department; or

             (4) The chief officer of a federal or state agency [,] or any other jurisdiction, the duties of which involve the prevention and suppression of fires, including, without limitation, the Bureau of Land Management and the Division of Forestry of the State Department of Conservation and Natural Resources.

      5.  The fee payable to the Department for license plates that recognize current or former employment as a professional full-time salaried firefighter is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment to the Department of $10 in addition to all other applicable registration and license fees and governmental services taxes.

      6.  In addition to all other applicable registration and license fees and governmental services taxes and the fees prescribed in subsection 5, a person who requests a set of license plates that recognize current or former employment as a professional full-time salaried firefighter must pay for the initial issuance of the plates an additional fee of $25 and for each renewal of the plates an additional fee of $20 to support the Professional Fire Fighters of Nevada Benevolent Association.

 


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ê2015 Statutes of Nevada, Page 64 (Chapter 15, AB 155)ê

 

      7.  The Department shall deposit the fees collected pursuant to subsection 6 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute the fees deposited pursuant to this subsection to the Professional Fire Fighters of Nevada Benevolent Association.

      8.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the transfer and registration fees are paid as set out in this chapter; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      9.  As used in this section [, “professional] :

      (a) “Any other jurisdiction” means any governmental or quasi-governmental entity within the United States which employs professional full-time salaried firefighters and includes, without limitation, any city, county, state, territory, Indian tribe or branch of the Armed Forces of the United States.

      (b) “Professional full-time salaried firefighter” means a person employed in this State or any other jurisdiction in a full-time salaried occupation of fire fighting for the benefit or safety of the public.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 16, SB 22

Senate Bill No. 22–Committee on Revenue and Economic Development

 

CHAPTER 16

 

[Approved: March 30, 2015]

 

AN ACT relating to intoxicating liquor; revising provisions governing the review and approval of certain licenses related to intoxicating liquor; providing for the governing body of a city to conduct certain investigations and hearings and recommend revocation or suspension of such licenses; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that certain persons and businesses, including importers of liquor, wholesale dealers of beer or wines and liquors, winemakers, instructional wine-making facilities, breweries, brew pubs and craft distilleries must obtain a state license or permit to engage in certain activities involving intoxicating liquor. (NRS 369.180) Existing law further requires that an application for a license for these persons or businesses must be made to the board of county commissioners of the county in which the applicant maintains his or her principal place of business and that the board of county commissioners shall approve or disapprove the application. (NRS 369.190, 369.200) Sections 1 and 2 of this bill provide that an applicant whose principal place of business is located within an incorporated city must submit an application for a license to the governing body of the city instead of the board of county commissioners, and the governing body of the city shall approve or disapprove the application.

 


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disapprove the application. Section 10 of this bill provides that a licensee whose principal place of business is located within an incorporated city must pay the annual license fee to the city instead of the county.

      Existing law authorizes the board of county commissioners to investigate complaints against a licensee, conduct hearings and recommend, under certain circumstances, the revocation or suspension of licenses. (NRS 369.230-369.290) Sections 3-6 of this bill provide for the governing body of a city instead of the board of county commissioners to investigate the actions of a licensee, issue a citation for a licensee to answer a complaint, conduct a hearing and recommend the suspension or revocation of a license for a licensee whose principal place of business is located within an incorporated city. Sections 7-9 and 11 of this bill make various conforming changes relating to the authority of a governing body of a city.

 

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 369.190 is hereby amended to read as follows:

      369.190  1.  An application for any of the licenses described in NRS 369.180 must be made to [the] :

      (a) The board of county commissioners of the county in which the applicant maintains his or her principal place of business [.] if the applicant does not maintain his or her principal place of business within the boundaries of an incorporated city; or

      (b) The governing body of the city in which the applicant maintains his or her principal place of business if the applicant maintains his or her principal place of business within the boundaries of an incorporated city.

      2.  Each application must:

      (a) Be made on such form as the Department prescribes.

      (b) Include the name and address of the applicant. If the applicant is:

             (1) A partnership, the application must include the names and addresses of all partners.

             (2) A corporation, association or other organization, the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.

             (3) A person carrying on or transacting business in this state under an assumed or fictitious name, the person making the application must attach to the application:

                   (I) A certified copy of the certificate required by NRS 602.010 or any renewal certificate required by NRS 602.035.

                   (II) A certificate signed by an officer of the corporation or by each person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before a person authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.

      (c) Specify the location, by street and number, of the premises for which the license is sought.

      (d) Be accompanied by the annual license fee required for the particular license for which application is made.

      3.  The board of county commissioners or the governing body of a city, as applicable, shall examine all applications filed with it, and shall require satisfactory evidence that the applicant is a person of good moral character.

 


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      Sec. 2. NRS 369.200 is hereby amended to read as follows:

      369.200  1.  The board of county commissioners or the governing body of a city, as applicable, shall approve or disapprove applications. If an application is disapproved by the board of county commissioners [,] or the governing body of a city, the board or the governing body, as applicable, forthwith shall return the license fee accompanying the application to the applicant. If the board of county commissioners or the governing body of a city approves an application, the board or the governing body, as applicable, shall forward it to the Department, together with the board’s or the governing body’s written approval thereof and the license fee accompanying the application.

      2.  Upon receipt thereof the Department shall review the application and approval, and, if no further objections are presented or known, shall issue the appropriate license to the applicant.

      3.  In its discretion, the Department may grant an applicant whose application has been disapproved a new hearing before the Department if it shall be made to appear to the Department that the decision of the board of county commissioners or the governing body of a city, as applicable, was arbitrary, unreasonable or unjust.

      Sec. 3. NRS 369.230 is hereby amended to read as follows:

      369.230  The board of county commissioners or the governing body of a city, as applicable, may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the action of any licensee under this chapter, and shall have power to recommend the temporary suspension or permanent revocation of a license for any one of the following acts or omissions:

      1.  Misrepresentation of a material fact by the applicant in obtaining a license under this chapter;

      2.  If the licensee violates or causes or permits to be violated any of the provisions of this chapter;

      3.  If the licensee commits any act which would be sufficient ground for the denial of an application for a license under this chapter;

      4.  If the licensee sells liquor to a wholesaler or retailer who is not a holder of a proper license or permit at such time; or

      5.  If the licensee fails to pay the excise tax or any penalty in connection therewith, in whole or in part, imposed by law, or violates any regulation of the Department respecting the same.

      Sec. 4. NRS 369.240 is hereby amended to read as follows:

      369.240  1.  Upon the filing with the board of county commissioners of the county in which a licensee maintains his or her principal place of business or with the governing body of the city in which the licensee maintains his or her principal place of business if the licensee maintains his or her principal place of business within an incorporated city of a verified complaint charging the licensee with the commission, within 1 year prior to the date of filing the complaint, of any act which is cause for suspension or revocation of a license, the board of county commissioners or the governing body, as applicable, forthwith shall issue a citation directing the licensee, within 10 days after service thereof upon him or her, to appear by filing with the board of county commissioners or the governing body, as applicable, a verified answer to the complaint showing cause, if any he or she has, why his or her license should not be suspended or revoked. Service of the citation with a copy of the complaint shall be made upon the licensee as provided by the Nevada Rules of Civil Procedure for the service of process in civil actions.

 


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of the citation with a copy of the complaint shall be made upon the licensee as provided by the Nevada Rules of Civil Procedure for the service of process in civil actions.

      2.  Failure of the licensee to answer within the time specified shall be deemed an admission by the licensee of the commission of the act or acts charged in the complaint. Thereupon, the board of county commissioners or the governing body of a city, as applicable, shall give written notice of the failure of the licensee to answer to the Department. The Department forthwith shall suspend or revoke the license, as the case may be, and shall give notice of such suspension or revocation by mailing a true copy thereof, by United States registered or certified mail in a sealed envelope with postage thereon fully prepaid, addressed to the licensee at his or her latest address of record in the office of the Department.

      Sec. 5. NRS 369.250 is hereby amended to read as follows:

      369.250  Upon the filing of the answer, the board of county commissioners or the governing body of a city, as applicable, shall fix a time and place for a hearing and give the licensee and the complainant not less than 5 days’ notice thereof. The notice may be served by depositing in the United States mail a true copy of the notice enclosed in a sealed envelope with postage thereon fully prepaid, addressed to the licensee and to the complainant, respectively, at their last known addresses. With the notice to the complainant there shall be attached or enclosed a copy of the answer. If either party has appeared by counsel the notice shall be given, in like manner, to counsel instead of to the party.

      Sec. 6. NRS 369.260 is hereby amended to read as follows:

      369.260  1.  Upon the hearing, the board of county commissioners or the governing body of a city, as applicable, shall hear all relevant and competent evidence offered by the complainant and by the licensee.

      2.  After the hearing is concluded and the matter submitted, the board of county commissioners or the governing body of a city, as applicable, shall, within 10 days after such submission, render its decision in writing recommending the suspension or revocation of the license, or dismissing the complaint, with a statement of the board’s or the governing body’s reasons therefor.

      3.  The board of county commissioners or the governing body of a city, as applicable, shall give to the complainant and to the licensee, or their respective attorneys, notice of such recommendation, by mail, in the same manner as prescribed in this chapter for the giving of notice of hearing.

      4.  A copy of the decision of the board of county commissioners or the governing body of a city recommending the suspension or revocation of a license shall be transmitted forthwith by the board , or the governing body, as applicable, to the Department. Thereupon, the Department shall cause the license to be suspended or revoked and shall give notice thereof in the same manner as provided in NRS 369.240.

      Sec. 7. NRS 369.270 is hereby amended to read as follows:

      369.270  1.  Notwithstanding any other provision of this chapter, before suspending or revoking any license, the Department, in its discretion, may:

      (a) If the licensee has not appeared pursuant to the provisions of NRS 369.240, permit the licensee to appear before the board of county commissioners or the governing body of a city, as applicable, and make a showing on his or her behalf if it is made to appear to the Department that the licensee’s neglect to appear before the board of county commissioners or the governing body was excusable.

 


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showing on his or her behalf if it is made to appear to the Department that the licensee’s neglect to appear before the board of county commissioners or the governing body was excusable.

      (b) If a hearing was had, grant the licensee a new hearing before the Department if it shall be made to appear to the Department that the decision of the board of county commissioners or the governing body of a city, as applicable, was arbitrary, unreasonable or unjust.

      2.  After any new hearing before the Department, the Department shall enter a final order revoking or refusing to revoke the license affected.

      Sec. 8. NRS 369.280 is hereby amended to read as follows:

      369.280  1.  Notwithstanding any other provision of this chapter, the board of county commissioners or the governing body of a city, as applicable, shall have the right to suspend or revoke summarily any license in cases appearing to it to be of an aggravated and flagrant violation of law.

      2.  On request, in all such cases, the Department shall conduct a hearing covering the proceedings and evidence, if any, before the board of county commissioners [,] or the governing body of a city, as applicable, and any additional evidence offered by the board of county commissioners , the governing body or the licensee.

      3.  The hearing before the Department shall be had on reasonable notice of time, place and subject matter to the licensee and the board of county commissioners [,] or the governing body of a city, as applicable, and the Department shall decide the matter without delay by either confirming, modifying or setting aside the action of the board of county commissioners [.] or the governing body, as applicable.

      4.  If the Department finds that a licensee is violating any of the provisions of this chapter, the Department may issue a summary suspension of the violator’s license. The Department shall notify the board of county commissioners or the governing body of a city, as applicable, of such suspension. Within 10 days after such notice the Department shall conduct a public hearing in the matter in the appropriate county [.] or city, as applicable. The board of county commissioners or the governing body of a city, as applicable, may appear before the Department at the hearing.

      Sec. 9. NRS 369.290 is hereby amended to read as follows:

      369.290  Upon a subsequent written recommendation of the board of county commissioners or the governing body of a city, as applicable, setting forth that the licensee has shown proper cause in the opinion of the board of county commissioners [,] or the governing body, as applicable, the Department may renew any license cancelled as provided in this chapter.

      Sec. 10. NRS 369.310 is hereby amended to read as follows:

      369.310  1.  All license fees are due and payable on July 1 of each year. The license fees must be paid to:

      (a) If the licensee does not maintain his or her principal place of business within the boundaries of an incorporated city, the county in which the licensee maintains his or her principal place of business; or

      (b) If the licensee maintains his or her principal place of business within the boundaries of an incorporated city, the city in which the licensee maintains his or her principal place of business.

 

 

 


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      2.  If the licensee does not [paid by] pay the license fees before July 15 of each year , the license may be cancelled by the Department. Between July 15 and July 31 of each year, the fee may be paid with a penalty of 5 percent added to such fee. If the fee and penalty are not paid by July 31 of each year, the license shall be cancelled automatically.

      [2.]3.  If any license is issued at any time during the year other than by July 15, the fee shall be for that proportionate part of the year that the license will be in effect, which in any event shall be for not less than one quarter of a year.

      [3.]4.  No license shall be dated other than on the 1st day of the month in which it is granted.

      Sec. 11. NRS 369.510 is hereby amended to read as follows:

      369.510  1.  In any investigation, proceeding or hearing which, under the provisions of this chapter, the board of county commissioners or the governing body of a city is empowered to institute, conduct or hold, the board of county commissioners or the governing body shall have the power to administer oaths, certify to official acts, and issue subpoenas for the attendance of witnesses and the production of books, papers and records.

      2.  In like proceedings before it, the Department shall have the same powers as those enumerated in subsection 1.

________

CHAPTER 17, AB 265

Assembly Bill No. 265–Committee on Ways and Means

 

CHAPTER 17

 

[Approved: April 2, 2015]

 

AN ACT making a supplemental appropriation to the Nevada Supreme Court for unexpected expenses related to the Commission on Judicial Selection; 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 Nevada Supreme Court the sum of $5,000 for unexpected expenses related to the Commission on Judicial Selection. This appropriation is supplemental to that made by section 11 of chapter 446, Statutes of Nevada 2013, at page 2594.

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

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CHAPTER 18, SB 20

Senate Bill No. 20–Committee on Natural Resources

 

CHAPTER 18

 

[Approved: April 7, 2015]

 

AN ACT relating to the Commission for Cultural Affairs; changing the name of the Commission to the Commission for Cultural Centers and Historic Preservation; moving the Commission from the Department of Tourism and Cultural Affairs to the State Department of Conservation and Natural Resources; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Commission for Cultural Affairs as an advisory board of the Department of Tourism and Cultural Affairs. (NRS 233C.200-233C.230) Sections 2-8 of this bill: (1) reestablish the Commission as an advisory board of the State Department of Conservation and Natural Resources; and (2) change the name of the Commission from the Commission for Cultural Affairs to the Commission for Cultural Centers and Historic Preservation. Sections 9-15 and 20 of this bill remove the Commission from the purview of the Department of Tourism and Cultural Affairs and repeal the sections of existing law which establish the Commission within that Department. Sections 16-19 of this bill include various transitory provisions clarifying that the Commission for Cultural Centers and Historic Preservation is the successor entity to the Commission for Cultural Affairs.

 

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 383 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. 1.  The Commission for Cultural Centers and Historic Preservation is hereby created. The Commission is advisory to the Department and consists of:

      (a) The Chair of the Board of Trustees of Nevada Humanities or a member of the Board of Trustees of Nevada Humanities designated by the Chair;

      (b) The Chair of the Board of the Nevada Arts Council of the Department of Tourism and Cultural Affairs or a member of the Board of the Nevada Arts Council designated by the Chair;

      (c) The Chair of the Advisory Board or a member of the Advisory Board designated by the Chair;

      (d) A member of the Advisory Board appointed by the Governor;

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada appointed by the Governor; and

      (f) The Chair of the State Council on Libraries and Literacy or a member of the State Council on Libraries and Literacy designated by the Chair.

      2.  The Commission shall:

 


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      (a) Elect from its membership a Chair who shall serve for a term of 2 years. A vacancy occurring in this position must be filled by election of the members of the Commission for the remainder of the unexpired term.

      (b) Prescribe rules for its own management and government.

      (c) Meet biannually, or at more frequent times if it deems necessary, and may, within the limitations of its budget, hold special meetings at the call of the Chair.

      3.  Three members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider particular business before it and to exercise the power conferred on the Commission.

      4.  The members of the Commission are not entitled to be paid a salary, but are entitled, while engaged in the business of the Commission, to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      5.  The Commission may use the money derived from interest earned on the money in the Fund for the Preservation and Promotion of Cultural Resources created by section 6 of this act to pay for:

      (a) Any administrative services required by the Commission; and

      (b) The per diem allowances and travel expenses of members of the Commission authorized pursuant to subsection 4.

      Sec. 3. 1.  The Commission shall maintain, and revise at least once every 2 years, a 10-year plan to:

      (a) Preserve and promote Nevada’s cultural resources; and

      (b) Develop a network of cultural centers and activities in this State.

      2.  The plan must include:

      (a) A description of the means by which a statewide network of cultural centers and activities is to be developed;

      (b) A program for awarding financial assistance to pay the actual expenses of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities; and

      (c) A detailed list of the initial projects to be undertaken.

      3.  The plan must be submitted to:

      (a) The Governor;

      (b) The Legislative Commission; and

      (c) The State Board of Examiners.

      Sec. 4. The Commission may, in establishing the program for awarding financial assistance described in paragraph (b) of subsection 2 of section 3 of this act:

      1.  Award financial assistance to governmental entities and nonprofit corporations formed for educational or charitable purposes, including, without limitation, the preservation or promotion of cultural resources.

      2.  Establish the conditions an applicant must satisfy to receive an award of financial assistance. Financial assistance may only be awarded for the actual expense of preserving or protecting historical buildings to be used to develop a network of cultural centers and activities.

      3.  Specify the criteria by which proposed projects will be judged. The criteria must include, but is not limited to, a consideration of the degree to which a proposed project:

      (a) May become a recurring event without the necessity of future state financial support;

      (b) Will be accessible to the community;

 


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      (c) Will promote tourism in the State;

      (d) Will promote or preserve some historic or prehistoric feature of Nevada;

      (e) Will have multiple uses for many types of cultural organizations;

      (f) Will supplement training in the classroom in the arts and humanities; and

      (g) Incorporates the various disciplines directly associated with cultural resources.

      4.  Give priority to projects of statewide historical, prehistorical or cultural significance which demonstrate an ability to raise and sustain required amounts of financial support from sources other than the State of Nevada, including donations of goods and services. The ability of a project to raise and sustain support must be weighed against the relative means and abilities of the applicants.

      Sec. 5. 1.  The Commission shall determine annually the total amount of financial assistance it will grant from the proceeds of bonds issued pursuant to this section in that calendar year pursuant to sections 2 to 6, inclusive, of this act. The Commission shall notify the State Board of Examiners and the State Board of Finance of that amount.

      2.  After receiving the notice given pursuant to subsection 1, the State Board of Finance shall issue general obligation bonds of the State of Nevada in the amount necessary to generate the amount to be granted the Commission from the proceeds of the bonds issued pursuant to this section and to pay the expenses related to the issuance of the bonds. The expenses related to the issuance of bonds pursuant to this section must be paid from the proceeds of the bonds, and must not exceed 2 percent of the face amount of the bonds sold. In no case may the total face amount of the bonds issued pursuant to this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Nevada Constitution, until the issuance of the bonds.

      3.  The proceeds from the sale of the bonds authorized by this section, after deducting the expenses relating to the issuance of the bonds, must be deposited with the State Treasurer and credited to the Fund for the Preservation and Promotion of Cultural Resources created by section 6 of this act.

      4.  The provisions of the State Securities Law, contained in chapter 349 of NRS, apply to the issuance of bonds pursuant to this section.

      Sec. 6. 1.  There is hereby created in the State Treasury the Fund for the Preservation and Promotion of Cultural Resources. The Commission is responsible for the administration of the Fund. All money received and held by the State Treasurer for that purpose must be deposited in the Fund. The Commission shall account separately for money received from the proceeds of bonds issued pursuant to section 5 of this act.

      2.  Except as otherwise provided in subsection 5 of section 2 of this act, the Commission may expend money in the Fund only for projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to sections 2 to 6, inclusive, of this act. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to section 5 of this act, the Commission may grant as financial assistance not more than $750,000 each calendar year of the interest earned on the deposit or investment of the money in the Fund.

 


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      3.  The money in the Fund must be invested as the money in other state funds is invested. All interest on the deposit or investment of the money in the Fund must be credited to the Fund.

      4.  Claims against the Fund must be paid as other claims against the State are paid.

      Sec. 7. NRS 383.011 is hereby amended to read as follows:

      383.011  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Office.

      2.  “Advisory Board” means the Board of Museums and History.

      3.  “Commission” means the Commission for Cultural Centers and Historic Preservation created by section 2 of this act.

      4.  “Cultural resources” means any objects, sites or information of historic, prehistoric, archeological, architectural or paleontological significance.

      [4.] 5.  “Department” means the State Department of Conservation and Natural Resources.

      6.  “Director” means the Director of the [State] Department . [of Conservation and Natural Resources.

      5.] 7.  “Office” means the Office of Historic Preservation of the [State] Department . [of Conservation and Natural Resources.]

      Sec. 8. NRS 383.021 is hereby amended to read as follows:

      383.021  1.  The Office of Historic Preservation is hereby created.

      2.  The Office shall:

      (a) Encourage, plan and coordinate historic preservation and archeological activities within the State, including programs to survey, record, study and preserve or salvage cultural resources.

      (b) Compile and maintain an inventory of cultural resources in Nevada deemed significant by the Administrator.

      (c) Designate repositories for the materials that comprise the inventory.

      (d) Provide staff assistance to the Commission . [for Cultural Affairs of the Department of Tourism and Cultural Affairs.]

      3.  The Comstock Historic District Commission is within the Office.

      Sec. 9. NRS 231.167 is hereby amended to read as follows:

      231.167  The Department of Tourism and Cultural Affairs is hereby created, consisting of:

      1.  The Division of Tourism;

      2.  The Division of Museums and History, created by NRS 381.004;

      3.  The Board of Museums and History, created by NRS 381.002;

      4.  The Nevada Arts Council, created by NRS 233C.025;

      5.  The Nevada Indian Commission, created by NRS 233A.020;

      6.  The Board of the Nevada Arts Council, created by NRS 233C.030; and

      7.  The Commission on Tourism . [; and

      8.  The Commission for Cultural Affairs, created by NRS 233C.200.]

      Sec. 10. NRS 231.170 is hereby amended to read as follows:

      231.170  1.  The Commission on Tourism is composed of:

      (a) Eleven voting members as follows:

             (1) The Lieutenant Governor, who is its Chair;

             (2) Eight members, appointed by the Governor, who are informed on and have experience in travel and tourism, including the business of gaming; and

 


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             (3) The chief administrative officers of the county fair and recreation boards or, if there is no county fair and recreation board in the county, the chair of the board of county commissioners, of the two counties that paid the largest amount of the proceeds from the taxes imposed on the revenue from the rental of transient lodging to the Department of Taxation for deposit with the State Treasurer for credit to the Fund for the Promotion of Tourism created by NRS 231.250 for the previous fiscal year.

      (b) The following ex officio, nonvoting members:

             (1) [The Chair of the Commission for Cultural Affairs;

             (2)] The Chair of the Board of Museums and History;

             [(3)] (2) The Chair of the Nevada Indian Commission; and

             [(4)] (3) The Chair of the Board of the Nevada Arts Council.

[Ê A person may serve as an ex officio, nonvoting member pursuant to subparagraph (1) and subparagraph (2) or (4) concurrently.]

      2.  A change in any member of the Commission who serves pursuant to subparagraph (3) of paragraph (a) of subsection 1 that is required because of a change in the amount of the proceeds paid to the Department of Taxation by each county must be effective on January 1 of the calendar year immediately following the fiscal year in which the proceeds were paid to the Department of Taxation.

      3.  Of the members appointed by the Governor pursuant to subparagraph (2) of paragraph (a) of subsection 1:

      (a) At least one member must be a resident of a county whose population is 700,000 or more.

      (b) At least one member must be a resident of a county whose population is 100,000 or more but less than 700,000.

      (c) At least two members must be residents of counties whose population is less than 100,000.

      (d) Four members must be residents of any county in this State.

      Sec. 11. NRS 231.210 is hereby amended to read as follows:

      231.210  The Director:

      1.  Must be appointed by the Governor from a list of three persons submitted to the Governor by the Lieutenant Governor from recommendations made to the Lieutenant Governor by the:

      (a) Voting members of the Commission on Tourism;

      (b) [Chair of the Commission for Cultural Affairs;

      (c)] Chair of the Board of Museums and History;

      [(d)] (c) Chair of the Nevada Indian Commission; and

      [(e)] (d) Chair of the Board of the Nevada Arts Council.

      2.  Shall, except as otherwise provided in NRS 284.143, devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.

      Sec. 12. NRS 232.070 is hereby amended to read as follows:

      232.070  1.  As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission, the State Conservation Commission , the Commission for Cultural Centers and Historic Preservation or the Sagebrush Ecosystem Council.

      2.  Except as otherwise provided in subsection 4, the Director shall:

 


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      (a) Establish departmental goals, objectives and priorities.

      (b) Approve divisional goals, objectives and priorities.

      (c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.

      (d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.

      (e) Appoint the executive head of each division within the Department.

      (f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.

      (g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.

      (h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.

      (i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:

             (1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;

             (2) Matters relating to the park and recreational policy of the State;

             (3) The use of land within this State which is under the jurisdiction of the Federal Government;

             (4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and

             (5) The preservation, protection and use of this State’s natural resources.

      3.  Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.

      4.  This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission , the Commission for Cultural Centers and Historic Preservation or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.

      5.  Except as otherwise provided in NRS 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.

      Sec. 13. NRS 232.090 is hereby amended to read as follows:

      232.090  1.  The Department consists of the Director and the following:

      (a) The Division of Water Resources.

      (b) The Division of State Lands.

      (c) The Division of Forestry.

 


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      (d) The Division of State Parks.

      (e) The Division of Environmental Protection.

      (f) The Office of Historic Preservation.

      (g) Such other divisions as the Director may from time to time establish.

      2.  The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Conservation Districts Program, the Nevada Natural Heritage Program, the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.

      Sec. 14. NRS 233C.090 is hereby amended to read as follows:

      233C.090  1.  The Board shall:

      (a) Stimulate throughout the State the presentation of the performing literary, visual and folk arts and encourage artistic expression essential for the well-being of the arts, and make, before September 1 of each even-numbered year, a report covering the biennium ending June 30 of that year to the Governor and the Legislature on its progress in this regard.

      (b) Serve as an advocate of the arts and promote such policies and viewpoints as in the opinion of the Board would benefit the arts throughout this State.

      (c) Work with organizations that are concerned with the arts and whose activities are statewide in scope to develop and provide to the Division recommendations for:

             (1) Strategic plans;

             (2) The mission of and goals for the Division; and

             (3) Cultural policies and priorities for the State of Nevada.

      (d) Hold public hearings to receive public comment and to discuss issues relevant to the carrying out of the powers and duties of the Board.

      (e) Assist the Division in the performance of acts necessary to carry out the provisions of NRS 233C.096.

      (f) In connection with the functions of the Division, approve grant applications and grant allocations within the limits of legislative appropriations.

      (g) In all other matters pertaining to the Division, serve in an advisory capacity to the Department and to the Division.

      2.  The Chair of the Board shall serve as, or shall appoint another member of the Board to serve as, a member of the Commission [,] for Cultural Centers and Historic Preservation as required pursuant to paragraph (b) of subsection 1 of [NRS 233C.200.] section 2 of this act.

      3.  The Board may adopt such regulations as it deems necessary to carry out its powers and duties.

      Sec. 15. NRS 235.160 is hereby amended to read as follows:

      235.160  1.  The Nevada State Parks and Cultural Resources Endowment Fund is hereby created as a trust fund in the State Treasury.

      2.  The State Treasurer shall deposit in the Fund any money the State Treasurer receives from any person who wishes to contribute to the Fund.

      3.  The Fund must be administered by a committee consisting of:

      (a) The Administrator of the Division of State Parks of the State Department of Conservation and Natural Resources;

      (b) The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources; and

      (c) Three members appointed by the Governor.

 


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      4.  The Fund must only be used for the purposes of the enhancement of state parks and the preservation of the cultural resources of this State. Any interest earned on money in the Fund must be credited to the Fund. The money which represents the principal of the Fund must not be spent, and only the interest earned on the principal may be used to carry out the provisions of this section.

      5.  As used in this section, “cultural resources” has the meaning ascribed to it in subsection [3] 4 of NRS 383.011.

      Sec. 16.  1.  Any contracts or other agreements entered into by an officer or entity whose name has been changed pursuant to the provisions of this act are binding upon the officer or entity to which the responsibility for the administration of the provision of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or entity to which the responsibility for the enforcement of the provisions of the contract or other agreements has been transferred.

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

      Sec. 17.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used; and

      2.  In preparing supplements to the Nevada Administrative Code, substitute appropriately the name of any agency or officer of the State whose name is changed by this act for the name which the agency or officer previously used.

      Sec. 18.  1.  If the name of a fund or account is changed pursuant to the provisions of this act, the State Controller shall change the designation of the name of the fund or account without making any transfer of the money in the fund or account. The assets and liabilities of such a fund or account are unaffected by the change of the name.

      2.  The assets and liabilities of any fund or account transferred from the Commission for Cultural Affairs to the Commission for Cultural Centers and Historic Preservation are unaffected by the transfer.

      Sec. 19.  1.  Notwithstanding any other provision of law to the contrary, the Commission for Cultural Centers and Historic Preservation shall be deemed to be the successor entity of the Commission for Cultural Affairs created by section 1 of chapter 455, Statutes of Nevada 1991, at page 1346.

      2.  The amendatory provisions of this act do not affect the current term of appointment of any person who, on June 30, 2015, is a member of the Commission for Cultural Affairs. The persons serving as members of the Commission for Cultural Affairs on June 30, 2015, are the members of the Commission for Cultural Centers and Historic Preservation on July 1, 2015.

      3.  The member serving as Chair of the Commission for Cultural Affairs on June 30, 2015, is the Chair of the Commission for Cultural Centers and Historic Preservation on July 1, 2015, and shall continue in that position for the remainder of the 2-year term to which he or she was elected by the members of the Commission for Cultural Affairs.

 


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ê2015 Statutes of Nevada, Page 78 (Chapter 18, SB 20)ê

 

      4.  The current 10-year plan established by the Commission for Cultural Affairs, and in effect on June 30, 2015, shall be deemed to be the plan required to be maintained by the Commission for Cultural Centers and Historic Preservation pursuant to section 3 of this act. The plan must, within 2 years after the date of the plan’s most recent revision by the Commission for Cultural Affairs, be revised by the Commission for Cultural Centers and Historic Preservation in accordance with the provisions of section 3 of this act.

      Sec. 20. NRS 233C.015, 233C.200, 233C.210, 233C.220, 233C.225 and 233C.230 are hereby repealed.

      Sec. 21.  This act becomes effective on July 1, 2015.

________

CHAPTER 19, SB 34

Senate Bill No. 34–Committee on Natural Resources

 

CHAPTER 19

 

[Approved: April 7, 2015]

 

AN ACT relating to motor vehicles; eliminating provisions relating to authorized maintenance stations licensed to install, repair and adjust devices for the control of pollution; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for oversight, including licensing, by the Department of Motor Vehicles, in cooperation with the State Environmental Commission, of: (1) authorized inspection stations, at which motor vehicles and devices for pollution control may be inspected for compliance with pollution-control standards; (2) authorized maintenance stations, at which devices for the control of pollution may be installed, repaired and adjusted; and (3) authorized stations, at which devices for the control of pollution may be installed, repaired and adjusted and motor vehicles and devices for pollution control may be inspected. (NRS 445B.700-445B.845) There are no authorized maintenance stations in Nevada and, accordingly, the provisions relating to such facilities have become obsolete. This bill eliminates those provisions.

 

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 445B.775 is hereby amended to read as follows:

      445B.775  The regulations adopted by the Commission pursuant to NRS 445B.770 must establish requirements by which the Department of Motor Vehicles may license:

      1.  Authorized inspection stations, including criteria by which any person may become qualified to inspect devices for the control of emissions for motor vehicles. The regulations adopted by the Commission pursuant to NRS 445B.770 must provide that a facility licensed as an authorized inspection station:

 


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ê2015 Statutes of Nevada, Page 79 (Chapter 19, SB 34)ê

 

      (a) Except as otherwise provided in paragraph (b), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

      (b) May perform the following activities in connection with a motor vehicle:

             (1) The changing of oil;

             (2) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

             (3) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      2.  [Authorized maintenance stations, including criteria by which any person may become qualified to install, repair and adjust devices for the control of emissions for motor vehicles.

      3.]  Authorized stations, including criteria by which any person may become qualified to inspect, repair, adjust and install devices for the control of emissions for motor vehicles.

      Sec. 2. NRS 445B.785 is hereby amended to read as follows:

      445B.785  1.  The Department of Motor Vehicles shall, in cooperation with the Commission, adopt regulations which:

      (a) Prescribe requirements for licensing authorized inspection stations, [authorized maintenance stations,] authorized stations and fleet stations. The regulations adopted pursuant to this paragraph must provide that a facility licensed as an authorized inspection station:

             (1) Except as otherwise provided in subparagraph (2), may not, unless specifically authorized by the Commission, install, repair, diagnose or adjust any component or system of a motor vehicle that affects exhaust emissions.

             (2) May perform the following activities in connection with a motor vehicle:

                   (I) The changing of oil;

                   (II) The replacing of an oil filter, air filter, fuel filter, belt or hose; and

                   (III) The servicing of a fuel injection system using methods approved by the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (b) Prescribe the manner in which authorized inspection stations, authorized stations and fleet stations inspect motor vehicles and issue evidence of compliance.

      (c) Prescribe the diagnostic equipment necessary to perform the required inspection. The regulations must ensure that:

             (1) The equipment complies with any applicable standards of the United States Environmental Protection Agency; and

             (2) Use of the equipment is specifically authorized by the Commission.

      (d) Provide for any fee, bond or insurance which is necessary to carry out the provisions of NRS 445B.700 to 445B.815, inclusive.

      (e) Provide for the issuance of a pamphlet for distribution to owners of motor vehicles. The pamphlet must contain information explaining the reasons for and the methods of the inspections.

      2.  The Department of Motor Vehicles shall issue a copy of the regulations to each authorized inspection station, [authorized maintenance station,] authorized station and fleet station.

 


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ê2015 Statutes of Nevada, Page 80 (Chapter 19, SB 34)ê

 

      Sec. 3. NRS 445B.790 is hereby amended to read as follows:

      445B.790  1.  The Department of Motor Vehicles shall, by regulation, establish procedures for inspecting authorized inspection stations, [authorized maintenance stations,] authorized stations and fleet stations, and may require the holder of a license for an authorized inspection station, [authorized maintenance station,] authorized station or fleet station to submit any material or document which is used in the program to control emissions from motor vehicles.

      2.  The Department may deny, suspend or revoke the license of an approved inspector, authorized inspection station, [authorized maintenance station,] authorized station or fleet station if:

      (a) The approved inspector or the holder of a license for an authorized inspection station, [authorized maintenance station,] authorized station or fleet station is not complying with the provisions of NRS 445B.700 to 445B.815, inclusive.

      (b) The holder of a license for an authorized inspection station, [authorized maintenance station,] authorized station or fleet station refuses to furnish the Department with the requested material or document.

      (c) The approved inspector has issued a fraudulent certificate of compliance, whether intentionally or negligently. A “fraudulent certificate” includes, but is not limited to:

             (1) A backdated certificate;

             (2) A postdated certificate; and

             (3) A certificate issued without an inspection.

      (d) The approved inspector does not follow the prescribed test procedure.

      Sec. 4. NRS 445B.820 is hereby amended to read as follows:

      445B.820  Any person may install a motor vehicle pollution control device, but no person who is not employed by an [authorized maintenance station,] authorized station or fleet station may install a device for compensation. No such device shall be deemed to meet the requirements of NRS 445B.770 to 445B.815, inclusive, or regulations of the Commission or Department unless it has been inspected in an authorized inspection station, authorized station or fleet station, and evidence of compliance has been issued by that station.

      Sec. 5. NRS 445B.830 is hereby amended to read as follows:

      445B.830  1.  In areas of the State where and when a program is commenced pursuant to NRS 445B.770 to 445B.815, inclusive, the following fees must be paid to the Department of Motor Vehicles and accounted for in the Pollution Control Account, which is hereby created in the State General Fund:

      (a) For the issuance and annual renewal of a license for an authorized inspection station, [authorized maintenance station,] authorized station or fleet station...................................................................... $25

      (b) For each set of 25 forms certifying emission control compliance.. 150

      (c) For each form issued to a fleet station..................................................... 6

      2.  Except as otherwise provided in subsection 6, and after deduction of the amounts distributed pursuant to subsection 4, money in the Pollution Control Account may, pursuant to legislative appropriation or with the approval of the Interim Finance Committee, be expended by the following agencies in the following order of priority:

 


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ê2015 Statutes of Nevada, Page 81 (Chapter 19, SB 34)ê

 

      (a) The Department of Motor Vehicles to carry out the provisions of NRS 445B.770 to 445B.845, inclusive.

      (b) The State Department of Conservation and Natural Resources to carry out the provisions of this chapter.

      (c) The State Department of Agriculture to carry out the provisions of NRS 590.010 to 590.150, inclusive.

      (d) Local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air.

      (e) The Tahoe Regional Planning Agency to carry out the provisions of NRS 277.200 with respect to the preservation and improvement of air quality in the Lake Tahoe Basin.

      3.  The Department of Motor Vehicles may prescribe by regulation routine fees for inspection at the prevailing shop labor rate, including, without limitation, maximum charges for those fees, and for the posting of those fees in a conspicuous place at an authorized inspection station or authorized station.

      4.  The Department of Motor Vehicles shall make quarterly distributions of money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408. The distributions of money made to agencies in a county pursuant to this subsection must be made from an amount of money in the Pollution Control Account that is equal to one-sixth of the amount received for each form issued in the county pursuant to subsection 1.

      5.  Each local air pollution control agency that receives money pursuant to subsections 4 and 6 shall, not later than 45 days after the end of the fiscal year in which the money is received, submit to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee a report on the use of the money received.

      6.  The Department of Motor Vehicles shall make annual distributions of excess money in the Pollution Control Account to local air pollution control agencies in nonattainment or maintenance areas for an air pollutant for which air quality criteria have been issued pursuant to 42 U.S.C. § 7408, for programs related to the improvement of the quality of the air. The distributions of excess money made to local air pollution control agencies in a county pursuant to this subsection must be made in an amount proportionate to the number of forms issued in the county pursuant to subsection 1. As used in this subsection, “excess money” means the money in excess of $1,000,000 remaining in the Pollution Control Account at the end of the fiscal year, after deduction of the amounts distributed pursuant to subsection 4 and any disbursements made from the Account pursuant to subsection 2.

      7.  The Department of Motor Vehicles shall provide for the creation of an advisory committee consisting of representatives of state and local agencies involved in the control of emissions from motor vehicles. The committee shall:

      (a) Establish goals and objectives for the program for control of emissions from motor vehicles;

      (b) Identify areas where funding should be made available; and

 


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      (c) Review and make recommendations concerning regulations adopted pursuant to NRS 445B.770.

      Sec. 6. NRS 487.560 is hereby amended to read as follows:

      487.560  1.  On and after January 1, 1998, a garage operator shall register with the Department for authorization to operate a garage.

      2.  An application for registration must be on a form provided by the Department. The application must include:

      (a) The name of the applicant, including each name under which the applicant intends to do business;

      (b) The complete street address of each location from which the applicant will be conducting business, including a designation of the location that will be the applicant’s principal place of business;

      (c) A copy of the business license for each garage operated by the applicant if the county or city in which the applicant operates a garage requires such a license;

      (d) The type of repair work offered at each garage operated by the applicant;

      (e) The number of mechanics employed at each garage operated by the applicant; and

      (f) Any other information required by the Department.

      3.  Except as otherwise provided in this subsection, for each garage operated by an applicant, the Department shall charge a fee of $25 for the issuance or renewal of registration. If an applicant operates more than one garage, the applicant may file one application if he or she clearly indicates on the application the location of each garage operated by the applicant and each person responsible for the management of each garage. The Department shall waive the fee for the issuance or renewal of registration for a person that is licensed as:

      (a) An authorized inspection station [, authorized maintenance station] or authorized station pursuant to chapter 445B of NRS;

      (b) A manufacturer, distributor, dealer or rebuilder pursuant to chapter 482 of NRS; or

      (c) An automobile wrecker, salvage pool or body shop pursuant to this chapter.

      4.  All fees collected by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Motor Vehicle Fund.

      5.  An applicant for registration or renewal of registration shall notify the Department of any material change in the information contained in the application for registration or renewal within 10 days after knowledge of the change.

      Sec. 7. NRS 445B.715 is hereby repealed.

________

 


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ê2015 Statutes of Nevada, Page 83ê

 

CHAPTER 20, SB 41

Senate Bill No. 41–Committee on Natural Resources

 

CHAPTER 20

 

[Approved: April 7, 2015]

 

AN ACT relating to hunting; revising provisions governing the stamp required for the hunting of migratory waterfowl; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person hunting migratory waterfowl in this State to carry on his or her person an unexpired federal migratory bird hunting stamp with his or her signature. (NRS 503.135) The State of Nevada has applied to participate in a federal program that authorizes certain states to sell an electronic migratory bird hunting stamp and issue a receipt which can be carried until a physical stamp is mailed. (Electronic Duck Stamp Act of 2005, Public Law 109-266, 120 Stat. 670) The exception to existing law provided by this bill will allow a person hunting migratory waterfowl in this State to carry a physical federal migratory bird hunting stamp or the receipt verifying the purchase of an electronic stamp if the State of Nevada is authorized by the Secretary of the Interior to sell electronic stamps.

 

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 503.135 is hereby amended to read as follows:

      503.135  [It] Except as otherwise authorized by federal law, it is unlawful for any person subject to the federal migratory bird hunting stamp tax to hunt any migratory waterfowl unless at the time of such hunting the person carries on his or her person an unexpired federal migratory bird hunting stamp validated by his or her signature written by the person in ink across the face of the stamp prior to the person’s hunting such birds.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 21, SB 45

Senate Bill No. 45–Committee on Natural Resources

 

CHAPTER 21

 

[Approved: April 7, 2015]

 

AN ACT relating to conservation; revising provisions governing the distribution of grants of money by the State Conservation Commission to conservation districts; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 84 (Chapter 21, SB 45)ê

 

Legislative Counsel’s Digest:

      Existing law sets forth the general rule that the State Conservation Commission must distribute grants of money provided by legislative appropriation to qualifying conservation districts in equal amounts. (NRS 548.178) This bill provides an exception to the general rule for the distribution of such grants of money if: (1) the grants of money are for a specific competitive grant program for which the Legislature expressly appropriated money; and (2) the competitive grant program is governed by regulations specifically adopted to govern that competitive grant program and those regulations expressly state that the grants of money may be distributed in unequal amounts.

 

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 548.178 is hereby amended to read as follows:

      548.178  1.  The Commission may establish programs for distributing, within the limits of legislative appropriations and other available money, grants of money to conservation districts. Distribution of such grants must be made in the following manner:

      (a) [The] Except as otherwise provided in subsection 4, the Commission shall distribute grants of money provided by legislative appropriation in equal amounts to each conservation district which the Commission determines qualifies for a grant.

      (b) The Commission may distribute grants of money provided by sources other than legislative appropriation in such amounts and subject to such conditions as the Commission determines appropriate to any conservation district which the Commission determines qualifies for a grant.

      2.  The Commission may determine that a conservation district qualifies for a grant of money pursuant to this section if the district demonstrates to the satisfaction of the Commission that the district:

      (a) Has been established in accordance with the provisions of this chapter; and

      (b) Is in compliance with all of the requirements of this chapter and the regulations of the Commission adopted pursuant thereto.

      3.  Except as may otherwise be provided as a condition of a grant of money distributed by the Commission pursuant to paragraph (b) of subsection 1, a conservation district that is awarded a grant of money pursuant to this section may use the money for reasonable and necessary expenses incurred by the district in carrying out its duties and authorities in accordance with this chapter and the annual district budget approved by the Commission.

      4.  With regard to money provided by legislative appropriation, the Commission may distribute grants of money to conservation districts in unequal amounts if:

      (a) The grants of money are for a specific competitive grant program for which the Legislature expressly appropriated money; and

      (b) The competitive grant program described in paragraph (a) is governed by regulations specifically adopted to govern that competitive grant program and those regulations expressly state that the grants of money may be distributed in unequal amounts.

 


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ê2015 Statutes of Nevada, Page 85 (Chapter 21, SB 45)ê

 

      5.  The Commission may adopt such regulations as it considers necessary to carry out the provisions of this section.

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

________

CHAPTER 22, AB 165

Assembly Bill No. 165–Committee on Education

 

CHAPTER 22

 

[Approved: April 13, 2015]

 

AN ACT relating to education; establishing a credit against the modified business tax for taxpayers who donate money to a scholarship organization; setting forth certain requirements for a scholarship organization and for schools that receive grants from a scholarship organization; requiring a scholarship organization to submit an annual report to the Department of Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, financial institutions and other employers are required to pay an excise tax (the modified business tax) on wages paid by them. (NRS 363A.130, 363B.110) With respect to that tax, section 4 of this bill establishes a tax credit equal to an amount approved by the Department of Taxation, which must not exceed the amount of any donation of money made by a taxpayer to a scholarship organization. To claim the tax credit, section 4 requires a scholarship organization to apply to the Department for approval of the credit for a taxpayer who intends to make a donation to the scholarship organization. If the Department approves the application, the scholarship organization must provide notice to the prospective donor, who must make the donation within 30 days after receiving the notice. If the donor does not make the donation within the requisite period, the donor forfeits eligibility for the credit. The Department: (1) must approve or deny applications for the tax credit in the order in which the applications are received by the Department; and (2) is authorized to approve applications for each fiscal year until the amount of the tax credits approved for the fiscal year is the amount authorized by statute for that fiscal year. For Fiscal Year 2015-2016, the amount authorized is $5 million. The amount authorized for each succeeding fiscal year is 110 percent of the amount authorized for the immediately preceding fiscal year.

      Section 5 of this bill provides that a scholarship organization: (1) must be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code (26 U.S.C. § 501 (c)(3)); (2) must not own or operate any school that receives grants pursuant to sections 2-6 of this bill; (3) must accept donations and may also solicit and accept gifts and grants in addition to donations; (4) must not expend for administrative expenses more than 5 percent of the money it receives; (5) must provide grants on behalf of pupils who are members of a household with a household income which is not more than 300 percent of the federally designated level signifying poverty to attend schools in this State, including private schools, chosen by the parents or legal guardians of those pupils; (6) must not limit to a single school the schools for which it provides grants; and (7) must not limit grants to specific pupils. Section 5 also requires the maximum amount of a grant provided by the scholarship organization to be adjusted each fiscal year in an amount corresponding to the percentage of increase in the Consumer Price Index published by the United States Department of Labor for the preceding calendar year. With respect to donations, gifts and grants governed by this bill, section 5 also requires the organization to provide each person who makes a donation, gift or grant with an affidavit attesting to certain information.

 


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ê2015 Statutes of Nevada, Page 86 (Chapter 22, AB 165)ê

 

donation, gift or grant with an affidavit attesting to certain information. For each pupil who is a beneficiary of a grant, section 5 requires that the school in which the pupil is enrolled maintain a record of the pupil’s academic progress in such a manner that the information may be aggregated for all such pupils enrolled in the school.

      Section 6 requires a scholarship organization to submit an annual report to the Department of Education concerning the donations, gifts and grants received by the organization and the grants made by it during the preceding year. Sections 7 and 8 of this bill provide specifically for application of the credit against the taxes affected by this bill.

 

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 385 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. Sections 2 to 6, inclusive, of this act may be cited as the Nevada Educational Choice Scholarship Program.

      Sec. 3. As used in sections 2 to 6, inclusive, of this act, unless the context otherwise requires, “scholarship organization” means an organization in this State that meets the requirements set forth in section 5 of this act.

      Sec. 4. 1.  Any taxpayer who is required to pay a tax pursuant to NRS 363A.130 or 363B.110 may receive a credit against the tax otherwise due for any donation of money made by the taxpayer to a scholarship organization in the manner provided by this section.

      2.  To receive the credit authorized by subsection 1, a taxpayer who intends to make a donation of money to a scholarship organization must, before making such a donation, notify the scholarship organization of the taxpayer’s intent to make the donation and to seek the credit authorized by subsection 1. A scholarship organization shall, before accepting any such donation, apply to the Department of Taxation for approval of the credit authorized by subsection 1 for the donation. The Department of Taxation shall, within 20 days after receiving the application, approve or deny the application and provide to the scholarship organization notice of the decision and, if the application is approved, the amount of the credit authorized. Upon receipt of notice that the application has been approved, the scholarship organization shall provide notice of the approval to the taxpayer who must, not later than 30 days after receiving the notice, make the donation of money to the scholarship organization. If the taxpayer does not make the donation of money to the scholarship organization within 30 days after receiving the notice, the scholarship organization shall provide notice of the failure to the Department of Taxation and the taxpayer forfeits any claim to the credit authorized by subsection 1.

      3.  The Department of Taxation shall approve or deny applications for the credit authorized by subsection 1 in the order in which the applications are received. The Department of Taxation may, for each fiscal year, approve applications for the credit authorized by subsection 1 until the total amount of the credits authorized by subsection 1 and approved by the Department of Taxation is:

      (a) For Fiscal Year 2015-2016, $5,000,000;

      (b) For Fiscal Year 2016-2017, $5,500,000; and

 


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      (c) For each succeeding fiscal year, an amount equal to 110 percent of the amount authorized for the immediately preceding fiscal year.

Ê The amount of any credit which is forfeited pursuant to subsection 2 must not be considered in calculating the amount of credits authorized for any fiscal year.

      4.  If a taxpayer applies to and is approved by the Department of Taxation for the credit authorized by subsection 1, the amount of the credit provided by this section is equal to the amount approved by the Department of Taxation pursuant to subsection 2, which must not exceed the amount of the donation made by the taxpayer to a scholarship organization. The total amount of the credit applied against the taxes described in subsection 1 and otherwise due from a taxpayer must not exceed the amount of the donation.

      5.  If the amount of the tax described in subsection 1 and otherwise due from a taxpayer is less than the credit to which the taxpayer is entitled pursuant to this section, the taxpayer may, after applying the credit to the extent of the tax otherwise due, carry the balance of the credit forward for not more than 5 years after the end of the calendar year in which the donation is made or until the balance of the credit is applied, whichever is earlier.

      Sec. 5. 1.  A scholarship organization must:

      (a) Be exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3).

      (b) Not own or operate any school in this State, including, without limitation, a private school, which receives any grant money pursuant to the Nevada Educational Choice Scholarship Program.

      (c) Accept donations from taxpayers and other persons and may also solicit and accept gifts and grants.

      (d) Not expend more than 5 percent of the total amount of money accepted pursuant to paragraph (c) to pay its administrative expenses.

      (e) Provide grants on behalf of pupils who are members of a household that has a household income which is not more than 300 percent of the federally designated level signifying poverty to allow those pupils to attend schools in this State chosen by the parents or legal guardians of those pupils, including, without limitation, private schools. The total amount of a grant provided by the scholarship organization on behalf of a pupil pursuant to this paragraph must not exceed $7,755 for Fiscal Year 2015-2016.

      (f) Not limit to a single school the schools for which it provides grants.

      (g) Except as otherwise provided in paragraph (e), not limit to specific pupils the grants provided pursuant to that paragraph.

      2.  The maximum amount of a grant provided by the scholarship organization pursuant to paragraph (e) of subsection 1 must be adjusted on July 1 of each year for the fiscal year beginning that day and ending June 30 in a rounded dollar amount corresponding to the percentage of increase in the Consumer Price Index (All Items) published by the United States Department of Labor for the preceding calendar year. On May 1 of each year, the Department of Education shall determine the amount of increase required by this subsection, establish the adjusted amounts to take effect on July 1 of that year and notify each scholarship organization of the adjusted amounts. The Department of Education shall also post the adjusted amounts on its Internet website.

 


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      3.  A grant provided on behalf of a pupil pursuant to subsection 1 must be paid directly to the school chosen by the parent or legal guardian of the pupil.

      4.  A scholarship organization shall provide each taxpayer and other person who makes a donation, gift or grant of money to the scholarship organization pursuant to paragraph (c) of subsection 1 with an affidavit, signed under penalty of perjury, which includes, without limitation:

      (a) A statement that the scholarship organization satisfies the requirements set forth in subsection 1; and

      (b) The total amount of the donation, gift or grant made to the scholarship organization.

      5.  Each school in which a pupil is enrolled for whom a grant is provided by a scholarship organization shall maintain a record of the academic progress of the pupil. The record must be maintained in such a manner that the information may be aggregated and reported for all such pupils if reporting is required by the regulations of the Department of Education.

      6.  The Department of Education:

      (a) Shall adopt regulations prescribing the contents of and procedures for applications for grants provided pursuant to subsection 1.

      (b) May adopt such other regulations as the Department determines necessary to carry out the provisions of this section.

      7.  As used in this section, “private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 6. A scholarship organization which receives a donation, gift or grant of money described in section 5 of this act shall report to the Department of Education, on or before January 31 of each year, on a form prescribed by the Department:

      1.  The name, address and contact information of the scholarship organization;

      2.  The total number of such donations, gifts and grants received by the scholarship organization during the immediately preceding calendar year;

      3.  The total dollar amount of such donations, gifts and grants received during the immediately preceding calendar year;

      4.  The total number of pupils for whom the scholarship organization made grants during the immediately preceding calendar year pursuant to section 5 of this act;

      5.  The total dollar amount of such grants made during the immediately preceding calendar year; and

      6.  For each school for which such a grant was made during the immediately preceding calendar year:

      (a) The name and address of the school;

      (b) The number of pupils enrolled in the school for whom such a grant was made; and

      (c) The total dollar amount of such grants provided for pupils enrolled in the school.

      Sec. 7. NRS 363A.130 is hereby amended to read as follows:

      363A.130  1.  There is hereby imposed an excise tax on each employer at the rate of 2 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer.

 


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employer during a calendar quarter with respect to employment in connection with the business activities of the employer.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this section for that calendar quarter.

      4.  An employer who makes a donation of money to a scholarship organization during the calendar quarter for which a return is filed pursuant to this section is entitled, in accordance with section 4 of this act, to a credit equal to the amount authorized pursuant to section 4 of this act against any tax otherwise due pursuant to this section. As used in this subsection, “scholarship organization” has the meaning ascribed to it in section 3 of this act.

      Sec. 8. NRS 363B.110 is hereby amended to read as follows:

      363B.110  1.  There is hereby imposed an excise tax on each employer at the rate of 0.63 percent of the wages, as defined in NRS 612.190, paid by the employer during a calendar quarter with respect to employment in connection with the business activities of the employer.

      2.  The tax imposed by this section:

      (a) Does not apply to any person or other entity or any wages this State is prohibited from taxing under the Constitution, laws or treaties of the United States or the Nevada Constitution.

      (b) Must not be deducted, in whole or in part, from any wages of persons in the employment of the employer.

      3.  Each employer shall, on or before the last day of the month immediately following each calendar quarter for which the employer is required to pay a contribution pursuant to NRS 612.535:

      (a) File with the Department a return on a form prescribed by the Department; and

      (b) Remit to the Department any tax due pursuant to this chapter for that calendar quarter.

      4.  An employer who makes a donation of money to a scholarship organization during the calendar quarter for which a return is filed pursuant to this section is entitled, in accordance with section 4 of this act, to a credit equal to the amount authorized pursuant to section 4 of this act against any tax otherwise due pursuant to this section. As used in this subsection, “scholarship organization” has the meaning ascribed to it in section 3 of this act.

      Sec. 9.  This act becomes effective upon passage and approval.

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CHAPTER 23, SB 145

Senate Bill No. 145–Senators Manendo, Parks, Woodhouse, Spearman; and Hammond

 

Joint Sponsors: Assemblymen Silberkraus, Moore; Dooling, Edwards, Flores, Gardner, Seaman and Thompson

 

CHAPTER 23

 

[Approved: April 15, 2015]

 

AN ACT relating to motorcycles; authorizing a nonresident who is a member of the Armed Forces of the United States and is stationed in Nevada to enroll in the Program for the Education of Motorcycle Riders; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Public Safety to establish the Program for the Education of Motorcycle Riders to provide training for Nevada residents in the proper habits and skills necessary for the safe operation of a motorcycle. (NRS 486.363-486.381) This bill allows a nonresident who is a member of the Armed Forces of the United States and who is stationed in Nevada to enroll in the Program.

 

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 486.373 is hereby amended to read as follows:

      486.373  1.  A resident of this State who holds a motorcycle driver’s license or a motorcycle endorsement to a driver’s license or who is eligible to apply for such a license or endorsement , or a nonresident who is a member of the Armed Forces of the United States, a reserve component thereof or the National Guard and who is stationed at a military installation located in Nevada, may enroll in the Program.

      2.  The Director shall establish a fee of not more than $150 for the Program.

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

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CHAPTER 24, AB 82

Assembly Bill No. 82–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 24

 

[Approved: April 15, 2015]

 

AN ACT relating to wildlife; changing the name of the Wildlife Fund Account in the State General Fund to the Wildlife Account and amending the permissible uses of money in the Account; changing the name of the Wildlife Heritage Trust Account to the Wildlife Heritage Account; revising provisions relating to the administration of the trout stamp and duck stamp programs in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Wildlife Fund Account and the Wildlife Heritage Trust Account in the State General Fund and sets forth the permissible uses of money in those accounts. (NRS 365.535, 488.075, 488.536, 501.179, 501.320, 501.356, 501.3575, 501.359, 501.361, 502.242, 503.597, 504.155) Sections 5 and 6 of this bill, respectively, change the name of the Wildlife Fund Account to the Wildlife Account and the Wildlife Heritage Trust Account to the Wildlife Heritage Account. Sections 1-4, 7-10, 14-21 and 23-30 of this bill make conforming changes.

      Existing law requires that, with certain exceptions, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife Fund Account be used only for the management of wildlife. (NRS 501.356) Section 5 authorizes the Department of Wildlife, in addition to managing wildlife, to use such fees collected for the protection and propagation of wildlife in this State.

      Under existing law, it is unlawful to take or possess a trout in this State without first purchasing a trout stamp. (NRS 502.326) Section 12 of this bill requires that all money received from the sale of trout stamps be deposited in the Wildlife Account. Section 13 of this bill requires that all money received from the sale of trout stamps, after deducting certain administrative costs, must be used for the protection, propagation and management of trout in this State and the payment of any bonded indebtedness incurred therefor.

      Existing law requires a person to purchase a duck stamp before hunting ducks and certain other migratory birds in this State and provides that the proceeds from the sale of those stamps must be used for the protection and propagation of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada. (NRS 502.300-502.322) Section 22 of this bill provides that the proceeds from the sale of duck stamps may also be used for the management of migratory game birds in this State.

 

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 501.179 is hereby amended to read as follows:

      501.179  1.  Members of the Commission are entitled to receive a salary of not more than $80 per day, as fixed by the Commission, while performing official duties for the Commission.

      2.  While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

 


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      3.  Compensation and expenses must be paid from the Wildlife [Fund] Account within the State General Fund.

      Sec. 2. NRS 501.320 is hereby amended to read as follows:

      501.320  1.  Annually, not later than May 1, each board shall prepare a budget for the period ending June 30 of the following year, setting forth in detail its proposed expenditures for carrying out its duties as specified in this title within its county, and submit the budget to the Commission accompanied by a statement of the previous year’s expenditures, certified by the county auditor.

      2.  The Commission shall examine the budget in conjunction with the Director or a person designated by the Director, and may increase, decrease, alter or amend the budget.

      3.  Upon approval of the budget, the Department shall transmit a copy of the approved budget to the board, and at the same time withdraw from the Wildlife [Fund] Account within the State General Fund and transmit to the board the money required under the approved budget for disposition by the board in accordance with the approved budget. All money so received must be placed in the fund for the advisory board.

      Sec. 3. NRS 501.343 is hereby amended to read as follows:

      501.343  The Department may:

      1.  Collect and disseminate, throughout the State, information calculated to educate and benefit the people of the State regarding wildlife and boating, and information pertaining to any program administered by the Department.

      2.  Publish wildlife journals and other official publications, for which a specific charge may be made, such charge to be determined by the Commission, with the proceeds to be deposited in the Wildlife [Fund] Account within the State General Fund. No charge may be made for any publication required by a regulation of the Commission.

      Sec. 4. NRS 501.346 is hereby amended to read as follows:

      501.346  1.  The Department may charge fees for advertising:

      (a) In printed materials prepared by the Department; and

      (b) On a website on the Internet or its successor that is maintained by the Department.

      2.  Any money collected by the Department, pursuant to subsection 1 must be:

      (a) Deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund; and

      (b) Used to pay the expenses of the Department, including, without limitation, expenses incurred in the development, production and distribution of:

             (1) Printed materials prepared by the Department;

             (2) Materials used by the Department on the website maintained by the Department; and

             (3) Any informational and educational materials provided by the Department for the purposes described in subsection 1 of NRS 501.343.

      Sec. 5. NRS 501.356 is hereby amended to read as follows:

      501.356  1.  Money received by the Department from:

      (a) The sale of licenses;

      (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

 


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      (c) Remittances from the State Treasurer pursuant to the provisions of NRS 365.535;

      (d) Appropriations made by the Legislature; and

      (e) All other sources, including, without limitation, the Federal Government, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the Wildlife Heritage [Trust] Account pursuant to NRS 501.3575, the Wildlife Trust Fund pursuant to NRS 501.3585, the Energy Planning and Conservation Account created by NRS 701.630 or the Account for the Recovery of Costs created by NRS 701.640,

Ê must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      2.  The interest and income earned on the money in the Wildlife [Fund] Account, after deducting any applicable charges, must be credited to the Account.

      3.  Except as otherwise provided in subsection 4 and NRS 503.597, the Department may use money in the Wildlife [Fund] Account only to carry out the provisions of this title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.

      4.  Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the Wildlife [Fund] Account pursuant to the provisions of this title and any matching money received by the Department from any source must be accounted for separately and must be used:

      (a) Only for the protection, propagation and management of wildlife; and

      (b) If the fee is for the sale or issuance of a license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

      Sec. 6. NRS 501.3575 is hereby amended to read as follows:

      501.3575  1.  The Wildlife Heritage [Trust] Account is hereby created in the State General Fund. The money in the Account must be used by the Department as provided in this section for:

      (a) The protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this State; and

      (b) The management and control of predatory wildlife in this State.

      2.  Except as otherwise provided in NRS 502.250, money received by the Department from:

      (a) A bid, auction, Silver State Tag Drawing or Partnership in Wildlife Drawing conducted pursuant to NRS 502.250; and

      (b) A gift of money made by any person to the Wildlife Heritage [Trust] Account,

Ê must be deposited with the State Treasurer for credit to the Account.

      3.  The interest and income earned on the money in the Wildlife Heritage [Trust] Account, after deducting any applicable charges, must be credited to the Account.

      4.  The Department may annually expend from the Wildlife Heritage [Trust] Account an amount of money not greater than 75 percent of the money deposited in the Account pursuant to subsection 2 during the previous year and the total amount of interest earned on the money in the Account during the previous year. The Commission shall review and approve expenditures from the Account.

 


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expenditures from the Account. No money may be expended from the Account without the prior approval of the Commission.

      5.  The Commission shall administer the provisions of this section and may adopt any regulations necessary for that purpose.

      Sec. 7. NRS 501.359 is hereby amended to read as follows:

      501.359  1.  The Wildlife Imprest Account in the amount of $15,000 is hereby created for the use of the Department, subject to the following conditions:

      (a) The money must be deposited in a bank or credit union qualified to receive deposits of public money, except that $500 must be kept in the custody of an employee designated by the Director for immediate use for purposes set forth in this section.

      (b) The Account must be replenished periodically from the Wildlife [Fund] Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

      2.  The Wildlife Imprest Account may be used to pay for postage, C.O.D. packages, travel or other minor expenses which are proper as claims for payment from the Wildlife [Fund] Account in the State General Fund.

      3.  The Wildlife Imprest Account may be used to provide money to employees of the Department for travel expenses and subsistence allowances arising out of their official duties or employment. All advances constitute a lien in favor of the Department upon the accrued wages of the requesting employee in an amount equal to the money advanced, but the Director may advance more than the amount of the accrued wages of the employee. Upon the return of the employee, the employee is entitled to receive money for any authorized expenses and subsistence in excess of the amount advanced.

      Sec. 8. NRS 501.361 is hereby amended to read as follows:

      501.361  A Petty Cash Account in the amount of $1,000 for the payment of minor expenses of the Department is hereby created. The Account must be kept in the custody of an employee designated by the Director and must be replenished periodically from the Wildlife [Fund] Account in the State General Fund upon approval of expenditures as required by law and submission of vouchers or other documents to indicate payment as may be prescribed.

      Sec. 9. NRS 501.3855 is hereby amended to read as follows:

      501.3855  1.  In addition to the penalties provided for the violation of any of the provisions of this title, every person who:

      (a) Unlawfully kills or possesses a trophy big game mammal is liable for a civil penalty of not less than $5,000 nor more than $30,000; or

      (b) Except as otherwise provided in paragraph (a), unlawfully kills or possesses a big game mammal, moose, bobcat, swan or eagle is liable for a civil penalty of not less than $250 but less than $5,000.

      2.  For the unlawful killing or possession of fish or wildlife not included in subsection 1, a person is liable for a civil penalty of not less than $25 nor more than $1,000.

      3.  For hunting, fishing or trapping without a valid license, tag or permit, a person is liable for a civil penalty of not less than $50 nor more than the amount of the fee for the license, tag or permit required for the activity in which the person engaged.

      4.  Every court, before whom a defendant is convicted of unlawfully killing or possessing any wildlife, shall order the defendant to pay the civil penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed.

 


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penalty in the amount stated in this section for each mammal, bird or fish unlawfully killed or possessed. The court shall fix the manner and time of payment.

      5.  The Department may attempt to collect all penalties and installments that are in default in any manner provided by law for the enforcement of a judgment.

      6.  If a person who is ordered to pay a civil penalty pursuant to this section fails to do so within 90 days after the date set forth in the order, the Department may suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document or privilege otherwise available to the person pursuant to this title or chapter 488 of NRS.

      7.  Each court that receives money pursuant to the provisions of this section shall forthwith remit the money to the Department which shall deposit the money with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      8.  As used in this section, “trophy big game mammal” means a mule deer with an outside antler measurement of at least 24 inches, a bighorn sheep of any species with at least one horn exceeding a half curl, a Rocky Mountain elk with at least six antler points on one antler, a pronghorn antelope with at least one horn which is more than 14 inches in length, a mountain goat or a black bear. As used in this subsection:

      (a) “Antler” means any bony growth originating from the pedicle portion of the skull of a big game mammal that is annually cast and regenerated as part of the annual life cycle of the big game mammal.

      (b) “Antler point” means a projection which is at least 1 inch in length with the length exceeding the width of its base, excluding the first point on the main beam commonly known as the eye guard on mule deer.

      (c) “Horn exceeding a half curl” means a horn tip that has grown at least through 180 degrees of a circle determined by establishing a parallel reference line from the base of the horn and measuring the horn tip to determine whether the horn tip has grown at least to the projection of the reference line.

      (d) “Outside antler measurement” means the perpendicular measurement at right angles to the center line of the skull of a deer at the widest point between the main antler beams or the antler points off the main antler beams.

      Sec. 10. NRS 501.389 is hereby amended to read as follows:

      501.389  1.  Except for property described in NRS 501.3857, equipment:

      (a) Seized as evidence in accordance with NRS 501.375; and

      (b) Not recovered by the owner within 1 year after it is no longer needed for evidentiary purposes,

Ê becomes the property of the Department.

      2.  The Department may:

      (a) Sell the equipment in accordance with the regulations adopted pursuant to subsection 5 of NRS 333.220;

      (b) Donate equipment that is not dangerous to nonprofit organizations which benefit children;

      (c) Donate equipment that is not dangerous to children from low-income families who attend fishing clinics sponsored by the Department; or

      (d) Retain the equipment for authorized use by the Department.

 


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Ê All money received from the sale of equipment must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      3.  Any person of lawful age and lawfully entitled to reside in the United States may purchase the equipment, whether a prior owner or not.

      Sec. 11. Chapter 502 of NRS is hereby amended by adding thereto the provisions set forth as sections 12 and 13 of this act.

      Sec. 12. All money received pursuant to NRS 502.326 must be deposited with the State Treasurer for credit to the Wildlife Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the trout stamp program. This amount is in addition to the compensation allowed persons authorized to issue and sell licenses.

      Sec. 13. Except as otherwise provided in section 12 of this act, all money received pursuant to NRS 502.326 must be used for the protection, propagation and management of trout in this State and for the payment of any bonded indebtedness incurred therefor.

      Sec. 14. NRS 502.148 is hereby amended to read as follows:

      502.148  1.  Except as otherwise provided in this subsection, any person who wishes to apply for a restricted nonresident deer tag pursuant to NRS 502.147 must complete an application on a form prescribed and furnished by the Department. A licensed master guide may complete the application for an applicant. The application must be signed by the applicant and the master guide who will be responsible for conducting the restricted nonresident deer hunt.

      2.  The application must be accompanied by a fee for the tag of $300, plus any other fees which the Department may require. The Commission shall establish the time limits and acceptable methods for submitting such applications to the Department.

      3.  Any application for a restricted nonresident deer tag which contains an error or omission must be rejected and the fee for the tag returned to the applicant.

      4.  A person who is issued a restricted nonresident deer tag is not eligible to apply for any other deer tag issued in this State for the same hunting season as that restricted nonresident deer hunt.

      5.  All fees collected pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      Sec. 15. NRS 502.219 is hereby amended to read as follows:

      502.219  1.  A program is hereby established for the issuance of additional big game tags each year to be known as “Dream Tags.” The program must provide:

      (a) For the issuance of Dream Tags to either a resident or nonresident of this State;

      (b) For the issuance of one Dream Tag for each species of big game for which 50 or more tags were available under the quota established for the species by the Commission during the previous year; and

      (c) For the sale of Dream Tags to a nonprofit organization pursuant to this section.

 


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      2.  The Department shall administer the program and shall take such actions as the Department determines are necessary to carry out the provisions of this section and NRS 502.222 and 502.225.

      3.  A nonprofit organization established through the Community Foundation of Western Nevada which is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3) and which has as its principal purpose the preservation, protection, management or restoration of wildlife and its habitat may purchase such Dream Tags from the Department, at prices established by the Department, subject to the following conditions:

      (a) The nonprofit organization must agree to award the Dream Tags by raffle, with unlimited chances to be sold for $5 each to persons who purchase a resource enhancement stamp pursuant to NRS 502.222.

      (b) The nonprofit organization must agree to enter into a contract with a private entity that is approved by the Department which requires that the private entity agree to act as the agent of the nonprofit organization to sell chances to win Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags. For the purposes of this paragraph, a private entity that has entered into a contract with the Department pursuant to NRS 502.175 to conduct a drawing and to award and issue tags or permits as established by the Commission shall be deemed to be approved by the Department.

      (c) All money received by the nonprofit organization from the proceeds of the Dream Tag raffle, less the cost of the Dream Tags purchased by the nonprofit organization and any administrative costs charged by the Community Foundation of Western Nevada, must be used for the preservation, protection, management or restoration of game and its habitat, as determined by the Advisory Board on Dream Tags created by NRS 502.225.

      4.  All money received by the Department for Dream Tags pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      5.  The nonprofit organization shall, on or before February 1 of each year, report to the Department and the Interim Finance Committee concerning the Dream Tag program, including, without limitation:

      (a) The number of Dream Tags issued during the immediately preceding calendar year;

      (b) The total amount of money paid to the Department for Dream Tags during the immediately preceding calendar year;

      (c) The total amount of money received by the nonprofit organization from the proceeds of the Dream Tag raffle, the amount of such money expended by the nonprofit organization and a description of each project for which the money was spent; and

      (d) Any recommendations concerning the program or necessary legislation.

      6.  As used in this section, “big game tag” means a tag permitting a person to hunt any species of pronghorn antelope, bear, deer, mountain goat, mountain lion, bighorn sheep or elk.

      Sec. 16. NRS 502.222 is hereby amended to read as follows:

      502.222  1.  To be eligible to participate in the Dream Tag raffle, a person must purchase a resource enhancement stamp.

      2.  Resource enhancement stamps must be sold for a fee of $10 each by the Department and by persons authorized by the Department to sell the stamps.

 


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stamps. All money received by the Department for resource enhancement stamps pursuant to this section must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      3.  The Department shall determine the form of the stamps.

      Sec. 17. NRS 502.242 is hereby amended to read as follows:

      502.242  1.  In addition to any fee charged and collected for an annual hunting, trapping, fishing or combined hunting and fishing license pursuant to NRS 502.240, a habitat conservation fee of $3 must be paid.

      2.  Revenue from the habitat conservation fee must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife [Fund] Account and, except as otherwise provided in this subsection and NRS 502.294 and 502.310, used by the Department for the purposes of wildlife habitat rehabilitation and restoration. Each year, not more than 18 percent of the money credited to the Wildlife [Fund] Account from any revenue received pursuant to subsection 1 may be used to monitor wildlife and its habitat for those purposes.

      3.  The money in the Wildlife [Fund] Account credited pursuant to this section remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      Sec. 18. NRS 502.250 is hereby amended to read as follows:

      502.250  1.  The amount of the fee that must be charged for the following tags is:

 

Resident deer tag...................................................................................... $30

Resident antelope tag................................................................................. 60

Resident elk tag......................................................................................... 120

Resident bighorn sheep tag..................................................................... 120

Resident mountain goat tag................................................................... 120

Resident mountain lion tag....................................................................... 25

Nonresident deer tag................................................................................ 240

Nonresident antelope tag........................................................................ 300

Nonresident antlered elk tag................................................................ 1,200

Nonresident antlerless elk tag................................................................. 500

Nonresident bighorn sheep tag............................................................ 1,200

Nonresident mountain goat tag.......................................................... 1,200

Nonresident mountain lion tag............................................................... 100

 

      2.  The amount of the fee for other resident or nonresident big game tags must not exceed the highest fee for a resident or nonresident big game tag established pursuant to this section.

      3.  The amount of the fee for a tag determined to be necessary by the Commission for other species pursuant to NRS 502.130 must not exceed the highest fee for a resident or nonresident tag established pursuant to this section.

      4.  A fee not to exceed $10 may be charged for processing an application for a game species or permit other than an application for an elk. A fee of not less than $5 but not more than $15 must be charged for processing an application for an elk, $5 of which must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund and used for the prevention and mitigation of damage caused by elk or game mammals not native to this State.

 


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game mammals not native to this State. A fee of not less than $15 and not more than $50 must be charged for processing an application for a Silver State Tag.

      5.  The Commission may accept sealed bids for, or award through an auction or a Silver State Tag Drawing, or any combination thereof, not more than 15 big game tags and not more than 5 wild turkey tags each year. To reimburse the Department for the cost of managing wildlife and administering and conducting the bid, auction or Silver State Tag Drawing, not more than 18 percent of the total amount of money received from the bid, auction or Silver State Tag Drawing may be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund. Any amount of money received from the bid, auction or Silver State Tag Drawing that is not so deposited must be deposited with the State Treasurer for credit to the Wildlife Heritage [Trust] Account in the State General Fund in accordance with the provisions of NRS 501.3575.

      6.  The Commission may by regulation establish an additional drawing for big game tags, which may be entitled the Partnership in Wildlife Drawing. To reimburse the Department for the cost of managing wildlife and administering and conducting the drawing, not more than 18 percent of the total amount of money received from the drawing may be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund. Except as otherwise provided by regulations adopted by the Commission pursuant to subsection 7, the money received by the Department from applicants in the drawing who are not awarded big game tags must be deposited with the State Treasurer for credit to the Wildlife Heritage [Trust] Account in accordance with the provisions of NRS 501.3575.

      7.  The Commission may adopt regulations which authorize the return of all or a portion of any fee collected from a person pursuant to the provisions of this section.

      Sec. 19. NRS 502.253 is hereby amended to read as follows:

      502.253  1.  In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund and used by the Department for costs related to:

      (a) Programs for the management and control of injurious predatory wildlife;

      (b) Wildlife management activities relating to the protection of nonpredatory game animals, sensitive wildlife species and related wildlife habitat;

      (c) Conducting research, as needed, to determine successful techniques for managing and controlling predatory wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and

      (d) Programs for the education of the general public concerning the management and control of predatory wildlife.

      2.  The Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.

 


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      3.  Any program developed or wildlife management activity or research conducted pursuant to this section must be developed or conducted under the guidance of the Commission pursuant to subsection 2 of NRS 501.181.

      4.  The money in the Wildlife [Fund] Account credited pursuant to this section remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      Sec. 20. NRS 502.294 is hereby amended to read as follows:

      502.294  All money received pursuant to NRS 502.292 must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the program of documentation. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 21. NRS 502.310 is hereby amended to read as follows:

      502.310  All money received pursuant to NRS 502.300 must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund. The Department shall maintain separate accounting records for the receipt and expenditure of that money. An amount not to exceed 10 percent of that money may be used to reimburse the Department for the cost of administering the state duck stamp programs. This amount is in addition to compensation allowed persons authorized to issue and sell licenses.

      Sec. 22. NRS 502.322 is hereby amended to read as follows:

      502.322  1.  Before the Department may undertake any project using money received pursuant to NRS 502.300, it shall analyze the project and provide the Commission with recommendations as to the need for the project and its feasibility.

      2.  Money received pursuant to NRS 502.300 must be used for projects approved by the Commission for the protection , [and] propagation and management of migratory game birds, and for the acquisition, development and preservation of wetlands in Nevada.

      Sec. 23. NRS 502.410 is hereby amended to read as follows:

      502.410  1.  Any money received by the Department pursuant to NRS 502.400 must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      2.  The Department:

      (a) Shall maintain separate accounting records for the receipt and expenditure of any money pursuant to this section or NRS 502.400; and

      (b) Must use the money to operate and manage the Carson Lake Wildlife Management Area.

      Sec. 24. NRS 503.597 is hereby amended to read as follows:

      503.597  1.  Except as otherwise provided in this section, it is unlawful, except by the written consent and approval of the Department, for any person at any time to receive, bring or have brought or shipped into this State, or remove from one stream or body of water in this State to any other, or from one portion of the State to any other, or to any other state, any aquatic life or wildlife, or any spawn, eggs or young of any of them.

      2.  The Department shall require an applicant to conduct an investigation to confirm that such an introduction or removal will not be detrimental to the wildlife or the habitat of wildlife in this State. Written consent and approval of the Department may be given only if the results of the investigation prove that the introduction, removal or importation will not be detrimental to existing aquatic life or wildlife, or any spawn, eggs or young of any of them.

 


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consent and approval of the Department may be given only if the results of the investigation prove that the introduction, removal or importation will not be detrimental to existing aquatic life or wildlife, or any spawn, eggs or young of any of them.

      3.  The Commission may through appropriate regulation provide for the inspection of such introduced or removed creatures and the inspection fees therefor.

      4.  The Commission may adopt regulations to prohibit the importation, transportation or possession of any species of wildlife which the Commission deems to be detrimental to the wildlife or the habitat of the wildlife in this State.

      5.  A person who knowingly or intentionally introduces, causes to be introduced or attempts to introduce an aquatic invasive species or injurious aquatic species into any waters of this State is guilty of:

      (a) For a first offense, a misdemeanor; and

      (b) For any subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      6.  A court before whom a defendant is convicted of a violation of subsection 5 shall, for each violation, order the defendant to pay a civil penalty of at least $25,000 but not more than $250,000. The money must be deposited into the Wildlife [Fund] Account in the State General Fund and used to:

      (a) Remove the aquatic invasive species or injurious aquatic species;

      (b) Reintroduce any game fish or other aquatic wildlife destroyed by the aquatic invasive species or injurious aquatic species;

      (c) Restore any habitat destroyed by the aquatic invasive species or injurious aquatic species;

      (d) Repair any other damage done to the waters of this State by the introduction of the aquatic invasive species or injurious aquatic species; and

      (e) Defray any other costs incurred by the Department because of the introduction of the aquatic invasive species or injurious aquatic species.

      7.  The provisions of this section do not apply to:

      (a) Alternative livestock and products made therefrom; or

      (b) The introduction of any species by the Department for sport fishing or other wildlife management programs.

      8.  As used in this section:

      (a) “Aquatic invasive species” means an aquatic species which is exotic or not native to this State and which the Commission has determined to be detrimental to aquatic life, water resources or infrastructure for providing water in this State.

      (b) “Injurious aquatic species” means an aquatic species which the Commission has determined to be a threat to sensitive, threatened or endangered aquatic species or game fish or to the habitat of sensitive, threatened or endangered aquatic species or game fish by any means, including, without limitation:

             (1) Predation;

             (2) Parasitism;

             (3) Interbreeding; or

             (4) The transmission of disease.

      Sec. 25. NRS 504.155 is hereby amended to read as follows:

      504.155  All gifts, grants, fees and appropriations of money received by the Department for the prevention and mitigation of damage caused by elk or game mammals not native to this State, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the Wildlife [Fund] Account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.

 


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game mammals not native to this State, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the Wildlife [Fund] Account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.

      Sec. 26. NRS 321.385 is hereby amended to read as follows:

      321.385  The State Land Registrar, after consultation with the Division of Forestry of the State Department of Conservation and Natural Resources, may:

      1.  Sell timber from any land owned by the State of Nevada which is not assigned to the Department of Wildlife.

      2.  At the request of the Director of the Department of Wildlife, sell timber from any land owned by the State of Nevada which is assigned to the Department of Wildlife. Revenues from the sale of such timber must be deposited with the State Treasurer for credit to the Wildlife [Fund] Account in the State General Fund.

      Sec. 27. NRS 365.535 is hereby amended to read as follows:

      365.535  1.  It is declared to be the policy of the State of Nevada to apply the tax on motor vehicle fuel paid on fuel used in watercraft for recreational purposes during each calendar year, which is hereby declared to be not refundable to the consumer, for the:

      (a) Improvement of boating and the improvement, operation and maintenance of other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes; and

      (b) Payment of the costs incurred, in part, for the administration and enforcement of the provisions of chapter 488 of NRS.

      2.  The amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes must be determined annually by the Department by use of the following formula:

      (a) Multiplying the total boats with motors registered the previous calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76 gallons average fuel purchased per boat;

      (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as determined through a study conducted during 1969-1970 by the Division of Agricultural and Resource Economics, Max C. Fleischmann College of Agriculture, University of Nevada, Reno; and

      (c) Multiplying the total gallons determined by adding the total obtained under paragraph (a) to the figure in paragraph (b) times the rate of tax, per gallon, imposed on motor vehicle fuel used in watercraft for recreational purposes, less the percentage of the tax authorized to be deducted by the supplier pursuant to NRS 365.330.

      3.  The Department of Wildlife shall submit annually to the Department, on or before April 1, the number of boats with motors registered in the previous calendar year. On or before June 1, the Department, using that data, shall compute the amount of excise taxes paid on all motor vehicle fuel used in watercraft for recreational purposes based on the formula set forth in subsection 2, and shall certify the ratio for apportionment and distribution, in writing, to the Department of Wildlife and to the Division of State Parks of the State Department of Conservation and Natural Resources for the next fiscal year.

      4.  In each fiscal year, the State Treasurer shall, upon receipt of the tax money from the Department collected pursuant to the provisions of NRS 365.175 to 365.190, inclusive, allocate the amount determined pursuant to subsection 2, in proportions directed by the Legislature, to:

 


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NRS 365.175 to 365.190, inclusive, allocate the amount determined pursuant to subsection 2, in proportions directed by the Legislature, to:

      (a) The Wildlife [Fund] Account in the State General Fund. This money may be expended only for the administration and enforcement of the provisions of chapter 488 of NRS and for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities associated with boating. Any money received in excess of the amount authorized by the Legislature to be expended for such purposes must be retained in the Wildlife [Fund] Account.

      (b) The Division of State Parks of the State Department of Conservation and Natural Resources. Such money may be expended only as authorized by the Legislature for the improvement, operation and maintenance of boating facilities and other outdoor recreational facilities located in any state park that includes a body of water used for recreational purposes.

      Sec. 28. NRS 488.075 is hereby amended to read as follows:

      488.075  1.  The owner of each motorboat requiring numbering by this State shall file an application for a number and for a certificate of ownership with the Department on forms approved by it accompanied by:

      (a) Proof of payment of Nevada sales or use tax as evidenced by proof of sale by a Nevada dealer or by a certificate of use tax paid issued by the Department of Taxation, or by proof of exemption from those taxes as provided in NRS 372.320.

      (b) Such evidence of ownership as the Department may require.

Ê The Department shall not issue a number, a certificate of number or a certificate of ownership until this evidence is presented to it.

      2.  The application must be signed by the owner of the motorboat and must be accompanied by a fee of $20 for the certificate of ownership and a fee according to the following schedule as determined by the straight line length which is measured from the tip of the bow to the back of the transom of the motorboat:

 

Less than 13 feet...................................................................................... $20

13 feet or more but less than 18 feet....................................................... 25

18 feet or more but less than 22 feet....................................................... 40

22 feet or more but less than 26 feet....................................................... 55

26 feet or more but less than 31 feet....................................................... 75

31 feet or more ......................................................................................... 100

 

Except as otherwise provided in this subsection, all fees received by the Department under the provisions of this chapter must be deposited in the Wildlife [Fund] Account in the State General Fund and, except as otherwise provided in NRS 488.536, may be expended only for the administration and enforcement of the provisions of this chapter. On or before December 31 of each year, the Department shall deposit with the respective county school districts 50 percent of each fee collected according to the motorboat’s length for every motorboat registered from their respective counties. Upon receipt of the application in approved form, the Department shall enter the application upon the records of its office and issue to the applicant a certificate of number stating the number awarded to the motorboat, a certificate of ownership stating the same information and the name and address of the registered owner and the legal owner.

 


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      3.  A certificate of number may be renewed each year by the purchase of a validation decal. The fee for a validation decal is determined by the straight line length of the motorboat and is equivalent to the fee set forth in the schedule provided in subsection 2. The amount of the fee for issuing a duplicate validation decal is $20.

      4.  The owner shall paint on or attach to each side of the bow of the motorboat the identification number in such manner as may be prescribed by regulations of the Commission in order that the number may be clearly visible. The number must be maintained in legible condition.

      5.  The certificate of number must be available at all times for inspection on the motorboat for which issued, whenever the motorboat is in operation.

      6.  The Commission shall provide by regulation for the issuance of numbers to manufacturers and dealers which may be used interchangeably upon motorboats operated by the manufacturers and dealers in connection with the demonstration, sale or exchange of those motorboats. The amount of the fee for each such a number is $20.

      Sec. 29. NRS 488.536 is hereby amended to read as follows:

      488.536  1.  Except as otherwise provided in subsection 6, a person shall not operate a vessel on the waters of this State unless the person has:

      (a) Paid to the Department the aquatic invasive species fee established pursuant to subsection 4; and

      (b) Attached the aquatic invasive species decal issued pursuant to subsection 2 to the port side transom of the vessel so that the decal is distinctly visible.

      2.  The Department shall issue to a person who pays the fee established pursuant to subsection 4 an aquatic invasive species decal as evidence of the payment of the aquatic invasive species fee.

      3.  Aquatic invasive species decals expire at the end of each calendar year. Only the decal for the current year may be displayed on a vessel.

      4.  The Commission shall establish by regulation an aquatic invasive species fee, which:

      (a) For a motorboat which is owned or operated by a person who is a resident of this State, must not exceed $10;

      (b) For a vessel, other than a motorboat, which is owned or operated by a person who is a resident of this State, must not exceed $5;

      (c) For a motorboat which is owned or operated by a nonresident of this State, must be $20; and

      (d) For a vessel, other than a motorboat, which is owned or operated by a nonresident of this State, must be $10.

      5.  The aquatic invasive species fee established pursuant to subsection 4 must be paid annually for the issuance of an aquatic invasive species decal. The fee must be deposited in the Wildlife [Fund] Account in the State General Fund and used by the Department for enforcement of this section [,] and NRS 488.530, 488.533 and 503.597 and for education about and management of aquatic invasive species.

      6.  The provisions of this section do not apply to a person who operates a vessel on the waters of:

      (a) The Colorado River, Lake Mead or Lake Mohave if, as determined by the Department, the vessel is registered in Arizona and Arizona has a program in effect for the management of aquatic invasive species; or

 

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