[Rev. 10/12/2015 12:44:02 PM]

Link to Page 104

 

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ê2015 Statutes of Nevada, Page 105 (Chapter 24, AB 82)ê

 

      (b) Lake Tahoe or Topaz Lake if, as determined by the Department, the vessel is registered in California and California has a program in effect for the management of aquatic invasive species.

      Sec. 30.  The Legislative Counsel shall:

      1.  In preparing the Nevada Revised Statutes, make such changes as necessary so that references to the “Wildlife Fund Account” and the “Wildlife Heritage Trust Account” are changed to the “Wildlife Account” and “Wildlife Heritage Account,” respectively; and

      2.  In preparing supplements to the Nevada Administrative Code, make such changes as necessary so that references to the “Wildlife Fund Account” and the “Wildlife Heritage Trust Account” are changed to the “Wildlife Account” and “Wildlife Heritage Account,” respectively.

      Sec. 31.  1.  This section and sections 1 to 22, inclusive, and 24 to 30, inclusive, of this act become effective on July 1, 2015.

      2.  Section 23 of this act becomes effective upon the conveyance of the Carson Lake Pasture to the State of Nevada in accordance with chapter 209, Statutes of Nevada 1993, at page 447.

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CHAPTER 25, SB 109

Senate Bill No. 109–Senator Settelmeyer

 

Joint Sponsor: Assemblywoman Titus

 

CHAPTER 25

 

[Approved: April 28, 2015]

 

AN ACT relating to county-owned telephone systems; authorizing a board of county commissioners to sell or lease such a system without acceptance or rejection by the registered voters of the county under certain circumstances; revising the manner in which the sale or lease of such a system is conducted; requiring the board to consider certain factors in accepting or rejecting an offer to purchase or lease such a system; exempting from open meeting requirements certain meetings of the board regarding the sale or lease of such a system; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the board of county commissioners of a county which owns a telephone system to initiate proceedings to sell or lease the system by adopting a resolution proposing the sale or lease of the system. If the board adopts the resolution, the board is required to place the issue on a ballot for approval by the registered voters of the county. (NRS 710.151) Existing law also provides that, if approved by the voters, the telephone system must be advertised for sale or lease in a newspaper with countywide distribution. (NRS 710.159) Section 1 of this bill authorizes a board of county commissioners to initiate proceedings to sell or lease a county-owned telephone system by adopting a resolution to evaluate the propriety of receiving offers for the sale or lease of the system and without the requirement of holding a primary or general election or obtaining approval of the registered voters of the county. Section 4 of this bill requires a board of county commissioners that adopts a resolution to receive offers to sell a county-owned telephone system to contract with an expert to market and sell or lease the telephone system in a commercially reasonable manner, removing the requirement for newspaper advertisements.

 


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ê2015 Statutes of Nevada, Page 106 (Chapter 25, SB 109)ê

 

commercially reasonable manner, removing the requirement for newspaper advertisements. Section 4 also provides that the board is not required to accept the highest bid, but must consider other factors, including the preservation of jobs, future revenue and local control of the telephone system. Finally, section 4 requires that, at least 3 days before the board votes to accept or reject a proposed sale or lease, a notice must be published at least once in a local newspaper. Section 5 of this bill repeals certain provisions concerning the holding of a special election for the sale or lease of the telephone system and the consolidation of voting precincts.

 

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 710.151 is hereby amended to read as follows:

      710.151  1.  Proceedings to sell or lease a county-owned telephone system may be instituted by:

      (a) Twenty-five percent or more of the freeholders of the county filing a petition with the board of county commissioners requesting the sale or lease of the system; or

      (b) The adoption of a resolution by the board of county commissioners proposing to [sell] evaluate the propriety of receiving offers for the sale or lease of the system [.] and to receive offers.

      2.  After receipt of a petition provided for in paragraph (a) of subsection 1 , [or pursuant to a resolution adopted pursuant to the provisions of paragraph (b) of subsection 1,] the board of county commissioners shall cause the proposal contained in the petition to be placed upon the ballot of the next primary or general election for acceptance or rejection by the registered voters of the county.

      3.  The adoption of a resolution [adopted] pursuant to the provisions of paragraph (b) of subsection 1 [must:

      (a) Call an election for submission of the question of the sale or lease of the system;

      (b) Designate whether the election will be consolidated with the next primary or general election, or will be a special election which the board of county commissioners is authorized to call; and

      (c) Fix the date of the election.

      4.  A special election may be held only if the board of county commissioners determines, by a unanimous vote, that an emergency exists. The determination made by the board is conclusive unless it is shown that the board acted with fraud or a gross abuse of discretion. An action to challenge the determination made by the board must be commenced within 15 days after the board’s determination is final. As used in this subsection, “emergency” means any unexpected occurrence or combination of occurrences which requires immediate action by the board of county commissioners to prevent or mitigate a substantial financial loss to the county or to enable the board to provide an essential service to the residents of the county.] does not require a sale or lease to be completed by the board of county commissioners.

      Sec. 2. NRS 710.152 is hereby amended to read as follows:

      710.152  When proceedings are instituted to sell or lease a county-owned telephone system [,] pursuant to paragraph (a) of subsection 1 of NRS 710.151, the district attorney shall draft the measure and an explanation thereof for submission to the registered voters.

 


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ê2015 Statutes of Nevada, Page 107 (Chapter 25, SB 109)ê

 

NRS 710.151, the district attorney shall draft the measure and an explanation thereof for submission to the registered voters.

      Sec. 3. NRS 710.153 is hereby amended to read as follows:

      710.153  [1.]  If the question of the sale or lease of the county-owned telephone system is submitted at a general election, no notice of registration of electors is required other than that required by the general election laws for such election. [If the question is submitted at a special election, the county clerk shall cause to be published at least once a week for 5 consecutive weeks by five weekly insertions a week apart, the first publication to be not more than 60 days nor less than 45 days next preceding the election, in a newspaper published within the county and having a general circulation therein, a notice signed by the county clerk to the effect that registration for the special election will be closed on a date and time designated therein, as provided in this section.

      2.  Except as otherwise provided in this subsection, the office of the county clerk must be open for such a special election from 9 a.m. to 12 m. and from 1 p.m. to 5 p.m. on Mondays through Fridays, with Saturdays, Sundays and legal holidays excepted, for the registration of any qualified elector. The office of the county clerk must be open during the last days of registration as provided in subsection 2 of NRS 293.560.

      3.  The office of the county clerk must be opened for registration of voters for the special election from and including the 20th day next preceding the election and up to but excluding the 10th day next preceding the election and during regular office hours.]

      Sec. 4. NRS 710.159 is hereby amended to read as follows:

      710.159  1.  If, at the primary [,] or general [or special] election, it is shown that a majority of the ballots cast favors the sale or lease of the telephone system, or the board of county commissioners has adopted a resolution pursuant to paragraph (b) of subsection 1 of NRS 710.151, the board of county commissioners shall contract with a reputable and qualified expert in rural telecommunications to appraise the value of the telephone system. Except as otherwise provided in NRS 239.0115, the appraisal is confidential and must not be disclosed before the completion of the sale or lease of the telephone system.

      2.  Upon the return of the appraisal, the board of county commissioners shall [advertise the sale or lease, for a term of years agreed upon by the board, of the telephone system by notice published at least once a week for 5 consecutive weeks by five weekly insertions a week apart in a newspaper published within the county and having a general circulation therein. After publication of the first such notice,] contract with a reputable and qualified expert in rural telecommunications, other than the expert who provided the appraisal pursuant to subsection 1, to market and sell or lease the telephone system in a commercially reasonable manner. After entering into the contract, the board or its authorized representatives may enter into negotiations for the sale or lease of the telephone system. If the notice is for the sale of the telephone system, the board shall not accept a sum less than the amount of the appraisal of the telephone system. [If the notice is for the lease of the telephone system, the board shall not accept a sum less than an amount to realize not less than 7 percent per annum upon the value of the telephone system as so appraised.] If the telephone system is leased, the board shall safeguard the county’s interest by demanding a bond for the faithful performance of the covenants contained in the lease.

 


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ê2015 Statutes of Nevada, Page 108 (Chapter 25, SB 109)ê

 

faithful performance of the covenants contained in the lease. The board may reject any and all offers made for such a sale or lease.

      3.  The board of county commissioners is not obligated to accept the highest bid for the purchase or lease of the telephone system and shall consider, without limitation:

      (a) The return on investment to the county;

      (b) The preservation of existing jobs and future employment opportunities within the county;

      (c) The preservation of future revenue generated by the telephone system within the county; and

      (d) The likelihood of local control and management of the telephone system.

      4.  Not less than 3 days before the board of county commissioners votes to accept or reject a sale or lease of the telephone system, the board shall cause a notice of the proposed sale or lease to be published at least once in a newspaper published in the county, or if no such newspaper is published, then a newspaper published in this State that has a general circulation in the county.

      5.  A meeting of the board of county commissioners held to consider the general objectives for a sale or lease, including, without limitation, terms and conditions acceptable to the board, is not subject to the provisions of chapter 241 of NRS. The provisions of this subsection do not apply to any vote by the board to seek offers or to accept an offer.

      Sec. 5. NRS 710.155 and 710.157 are hereby repealed.

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

________

CHAPTER 26, SB 459

Senate Bill No. 459–Committee on Health and Human Services

 

CHAPTER 26

 

[Approved: May 5, 2015]

 

AN ACT relating to controlled substances; enacting the Good Samaritan Drug Overdose Act; authorizing certain health care professionals to prescribe and dispense an opioid antagonist to certain persons under certain circumstances; providing immunity from civil and criminal liability and professional discipline for such prescribing and dispensing of an opioid antagonist; providing criminal and other immunity for persons who seek medical assistance for a person who is experiencing a drug or alcohol overdose under certain circumstances; authorizing certain licensing boards to require that certain persons registered by the State Board of Pharmacy receive periodic training concerning the misuse and abuse of controlled substances; authorizing the imposition of disciplinary action for failure to complete such training; requiring that certain information concerning a prescription for a controlled substance be uploaded to the database of a certain computerized program; revising requirements for certain persons to access a certain computerized program before initiating certain prescriptions for a controlled substance; providing a penalty; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 109 (Chapter 26, SB 459)ê

 

Legislative Counsel’s Digest:

      Sections 2-12 of this bill enact the Good Samaritan Drug Overdose Act, the provisions of which have been enacted in part or in entirety by at least 28 other states.

      Under existing law, certain health care professionals may prescribe, dispense or otherwise furnish an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose. (Chapter 454 of NRS) Section 7 of this bill authorizes certain physicians, physician assistants and advanced practice registered nurses to prescribe and dispense an opioid antagonist to a family member, friend or other person who is in a position to assist a person at risk of experiencing an opioid-related drug overdose and provides immunity from civil and criminal liability and professional discipline for doing so or declining to do so. Section 8 of this bill authorizes the storage and dispensing of opioid antagonists by certain persons who are not registered or licensed by the State Board of Pharmacy. Section 9 of this bill provides for the development of standardized procedures and protocols under which a registered pharmacist may furnish an opioid antagonist.

      Existing law establishes criminal liability for various activities relating to controlled substances. (Chapter 453 of NRS) Section 12 of this bill provides that a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating: (1) certain provisions of existing law governing controlled substances; (2) a restraining order; or (3) a condition of the person’s parole or probation, if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was gained as a result of the person’s seeking such medical assistance. Section 12 also provides that the act of seeking such assistance may be raised in mitigation in connection with certain other crimes.

      Existing law requires every practitioner or other person who dispenses a controlled substance within this State to register biennially with the State Board of Pharmacy. (NRS 453.226) Sections 15.1-15.9 of this bill authorize the professional licensing boards of the various practitioners who are eligible for such registration to: (1) require their licensees who are registered to dispense a controlled substance to periodically complete certain training concerning the misuse and abuse of controlled substances; and (2) impose disciplinary action on a practitioner who fails to do so.

      Existing law requires the State Board of Pharmacy and the Investigation Division of the Department of Public Safety to cooperatively develop a computerized program to track each prescription for a controlled substance. Persons who prescribe or dispense controlled substances can choose to access the database of the program and are given access to the database after receiving a course of training developed by the Board and the Division. (NRS 453.1545) Section 13 of this bill requires each person who dispenses a controlled substance to upload certain information to the database of the program not later than the end of the next business day after dispensing the controlled substance.

      Existing law requires a practitioner to obtain a patient utilization report regarding a patient before writing a prescription for a controlled substance if the patient is a new patient or a current patient who has not received a prescription for a controlled substance from the practitioner in the preceding 12 months. (NRS 639.23507) Section 16 of this bill: (1) requires a practitioner to obtain a patient utilization report before initiating certain prescriptions for a controlled substance; (2) exempts from liability a practitioner who fails to obtain such a report under certain circumstances; and (3) requires the Board to adopt regulations to provide alternative methods of complying with the requirement to obtain such a report for a physician who provides services in a hospital emergency department.

 


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ê2015 Statutes of Nevada, Page 110 (Chapter 26, SB 459)ê

 

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

 

      Whereas, The Nevada Legislature finds and declares that overdose deaths from drug or alcohol use is a major public health and safety problem in Nevada and in the United States, such that overdose deaths now annually exceed those caused by homicide or vehicle collisions; and

      Whereas, The use and abuse of both legal and illegal substances, especially opioids, has increased in Nevada at an alarming rate, contributing to addiction, crime, incarceration and imprisonment, mental illness, suicide, family breakdown, and increased costs of medical and mental health treatment for youth and adults in Nevada; and

      Whereas, Overdose death is preventable through the timely administration of safe, effective, nonnarcotic antidote drugs which reverse the effects of opioid overdose in minutes, are not controlled substances, and have no abuse potential; and

      Whereas, Effective and successful opioid overdose prevention programs have been implemented in 25 states, and such efforts are now encouraged and promoted by the American Medical Association, the United States Conference of Mayors, the National Office of Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the United States Department of Justice, the National Association of Boards of Pharmacy, the American Public Health Association, the National Association of State Alcohol and Drug Abuse Directors, the National Association of Drug Court Professionals and countless more law enforcement and treatment professionals; and

      Whereas, Numerous states have implemented “911 Good Samaritan Statutes” encouraging citizens and professionals to seek or provide overdose reversal and emergency medical assistance to persons who appear to be experiencing a drug or alcohol overdose, and have provided for immunity from civil, criminal and professional liability for such actions; and

      Whereas, The implementation of an opioid overdose prevention policy and “911 Good Samaritan Statutes” are in the best interest of Nevadans and such lifesaving practices and programs should be established, recognized, encouraged and implemented in Nevada to be available to residents and visitors; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. This chapter may be cited as the Good Samaritan Drug Overdose Act.

      Sec. 3. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 4, 5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 4. 1.  “Health care professional” means a physician, a physician assistant or an advanced practice registered nurse.

      2.  As used in this section:

      (a) “Advanced practice registered nurse” has the meaning ascribed to it in NRS 632.012.

 


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ê2015 Statutes of Nevada, Page 111 (Chapter 26, SB 459)ê

 

      (b) “Physician” means a physician licensed pursuant to chapter 630 or 633 of NRS.

      (c) “Physician assistant” means a physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      Sec. 5. “Opioid antagonist” means any drug that binds to opioid receptors and blocks or disinhibits the effects of opioids acting on those receptors. The term includes, without limitation, naloxone hydrochloride.

      Sec. 6. “Opioid-related drug overdose” means a condition including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma or death resulting from the consumption or use of an opioid, or another substance with which an opioid was combined, or that an ordinary layperson would reasonably believe to be an opioid-related drug overdose that requires medical assistance.

      Sec. 7. 1.  Notwithstanding any other provision of law, a health care professional otherwise authorized to prescribe an opioid antagonist may, directly or by standing order, prescribe and dispense an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend or other person in a position to assist a person at risk of experiencing an opioid-related drug overdose. Any such prescription must be regarded as being issued for a legitimate medical purpose in the usual course of professional practice.

      2.  A person who, acting in good faith and with reasonable care, prescribes or dispenses an opioid antagonist pursuant to subsection 1, is not subject to any criminal or civil liability or any professional disciplinary action for:

      (a) Such prescribing or dispensing; or

      (b) Any outcomes that result from the eventual administration of the opioid antagonist.

      3.  Notwithstanding any other provision of law:

      (a) Any person, including, without limitation, a law enforcement officer, acting in good faith, may possess and administer an opioid antagonist to another person whom he or she reasonably believes to be experiencing an opioid-related drug overdose.

      (b) An emergency medical technician, advanced emergency medical technician or paramedic, as defined in chapter 450B of NRS, is authorized to administer an opioid antagonist as clinically indicated.

      4.  A person who, acting in good faith and with reasonable care, administers an opioid antagonist to another person whom the person believes to be experiencing an opioid-related drug overdose is immune from criminal prosecution, sanction under any professional licensing statute and civil liability for such act.

      5.  The provisions of this section do not create any duty to prescribe or dispense an opioid antagonist. A person who declines to prescribe or dispense an opioid antagonist is not subject to any criminal or civil liability or any professional discipline for any reason relating to declining to prescribe or dispense the opioid antagonist.

      Sec. 8. Notwithstanding any other provision of law, a person acting under a standing order issued by a health care professional who is otherwise authorized to prescribe an opioid antagonist may store an opioid antagonist without being subject to the registration and licensing provisions of chapter 639 of NRS and may dispense an opioid antagonist if those activities are undertaken without charge or compensation.

 


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ê2015 Statutes of Nevada, Page 112 (Chapter 26, SB 459)ê

 

provisions of chapter 639 of NRS and may dispense an opioid antagonist if those activities are undertaken without charge or compensation.

      Sec. 9. 1.  Notwithstanding any other provision of law, a registered pharmacist may furnish an opioid antagonist in accordance with standardized procedures or protocols developed and approved by the State Board of Pharmacy pursuant to this section.

      2.  The State Board of Pharmacy may, in consultation with representatives of the Nevada Pharmacist Association, other appropriate professional licensing boards, state agencies and other interested parties, develop standardized procedures or protocols to enable a registered pharmacist and other appropriate entities to furnish an opioid antagonist pursuant to this section.

      3.  Standardized procedures or protocols adopted pursuant to this section must ensure that a person receive education before being furnished with an opioid antagonist pursuant to this section. The education must include, without limitation:

      (a) Information concerning the prevention and recognition of and responses to opioid-related drug overdoses;

      (b) Methods for the safe administration of opioid antagonists to a person experiencing an opioid-related drug overdose;

      (c) Potential side effects and adverse events connected with the administration of opioid antagonists;

      (d) The importance of seeking emergency medical assistance for a person experiencing an opioid-related drug overdose even after the administration of an opioid antagonist; and

      (e) Information concerning the provisions of section 12 of this act.

      4.  A pharmacist shall, before furnishing an opioid antagonist pursuant to this section, complete a training program on the use of opioid antagonists. The program must include at least 1 hour of approved continuing education on the use of opioid antagonists.

      5.  This section does not:

      (a) Affect any provision of law concerning the confidentiality of medical information.

      (b) Confer any authority on a registered pharmacist to prescribe an opioid antagonist or any other prescription medication or controlled substance.

      Sec. 10. 1.  The Department of Health and Human Services may engage in efforts to ascertain and document the number, trends, patterns and risk factors related to fatalities caused by unintentional opioid-related drug overdoses and other drug overdoses.

      2.  The Department of Health and Human Services may publish an annual report that:

      (a) Presents the information acquired pursuant to subsection 1; and

      (b) Provides information concerning interventions that may be effective in reducing fatal and nonfatal opioid-related drug overdoses and other drug overdoses, including, without limitation, the use of opioid analgesic drugs that contain abuse-deterrent mechanisms and access to such drugs.

      Sec. 11. The Department of Health and Human Services may, within the limits of available money, award grants for:

      1.  Educational programs for the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;

 


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ê2015 Statutes of Nevada, Page 113 (Chapter 26, SB 459)ê

 

      2.  Training programs for patients who receive opioid antagonists and for the families and caregivers of such patients concerning the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses;

      3.  Projects to encourage, when appropriate, the prescription and distribution of opioid antagonists; and

      4.  Education and training programs on the prevention and recognition of and responses to opioid-related drug overdoses and other drug overdoses for members and volunteers of law enforcement agencies and agencies that provide emergency medical services and other emergency services.

      Sec. 12. 1.  Notwithstanding any other provision of law, a person who, in good faith, seeks medical assistance for a person who is experiencing a drug or alcohol overdose or other medical emergency or who seeks such assistance for himself or herself, or who is the subject of a good faith request for such assistance may not be arrested, charged, prosecuted or convicted, or have his or her property subjected to forfeiture, or be otherwise penalized for violating:

      (a) Except as otherwise provided in subsection 4, a provision of chapter 453 of NRS relating to:

             (1) Drug paraphernalia, including, without limitation, NRS 453.554 to 453.566, inclusive;

             (2) Possession, unless it is for the purpose of sale or violates the provisions of NRS 453.3385, subsection 2 of NRS 453.3393, 453.3395 or 453.3405; or

             (3) Use of a controlled substance, including, without limitation, NRS 453.336.

      (b) A local ordinance as described in NRS 453.3361 that establishes an offense that is similar to an offense set forth in NRS 453.366;

      (c) A restraining order; or

      (d) A condition of the person’s parole or probation,

Ê if the evidence to support the arrest, charge, prosecution, conviction, seizure or penalty was obtained as a result of the person seeking medical assistance.

      2.  A court, before sentencing a person who has been convicted of a violation of chapter 453 of NRS for which immunity is not provided by this section, shall consider in mitigation any evidence or information that the defendant, in good faith, sought medical assistance for a person who was experiencing a drug or alcohol overdose or other life-threatening emergency in connection with the events that constituted the violation.

      3.  For the purposes of this section, a person seeks medical assistance if the person:

      (a) Reports a drug or alcohol overdose or other medical emergency to a member of a law enforcement agency, a 911 emergency service, a poison control center, a medical facility or a provider of emergency medical services;

      (b) Assists another person making such a report;

      (c) Provides care to a person who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance; or

 


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      (d) Delivers a person who is experiencing a drug or alcohol overdose or other medical emergency to a medical facility and notifies the appropriate authorities.

      4.  The provisions of this section do not prohibit any governmental entity from taking any actions required or authorized by chapter 432B of NRS relating to the abuse or neglect of a child.

      5.  As used in this section, “drug or alcohol overdose” means a condition, including, without limitation, extreme physical illness, a decreased level of consciousness, respiratory depression, coma, mania or death which is caused by the consumption or use of a controlled substance or alcohol, or another substance with which a controlled substance or alcohol was combined, or that an ordinary layperson would reasonably believe to be a drug or alcohol overdose that requires medical assistance.

      Sec. 13. NRS 453.1545 is hereby amended to read as follows:

      453.1545  1.  The Board and the Division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy that is registered with the Board or that is dispensed by a practitioner who is registered with the Board. The program must:

      (a) Be designed to provide information regarding:

             (1) The inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies to prevent the improper or illegal use of those controlled substances; and

             (2) Statistical data relating to the use of those controlled substances that is not specific to a particular patient.

      (b) Be administered by the Board, the Investigation Division, the Division of Public and Behavioral Health of the Department and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the Board and the Investigation Division.

      (c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.

      (d) Include the contact information of each person who [elects] is required to access the database of the program pursuant to subsection 2, including, without limitation:

             (1) The name of the person;

             (2) The physical address of the person;

             (3) The telephone number of the person; and

             (4) If the person maintains an electronic mail address, the electronic mail address of the person.

      (e) To the extent that money is available, include:

             (1) A means by which a practitioner may designate in the database of the program that he or she suspects that a patient is seeking a prescription for a controlled substance for an improper or illegal purpose. If the Board reviews the designation and determines that such a designation is warranted, the Board shall inform pharmacies, practitioners and appropriate state agencies that the patient is seeking a prescription for a controlled substance for an improper or illegal purpose as described in subparagraph (1) of paragraph (a).

             (2) The ability to integrate the records of patients in the database of the program with the electronic health records of practitioners.

 


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      2.  Except as otherwise provided in this subsection, each person registered pursuant to this chapter to dispense a controlled substance listed in Schedule II, III or IV shall, not later than the end of the next business day after dispensing a controlled substance, upload to the database of the program established pursuant to subsection 1 the information described in paragraph (d) of subsection 1. The requirements of this subsection do not apply if the controlled substance is administered directly by a practitioner to a patient in a health care facility, as defined in NRS 439.960, a child who is a resident in a child care facility, as defined in NRS 432A.024, or a prisoner, as defined in NRS 208.085. The Board shall establish by regulation and impose administrative penalties for the failure to upload information pursuant to this subsection.

      3.  The Board shall provide Internet access to the database of the program established pursuant to subsection 1 to each practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who [:

      (a)Elects to access the database of the program; and

      (b)Completes] completes the course of instruction described in subsection [7.] 8.

      [3.]4.  The Board and the Division must have access to the program established pursuant to subsection 1 to identify any suspected fraudulent or illegal activity related to the dispensing of controlled substances.

      [4.]5.  The Board or the Division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.

      [5.]6.  The Board and the Division may cooperatively enter into a written agreement with an agency of any other state to provide, receive or exchange information obtained by the program with a program established in that state which is substantially similar to the program established pursuant to subsection 1, including, without limitation, providing such state access to the database of the program or transmitting information to and receiving information from such state. Any information provided, received or exchanged as part of an agreement made pursuant to this section may only be used in accordance with the provisions of this chapter.

      [6.]7.  Information obtained from the program relating to a practitioner or a patient is confidential and, except as otherwise provided by this section and NRS 239.0115, must not be disclosed to any person. That information must be disclosed:

      (a) Upon the request of a person about whom the information requested concerns or upon the request on behalf of that person by his or her attorney; or

      (b) Upon the lawful order of a court of competent jurisdiction.

      [7.]8.  The Board and the Division shall cooperatively develop a course of training for persons [who elect] required to access the database of the program pursuant to subsection 2 and require each such person to complete the course of training before the person is provided with Internet access to the database pursuant to subsection [2.] 3.

      [8.]9.  A practitioner who is authorized to write prescriptions for and each person who is authorized to dispense controlled substances listed in schedule II, III or IV who acts with reasonable care when transmitting to the Board or the Division a report or information required by this section or a regulation adopted pursuant thereto is immune from civil and criminal liability relating to such action.

 


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Board or the Division a report or information required by this section or a regulation adopted pursuant thereto is immune from civil and criminal liability relating to such action.

      [9.]10.  The Board and the Division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.

      Secs. 14 and 15. (Deleted by amendment.)

      Sec. 15.1. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. Any licensee may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.2. NRS 630.306 is hereby amended to read as follows:

      630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

      (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

      (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.

      4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.

      6.  Performing, without first obtaining the informed consent of the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

      7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      8.  Habitual intoxication from alcohol or dependency on controlled substances.

      9.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      10.  Failing to comply with the requirements of NRS 630.254.

      11.  Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

 


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without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

      12.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      13.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      14.  Operation of a medical facility at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      15.  Failure to comply with the requirements of NRS 630.373.

      16.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      17.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      18.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      19.  Failure to obtain any training required by the Board pursuant to section 15.1 of this act.

      Sec. 15.3. Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each holder of a license to practice dentistry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. Any such holder of a license may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.4. NRS 631.3475 is hereby amended to read as follows:

      631.3475  The following acts, among others, constitute unprofessional conduct:

      1.  Malpractice;

      2.  Professional incompetence;

      3.  Suspension or revocation of a license to practice dentistry, the imposition of a fine or other disciplinary action by any agency of another state authorized to regulate the practice of dentistry in that state;

      4.  More than one act by the dentist or dental hygienist constituting substandard care in the practice of dentistry or dental hygiene;

 


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      5.  Administering, dispensing or prescribing any controlled substance or any dangerous drug as defined in chapter 454 of NRS, if it is not required to treat the dentist’s patient;

      6.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS;

      7.  Chronic or persistent inebriety or addiction to a controlled substance, to such an extent as to render the person unsafe or unreliable as a practitioner, or such gross immorality as tends to bring reproach upon the dental profession;

      8.  Conviction of a felony or misdemeanor involving moral turpitude or which relates to the practice of dentistry in this State, or conviction of any criminal violation of this chapter;

      9.  Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

      10.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      11.  Failure to obtain any training required by the Board pursuant to section 15.3 of this act.

      Sec. 15.5. Chapter 632 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each advanced practice registered nurse who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. An advanced practice registered nurse may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.55. NRS 632.320 is hereby amended to read as follows:

      632.320  1.  The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:

      (a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.

      (b) Is guilty of any offense:

 

 

 


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             (1) Involving moral turpitude; or

             (2) Related to the qualifications, functions or duties of a licensee or holder of a certificate,

Ê in which case the record of conviction is conclusive evidence thereof.

      (c) Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Is unfit or incompetent by reason of gross negligence or recklessness in carrying out usual nursing functions.

      (e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.

      (f) Is a person with mental incompetence.

      (g) Is guilty of unprofessional conduct, which includes, but is not limited to, the following:

             (1) Conviction of practicing medicine without a license in violation of chapter 630 of NRS, in which case the record of conviction is conclusive evidence thereof.

             (2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.

             (3) Impersonating another licensed practitioner or holder of a certificate.

             (4) Permitting or allowing another person to use his or her license or certificate to practice as a licensed practical nurse, registered nurse, nursing assistant or medication aide - certified.

             (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.

             (6) Physical, verbal or psychological abuse of a patient.

             (7) Conviction for the use or unlawful possession of a controlled substance or dangerous drug as defined in chapter 454 of NRS.

      (h) Has willfully or repeatedly violated the provisions of this chapter. The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.

      (i) Is guilty of aiding or abetting any person in a violation of this chapter.

      (j) Has falsified an entry on a patient’s medical chart concerning a controlled substance.

      (k) Has falsified information which was given to a physician, pharmacist, podiatric physician or dentist to obtain a controlled substance.

      (l) Has knowingly procured or administered a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

 


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      (m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.

      (n) Has engaged in conduct likely to deceive, defraud or endanger a patient or the general public.

      (o) Has willfully failed to comply with a regulation, subpoena or order of the Board.

      (p) Has operated a medical facility at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      (q) Is an advanced practice registered nurse who has failed to obtain any training required by the Board pursuant to section 15.5 of this act.

      2.  For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense. The Board may take disciplinary action pending the appeal of a conviction.

      3.  A licensee or certificate holder is not subject to disciplinary action solely for administering auto-injectable epinephrine pursuant to a valid order issued pursuant to NRS 630.374 or 633.707.

      Sec. 15.6. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each osteopathic physician or physician assistant who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. Any licensee may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.65. NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

      (a) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      (b) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

      (e) Any felony involving the use of a firearm or other deadly weapon;

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

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

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

      (i) Any offense involving moral turpitude.

      3.  The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

 


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      4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of NRS 633.694.

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      11.  Signing a blank prescription form.

      12.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      13.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      14.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      15.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      16.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      17.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      18.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      19.  Failure to comply with the provisions of NRS 633.165.

 


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      20.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      21.  Failure to obtain any training required by the Board pursuant to section 15.6 of this act.

      Sec. 15.7. Chapter 635 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each holder of a license to practice podiatry who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. Any such holder of a license may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.75. NRS 635.130 is hereby amended to read as follows:

      635.130  1.  The Board, after notice and a hearing as required by law, and upon any cause enumerated in subsection 2, may take one or more of the following disciplinary actions:

      (a) Deny an application for a license or refuse to renew a license.

      (b) Suspend or revoke a license.

      (c) Place a licensee on probation.

      (d) Impose a fine not to exceed $5,000.

      2.  The Board may take disciplinary action against a licensee for any of the following causes:

      (a) The making of a false statement in any affidavit required of the applicant for application, examination or licensure pursuant to the provisions of this chapter.

      (b) Lending the use of the holder’s name to an unlicensed person.

      (c) If the holder is a podiatric physician, permitting an unlicensed person in his or her employ to practice as a podiatry hygienist.

      (d) Habitual indulgence in the use of alcohol or any controlled substance which impairs the intellect and judgment to such an extent as in the opinion of the Board incapacitates the holder in the performance of his or her professional duties.

      (e) Conviction of a crime involving moral turpitude.

      (f) Conviction of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (g) Conduct which in the opinion of the Board disqualifies the licensee to practice with safety to the public.

      (h) The commission of fraud by or on behalf of the licensee regarding his or her license or practice.

      (i) Gross incompetency.

      (j) Affliction of the licensee with any mental or physical disorder which seriously impairs his or her competence as a podiatric physician or podiatry hygienist.

      (k) False representation by or on behalf of the licensee regarding his or her practice.

      (l) Unethical or unprofessional conduct.

      (m) Failure to comply with the requirements of subsection 1 of NRS 635.118.

      (n) Willful or repeated violations of this chapter or regulations adopted by the Board.

 


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      (o) Willful violation of the regulations adopted by the State Board of Pharmacy.

      (p) Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

             (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

             (2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

             (3) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      (q) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility is suspended or revoked; or

             (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This paragraph applies to an owner or other principal responsible for the operation of the facility.

      (r) Failure to obtain any training required by the Board pursuant to section 15.7 of this act.

      Sec. 15.8. Chapter 636 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Board may, by regulation, require each optometrist who is certified to administer and prescribe therapeutic pharmaceutical agents pursuant to NRS 636.288 and who is registered to dispense controlled substances pursuant to NRS 453.231 to complete at least 1 hour of training relating specifically to the misuse and abuse of controlled substances during each period of licensure. Any licensee may use such training to satisfy 1 hour of any continuing education requirement established by the Board.

      Sec. 15.9. NRS 636.295 is hereby amended to read as follows:

      636.295  The following acts, conduct, omissions, or mental or physical conditions, or any of them, committed, engaged in, omitted, or being suffered by a licensee, constitute sufficient cause for disciplinary action:

      1.  Affliction of the licensee with any communicable disease likely to be communicated to other persons.

      2.  Commission by the licensee of a felony relating to the practice of optometry or a gross misdemeanor involving moral turpitude of which the licensee has been convicted and from which he or she has been sentenced by a final judgment of a federal or state court in this or any other state, the judgment not having been reversed or vacated by a competent appellate court and the offense not having been pardoned by executive authority.

      3.  Conviction of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      4.  Commission of fraud by or on behalf of the licensee in obtaining a license or a renewal thereof, or in practicing optometry thereunder.

      5.  Habitual drunkenness or addiction to any controlled substance.

      6.  Gross incompetency.

 

 


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      7.  Affliction with any mental or physical disorder or disturbance seriously impairing his or her competency as an optometrist.

      8.  Making false or misleading representations, by or on behalf of the licensee, with respect to optometric materials or services.

      9.  Practice by the licensee, or attempting or offering so to do, while in an intoxicated condition.

      10.  Perpetration of unethical or unprofessional conduct in the practice of optometry.

      11.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      12.  Any violation of the provisions of this chapter or any regulations adopted pursuant thereto.

      13.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      14.  Failure to obtain any training required by the Board pursuant to section 15.8 of this act.

      Sec. 16. NRS 639.23507 is hereby amended to read as follows:

      639.23507  A practitioner shall, before [writing] initiating a prescription for a controlled substance listed in schedule II, III or IV , [for a patient,] obtain a patient utilization report regarding the patient [for the preceding 12 months] from the computerized program established by the Board and the Investigation Division of the Department of Public Safety pursuant to NRS 453.1545 if [the practitioner has a reasonable belief that the patient may be seeking the controlled substance, in whole or in part, for any reason other than the treatment of an existing medical condition and:] :

      1.  The patient is a new patient of the practitioner; or

      2.  The [patient has not received any] prescription [for a controlled substance from the practitioner in the preceding 12 months.] is for more than 7 days and is part of a new course of treatment for the patient.

Ê The practitioner shall review the patient utilization report to assess whether the prescription for the controlled substance is medically necessary.

      3.  If a practitioner who attempts to obtain a patient utilization report as required by subsection 1 fails to do so because the computerized program is unresponsive or otherwise unavailable, the practitioner:

      (a) Shall be deemed to have complied with subsection 1 if the practitioner documents the attempt and failure in the medical record of the patient.

 


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      (b) Is not liable for the failure.

      4.  The Board shall adopt regulations to provide alternative methods of compliance with subsection 1 for a physician while he or she is providing service in a hospital emergency department. The regulations must include, without limitation, provisions that allow a hospital to designate members of hospital staff to act as delegates for the purposes of accessing the database of the computerized program and obtaining patient utilization reports from the computerized program on behalf of such a physician.

      5.  A practitioner who violates subsection 1:

      (a) Is not guilty of a misdemeanor.

      (b) May be subject to professional discipline if the appropriate professional licensing board determines that the practitioner’s violation was intentional.

      6.  As used in this section, “initiating a prescription” means originating a new prescription for a new patient of a practitioner or originating a new prescription to begin a new course of treatment for an existing patient of a practitioner. The term does not include any act concerning an ongoing prescription that is written to continue a course of treatment for an existing patient of a practitioner.

      Sec. 16.5. NRS 639.310 is hereby amended to read as follows:

      639.310  [Unless] Except as otherwise provided in NRS 639.23507, unless a greater penalty is specified, any person who violates any of the provisions of this chapter is guilty of a misdemeanor.

      Sec. 17.  1.  The Department of Health and Human Services shall, not later than October 1, 2015, add naloxone hydrochloride for outpatient use to the list of preferred prescription drugs to be used for the Medicaid program established by the Department pursuant to NRS 422.4025.

      2.  Any expenses incurred by the Department to provide naloxone hydrochloride must be paid for through the existing resources of the Medicaid program.

      Sec. 18.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On October 1, 2015, for all other purposes.

________

CHAPTER 27, AB 37

Assembly Bill No. 37–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 27

 

[Approved: May 6, 2015]

 

AN ACT relating to air pollution; revising provisions relating to the sale of a motor vehicle at a consignment auction; providing a penalty; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law generally requires that a seller of a used motor vehicle provide the buyer of the vehicle with evidence that the vehicle complies with certain emissions standards for the purpose of registering the vehicle with the Department of Motor Vehicles. (NRS 445B.800) Existing law exempts from this requirement a consignee who is authorized to sell vehicles at a qualifying consignment auction if the vehicle is sold on behalf of a registered owner, lienholder or insurance company and the consignee, at the time of the auction, complies with certain notice requirements. (NRS 445B.728, 445B.805, 445B.807) Sections 2-12 of this bill provide that, for the purpose of entrusting or authorizing a consignee to sell or display for sale a motor vehicle at such an auction, the registered owner or lienholder may not be an automobile wrecker, body shop, distributor, manufacturer, rebuilder, salvage pool, vehicle dealer or garage.

 

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 445B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. “Automobile wrecker” has the meaning ascribed to it in NRS 487.047.

      Sec. 3. “Body shop” has the meaning ascribed to it in NRS 487.532.

      Sec. 4. “Distributor” has the meaning ascribed to it in NRS 482.028.

      Sec. 5. “Garage” has the meaning ascribed to it in NRS 487.540.

      Sec. 6. “Licensee” means any automobile wrecker, body shop, distributor, manufacturer, rebuilder, salvage pool or vehicle dealer licensed by the Department, or any garage registered with the Department.

      Sec. 7. “Lienholder” means any person, other than a licensee, who holds a lien on a motor vehicle.

      Sec. 8. “Manufacturer” has the meaning ascribed to it in NRS 482.060.

      Sec. 9. “Rebuilder” has the meaning ascribed to it in NRS 482.097.

      Sec. 10. “Registered owner” means any person, other than a licensee, whose name appears in the records of the Department as the person to whom a vehicle is registered.

      Sec. 11. “Salvage pool” has the meaning ascribed to it in NRS 487.400.

      Sec. 12. “Vehicle dealer” has the meaning ascribed to it in NRS 482.020.

      Sec. 13. NRS 445B.700 is hereby amended to read as follows:

      445B.700  As used in NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 445B.705 to 445B.758, inclusive, and sections 2 to 12, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 445B.759 is hereby amended to read as follows:

      445B.759  1.  The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act do not apply to:

      (a) Military tactical vehicles; or

      (b) Replica vehicles.

      2.  As used in this section:

 


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      (a) “Military tactical vehicle” means a motor vehicle that is:

             (1) Owned or controlled by the United States Department of Defense or by a branch of the Armed Forces of the United States; and

             (2) Used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.

      (b) “Replica vehicle” means any passenger car or light-duty motor vehicle which:

             (1) Has a body manufactured after [1968] 1967 which is made to resemble a vehicle of a model manufactured before 1968;

             (2) Has been altered from the original design of the manufacturer or has a body constructed from materials which are not original to the vehicle;

             (3) Is maintained solely for occasional transportation, including exhibitions, club activities, parades, tours or other similar uses; and

             (4) Is not used for daily transportation.

Ê The term does not include a vehicle which has been restored to its original design by replacing parts.

      Sec. 15. NRS 445B.807 is hereby amended to read as follows:

      445B.807  1.  To qualify as a consignment auction for the purposes of subsection 4 of NRS 445B.805, an event must be:

      (a) A live auction with an auctioneer verbally calling for and accepting bids; or

      (b) An auction conducted on an auction website on the Internet by a person who is certified pursuant to subsection 2 and who is:

             (1) A vehicle dealer licensed pursuant to NRS 482.325; or

             (2) A salvage pool licensed pursuant to NRS 487.410.

      2.  A person may obtain certification for the purposes of paragraph (b) of subsection 1 by:

      (a) Applying to the Department of Motor Vehicles;

      (b) Providing evidence satisfactory to the Department that the person is licensed as a vehicle dealer pursuant to NRS 482.325 or as a salvage pool pursuant to NRS 487.410;

      (c) Providing evidence satisfactory to the Department that at least 51 percent of the motor vehicles sold by the person in the calendar year immediately preceding the date of the person’s application were sold on behalf of another person and were sold using:

             (1) A live auction with an auctioneer verbally calling for and accepting bids; or

             (2) An auction conducted on an auction website on the Internet by the person; and

      (d) Providing any other information or documentation required by the Department.

      3.  The Department may adopt any regulations necessary to carry out the provisions of this section, including, without limitation, providing procedures for the application for and the granting of a certification pursuant to this section and providing for the expiration and renewal of the certification.

      Sec. 16. NRS 445B.835 is hereby amended to read as follows:

      445B.835  1.  The Department of Motor Vehicles may impose an administrative fine, not to exceed $2,500, for a violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act, or any rule, regulation or order adopted or issued pursuant thereto. The Department shall afford to any person so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

 


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      2.  All administrative fines collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to the [credit of the] Pollution Control Account.

      3.  In addition to any other remedy provided by NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act, the Department may compel compliance with any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act, and any rule, regulation or order adopted or issued pursuant thereto, by injunction or other appropriate remedy and the Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 17. NRS 445B.840 is hereby amended to read as follows:

      445B.840  It is unlawful for any person to:

      1.  Possess any unauthorized evidence of compliance;

      2.  Make, issue or use any imitation or counterfeit evidence of compliance;

      3.  Willfully and knowingly fail to comply with the provisions of NRS 445B.700 to 445B.815, inclusive, and sections 2 to 12, inclusive, of this act, or any regulation adopted by the Department of Motor Vehicles; or

      4.  Issue evidence of compliance if he or she is not a licensed inspector of an authorized inspection station, authorized station or fleet station.

      Sec. 18. NRS 445B.845 is hereby amended to read as follows:

      445B.845  1.  A violation of any provision of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act relating to motor vehicles, or any regulation adopted pursuant thereto relating to motor vehicles, is a misdemeanor. The provisions of NRS 445B.700 to 445B.845, inclusive, and sections 2 to 12, inclusive, of this act, or any regulation adopted pursuant thereto, must be enforced by any peace officer.

      2.  Satisfactory evidence that the motor vehicle or its equipment conforms to those provisions or regulations, when supplied by the owner of the motor vehicle to the Department of Motor Vehicles within 10 days after the issuance of a citation pursuant to subsection 1, may be accepted by the court as a complete or partial mitigation of the offense.

      Sec. 19.  This act becomes effective on July 1, 2015.

________

CHAPTER 28, SB 26

Senate Bill No. 26–Committee on Government Affairs

 

CHAPTER 28

 

[Approved: May 6, 2015]

 

AN ACT relating to state financial administration; authorizing the State Controller to withhold income from the wages of a person who owes a debt to a state agency after a judgment has been obtained against the person; authorizing the imposition of a fine and punitive damages against an employer under certain circumstances; requiring the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to furnish certain records to the State Controller upon request; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law provides a procedure by which the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation may require any employer to withhold income from a person’s wages to satisfy certain judgments. (NRS 612.7102-612.7116) This bill authorizes the State Controller to use the same procedure to withhold income from the wages of certain persons who owe a debt to a state agency.

      Existing law requires the State Controller to act as the collection agent for each agency, bureau, board, commission, department and division of the Executive Department of State Government. (NRS 353C.195) In doing so, the State Controller is authorized to request the Attorney General to bring an action against a person who owes a debt to such an agency, bureau, board, commission, department or division or, in certain circumstances, request a court to enter summary judgment against such a debtor. (NRS 353C.140, 353C.150) Section 2 of this bill provides that if the State Controller obtains a judgment against a person for a debt, the State Controller may, in addition to any other manner of executing the judgment provided by law, require each employer of the person to withhold income from the person’s wages and pay it over to the State Controller. Before the State Controller may require an employer to withhold income from the person’s wages, section 2 requires the State Controller to send a notice to the person explaining that wages will be withheld unless the person: (1) enters into an installment agreement for the payment of the debt; or (2) pays the debt in full. If the person does not enter into an installment agreement or pay the debt in full, section 3 of this bill requires the State Controller to provide additional notice to the person that wages will be withheld from the person’s income to pay the debt. Section 3.5 of this bill authorizes a person to contest the withholding of income on the grounds that the withholding of income will cause a financial hardship to the person and sets forth the procedure for the State Controller to determine the contest. Section 4 of this bill requires the State Controller to provide to the employer of such a person notice to withhold income. Section 5 of this bill requires an employer to: (1) calculate the amount of the withholding; or (2) request that the State Controller calculate the amount of the withholding. Section 5 also requires the employer to withhold the amount of income calculated by the employer or State Controller, as applicable, and deliver the money to the State Controller. Section 6 of this bill prescribes procedures concerning the delivery of the money. Section 7 of this bill: (1) prohibits an employer from using the withholding of income to collect an obligation to pay money to the State Controller as a basis for refusing to hire a potential employee, discharging an employee or taking disciplinary action against an employee; and (2) provides an administrative fine of $1,000 for the violation of this prohibition. Section 7 also provides for the imposition of punitive damages against an employer who wrongfully refuses to withhold income after receiving a notice from the State Controller requiring the employer to do so or knowingly misrepresents the income of an employee. Section 8 of this bill authorizes a court to issue an order directing such an employer to appear and show cause why he or she should not be subject to the imposition of certain penalties and, after such a hearing, to take certain action against the employer, including requiring the employer to pay those penalties. Section 9 of this bill exempts certain persons from civil liability under certain circumstances. Section 10 of this bill authorizes an agency, bureau, board, commission, department or division of the Executive Department of State Government to exercise any right or remedy conferred on the State Controller pursuant to sections 2-9 if the State Controller waives certain provisions or if the agency, bureau, board, commission, department or division does not assign a debt to the State Controller for collection. Section 11.5 of this bill requires the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation to furnish to the State Controller, upon request, the name, address and place of employment of any person listed in the records of the Division.

 


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ê2015 Statutes of Nevada, Page 130 (Chapter 28, SB 26)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 353C of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. 1.  If an agency or the State Controller obtains a judgment against a person for a debt owed to an agency that has been assigned to the State Controller for collection pursuant to NRS 353C.195, the State Controller may, in addition to any other manner of executing the judgment provided by law, require each employer of the person to withhold income from the person’s wages and pay it over to the State Controller in accordance with the provisions of sections 2 to 9, inclusive, of this act.

      2.  Before the State Controller may require an employer of a person to withhold income from the person’s wages and pay it over to the State Controller, the State Controller shall provide to the person a notice, sent by certified mail to the person’s last known address, explaining that if the person does not:

      (a) Enter into an agreement with the State Controller pursuant to NRS 353C.130 to provide for the payment of the debt, and any penalty and interest, on an installment basis; or

      (b) Pay the debt in full, including, without limitation, any penalty and interest,

Ê within 15 days after the date on which the notice is postmarked, the State Controller will require each employer of the person to withhold income from the person’s wages and turn it over to the State Controller in accordance with sections 2 to 9, inclusive, of this act.

      3.  If, within 15 days after the date on which the notice required pursuant to subsection 2 is postmarked, a person complies with the provisions of paragraph (a) or (b) of subsection 2, the State Controller may not require any employer of the person to withhold income from the person’s wages.

      Sec. 3. Not earlier than 15 days after sending the notice required pursuant to subsection 2 of section 2 of this act, if the State Controller intends to require each employer of a person to withhold income from the person’s wages and pay it over to the State Controller in accordance with the provisions of sections 2 to 9, inclusive, of this act, the State Controller must provide to the person who is subject to the withholding of income a notice, sent by certified mail to the person’s last known address:

      1.  That his or her income is going to be withheld not earlier than 15 days after the postmark of the notice sent pursuant to this section;

      2.  That a notice to withhold income applies to any current or subsequent employer;

      3.  That a notice to withhold income has been mailed to his or her employer;

      4.  Of the information provided to his or her employer pursuant to section 4 of this act;

      5.  That he or she may contest the withholding pursuant to section 3.5 of this act; and

      6.  Of the grounds and procedures for contesting the withholding.

 


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      Sec. 3.5. 1.  At any time after receiving the notice required pursuant to section 3 of this act, a person may file with the State Controller a contest to the withholding of income. If a person files a contest pursuant to this section, the State Controller must notify each employer of the person to which a notice was sent pursuant to section 4 of this act to discontinue the withholding pending the outcome of the contest.

      2.  The contest must be in writing, in the form prescribed by the State Controller, and include, without limitation:

      (a) The grounds for contesting the withholding; and

      (b) If the person is contesting the withholding on the grounds of financial hardship, evidence of how the withholding will cause a financial hardship to the person.

      3.  Upon receipt of a contest to the withholding of income, the State Controller:

      (a) Shall:

             (1) Consider the grounds for the contest stated by the person and any evidence submitted by the person, including, without limitation, any evidence submitted by the person that the withholding of income will cause a financial hardship to the person; and

             (2) Meet with the person to discuss the person’s contest of withholding. The meeting may take place in person, by telephone or by videoconference.

      (b) May request additional information from the person related to whether the withholding of income will be a financial hardship to the person.

      4.  At a meeting held pursuant to paragraph (b) of subsection 3, the State Controller shall offer the person an opportunity to:

      (a) Enter into an agreement with the State Controller pursuant to NRS 353C.130 to provide for the payment of the debt, and any penalty and interest, on an installment basis.

      (b) Pay the debt in full, including, without limitation, any penalty and interest.

      (c) Prove to the satisfaction of the State Controller that the withholding of income of the person will cause a financial hardship to the person.

      5.  If a person contests the withholding of income on the grounds that the withholding will be a financial hardship, after the meeting held pursuant to paragraph (b) of subsection 3, the State Controller shall make a determination whether the withholding of income will cause a financial hardship to the person. If the State Controller determines that the withholding of income will cause a financial hardship to the person, the State Controller must reduce the withholding to an amount that will not cause a financial hardship to the person.

      6.  The State Controller shall send a notice, by certified mail, of the determination made by the State Controller related to the contest of withholding to:

      (a) The person’s last known address; and

      (b) Each employer of the person.

      Sec. 4. 1.  The State Controller shall send, by certified mail, a notice to withhold income pursuant to section 2 of this act to each employer of the person who is subject to the withholding.

      2.  If an employer does not begin to withhold income from the person in accordance with section 5 of this act after receiving the notice to withhold income that was mailed pursuant to subsection 1, the State Controller shall send to the employer, by certified mail, return receipt requested, another notice to withhold income.

 


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withhold income that was mailed pursuant to subsection 1, the State Controller shall send to the employer, by certified mail, return receipt requested, another notice to withhold income. The provisions of this subsection do not apply if the employer requests that the State Controller calculate the amount of the withholding pursuant to section 5 of this act.

      3.  A notice to withhold income pursuant to section 2 of this act must:

      (a) Contain the social security number of the person who is subject to the withholding;

      (b) Specify the total amount to be withheld from the income of the person, including any interest, penalties or assessments provided by law or costs incurred by the agency or State Controller in collecting the debt;

      (c) Describe the limitation for withholding income prescribed in NRS 31.295;

      (d) Describe the prohibition against terminating the employment of a person because of withholding and the penalties for wrongfully refusing to withhold in accordance with the notice to withhold income;

      (e) Explain the duties of an employer upon the receipt of the notice to withhold income; and

      (f) Explain that the employer may request that the State Controller calculate the amount of wages to be withheld from the person, subject to the limitation for withholding income prescribed in NRS 31.295, if the employer submits to the State Controller all information necessary for the State Controller to make the calculation.

      Sec. 5. An employer who receives a notice to withhold income pursuant to section 2 of this act:

      1.  Shall:

      (a) Calculate the amount of income to be withheld from a person’s wages during each pay period in accordance with the provisions of NRS 31.295 and subject to the limitation on withholding prescribed in that section; or

      (b) Request that the State Controller calculate the amount of income to be withheld from a person’s wages during each pay period in accordance with the provisions of NRS 31.295 and subject to the limitation on withholding prescribed in that section.

Ê For the purposes of this subsection, a withholding of income shall be deemed a garnishment of earnings.

      2.  Shall withhold the amount calculated pursuant to:

      (a) Paragraph (a) of subsection 1, beginning with the first pay period that occurs within 14 days after the date the notice was mailed to the employer; or

      (b) Paragraph (b) of subsection 1, beginning with the first pay period that occurs within 14 days after the State Controller notifies the employer of the amount to be withheld,

Ê as applicable.

      3.  Shall continue to withhold the amount calculated pursuant to subsection 1 until:

      (a) The State Controller notifies the employer to discontinue the withholding; or

      (b) The full amount required to be paid to the State Controller has been paid, as indicated by a written statement to the employer from the State Controller.

 


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      4.  Shall deliver the money withheld to the State Controller within 7 days after the date of each payment of the regularly scheduled payroll of the employer.

      5.  Shall notify the State Controller when the person subject to withholding terminates his or her employment and provide the last known address of the person and the name of any new employer of the person, if known.

      Sec. 6. 1.  A notice to withhold income pursuant to section 2 of this act is binding upon any employer of the person to whom it is mailed. To reimburse the employer for his or her costs in making the withholding, the employer may deduct $3 from the amount paid to the person each time the employer makes a withholding.

      2.  Except as otherwise provided in subsection 3:

      (a) An employer may deliver money withheld to the State Controller by check or electronic transfer of money.

      (b) If an employer receives notices to withhold income pursuant to section 2 of this act for more than one employee, the employer may consolidate the amounts of money that are payable to the State Controller and pay those amounts with one check, but the employer shall attach to each check a statement identifying by name and social security number each person for whom payment is made and the amount transmitted for that person.

      3.  If the provisions of NRS 353.1467 apply, the employer shall make payment to the State Controller by any method of electronic transfer of money allowed by the State Controller. If an employer makes such payment by electronic transfer of money, the employer shall transmit separately the name and appropriate identification number, if any, of each person for whom payment is made and the amount transmitted for that person.

      4.  As used in this section, “electronic transfer of money” has the meaning ascribed to it in NRS 353.1467.

      Sec. 7. 1.  It is unlawful for an employer to use the withholding of income to collect an obligation to pay money to the State Controller as a basis for refusing to hire a potential employee, discharging an employee or taking disciplinary action against an employee. Any employer who violates this section shall hire or reinstate any such employee with no loss of pay or benefits, is liable for any amounts not withheld and must be fined $1,000. If an employee prevails in an action based on this section, the employer is liable, in an amount not less than $2,500, for payment of the employee’s costs and attorney’s fees incurred in that action.

      2.  If an employer wrongfully refuses to withhold income as required pursuant to sections 2 to 9, inclusive, of this act or knowingly misrepresents the income of an employee, the employer shall pay the amount the employer refused to withhold to the State Controller and may be ordered to pay punitive damages to the State Controller in an amount not to exceed $1,000 for each pay period the employer failed to withhold income as required or knowingly misrepresented the income of the employee.

      Sec. 8. 1.  If an employer wrongfully refuses to withhold income as required pursuant to sections 2 to 9, inclusive, of this act after receiving a notice to withhold income that was sent by certified mail pursuant to section 3.5 or 4 of this act, or knowingly misrepresents the income of an employee, the State Controller may apply for and the court may issue an order directing the employer to appear and show cause why he or she should not be subject to the penalties prescribed in subsection 2 of section 7 of this act.

 


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employee, the State Controller may apply for and the court may issue an order directing the employer to appear and show cause why he or she should not be subject to the penalties prescribed in subsection 2 of section 7 of this act.

      2.  At the hearing on the order to show cause, the court, upon a finding that the employer wrongfully refused to withhold income as required or knowingly misrepresented an employee’s income:

      (a) May order the employer to comply with the requirements of sections 2 to 9, inclusive, of this act;

      (b) May order the employer to provide accurate information concerning the employee’s income;

      (c) May impose penalties against the employer pursuant to subsection 2 of section 7 of this act; and

      (d) Shall require the employer to pay the amount the employer failed or refused to withhold from the employee’s income.

      Sec. 9. 1.  An employer who complies with a notice to withhold income pursuant to section 2 of this act that is regular on its face may not be held liable in any civil action for any conduct taken in compliance with the notice.

      2.  Compliance by an employer with a notice to withhold income pursuant to section 2 of this act is a discharge of the employer’s liability to the person as to that portion of the income affected.

      3.  If a court issues an order to stay a withholding of income, the State Controller may not be held liable in any civil action to the person who is the subject of the withholding of income for any money withheld before the stay becomes effective.

      Sec. 10. NRS 353C.195 is hereby amended to read as follows:

      353C.195  Except as otherwise provided in this section or by a specific statute or federal law:

      1.  The State Controller shall act as the collection agent for each agency.

      2.  An agency shall coordinate all its debt collection efforts through the State Controller.

      3.  Unless an agency and the State Controller agree on a different time, an agency shall assign a debt to the State Controller for collection not later than 60 days after the debt becomes past due.

      4.  An agency shall not assign a debt to the State Controller for collection if the debt is administratively contested by the debtor. For the purposes of this subsection, a debt is not administratively contested if:

      (a) The debtor and the agency have agreed on the existence and amount of the debt;

      (b) The debtor has failed to contest timely the existence or amount of the debt in accordance with the administrative procedures prescribed by the agency; or

      (c) The debtor has timely contested the debt in accordance with the administrative procedures prescribed by the agency and the agency has issued a final decision concerning the existence and amount of the debt.

      5.  Upon the request of an agency, the State Controller shall waive a requirement of this section:

      (a) If the State Controller determines that the agency has the resources to engage in its own debt collection efforts; or

      (b) For good cause shown.

 


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      6.  If the State Controller waives the requirements of subsection 1 or 2 for an agency, the agency may exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, and sections 2 to 9, inclusive, of this act to collect a debt.

      7.  An agency that is authorized by specific statute to collect a debt on behalf of or in trust for a particular person or entity may assign the debt to the State Controller for collection pursuant to this section. If such an agency does not assign a debt to the State Controller pursuant to this section, the agency may, in addition to any right or remedy conferred on the agency by specific statute to collect a debt, exercise any right or remedy conferred on the State Controller pursuant to the provisions of NRS 353C.130 to 353C.180, inclusive, and 353C.200 to 353C.230, inclusive, and sections 2 to 9, inclusive, of this act to collect the debt.

      Sec. 11. NRS 353C.224 is hereby amended to read as follows:

      353C.224  1.  If the State Controller collects any money owed to an agency from a debtor or receives any money from the employer of a debtor or a private debt collector or other person to whom the State Controller has assigned the collection of a debt owed to an agency, the State Controller shall, unless prohibited by federal law, transfer the net amount of money owed to the agency:

      (a) Except as otherwise provided in paragraph (c), to the Debt Recovery Account created by NRS 353C.226 if the debt is owed to an agency whose budget is supported exclusively or in part from the State General Fund.

      (b) Except as otherwise provided in paragraph (c), to an account specified by the agency if the debt is owed to an agency whose budget is supported exclusively from sources other than the State General Fund.

      (c) If a specific statute requires the money to be deposited in a specific account or used for a specific purpose, to the specific account required by statute or to the account from which money is expended for the purpose specified.

      2.  If the State Controller is unable to determine where to transfer the net amount of money collected pursuant to subsection 1, the money must be deposited in the Debt Recovery Account. If an agency disputes the decision to deposit the money in the Debt Recovery Account pursuant to this subsection, the agency may, not later than 60 days after the money is deposited in the Debt Recovery Account, submit a written request to the Interim Finance Committee seeking its determination of where the money collected pursuant to subsection 1 should be deposited. If an agency fails to submit such a written request timely, the money must remain in the Debt Recovery Account and be used in accordance with NRS 353C.226.

      3.  As used in this section, “net amount of money owed to the agency” means the money owed to an agency by a debtor that is collected or received by the State Controller minus:

      (a) Any fees owed pursuant to a specific statute to the State Controller for collection of the debt;

      (b) Any costs incurred or fees paid by the State Controller to collect any debt assigned to the State Controller for collection by the agency; and

      (c) Any interest on the debt collected by the State Controller under the terms of an agreement with the debtor, pursuant to NRS 353C.130, for the payment of the debt on an installment basis.

 


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      Sec. 11.5. NRS 612.265 is hereby amended to read as follows:

      612.265  1.  Except as otherwise provided in this section and NRS 239.0115 and 612.642, information obtained from any employing unit or person pursuant to the administration of this chapter and any determination as to the benefit rights of any person is confidential and may not be disclosed or be open to public inspection in any manner which would reveal the person’s or employing unit’s identity.

      2.  Any claimant or a legal representative of a claimant is entitled to information from the records of the Division, to the extent necessary for the proper presentation of the claimant’s claim in any proceeding pursuant to this chapter. A claimant or an employing unit is not entitled to information from the records of the Division for any other purpose.

      3.  Subject to such restrictions as the Administrator may by regulation prescribe, the information obtained by the Division may be made available to:

      (a) Any agency of this or any other state or any federal agency charged with the administration or enforcement of laws relating to unemployment compensation, public assistance, workers’ compensation or labor and industrial relations, or the maintenance of a system of public employment offices;

      (b) Any state or local agency for the enforcement of child support;

      (c) The Internal Revenue Service of the Department of the Treasury;

      (d) The Department of Taxation; and

      (e) The State Contractors’ Board in the performance of its duties to enforce the provisions of chapter 624 of NRS.

Ê Information obtained in connection with the administration of the Division may be made available to persons or agencies for purposes appropriate to the operation of a public employment service or a public assistance program.

      4.  Upon written request made by the State Controller or a public officer of a local government, the Administrator shall furnish from the records of the Division the name, address and place of employment of any person listed in the records of employment of the Division. The request may be made electronically and must set forth the social security number of the person about whom the request is made and contain a statement signed by the proper authority of the State Controller or local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation assigned to the State Controller for collection or owed to the local government [.] , as applicable. Except as otherwise provided in NRS 239.0115, the information obtained by the State Controller or local government is confidential and may not be used or disclosed for any purpose other than the collection of a debt or obligation assigned to the State Controller for collection or owed to that local government. The Administrator may charge a reasonable fee for the cost of providing the requested information.

      5.  The Administrator may publish or otherwise provide information on the names of employers, their addresses, their type or class of business or industry, and the approximate number of employees employed by each such employer, if the information released will assist unemployed persons to obtain employment or will be generally useful in developing and diversifying the economic interests of this State. Upon request by a state agency which is able to demonstrate that its intended use of the information will benefit the residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer.

 


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residents of this State, the Administrator may, in addition to the information listed in this subsection, disclose the number of employees employed by each employer and the total wages paid by each employer. The Administrator may charge a fee to cover the actual costs of any administrative expenses relating to the disclosure of this information to a state agency. The Administrator may require the state agency to certify in writing that the agency will take all actions necessary to maintain the confidentiality of the information and prevent its unauthorized disclosure.

      6.  Upon request therefor, the Administrator shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation and employment status of each recipient of benefits and the recipient’s rights to further benefits pursuant to this chapter.

      7.  To further a current criminal investigation, the chief executive officer of any law enforcement agency of this State may submit a written request to the Administrator that the Administrator furnish, from the records of the Division, the name, address and place of employment of any person listed in the records of employment of the Division. The request must set forth the social security number of the person about whom the request is made and contain a statement signed by the chief executive officer certifying that the request is made to further a criminal investigation currently being conducted by the agency. Upon receipt of such a request, the Administrator shall furnish the information requested. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      8.  In addition to the provisions of subsection 5, the Administrator shall provide lists containing the names and addresses of employers, and information regarding the wages paid by each employer to the Department of Taxation, upon request, for use in verifying returns for the taxes imposed pursuant to chapters 363A and 363B of NRS. The Administrator may charge a fee to cover the actual costs of any related administrative expenses.

      9.  A private carrier that provides industrial insurance in this State shall submit to the Administrator a list containing the name of each person who received benefits pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS during the preceding month and request that the Administrator compare the information so provided with the records of the Division regarding persons claiming benefits pursuant to this chapter for the same period. The information submitted by the private carrier must be in a form determined by the Administrator and must contain the social security number of each such person. Upon receipt of the request, the Administrator shall make such a comparison and, if it appears from the information submitted that a person is simultaneously claiming benefits under this chapter and under chapters 616A to 616D, inclusive, or chapter 617 of NRS, the Administrator shall notify the Attorney General or any other appropriate law enforcement agency. The Administrator shall charge a fee to cover the actual costs of any related administrative expenses.

      10.  The Administrator may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter, and may in connection with the request transmit any such report or return to the Comptroller of the Currency of the United States as provided in section 3305(c) of the Internal Revenue Code of 1954.

 


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      11.  If any employee or member of the Board of Review, the Administrator or any employee of the Administrator, in violation of the provisions of this section, discloses information obtained from any employing unit or person in the administration of this chapter, or if any person who has obtained a list of applicants for work, or of claimants or recipients of benefits pursuant to this chapter uses or permits the use of the list for any political purpose, he or she is guilty of a gross misdemeanor.

      12.  All letters, reports or communications of any kind, oral or written, from the employer or employee to each other or to the Division or any of its agents, representatives or employees are privileged and must not be the subject matter or basis for any lawsuit if the letter, report or communication is written, sent, delivered or prepared pursuant to the requirements of this chapter.

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

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CHAPTER 29, SB 27

Senate Bill No. 27–Committee on Government Affairs

 

CHAPTER 29

 

[Approved: May 6, 2015]

 

AN ACT relating to the Commission for Cultural Affairs; revising the amount of money that the Commission may use from the proceeds of bonds issued on behalf of the Commission to pay for the administrative services of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Fund for the Preservation and Promotion of Cultural Resources in the State Treasury and requires the Commission for Cultural Affairs to administer the Fund. Money in the Fund is derived from the issuance of general obligation bonds on behalf of the Commission. The Commission is authorized to expend the money in the Fund only for projects identified in the Commission’s plan to promote and preserve the State’s cultural resources. Additionally, the Commission is authorized to use the money derived from interest earned on the money in the Fund to pay for: (1) any administrative services required by the Commission; and (2) the per diem allowances and travel expenses of the members of the Commission. (NRS 233C.200, 233C.225, 233C.230) This bill authorizes the Commission to use not more than 5 percent of the proceeds from any particular issuance of bonds to pay for the administrative services of the Commission.

 

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 233C.200 is hereby amended to read as follows:

      233C.200  1.  The Commission for Cultural Affairs is hereby created. The Commission is advisory to the Department and consists of:

 


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      (a) The Chair of the Nevada Humanities Committee or a member of the Committee designated by the Chair;

      (b) The Chair of the Board or a member of the Board designated by the Chair;

      (c) The Chair of the Board of Museums and History or a member of the Board of Museums and History designated by the Chair;

      (d) A member of the Board of Museums and History, to be appointed by the Governor;

      (e) One representative of the general public who has a working knowledge of the promotion of tourism in Nevada, to be appointed by the Governor; and

      (f) The Chair of the State Council on Libraries and Literacy or a member of the Council designated by the Chair.

      2.  The Commission shall:

      (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 its Chair.

      3.  Three members of the Commission constitute a quorum, but a majority of the members of the Commission is necessary to consider the 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 pursuant to NRS 233C.230 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. 2. NRS 233C.225 is hereby amended to read as follows:

      233C.225  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 NRS 233C.200 to 233C.230, inclusive. 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 by the Commission from the proceeds of bonds issued pursuant to this section , [and] to pay the expenses related to the issuance of the bonds [.] and to pay for the administrative services of the Commission. 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.

 


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this section exceed $3,000,000 per year. No public debt is created, within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada, 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.

      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. 3. NRS 233C.230 is hereby amended to read as follows:

      233C.230  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 NRS 233C.225.

      2.  [Except as otherwise provided in subsection 5 of NRS 233C.200, the] The Commission may expend money in the Fund only [for] :

      (a) For projects identified in the Commission’s plan to promote and preserve the State’s cultural resources pursuant to NRS 233C.200 to 233C.230, inclusive. In addition to the amount of financial assistance granted from the proceeds of bonds issued pursuant to NRS 233C.225, 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 [.] ; and

      (b) For any administrative services provided by the Commission. The Commission may not use more than 5 percent of the proceeds from any particular issuance of bonds to pay for the administrative services.

      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. 4.  This act becomes effective on July 1, 2015.

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CHAPTER 30, SB 30

Senate Bill No. 30–Committee on Government Affairs

 

CHAPTER 30

 

[Approved: May 6, 2015]

 

AN ACT relating to counties; authorizing an elected county officer to elect not to receive longevity pay; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law, with certain limitations, entitles an elected county officer, including a member of a board of county commissioners, who has served in his or her office for more than 4 years to receive an additional salary of 2 percent of his or her base salary for each full calendar year the officer has served in his or her office. (NRS 245.044) This bill authorizes an elected county officer to elect not to receive all or a portion of the longevity pay to which he or she is entitled for any fiscal year.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 245.044 is hereby amended to read as follows:

      245.044  1.  On and after July 1, 1973, if an elected county officer has served in his or her office for more than 4 years, the officer is entitled to an additional salary of 2 percent of his or her base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or his or her annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, for each full calendar year the officer has served in his or her office.

      2.  The additional salary [provided in this section for] to which an [eligible] elected county officer [:] is entitled pursuant to subsection 1:

      (a) Must be [computed] calculated on July 1 of each year by multiplying 2 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable, by the number of full calendar years the elected county officer has served in his or her office; and

      (b) Must not exceed 20 percent of the base salary for the appropriate fiscal year as provided in subsection 2 of NRS 245.043 or the annual salary set pursuant to subsection 3 of NRS 245.043, as applicable.

      3.  Any elected county officer who is entitled to additional salary pursuant to subsection 1 may elect not to receive the additional salary or any part of the additional salary.

      4.  Service on the Board of Supervisors of Carson City for the initial term which began on July 1, 1969, and ended on the first Monday of January, 1973, shall be deemed to constitute 4 full calendar years of service for the purposes of this section.

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

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CHAPTER 31, SB 47

Senate Bill No. 47–Committee on Government Affairs

 

CHAPTER 31

 

[Approved: May 6, 2015]

 

AN ACT relating to local improvements; authorizing the creation of an improvement district to acquire, operate and maintain a waterfront project; removing the provision that a commercial area vitalization project is limited to an area zoned primarily for business or commercial purposes and deleting the statutory references to such a project; authorizing the governing body of a municipality to acquire, improve, operate and maintain a neighborhood improvement project for the beautification and improvement of an area without regard to its zoning; expanding the applicability of provisions authorizing a special assessment within an improvement district located in a redevelopment area; authorizing the use of money in a surplus and deficiency fund for the payment of certain additional costs; increasing the amount of money subject to transfer to such a fund after the outstanding indebtedness of an improvement district has been paid; revising provisions for the collection of unpaid assessments and the modification of an improvement project; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of any county, city or unincorporated town to create an improvement district for the acquisition, operation and maintenance of certain projects, including a park project, street project or commercial area vitalization project, and to finance the cost of any project through the issuance of bonds and the levy of assessments upon property in the improvement district. (NRS 271.265, 271.270, 271.325) Sections 1 and 5 of this bill authorize the creation of an improvement district for the acquisition, operation and maintenance of a waterfront project.

      Under existing law, a commercial area vitalization project entails the beautification and improvement of an area zoned primarily for business or commercial purposes. (NRS 271.063) Section 3 of this bill revises the definition of “commercial area vitalization project” to eliminate this zoning restriction, so that a “neighborhood improvement project” may be established in any area of the improvement district. Sections 4-14, 16 and 17 of this bill make conforming changes by eliminating the existing statutory references to a commercial area vitalization project and replacing them with references to a neighborhood improvement project.

      If an improvement district is proposed for a commercial area vitalization project or an existing district is proposed to be modified to expand the area subject to assessment, existing law permits the owners and occupants of residential property to protest the assessment of their property for the project. (NRS 271.297, 271.305, 271.392) In view of the elimination of the zoning restriction described above, sections 10, 11 and 17 eliminate the right of an owner or occupant of residential property to file a protest based solely on the residential nature of the property.

      For an improvement district located in a redevelopment area, existing law authorizes the governing body to levy one or more special assessments for the extraordinary maintenance, repair and improvement of the project for which the district has been created. However, the applicability of this provision is limited to an improvement district located in any county whose population is 100,000 or more but less than 700,000 (currently Washoe County). (NRS 271.3695) Section 15 of this bill removes the population cap to make this provision also applicable in any county whose population is 700,000 or more (currently Clark County).

 


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      When the outstanding indebtedness of an improvement district has been paid, existing law provides for the use and distribution of any surplus money remaining in the fund established for the district’s debt service. After the reimbursement of certain payments and a retention for the administrative costs of returning the surplus, a portion of any remaining money must be deposited in a surplus and deficiency fund, with any balance refunded to the owners of the assessed property. (NRS 271.428, 271.429) Sections 18 and 19 of this bill, respectively, expand the authorized uses of money in the surplus and deficiency fund and increase the amount of money to be set aside for that fund before any surplus is refunded.

      Although a lien arises for unpaid assessments made for the benefit of any improvement district, existing law establishes different procedures for the collection of assessments owed to a county, city or town, according to the nature of the municipality. When adopting an ordinance authorizing the levy of assessments, the governing body of the municipality must authorize the treasurer to reduce or waive for good cause the collection of certain penalties and interest. Assessments owed to a county are collected by the county treasurer in the same manner as general property taxes owed to the county, while assessments owed to a city or town are collected by the municipal treasurer in accordance with a separate statutory process. (NRS 271.445, 271.585, 361.450) Section 20 of this bill requires the governing body of a municipality to make certain findings in order to reduce or waive the collection of any unpaid interest on the assessment. Sections 27-29.5 of this bill set forth a process whereby a municipality may collect unpaid assessments and all related interest, penalties and costs if the property which is the subject of the unpaid assessments, interest, penalties and costs is sold by the county treasurer.

      Sections 22 and 23 of this bill change the procedure for modifying a project by revising, among other things, the requirements for public notice of the proposed modification.

 

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 271 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  “Waterfront project” means any improvement to:

      (a) Public property that is located along the shore of a public body of water; or

      (b) Areas within or under a public body of water.

      2.  The term includes, without limitation, restrooms, fishing sites, boardwalks, decks, boat ramps, utilities, facilities for controlling drainage, parking facilities, lighting, dredging for boat ways, erosion protection, environmental mitigation, landscaping, sidewalks, benches, bulkheads, retaining walls, pumping and excavation, and all appurtenances and incidentals thereto.

      Sec. 2. NRS 271.030 is hereby amended to read as follows:

      271.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 3. NRS 271.063 is hereby amended to read as follows:

      271.063  [“Commercial area vitalization] “Neighborhood improvement project” includes:

      1.  The beautification and improvement of the public portions of any area , [zoned primarily for business or commercial purposes,] including, without limitation:

 


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      (a) Public restrooms;

      (b) Facilities for outdoor lighting and heating;

      (c) Decorations;

      (d) Fountains;

      (e) Landscaping;

      (f) Facilities or equipment, or both, to enhance protection of persons and property within the improvement district;

      (g) Ramps, sidewalks and plazas; and

      (h) Rehabilitation or removal of existing structures; and

      2.  The improvement of an area [zoned primarily for business or commercial purposes] by providing promotional activities.

      Sec. 4. NRS 271.125 is hereby amended to read as follows:

      271.125  “Improvement” or “improve” means the extension, widening, lengthening, betterment, alteration, reconstruction, repair or other improvement (or any combination thereof) of facilities, other property, any project, or an interest therein, herein authorized, including, without limitation, conducting promotional activities within an improvement district created for a [commercial area vitalization] neighborhood improvement project.

      Sec. 5. NRS 271.265 is hereby amended to read as follows:

      271.265  1.  The governing body of a county, city or town, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) A [commercial area vitalization project;

      (b) A] curb and gutter project;

      [(c)](b) A drainage project;

      [(d)](c) An energy efficiency improvement project;

      (d) A neighborhood improvement project;

      (e) An off-street parking project;

      (f) An overpass project;

      (g) A park project;

      (h) A public safety project;

      (i) A renewable energy project;

      (j) A sanitary sewer project;

      (k) A security wall;

      (l) A sidewalk project;

      (m) A storm sewer project;

      (n) A street project;

      (o) A street beautification project;

      (p) A transportation project;

      (q) An underpass project;

      (r) A water project;

      (s) A waterfront project; and

      [(s)](t) Any combination of such projects.

      2.  In addition to the power specified in subsection 1, the governing body of a city having a commission form of government as defined in NRS 267.010, upon behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

 


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      (a) An electrical project;

      (b) A telephone project;

      (c) A combination of an electrical project and a telephone project;

      (d) A combination of an electrical project or a telephone project with any of the projects, or any combination thereof, specified in subsection 1; and

      (e) A combination of an electrical project and a telephone project with any of the projects, or any combination thereof, specified in subsection 1.

      3.  In addition to the power specified in subsections 1 and 2, the governing body of a municipality, on behalf of the municipality and in its name, without an election, may finance an underground conversion project with the approval of each service provider that owns the overhead service facilities to be converted.

      4.  In addition to the power specified in subsections 1, 2 and 3, if the governing body of a municipality in a county whose population is less than 700,000 complies with the provisions of NRS 271.650, the governing body of the municipality, on behalf of the municipality and in its name, without any election, may from time to time acquire, improve, equip, operate and maintain, within or without the municipality, or both within and without the municipality:

      (a) An art project; and

      (b) A tourism and entertainment project.

      Sec. 6. NRS 271.280 is hereby amended to read as follows:

      271.280  1.  Whenever the governing body of a municipality determines to form an improvement district to conduct any project, the engineer shall prepare and file with the clerk:

      (a) Preliminary plans showing:

             (1) A typical section of the contemplated improvement.

             (2) The type or types of material, approximate thickness and wideness.

             (3) A preliminary estimate of the cost of the project, including incidental costs.

      (b) An assessment plat showing:

             (1) The area to be assessed.

             (2) Except as otherwise provided in NRS 271.378, the amount of maximum benefits estimated to be assessed against each tract in the assessment area.

      (c) If a resolution of the governing body does not otherwise provide, the information required pursuant to the provisions of subsections 2 to 7, inclusive.

Ê The governing body is not required to employ the services of an appraiser to estimate or to assist the engineer in estimating the benefits to be derived from the project.

      2.  The preliminary plans may provide for one or more types of construction, and the engineer shall separately estimate the cost of each type of construction. The estimate may be made in a lump sum or by unit prices, as the engineer determines is most desirable for the improvement complete in place.

      3.  A resolution or document prepared by the engineer pursuant to subsection 1 must describe the project in general terms.

      4.  The resolution or document must state:

      (a) What part or portion of the expense of the project is of special benefit and therefore is to be paid by assessments.

 


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      (b) What part, if any, has been or is proposed to be defrayed with money derived from other than the levy of assessments.

      (c) The basis by which the cost will be apportioned and assessments levied.

      5.  If the assessment is not to be made according to front feet, the resolution or document must:

      (a) By apt description designate the improvement district, including the tracts to be assessed.

      (b) Describe definitely the location of the project.

      (c) State that the assessment is to be made upon all the tracts benefited by the project proportionately to the benefits received.

      6.  If the assessment is to be upon the abutting property upon a frontage basis, it is sufficient for the resolution or document so to state and to define the location of the project to be made.

      7.  It is not necessary in any case to describe minutely in the resolution or document each particular tract to be assessed, but simply to designate the property, improvement district or the location, so that the various parts to be assessed can be ascertained and determined to be within or without the proposed improvement district.

      8.  If the preliminary plans include a [commercial area vitalization] neighborhood improvement project, then in addition to the other requirements in this section, before the plans are ratified by the governing body, the plans must include a plan for the management of the proposed improvement district which must include, without limitation:

      (a) The improvements proposed for each year of the first 5 fiscal years of the proposed improvement district;

      (b) An estimate of the total amount to be expended on improvements in the first year of operation;

      (c) A list of any other special assessments that are currently being levied within the proposed improvement district;

      (d) The name of any proposed association; and

      (e) Any other matter that the governing body requires to be set forth in the plan.

      9.  Upon the filing of the plans, plat and, if the engineer prepares a document pursuant to paragraph (c) of subsection 1, the document prepared by the engineer pursuant to paragraph (c) of subsection 1, they must be examined by the governing body. If the plans, plat and document, if any, are found to be satisfactory, the governing body shall make a provisional order by resolution to the effect that the project will be acquired or improved, or both acquired and improved.

      Sec. 7. NRS 271.285 is hereby amended to read as follows:

      271.285  1.  Except as otherwise provided in subsection 2, whenever the owner or owners of lands to be assessed for not less than 90 percent of the entire cost of any project, including all incidental expenses, constituting at least 66 2/3 percent in frontage, in area or other property basis used for the computation of assessments as therein provided, as the case may be, by written petition, initiates the acquisition of any project which the governing body is authorized to initiate, subject to the following limitations:

      (a) Except as otherwise provided in subsection 7 of NRS 271.325, the governing body may incorporate such project in any improvement district or districts.

 


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      (b) The governing body need not proceed with the acquisition of any such project or any part thereof after holding a hearing thereon, pursuant to NRS 271.310, and all provisions thereof thereunto enabling, if the governing body shall determine that it is not for the public interest that the proposed project, or a part thereof, be then ordered to be made.

      (c) Any particular kind of project, or any material therefor, or any part thereof, need not be acquired or located, as provided in the petition, if the governing body shall determine that such is not for the public interest.

      (d) The governing body need not take any proceedings or action upon receiving any such petition, if the governing body shall thereupon determine by resolution that the acquisition of the designated project probably is not feasible for a reason or reasons stated in such resolution, and if the resolution requires a cash deposit or a pledge of property in at least an amount or value therein designated and found therein by the governing body probably to be sufficient to defray the expenses and costs incurred by the municipality taken preliminary to and in the attempted acquisition of the project designated in the petition, and if such deposit or pledge is not made with the treasurer within 20 days after one publication in a newspaper of general circulation in the municipality of a notice of the resolution’s adoption and of its content in summary form. An additional deposit or pledge may from time to time be similarly so required as a condition precedent to the continuation of action by the municipality. Whenever such deposit or pledge is so made and thereafter the governing body shall determine that such acquisition is not feasible within a reasonable period of time, the governing body may require that all or any portion of the costs theretofore incurred in connection therewith by the municipality after its receipt of the petition shall be defrayed from such deposit or the proceeds of such pledged property in the absence of such defrayment of costs by petitioners or other interested persons within 20 days after the determination by resolution of the amount so to be defrayed and after such published notice thereof.

      2.  A petition signed by owners of tracts constituting at least one-half of the basis used for computation of assessments is sufficient to initiate procedures for acquiring or improving a [commercial area vitalization] neighborhood improvement project. A petition for acquiring or improving a [commercial area vitalization] neighborhood improvement project must be accompanied by a plan describing proposed improvements and a proposed assessment plat when submitted to the governing body.

      Sec. 8. NRS 271.290 is hereby amended to read as follows:

      271.290  1.  Except as otherwise expressly provided or necessarily implied in this section or in NRS 271.285, upon the filing of such a petition, the governing body shall proceed in the same manner as is provided for hereby where proceedings are initiated by the governing body.

      2.  Upon the filing of a petition for the acquisition or improvement of a [commercial area vitalization] neighborhood improvement project, the governing body shall hold a public hearing on the petition. At least 20 days before the public hearing, the governing body shall:

      (a) Mail notice of the hearing to each owner of real property within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district; and

      (b) Publish notice of the hearing in a newspaper of general circulation in the municipality,

 


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Ê describing the purpose and general location of the proposed improvement district, and the date, time and place of the proposed public hearing.

      3.  At the public hearing, any owner of real property or tenant who resides or owns a business located within the proposed district for a [commercial area vitalization] neighborhood improvement project may present, orally or in writing, the reasons why he or she believes that:

      (a) The petition does not contain a sufficient number of qualified signatures; or

      (b) The finding required by subsection 4 cannot reasonably be made with respect to any part of the proposed improvement district.

      4.  After consideration of any objections made at the hearing, and of any other information reasonably known to it, the governing body must, as a condition precedent to the initiation of the procedure for acquiring or improving a [commercial area vitalization] neighborhood improvement project, find that the public interest will benefit by the provision of the proposed improvements within that part of the municipality. In making this determination, the governing body shall consider the differences it finds between the municipality as a whole and the territory within and adjacent to the proposed improvement district.

      Sec. 9. NRS 271.296 is hereby amended to read as follows:

      271.296  1.  The governing body may, by resolution, dissolve an improvement district that is created for the purposes of a [commercial area vitalization] neighborhood improvement project if property owners whose property is assessed for a combined total of more than 50 percent of the total amount of the assessments of all the property in the improvement district submit a written petition to the governing body that requests the dissolution of the district within the period prescribed in subsection 2.

      2.  The dissolution of an improvement district pursuant to this section may be requested within 30 days after:

      (a) The first anniversary of the date the improvement district was created; and

      (b) Each subsequent anniversary thereafter.

      3.  As soon as practicable after the receipt of the written petition of the property owners submitted pursuant to subsection 1, the governing body shall pass a resolution of intention to dissolve the improvement district. The governing body shall give notice of a hearing on the dissolution. The notice must be provided and the hearing must be held pursuant to the requirements set forth in NRS 271.377. If the governing body determines that dissolution of the improvement district is appropriate, it shall dissolve the improvement district by resolution, effective not earlier than the 30th day after the hearing.

      4.  If there is indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the improvement district, the portion of the assessment necessary to pay the indebtedness remains effective and must be continued in the following years until the debt is paid.

      Sec. 10. NRS 271.297 is hereby amended to read as follows:

      271.297  An association with which a governing body contracts pursuant to NRS 271.332 may, at any time, request that the governing body modify a plan or plat with regard to the [commercial area vitalization] neighborhood improvement project. Upon the written request of the association, the governing body may modify the plan or plat by ordinance after holding a hearing on the proposed modification pursuant to NRS 271.377. If the proposed modification of a plat expands the territory for assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district [and which is used exclusively for residential purposes] may file a protest pursuant to NRS 271.392 at any time before the governing body modifies the plat by ordinance.

 


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assessment, a person who owns or resides within a tract which is located within the territory proposed to be added to the improvement district [and which is used exclusively for residential purposes] may file a protest pursuant to NRS 271.392 at any time before the governing body modifies the plat by ordinance. A petition is not required for a modification made pursuant to this section.

      Sec. 11. NRS 271.305 is hereby amended to read as follows:

      271.305  1.  In the provisional order the governing body shall set a time, at least 20 days thereafter, and a place at which the owners of the tracts to be assessed, or any other interested persons, may appear before the governing body and be heard as to the propriety and advisability of acquiring or improving, or acquiring and improving, the project or projects provisionally ordered. If a mobile home park is located on one or more of the tracts to be assessed, the notice must be given to the owner of the tract and each tenant of that mobile home park.

      2.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      3.  Proof of publication must be by affidavit of the publisher.

      4.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      5.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, any penalties, and any collection costs.

      6.  The notice may be prepared by the engineer and ratified by the governing body, and, except as otherwise provided in subsection 7, must state:

      (a) The kind of project proposed.

      (b) The estimated cost of the project, and the portion, if any, to be paid from sources other than assessments.

      (c) The basis for apportioning the assessments, which assessments must be in proportion to the special benefits derived to each of the several tracts comprising the assessable property and on a front foot, area, zone or other equitable basis.

      (d) The number of installments and time in which the assessments will be payable.

      (e) The maximum rate of interest on unpaid installments of assessments.

      (f) The extent of the improvement district to be assessed, by boundaries or other brief description.

      (g) The time and place of the hearing where the governing body will consider all objections to the project.

      (h) That all written objections to the project must be filed with the clerk of the municipality at least 3 days before the time set for the hearing.

      (i) If the project is not a [commercial area vitalization] neighborhood improvement project, that pursuant to NRS 271.306, if a majority of the property owners to be assessed for a project proposed by a governing body object in writing within the time stated in paragraph (h), the project must not be acquired or improved unless:

 


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             (1) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy or assessments; or

             (2) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets.

      (j) That the description of the tracts to be assessed, the maximum amount of benefits estimated to be conferred on each such tract and all proceedings in the premises are on file and can be examined at the office of the clerk.

      (k) Unless there will be no substantial change, that a substantial change in certain existing street elevations or grades will result from the project, without necessarily including any statement in detail of the extent or location of any such change.

      (l) That a person should object to the formation of the district using the procedure outlined in the notice if the person’s support for the district is based upon a statement or representation concerning the project that is not contained in the language of the notice.

      (m) That if a person objects to the amount of maximum benefits estimated to be assessed or to the legality of the proposed assessments in any respect:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person desires to present on these issues must be presented at the hearing; and

             (3) Evidence on these issues that is not presented at the hearing may not thereafter be presented in an action brought pursuant to NRS 271.315.

      (n) If the project is a [commercial area vitalization] neighborhood improvement project, that:

             (1) A person who owns or resides within a tract in the proposed improvement district [and which is used exclusively for residential purposes] may file a protest to inclusion in the assessment plat pursuant to NRS 271.392; and

             (2) Pursuant to NRS 271.306, if written remonstrances by the owners of tracts constituting one-third or more of the basis for the computation of assessments for the [commercial area vitalization] neighborhood improvement project are presented to the governing body, the governing body shall not proceed with the [commercial area vitalization] neighborhood improvement project.

      7.  The notice need not state either or both of the exceptions stated in subsection 2 of NRS 271.306 unless either or both of the exceptions are determined by the governing body or the engineer to be relevant to the proposed improvement district to which the notice appertains.

      8.  All proceedings may be modified or rescinded wholly or in part by resolution adopted by the governing body, or by a document prepared by the engineer and ratified by the governing body, at any time before the passage of the ordinance adopted pursuant to NRS 271.325, creating the improvement district, and authorizing the project.

      9.  No substantial change in the improvement district, details, preliminary plans or specifications or estimates may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first, except:

 


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      (a) As otherwise provided in NRS 271.640 to 271.646, inclusive; or

      (b) For the deletion of a portion of a project and property from the proposed program and improvement district or any assessment unit.

      10.  The engineer may make minor changes in time, plans and materials entering into the work at any time before its completion.

      11.  If the ordinance is for a [commercial area vitalization] neighborhood improvement project, notice sent pursuant to this section must be sent by mail to each person who owns real property which is located within the proposed improvement district and to each tenant who resides or owns a business located within the proposed improvement district.

      Sec. 12. NRS 271.306 is hereby amended to read as follows:

      271.306  1.  Regardless of the basis used for apportioning assessments, the amount apportioned to a wedge or V or any other irregularly shaped tract must be in proportion to the special benefits thereby derived.

      2.  Except as otherwise provided in subsections 3 and 4, if, within the time specified in the notice, complaints, protests and objections in writing, that is, all written remonstrances, against acquiring or improving the project proposed by initiation of the governing body are filed with the clerk, signed by the owners of tracts constituting a majority of the frontage, of the area, of the zone, or of the other basis for the computation of assessments, as the case may be, of the tracts to be assessed in the improvement district or in the assessment unit if the improvement district is divided into assessment units, the project therein must not be acquired or improved unless:

      (a) The municipality pays one-half or more of the total cost of the project, other than a park project, with money derived from other than the levy of assessments; or

      (b) The project constitutes not more than 2,640 feet, including intersections, remaining unimproved in any street, including an alley, between improvements already made to either side of the same street or between improvements already made to intersecting streets. In this case the governing body may on its own motion cause the intervening and unimproved part of the street to be improved. Such improvements will not be stayed or defeated or prevented by written complaints, protests and objections thereto, unless the governing body in its sole discretion, deems such written complaints, protests and objections proper to cause the improvement to be stayed or prevented.

      3.  Written remonstrances by the owners of tracts constituting 50 percent of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a street beautification project.

      4.  Written remonstrances by the owners of tracts constituting at least one-third of the basis for the computation of assessments suffice to preclude the acquisition or improvement of a [commercial area vitalization] neighborhood improvement project. For the purposes of this subsection, the property of a single owner may not be counted as constituting more than 10 percent of the basis.

      Sec. 13. NRS 271.325 is hereby amended to read as follows:

      271.325  1.  When an accurate estimate of cost, full and detailed plans and specifications and map are prepared, are presented and are satisfactory to the governing body, it shall, by resolution, make a determination that:

      (a) Public convenience and necessity require the creation of the district; and

      (b) The creation of the district is economically sound and feasible.

 


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Ê This determination may be made part of the ordinance creating the district adopted pursuant to subsection 2 and is conclusive in the absence of fraud or gross abuse of discretion.

      2.  The governing body may, by ordinance, create the district and order the proposed project to be acquired or improved. This ordinance may be adopted and amended as if an emergency existed.

      3.  The ordinance must prescribe:

      (a) The extent of the improvement district to be assessed, by boundaries or other brief description, and similarly of each assessment unit therein, if any.

      (b) The kind and location of each project proposed, without mentioning minor details.

      (c) The amount or proportion of the total cost to be defrayed by assessments, the method of levying assessments, the number of installments and the times in which the costs assessed will be payable.

      (d) The character and extent of any construction units.

      4.  The engineer may further revise the cost, plans and specifications and map from time to time for all or any part of any project, and the ordinance may be appropriately amended. Except as otherwise provided in NRS 271.640 to 271.646, inclusive, such amendment must take place before letting any construction contract therefor and before any work being done other than by independent contract let by the municipality.

      5.  The ordinance, if amended, must order the work to be done as provided in this chapter.

      6.  Upon adoption or amendment of the ordinance, the governing body shall cause to be recorded in the office of the county recorder a certified copy of a list of the tracts to be assessed and the amount of maximum benefits estimated to be assessed against each tract in the assessment area, as shown on the assessment plat as revised and approved by the governing body pursuant to NRS 271.320. Neither the failure to record the list as provided in this subsection nor any defect or omission in the list regarding any parcel or parcels to be included within the district affects the validity of any assessment, the lien for the payment thereof or the priority of that lien.

      7.  The governing body may not adopt an ordinance creating or modifying the boundaries of an improvement district for a [commercial area vitalization] neighborhood improvement project if the boundaries of the improvement district overlap an existing improvement district created for a [commercial area vitalization] neighborhood improvement project.

      Sec. 14. NRS 271.332 is hereby amended to read as follows:

      271.332  1.  A governing body that forms an improvement district for a [commercial area vitalization] neighborhood improvement project may contract with a nonprofit association to provide the improvements that are specified in the plans for the [commercial area vitalization] neighborhood improvement project. If creation of the [commercial] improvement district was initiated by petition, the governing body shall contract for that purpose with the association named in the plan for management of the improvement district.

      2.  An association with which a governing body contracts pursuant to subsection 1 must be a private nonprofit corporation and must be identified in the plan for management of the improvement district. The association shall maintain liability insurance covering its activities.

 


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      3.  The contract between the governing body and the association is a contract for professional services and is not subject to the limitations of subsection 1 of NRS 354.626. The terms of the contract may extend:

      (a) Beyond the terms of office of members of the governing body; and

      (b) For the time necessary to cover the life of improvements and to fulfill financial commitments for equipment, services and related undertakings.

      4.  The association does not become a political subdivision, local government, public body, governmental agency or entity, establishment of the government, public corporation or quasi-public corporation for any purpose solely on the basis of a contract entered into with a governing body pursuant to subsection 1.

      5.  A contract executed pursuant to this section must ensure that the type and level of services provided by the municipality at the time of the creation of the improvement district continue after the improvement district is formed.

      Sec. 15. NRS 271.3695 is hereby amended to read as follows:

      271.3695  1.  In a county whose population is 100,000 or more , [but less than 700,000,] on or before June 30 of each year after the levy of an assessment within an improvement district located in a redevelopment area selected pursuant to NRS 279.524 to pay, in whole or in part, the costs and expenses of constructing or substantially reconstructing a project, the governing body may prepare and approve an estimate of the expenditures required during the ensuing year for the extraordinary maintenance, repair and improvement of the project.

      2.  The governing body may adopt a resolution, after a public hearing, determining to levy and collect in any year upon and against all of the assessable property within the district a special assessment sufficient to raise a sum of money not to exceed the amount estimated pursuant to subsection 1 for the extraordinary maintenance, repair and improvement of the project. Notice of the hearing must be given, and the hearing conducted, in the manner specified in NRS 271.305.

      3.  The special assessment must be levied, collected and enforced at the same time, in the same manner, by the same officers and with the same interest and penalties as other special assessments levied pursuant to this chapter. The proceeds of the assessment must be placed in a separate fund of the municipality and expended only for the extraordinary maintenance, repair or improvement of the project.

      4.  As used in this section, “extraordinary maintenance, repair and improvement” includes all expenses ordinarily incurred not more than once every 5 years to keep the project in a fit operating condition. Expenses which are ordinarily incurred more than once every 5 years may be included only if the governing body expressly finds that the expenses must be incurred in order to maintain the level of benefit to the assessed parcels and that the level of benefit would otherwise decline more rapidly than usual because of special circumstances relating to the project for which the assessment is levied, including its use, location or operation and other circumstances. If the governing body makes such a finding, a statement of that finding must be included in the notice given pursuant to subsection 2.

      Sec. 16. NRS 271.377 is hereby amended to read as follows:

      271.377  1.  On or before June 30 of each year after the governing body acquires or improves a [commercial area vitalization] neighborhood improvement project, the governing body shall prepare or cause to be prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property.

 


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prepared an estimate of the expenditures required in the ensuing fiscal year and a proposed assessment roll assessing an amount not greater than the estimated cost against the benefited property. The assessment must be computed according to frontage or another uniform and quantifiable basis.

      2.  The governing body shall hold a public hearing upon the estimate of expenditures and the proposed assessment roll. Notice must be given and the hearing conducted in the manner provided in NRS 271.380 and 271.385. The assessment may not exceed the amount stated in the proposed assessment roll unless a new hearing is held after notice is mailed and published in the manner provided in NRS 271.305 and 271.310.

      3.  After the public hearing, the governing body shall confirm the assessments, as specified in the proposed assessment roll or as modified, and levy the assessment as provided in NRS 271.390.

      4.  An improvement district created for a [commercial area vitalization] neighborhood improvement project is not entitled to any distribution from the local government tax distribution account.

      Sec. 17. NRS 271.392 is hereby amended to read as follows:

      271.392  1.  Before a proposed assessment plat for a [commercial area vitalization] neighborhood improvement project is adopted by ordinance, a person who owns or resides within a tract which [:

      (a) Is] is located within the proposed improvement district [; and

      (b) Is used exclusively for residential purposes,

Ê] may file with the clerk a written protest to the inclusion of the tract in the assessment plat. The protest must be accompanied by a legal description of the tract.

      2.  Upon receipt of a protest pursuant to subsection 1, the clerk shall provide a copy of the protest and legal description of the property to the governing body.

      3.  Before adopting a resolution or ordinance pursuant to NRS 271.325 and before adopting an ordinance that modifies an assessment plat for a [commercial area vitalization] neighborhood improvement project to include additional tracts of land, the governing body shall modify the assessment plat [for a commercial area vitalization project] to exclude any tract for which it received a protest pursuant to this section and which it determines will not benefit from the activities or improvements that are proposed to be provided by the [commercial area vitalization] neighborhood improvement project.

      Sec. 18. NRS 271.428 is hereby amended to read as follows:

      271.428  1.  When all outstanding bonds, principal, interest and prior redemption premiums, if any, of such a district have been paid and any surplus amounts remain in the fund established pursuant to NRS 271.490 to the credit of the district, the surplus after the payment of valid claims for refund, if any, must be transferred to a surplus and deficiency fund. The governing body may at any time, by resolution or ordinance, authorize the deposit of any money otherwise available to the surplus and deficiency fund.

      2.  Amounts in the surplus and deficiency fund may be used by the governing body to pay costs incurred in connection with:

      (a) The issuance of refunding bonds pursuant to NRS 271.488; [or]

      (b) Collecting delinquent assessments pursuant to NRS 271.445 and 271.540 to 271.630, inclusive [.] ;

      (c) Refunding, pursuant to NRS 271.429, the surplus amounts in the special fund created for the district pursuant to NRS 271.490;

      (d) Legal fees or other costs that relate to an improvement district; or

 


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      (e) Modifying a project pursuant to NRS 271.640 to 271.646, inclusive.

      3.  Whenever there is a deficiency in any fund established pursuant to NRS 271.490 for the payment of the bonds and interest thereon for any improvement district created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or 318.070, the deficiency must first be paid out of the surplus and deficiency fund to the extent of the money available in the fund before any payment is made out of the general fund of the municipality as provided by NRS 271.495.

      4.  Amounts in the surplus and deficiency fund which exceed 10 percent of the principal amount of outstanding bonds of the municipality for all improvement districts created pursuant to former NRS 244A.193 or pursuant to NRS 271.325 or 318.070 at the end of each fiscal year may be used:

      (a) To make up deficiencies in any assessment which proves insufficient to pay for the cost of the project or work for which the assessment has been levied.

      (b) To advance amounts for the cost of any project or work in any district created pursuant to any of these sections.

      (c) To provide for the payment of assessments levied against, or attributable to, property owned by the municipality or the Federal Government.

      5.  At the end of each fiscal year any excess amount described in subsection 4 may be transferred to the general fund of the municipality as the governing body directs by resolution.

      Sec. 19. NRS 271.429 is hereby amended to read as follows:

      271.429  1.  Except as otherwise provided in subsection 2, when all outstanding bonds, principal, interest and prior redemption premiums, if any, of a district have been paid, surplus amounts remaining in the special fund created for that district pursuant to NRS 271.490 must be refunded as follows:

      (a) If amounts have been advanced from the general fund of the municipality as required by NRS 271.495 for the payment of any bonds or interest thereon of such district, those amounts must first be returned to the general fund of the municipality.

      (b) If a surplus and deficiency fund has been established pursuant to NRS 271.428, and amounts have been advanced from the surplus and deficiency fund for the payment of bonds or interest thereon of such district, those amounts must be returned to the surplus and deficiency fund.

      (c) The treasurer shall thereupon determine the amount remaining in the fund created for the district pursuant to NRS 271.490 and deduct therefrom the amount of administrative costs of returning that surplus and any other administrative costs incurred by the municipality related to the improvement district or the project which have not been otherwise reimbursed. An amount equal to the actual administrative costs must be returned to the fund from which the administrative costs were paid.

      (d) If the remaining surplus is [$25,000] $50,000 or less, that amount must be deposited to the surplus and deficiency fund.

      (e) If the remaining surplus is more than [$25,000,] $50,000, the treasurer shall:

             (1) Deposit [$25,000] $50,000 in the surplus and deficiency fund;

             (2) Apportion the amount of the surplus in excess of [$25,000] $50,000 among the tracts of land assessed in the district; and

             (3) Report this apportionment to the governing body.

 


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      (f) Upon the approval of this apportionment by the governing body, the treasurer shall thereupon give notice by mail and by publication of the availability of the surplus for refund.

      (g) The notice must also state that the owner or owners of record on the date specified by the notice of each tract of land which was assessed may request the refund of the surplus apportioned to that tract by filing a claim therefor with the treasurer within 60 days after the date of the mailing of the notice. Thereafter claims for such refunds are perpetually barred.

      (h) Surplus amounts, if any, remaining after the payment of all valid claims filed with the treasurer within the 60-day period must be transferred to the surplus and deficiency fund.

      (i) Valid claims for refund filed in excess of the surplus available for each separate tract may be apportioned ratably among the claimants by the treasurer.

      2.  Subsection 1 does not apply to change or alter the distribution of any surplus pursuant to a written agreement that was entered into by a district on or before June 18, 1993.

      Sec. 20. NRS 271.445 is hereby amended to read as follows:

      271.445  1.  When any assessment is so levied by ordinance against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, and is payable, the governing body shall direct:

      (a) The clerk to report to the county assessor a description of such tracts as are contained in the roll, with the amount of the assessment levied upon each and the name of the owner or occupant against whom the assessment was made.

      (b) The municipal treasurer or the county treasurer to collect the several sums so assessed.

      2.  If the municipal treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, shall be collected and enforced, both before and after delinquency, in the manner provided in NRS 271.540 to 271.625, inclusive, except as otherwise provided in the ordinance levying the assessments.

      3.  If the county treasurer has been directed to collect unpaid assessments, the amount so levied in the assessment roll against property, including, without limitation, property owned by a person or property owned by this State or any political subdivision of this State, shall be collected and enforced, both before and after delinquency, by the county treasurer and other county officers [, as provided by law,] with the other taxes in the general assessment roll of the county, as provided by law and in the same manner, except as otherwise provided in the ordinance levying the assessments.

      4.  Such amounts shall continue to be a lien upon the tracts assessed until paid, as provided in NRS 271.420.

      5.  When such amount is collected, it shall be credited to the proper funds.

      6.  The assessment roll and the certified ordinance levying the assessment shall be prima facie evidence of the regularity of the proceedings in making the assessment and of the right to recover judgment therefor.

 


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      7.  The ordinance authorizing the levy of assessments must allow the governing body to authorize the treasurer to reduce or waive for good cause the collection of any penalties assessed pursuant to subsection 4 of NRS 271.415 and any interest incurred pursuant to NRS 271.585. If the ordinance does not authorize such a reduction or waiver, the governing body may, by resolution, grant authority to the treasurer to reduce or waive the collection of any interest incurred pursuant to NRS 271.585 relating to property for which the municipal clerk is the custodian of the certificate for the property pursuant to NRS 271.575 if the governing body makes a finding that the reduction or waiver will not cause the improvement district to have insufficient money to pay any principal and interest for the improvement district that are payable from the assessments.

      Sec. 21. (Deleted by amendment.)

      Sec. 22. NRS 271.6415 is hereby amended to read as follows:

      271.6415  1.  After receipt of the report required pursuant to NRS 271.641, the governing body may, by ordinance and without a protest hearing, modify the project, the assessments on each tract in the improvement project, the assessment installments and the due dates of the assessment installments as provided in the report pursuant to the provisions of this section if:

      (a) The governing body determines that the public convenience and necessity require the modification;

      (b) The report prepared and filed by the engineer pursuant to NRS 271.641 states that the modified portion of the project, as modified, is functionally equivalent to that portion of the project before modification;

      (c) The estimated cost of the modified portion of the project, as modified, is not greater than the original cost of that portion of the project before modification;

      (d) The owner of each tract in the improvement district which is proposed to have its assessment [modified or which derives benefits from the portion of the project proposed to be eliminated or modified or from the additions proposed to be made to the project] increased has filed written consent to the modification with the clerk [and there are no residential lots within 1,500 feet of the portion of the project impacted;

      (c) There has been filed with the clerk:

             (1) Evidence that the modification has been consented to by the owners of the bonds for the improvement district which are payable from the assessments in the manner as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

             (2) An opinion from independent bond counsel stating that the modification does not materially and adversely affect the interests of the owners of the bonds; and

      (d)] ;

      (e) The aggregate amount of the assessments on the tracts in the improvement district remains the same; and

      (f) The governing body determines that, upon modification of the project and, if applicable, the assessments, the amount assessed against each tract in the improvement district does not exceed the maximum special benefits to be derived by each such tract from the project.

      2.  A determination that is made pursuant to this section is conclusive in the absence of fraud or gross abuse of discretion.

 


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      3.  An ordinance adopted pursuant to this section may be adopted as if an emergency existed.

      Sec. 23. NRS 271.642 is hereby amended to read as follows:

      271.642  1.  After receipt of the report required pursuant to NRS 271.641, if the governing body does not proceed pursuant to NRS 271.6415, the governing body may make a provisional order by resolution to the effect that the project will be modified.

      2.  In a provisional order made pursuant to subsection 1, the governing body shall set a time, at least 20 days thereafter, and a place at which the owner of each tract in the improvement district, or any other interested person, may appear before the governing body and be heard as to the propriety and advisability of modifying the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments. If there are permanent residential [lots within 1,500 feet of the project] dwelling units in the improvement district or a mobile home park is located on a tract in the improvement district, the notice must be given to the owner [of the tract and each owner of a residential lot within 1,500 feet] of each such dwelling unit, the owner of the tract on which the mobile home park is located and each tenant of the mobile home park [.] , as applicable.

      3.  Notice must be given:

      (a) By publication.

      (b) By mail.

      (c) By posting.

      4.  Proof of publication must be by affidavit of the publisher.

      5.  Proof of mailing and proof of posting must be by affidavit of the engineer, clerk, or any deputy mailing the notice and posting the notice, respectively.

      6.  Proof of publication, proof of mailing and proof of posting must be maintained in the records of the municipality until all the assessments appertaining to the project have been paid in full, including principal, interest, penalties and any collection costs.

      7.  The notice must be prepared by the engineer, ratified by the governing body and state:

      (a) In general terms, the proposed modification of the project.

      (b) The estimated cost of the project, as modified, and the amount by which that cost is greater or less than the original cost of the project, as reflected in the ordinance creating the improvement district and ordering the project to be acquired or improved.

      (c) The time and place of the hearing where the governing body will consider all objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments.

      (d) That all written objections to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments must be filed with the clerk at least 3 days before the time set for the hearing.

      (e) That if the owners of tracts in the improvement district which:

             (1) Are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project; and

             (2) Upon the modification of the project and, if applicable, the assessments, will in the aggregate have assessments greater than 50 percent of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

 


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of the aggregate amount of the assessments on the tracts in the improvement district which are proposed to have assessments modified or which derive benefits from the portion of the project proposed to be eliminated or changed or from the additions proposed to be made to the project,

Ê object in writing, within the time stated in paragraph (d), to such modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the installments will not be made.

      (f) That if the assessment on any tract is increased as a result of the modification of the project, the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless the owner of each such tract has consented in writing to the increase.

      (g) That the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments will not be made unless there has been filed with the clerk:

             (1) Evidence that the modification is consented to:

                   (I) By the owners of the bonds for the improvement district which are payable from the assessments; and

                   (II) In the same manner as amendments to the ordinance creating the improvement district and ordering the project to be acquired or improved, as provided in the ordinance or in the indenture, fiscal agent agreement, resolution or other instrument pursuant to which the bonds are issued; or

             (2) An opinion from an independent bond counsel stating that the modification does not materially adversely affect the interests of the owners of the bonds.

      (h) That all proceedings regarding and records of the following are available for inspection at the office of the clerk:

             (1) The amount of maximum special benefits estimated to be derived from the project, as modified, by each tract in the improvement district;

             (2) If applicable, the modified assessment on each tract in the improvement district resulting from the modification of the project; and

             (3) If applicable, the modified assessment installments and the due dates of the assessment installments.

      (i) That a person may object to the modification of the project and, if applicable, the assessments, the assessment installments and the due dates of the assessment installments using the procedure outlined in the notice.

      (j) That if a person objects to the amount of maximum special benefits estimated to be derived from the project, as modified, or to the legality of the proposed modification in any respect:

             (1) The person is entitled to be represented by counsel at the hearing;

             (2) Any evidence the person wants to present must be presented at the hearing; and

             (3) Evidence that is not presented at the hearing may not be presented in an action brought pursuant to NRS 271.6435.

      8.  No substantial change in the proposed modification of the project or, if applicable, the assessments, the assessment installments or the due dates of the assessment installments may be made after the first publication, posting or mailing of notice to property owners, whichever occurs first.

      Sec. 24. NRS 271A.020 is hereby amended to read as follows:

      271A.020  [Except] As used in this chapter, except as otherwise provided in NRS 271A.030 to 271A.060, inclusive, and unless the context otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and section 1 of this act and 271A.030 to 271A.060, inclusive, have the meanings ascribed to them in those sections.

 


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otherwise requires, the words and terms defined in NRS 271.035 to 271.250, inclusive, and section 1 of this act and 271A.030 to 271A.060, inclusive, have the meanings ascribed to them in those sections.

      Secs. 25 and 26. (Deleted by amendment.)

      Sec. 27. NRS 361.585 is hereby amended to read as follows:

      361.585  1.  When the time allowed by law for the redemption of a property described in a certificate has expired and no redemption has been made, the tax receiver who issued the certificate, or his or her successor in office, shall execute and deliver to the county treasurer a deed of the property in trust for the use and benefit of the State and county and any officers having fees due them.

      2.  The county treasurer and his or her successors in office, upon obtaining a deed of any property in trust under the provisions of this chapter, shall hold that property in trust until it is sold or otherwise disposed of pursuant to the provisions of this chapter.

      3.  Notwithstanding the provisions of NRS 361.595 or 361.603, at any time during the 90-day period specified in NRS 361.603, or not later than 5 p.m. on the third business day before the day of the sale by a county treasurer, as specified in the notice required by NRS 361.595, of any property held in trust by him or her by virtue of any deed made pursuant to the provisions of this chapter, any person specified in subsection 4 is entitled to have the property reconveyed upon the receipt by the county treasurer of payment by or on behalf of that person of an amount equal to the taxes accrued, together with any costs, penalties and interest legally chargeable against the property. A reconveyance may not be made after expiration of the 90-day period specified in NRS 361.603.

      4.  Property may be reconveyed pursuant to subsection 3 to one or more of the persons specified in the following categories, or to one or more persons within a particular category, as their interests may appear of record:

      (a) The owner.

      (b) The beneficiary under a note and deed of trust.

      (c) The mortgagee under a mortgage.

      (d) The creditor under a judgment.

      (e) The person to whom the property was assessed.

      (f) The person holding a contract to purchase the property before its conveyance to the county treasurer.

      (g) The Director of the Department of Health and Human Services if the owner has received or is receiving any benefits from Medicaid.

      (h) The successor in interest of any person specified in this subsection.

      (i) A municipality that holds a lien against the property.

      5.  The provisions of this section apply to land held in trust by a county treasurer on or after April 17, 1971.

      Sec. 28. NRS 361.595 is hereby amended to read as follows:

      361.595  1.  Any property held in trust by any county treasurer by virtue of any deed made pursuant to the provisions of this chapter may be sold and conveyed in the manner prescribed in this section and in NRS 361.603 or conveyed without sale as provided in NRS 361.604.

      2.  If the property is to be sold, the board of county commissioners may make an order, to be entered on the record of its proceedings, directing the county treasurer to sell the property particularly described therein, after giving notice of sale, for a total amount not less than the amount of the taxes, costs, penalties and interest legally chargeable against the property as stated in the order.

 


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      3.  Notice of the sale must specify the day, time and place of the sale and be:

      (a) Posted in at least three public places in the county, including one at the courthouse and one on the property, not less than 20 days before the day of sale or, in lieu of such a posting, by publication of the notice at least once a week for 4 consecutive weeks by four weekly insertions in some newspaper published within the county, the first publication being at least 22 days before the day of the sale, if the board of county commissioners so directs.

      (b) Mailed by certified mail, return receipt requested, not less than 90 days before the day of the sale, to the owner of the parcel as shown on the tax roll and to any person or governmental entity that appears in the records of the county to have a lien or other interest in the property. If the receipt is returned unsigned, the county treasurer must make a reasonable attempt to locate and notify the owner or other person or governmental entity before the sale.

      4.  [Upon compliance with such an order the] Except as otherwise provided in subsection 5, the county treasurer shall make, execute and deliver to any purchaser, upon payment to the county treasurer, as trustee, of a consideration not less than that specified in the order, a quitclaim deed, discharged of any trust of the property mentioned in the order.

      5.  If, not later than 5 p.m. on the third business day immediately preceding the day of the sale by the county treasurer, a municipality provides the county treasurer with an affidavit signed by the treasurer of the municipality stating that:

      (a) The municipality sold the property or the property was stricken off to the municipality pursuant to NRS 271.560; and

      (b) A certificate of sale for the property was issued to the purchaser pursuant to NRS 271.570 or to the municipality pursuant to NRS 271.560,

Ê the county treasurer may not issue the quitclaim deed described in subsection 4 unless the person who purchased the property from the county pays to the municipality any amount owed pursuant to the certificate of sale issued pursuant to NRS 271.560 and 271.570 and the municipality provides an affidavit signed by the treasurer of the municipality stating that such amounts have been paid. If the purchaser does not pay the amount owed to the municipality within 20 days after the sale of the property by the county, the sale of the property by the county is void and the county treasurer may retain for administrative costs not more than 10 percent of the purchase amount paid by the purchaser.

      6.  Before delivering [any such] a deed, the county treasurer shall record the deed at the expense of the purchaser.

      [6.]7.  All [such] deeds [,] issued pursuant to this section, whether issued before, on or after July 1, 1955, are primary evidence:

      (a) Of the regularity of all proceedings relating to the order of the board of county commissioners, the notice of sale and the sale of the property; and

      (b) That, if the real property was sold to pay taxes on personal property, the real property belonged to the person liable to pay the tax.

      [7.]8.  No [such] deed may be executed and delivered by the county treasurer until he or she files at the expense of the purchaser, with the clerk of the board of county commissioners, proper affidavits of posting and of publication of the notice of sale, as the case may be, together with his or her return of sale, verified, showing compliance with the order of the board of county commissioners, which constitutes primary evidence of the facts recited therein.

 


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      [8.]9.  If the deed when regularly issued is not recorded in the office of the county recorder, the deed, and all proceedings relating thereto, is void as against any subsequent purchaser in good faith and for a valuable consideration of the same property, or any portion thereof, when his or her own conveyance is first recorded.

      [9.]10.  The board of county commissioners shall provide its clerk with a record book in which must be indexed the name of each purchaser, together with the date of sale, a description of the property sold, a reference to the book and page of the minutes of the board of county commissioners where the order of sale is recorded, and the file number of the affidavits and return.

      Sec. 29. (Deleted by amendment.)

      Sec. 29.5. NRS 361.610 is hereby amended to read as follows:

      361.610  1.  Out of the sale price or rents of any property of which he or she is trustee, the county treasurer shall pay the costs due any officer for the enforcement of the tax upon the parcel of property and all taxes owing thereon, and upon the redemption of any property from the county treasurer as trustee, he or she shall pay the redemption money over to any officers having fees due them from the parcels of property and pay the tax for which it was sold and pay the redemption percentage according to the proportion those fees respectively bear to the tax.

      2.  In no case may:

      (a) Any service rendered by any officer under this chapter become or be allowed as a charge against the county; or

      (b) The sale price or rent or redemption money of any one parcel of property be appropriated to pay any cost or tax upon any other parcel of property than that so sold, rented or redeemed.

      3.  After paying all the tax and costs upon any one parcel of property, the county treasurer shall pay into the general fund of the county, from the excess proceeds of the sale:

      (a) The first $300 of the excess proceeds; and

      (b) Ten percent of the next $10,000 of the excess proceeds.

      4.  The amount remaining after the county treasurer has paid the amounts required by subsection 3 must be deposited in an interest-bearing account maintained for the purpose of holding excess proceeds separate from other money of the county. If no claim is made for the excess proceeds within 1 year after the deed given by the county treasurer is recorded, the county treasurer shall pay the money into the general fund of the county, and it must not thereafter be refunded to the former property owner or his or her successors in interest. All interest paid on money deposited in the account required by this subsection is the property of the county.

      5.  If a person who would have been entitled to receive reconveyance of the property pursuant to NRS 361.585 makes a claim in writing for the excess proceeds within 1 year after the deed is recorded, the county treasurer shall pay the claim or the proper portion of the claim over to the person if the county treasurer is satisfied that the person is entitled to it.

      6.  A claim for excess proceeds must be paid out in the following order of priority to:

      (a) The persons specified in paragraphs (b), (c), (d), (g) , [and] (h) and (i) of subsection 4 of NRS 361.585 in the order of priority of the recorded liens; and

      (b) Any person specified in paragraphs (a), (e) and (f) of subsection 4 of NRS 361.585.

 


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      7.  The county treasurer shall approve or deny a claim within 30 days after the period described in subsection 4 for filing a claim has expired. Any records or other documents concerning a claim shall be deemed the working papers of the county treasurer and are confidential. If more than one person files a claim, and the county treasurer is not able to determine who is entitled to the excess proceeds, the matter must be submitted to mediation.

      8.  If the mediation is not successful, the county treasurer shall:

      (a) Conduct a hearing to determine who is entitled to the excess proceeds; or

      (b) File an action for interpleader.

      9.  A person who is aggrieved by a determination of the county treasurer pursuant to this section may, within 90 days after the person receives notice of the determination, commence an action for judicial review of the determination in district court.

      10.  Any agreement to locate, deliver, recover or assist in the recovery of remaining excess proceeds of a sale which is entered into by a person who would have been entitled to receive reconveyance of the property pursuant to subsection 4 of NRS 361.585 must:

      (a) Be in writing.

      (b) Be signed by the person who would have been entitled to receive reconveyance.

      (c) Not provide for a fee of more than 10 percent of the total remaining excess proceeds of the sale due that person.

      11.  In addition to authorizing a person pursuant to an agreement described in subsection 10 to file a claim and collect from the county treasurer any property owed to the person, a person described in subsection 4 of NRS 361.585 may authorize a person pursuant to a power of attorney, assignment or any other legal instrument to file a claim and collect from the county treasurer any property owed to him or her. The county is not liable for any losses resulting from the approval of the claim if the claim is paid by the county treasurer in accordance with the provisions of the legal instrument.

      Sec. 30.  1.  For any improvement district formed before July 1, 2015, and conducting a commercial area vitalization project on that date, the amendatory provisions of this act shall not be deemed to:

      (a) Dissolve the improvement district.

      (b) Impair the authority of the governing body with respect to the project.

      (c) Affect any assessment levied to pay any indebtedness:

             (1) Incurred for the project before July 1, 2015; and

             (2) Remaining unpaid on that date.

      2.  As used in this section, “commercial area vitalization project” has the meaning ascribed to it in NRS 271.063, as that section existed before July 1, 2015.

      Sec. 31.  This act becomes effective on July 1, 2015.

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CHAPTER 32, SB 83

Senate Bill No. 83–Committee on Government Affairs

 

CHAPTER 32

 

[Approved: May 6, 2015]

 

AN ACT relating to state accountability; designating as confidential certain information that is reported to the Division of Internal Audits of the Department of Administration relating to abuse, fraud or waste with respect to public money; prohibiting the disclosure of such information by the Division with limited exceptions; requiring the Division to review information that is reported and prepare a report of its findings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Administration to establish a telephone hotline at which a person may report to the Division of Internal Audits of the Department information relating to abuse, fraud or waste with respect to public money received and used by an Executive Branch agency or certain contractors. (NRS 353A.049) Section 1 of this bill designates as confidential any information reported at the telephone hotline, including the identity of the person who reported the information. Section 1 further prohibits the Division from disclosing the confidential information with certain limited exceptions. Section 1 also requires the Division to perform a review upon receipt of any information reported and prepare a report of its findings from the review.

 

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 353A.049 is hereby amended to read as follows:

      353A.049  1.  The Director shall:

      (a) Establish a telephone number at which a person may confidentially report to the Division information relating to abuse, fraud or waste with respect to public money received and used by an agency or contractor; and

      (b) Create a written notice that:

             (1) Clearly identifies the telephone number established pursuant to paragraph (a); and

             (2) Contains a statement directing any person with any information relating to abuse, fraud or waste with respect to public money received and used by an agency or contractor to report the information at the telephone number established pursuant to paragraph (a).

      2.  The written notice created pursuant to paragraph (b) of subsection 1 must be posted conspicuously:

      (a) In each public building of an agency; and

      (b) On the Internet website maintained by the Department of Administration.

      3.  Upon receipt of information from a person calling the telephone number established pursuant to paragraph (a) of subsection 1, the Division shall perform a review and prepare a report of its findings. The report is a public record and:

 


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      (a) Must include, without limitation, an explanation of:

             (1) The purpose of the review; and

             (2) Any resolution or corrective action taken by the Division that resulted from the review.

      (b) Must not include the identity of the person who reported the information.

      4.  Except as otherwise provided in subsections 3 and 5, any information reported to the Division at the telephone number established pursuant to paragraph (a) of subsection 1, including, without limitation, the identity of the person who reported the information, is confidential.

      5.  The Division shall not disclose information that is confidential pursuant to subsection 4 except:

      (a) Pursuant to NRS 239.0115;

      (b) For the purpose of carrying out any duty of the Division prescribed by NRS 353A.031 to 353A.100, inclusive, or for the purpose of assisting the Director or Administrator in carrying out any duty of the Director or Administrator prescribed by this chapter;

      (c) Upon the lawful order of a court of competent jurisdiction; or

      (d) To the Office of the Attorney General or the office of a district attorney within this State for the purpose of investigating the alleged abuse, fraud or waste reported to the Division.

      6.  As used in this section:

      (a) “Contractor” means any person, business, organization or nonprofit corporation that contracts with an agency to receive public money. The term includes a subcontractor or a third party who receives any portion of the public money from the contractor to carry out any obligation pursuant to a contract between the contractor and the agency.

      (b) “Public money” means any money deposited with a depository by the State Treasurer and includes money which is received by an agency from the Federal Government for distribution and use in this State pursuant to a federal law or federal regulation.

      Sec. 2. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.

 


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ê2015 Statutes of Nevada, Page 166 (Chapter 32, SB 83)ê

 

338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

 


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

ê2015 Statutes of Nevada, Page 167 (Chapter 32, SB 83)ê

 

the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 33, SB 311

Senate Bill No. 311–Senator Kieckhefer

 

CHAPTER 33

 

[Approved: May 6, 2015]

 

AN ACT relating to irrigation districts; revising provisions relating to indebtedness and assessments by the board of directors of an irrigation district; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a board of directors of an irrigation district to incur an indebtedness not exceeding in the aggregate the sum of $1,000,000 and to levy certain assessments on all lands in the district. (NRS 539.480) This bill authorizes the board of directors of an irrigation district that has entered into a contract with the United States for the purpose of complying with the Reclamation Safety of Dams Act of 1978, 43 U.S.C. §§ 506 et seq., to incur an indebtedness not exceeding in the aggregate the sum of $6,000,000. This bill also provides that for the purpose of calculating assessments to pay the indebtedness of the district, fractional acres may be rounded up to the nearest whole acre.

 

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 539.480 is hereby amended to read as follows:

      539.480  1.  [For] Except as otherwise provided in subsection 2, for the purpose of organization or any of the purposes of this chapter, the board of directors may incur an indebtedness not exceeding in the aggregate the sum of $1,000,000 , and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

 


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ê2015 Statutes of Nevada, Page 168 (Chapter 33, SB 311)ê

 

      2.  A board of directors of a district that has entered into a contract with the United States pursuant to NRS 539.270 for purposes of complying with the federal Reclamation Safety of Dams Act, 43 U.S.C. §§ 506 et seq., may incur an indebtedness not exceeding in the aggregate the sum of $6,000,000, and may cause warrants or negotiable notes of the district to issue therefor, bearing interest which must not exceed by more than 5 percent the Index of Revenue Bonds which was most recently published before the bids are received or a negotiated offer is accepted. The board may levy an assessment on all lands in the district for the payment of those expenses.

      3.  Subject to the provisions of subsections [3, 4 and 5,] 4, 5 and 6, thereafter the board may levy:

      (a) An annual assessment, in the absence, except as otherwise provided in paragraph (b), of assessments therefor pursuant to any of the other provisions of this chapter, of not more than $1.50 per acre on all lands in the district for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses; and

      (b) An annual assessment of not more than $5 per acre on all the lands in the district for deposit in a capital improvement fund for the construction, reconstruction or maintenance of the irrigation system of the district and any appurtenances necessary thereto.

      [3.]4.  Annual assessments levied pursuant to the provisions of subsection [2] 3 may not cumulatively exceed $5 per acre.

      [4.]5.  No portion of the amount collected from the assessment levied pursuant to the provisions of paragraph (b) of subsection [2] 3 may be used for the payment of the ordinary and current expenses of the district, including the salaries of officers and other incidental expenses.

      [5.]6. An assessment authorized pursuant to this section may be calculated by rounding up to the nearest whole acre.

      7.  The assessments authorized pursuant to the provisions of subsection [2] 3 must be collected as provided in this chapter for the collection of other assessments.

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

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ê2015 Statutes of Nevada, Page 169ê

 

CHAPTER 34, SB 417

Senate Bill No. 417–Committee on Natural Resources

 

CHAPTER 34

 

[Approved: May 6, 2015]

 

AN ACT relating to wildlife; prohibiting the use of telemetry data to harass or take game mammals, game birds or other wildlife; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits certain activities relating to the taking of game mammals and game birds. (NRS 503.010, 503.150) Existing law also provides that a violation of the provisions which govern wildlife is a misdemeanor. (NRS 501.385) This bill prohibits the use of any information obtained from a radio signal or other transmission received from any transmitting device that is attached to or placed for the purpose of detecting a game mammal, game bird or other wildlife to harass or take any game mammal, game bird or other wildlife. This bill also prohibits the use of any device meant to receive the signals from any such transmitting device to harass or take any game mammal, game bird or other wildlife or for any other purpose without the written authorization of the Department of Wildlife. Further, this bill prohibits the use of any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected to harass or take any game mammal, game bird or other wildlife.

 

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 503.010 is hereby amended to read as follows:

      503.010  1.  Except as otherwise provided in this section or subsection 2 of NRS 503.005, it is unlawful to [molest, rally, stir up or drive] harass any game mammals or game birds with an aircraft, helicopter or motor-driven vehicle, including a motorboat or sailboat.

      2.  Except as otherwise provided in this subsection, it is unlawful to shoot at any game mammals or game birds with a weapon from an aircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking may shoot from a stopped motor vehicle which is not parked on the traveled portion of a public highway, but the person may not shoot from, over or across a highway or road specified in NRS 503.175.

      3.  It is unlawful to spot or locate game mammals or game birds with any kind of aircraft or helicopter and communicate that information, within 24 hours after the aircraft or helicopter has landed or in violation of a regulation of the Commission, by any means to a person on the ground for the purpose of hunting or trapping. The provisions of this subsection do not prohibit an employee or agent of the Department from providing general information to the public concerning the location of game birds or game mammals.

      4.  It is unlawful to use any information obtained in violation of the provisions of subsection 3 to hunt or kill game mammals or game birds.

 


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ê2015 Statutes of Nevada, Page 170 (Chapter 34, SB 417)ê

 

      5.  It is unlawful to use a helicopter to transport game, hunters or hunting equipment, except when the cargo or passengers, or both, are loaded and unloaded at airports, airplane landing fields or heliports, which have been established by a department or agency of the Federal or State Government or by a county or municipal government or when the loading or unloading is done in the course of an emergency or search and rescue operation.

      6.  It is unlawful to:

      (a) Use any information obtained from a radio signal or other transmission received from any transmitting device;

      (b) Make use of equipment designed to receive a radio signal or other transmission from a transmitting device; or

      (c) Use any location information obtained from records maintained by the Department within 1 year after the date on which the information was collected, including, without limitation, records of information received from a transmitting device,

Ê to harass or take any game mammal, game bird or other wildlife.

      7.  It is unlawful to make use of equipment designed to receive a radio signal or other transmission from a transmitting device for any purpose without written authorization of the Department.

      8.  The provisions of subsection 1 do not apply to an employee or agent of the Department who, while carrying out his or her duties, conducts a survey of wildlife with the use of an aircraft.

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

      (a) “Aircraft” includes, without limitation, any device that is used for navigation of, or flight in, the air.

      (b) “Game bird” does not include a raven , even if classified as a game bird pursuant to NRS 501.110.

      (c) “Harass” means to molest, chase, rally, concentrate, herd, intercept, torment or drive.

      (d) “Transmitting device” means any collar or other device which is attached to any game mammal, game bird or other wildlife or which is placed for the express purpose of detecting any game mammal, game bird or other wildlife and emits an electronic signal or uses radio telemetry or a satellite transmission to determine the location of the game mammal, game bird or other wildlife.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 35, SB 505

Senate Bill No. 505–Committee on Finance

 

CHAPTER 35

 

[Approved: May 6, 2015]

 

AN ACT relating to programs for public personnel; providing for the temporary suspension of the collection of the subsidies to be paid to the Public Employees’ Benefits Program for group insurance for certain active public officers and employees; and providing other matters properly relating thereto.

 


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

ê2015 Statutes of Nevada, Page 171 (Chapter 35, SB 505)ê

 

Legislative Counsel’s Digest:

      Under existing law, state officers and employees who elect to participate in the Public Employees’ Benefits Program are required to authorize deductions from their paychecks to pay the employees’ share of the premiums or contributions for the Program. (NRS 287.044) Existing law requires each state agency that participates in the Public Employees’ Benefits Program to pay to the Program a monthly assessment for each state officer and employee who is employed by the agency on a permanent and full-time basis and who elects to participate in the Program. The subsidies paid are deposited into the Active Employee Group Insurance Subsidy Account within the Agency Fund for the Payroll of the State. Money from this Account is transferred periodically to the Fund for the Public Employees’ Benefits Program based on the actual cost of the subsidies for that period. (NRS 287.044, 287.0445) The amount of the subsidy for Fiscal Year 2014-2015 is $695.35 per person, per month. (Section 1 of chapter 452, Statutes of Nevada 2013, p. 2667) This bill provides for a state agency premium holiday by requiring that a participating state agency only pay such subsidy for the first 10 months of Fiscal Year 2014-2015. Although a corresponding premium holiday is not provided for the state employees in this bill, this bill specifically provides that the state employees must not be required to pay the portion of the cost of the premiums and contributions that would have otherwise been paid by their state employers during the 2 months of the state agency premium holiday. This bill further requires the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst to, without further legislative approval, process revisions in the appropriate work programs to transfer the money saved by not paying the subsidies from the appropriate account of each participating state agency for reversion to the State General Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 1 of chapter 452, Statutes of Nevada 2013, at page 2667, is hereby amended to read as follows:

       Section 1.  1.  [For] Except as otherwise provided in subsection 3, for the purposes of NRS 287.044 and 287.0445, the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program is:

       (a) For the Fiscal Year 2013-2014, $688.37 per month.

       (b) For the Fiscal Year 2014-2015, $695.35 per month.

       2.  If the amount of the State’s share pursuant to this section exceeds the actual premium or contribution for the plan of the Public Employees’ Benefits Program that the state officer or employee selects less any amount paid by the state officer or employee toward the premium or contribution, the balance must be credited to the Fund for the Public Employees’ Benefits Program created by NRS 287.0435, which may be used to pay a portion of the premiums or contributions for persons that are eligible to participate in the Public Employees’ Benefits Program through such a state officer or employee.

       3.  For Fiscal Year 2014-2015, a participating state agency is required to pay the State’s share of the cost of premiums or contributions for group insurance for each active state officer or employee who elects to participate in the Public Employees’ Benefits Program for only the first 10 months of the fiscal year.

 


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ê2015 Statutes of Nevada, Page 172 (Chapter 35, SB 505)ê

 

Notwithstanding the provisions of NRS 287.044 to the contrary, the provisions of this subsection must not result in an increase in deductions from the compensation of active state officers or employees who elect to participate in the Program for the cost of their premiums or contributions for group insurance.

       4.  As soon as practicable, each participating state agency that received an appropriation from the State General Fund, or is authorized to expend money from the State General Fund, for its operations during Fiscal Year 2014-2015 shall determine the amount of those appropriations or authorizations it would have paid to the Public Employees’ Benefits Program for the last 2 months of Fiscal Year 2014-2015, but for the provisions of subsection 3. Upon approval of the Chief of the Budget Division of the Department of Administration, the Senate Fiscal Analyst and the Assembly Fiscal Analyst, revisions in the work programs for Fiscal Year 2014-2015 for each participating state agency that received an appropriation from the State General Fund, or is authorized to expend money from the State General Fund, for its operations during Fiscal Year 2014-2015 must be processed and carried out, as soon as practicable, without further approval by the Legislature or the Interim Finance Committee, to transfer the amount determined pursuant to this subsection to Category 93, Reserve for Reversion, within the appropriate account of each such participating state agency.

       5.  Notwithstanding any other provision of law to the contrary, all money transferred to Category 93, Reserve for Reversion, pursuant to subsection 4 must, as soon as practicable, be transferred to Budget Account 101-9081, Budget Reserve, and must be reverted to the State General Fund on or before September 18, 2015.

       6.  As used in this section, “participating state agency” means a department, commission, board, bureau or other agency of the Executive, Legislative or Judicial Department of State Government, including, without limitation, the Public Employees’ Retirement System and the Nevada System of Higher Education.

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

________

CHAPTER 36, SB 44

Senate Bill No. 44–Committee on Natural Resources

 

CHAPTER 36

 

[Approved: May 6, 2015]

 

AN ACT relating to minerals; revising provisions relating to certain fees for permits to drill and operate oil and natural gas wells; making various other changes to provisions relating to oil and natural gas; and providing other matters properly relating thereto.

 


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

ê2015 Statutes of Nevada, Page 173 (Chapter 36, SB 44)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Commission on Mineral Resources to prescribe by regulation a fee, not to exceed $200, for a permit to drill a well in search of oil or gas. (NRS 522.050) Section 1.5 of this bill: (1) revises the statutory limit on the fee for such a permit; (2) establishes a statutory limit on the fee for a request to change the terms of an existing permit; and (3) authorizes the Commission to include in such fees the reasonable administrative costs of the Division of Minerals of the Commission relating to the filing and examination of applications for such permits and requests.

      Existing law requires the Commission to prescribe by regulation a fee, not to exceed 20 cents for each barrel of oil or each 50,000 cubic feet of natural gas produced from a well in this State, which must be assessed against the producer of the oil or natural gas. (NRS 522.150) Section 2 of this bill raises the statutory limit on the fee from 20 cents to 30 cents.

 

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 522 of NRS is hereby amended by adding thereto a new section to read as follows:

      “Hydraulic fracturing” or “hydraulically fractured” means the process of pumping a fluid into or under the surface of the ground to create fractures in the rock to facilitate the production or recovery of oil or gas.

      Sec. 1.3. NRS 522.020 is hereby amended to read as follows:

      522.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 522.021 to 522.0395, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 1.5. NRS 522.050 is hereby amended to read as follows:

      522.050  1.  A person [desiring to drill a well in search of] shall not drill or operate an oil or gas [shall notify] well unless he or she first obtains a permit from the Division [of that intent on a form prescribed by the Division and shall pay a fee in an amount established pursuant to subsection 2 for a permit for each well. Upon receipt of] pursuant to this section.

      2.  Every person desiring to drill and operate an oil or gas well or requesting a change in the terms of an existing permit to drill and operate an oil or gas well must:

      (a) Submit an application for a permit or for a request to change the terms of an existing permit, as applicable, to the Division on the form prescribed by the Division; and

      (b) Pay the applicable fee prescribed pursuant to subsection 3.

      3.  The Commission on Mineral Resources shall prescribe by regulation the fees for a permit to drill and operate an oil or gas well and for a request to change the terms of an existing permit. The amount of each fee prescribed by the Commission may include the reasonable administrative costs of the Division relating to the filing and examination of applications for such permits or for requests for changes in the terms of such existing permits, as applicable, but the amount of the fee must not exceed:

      (a) For a permit to drill and operate an oil or gas well that is not intended to be hydraulically fractured, $2,000.

      (b) For a permit to drill and operate an oil or gas well that is intended to be hydraulically fractured, $5,000.

 


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ê2015 Statutes of Nevada, Page 174 (Chapter 36, SB 44)ê

 

      (c) For a request to change the terms of an existing permit to drill and operate an oil or gas well, $400.

      4.  The Division shall, as soon as practicable after receiving the [notification and fee, the Division shall promptly] proper application and fee, issue to the person a permit or change the terms of an existing permit , [to drill,] as applicable, unless the drilling or operation of the well is [contrary to] prohibited by any law or [a] regulation or order of the Division. [The drilling of a well is prohibited until a permit to drill is obtained in accordance with the provisions of this chapter.

      2.  The Commission on Mineral Resources shall, by regulations, establish the fee required pursuant to subsection 1 in an amount not to exceed $200 per permit.]

      5.  The Division shall deposit with the State Treasurer, for credit to the Account for the Division of Minerals created pursuant to NRS 513.103, all money received pursuant to subsection 2.

      Sec. 1.7. NRS 522.119 is hereby amended to read as follows:

      522.119  1.  The Division of Minerals and the Division of Environmental Protection shall, jointly, develop a hydraulic fracturing program to:

      (a) Assess the effects of hydraulic fracturing on the waters of the State of Nevada;

      (b) Require a person who engages in hydraulic fracturing to disclose each chemical used to engage in hydraulic fracturing; and

      (c) Provide for notice to members of the general public concerning activities relating to hydraulic fracturing in this state.

      2.  The Commission on Mineral Resources shall adopt regulations to implement the hydraulic fracturing program required by subsection 1.

      3.  As used in this section , [:

      (a)] “Division of Environmental Protection” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      [(b) “Hydraulic fracturing” means the process of pumping a fluid into or under the surface of the ground to create fractures in the rock to facilitate the production or recovery of oil or gas.]

      Sec. 2. NRS 522.150 is hereby amended to read as follows:

      522.150  1.  Any expenses in connection with Nevada’s affiliation with the Interstate Oil and Gas Compact Commission must be paid from the Account for the Division of Minerals created pursuant to NRS 513.103.

      2.  [To pay] For the purpose of paying the expenses of the Division, [every] each producer of oil or natural gas in this state shall, on or before the last day of each month, report to the Division and the State Treasurer [his or her] the producer’s production in this state of oil in barrels and of natural gas in thousands of cubic feet during the immediately preceding month, and [at the same time] shall pay to the Division , concurrently with the submission of the report, a fee in an amount established pursuant to subsection 3 on each barrel of oil and each 50,000 cubic feet of natural gas produced and marketed by the producer during the immediately preceding month. The Division shall deposit with the State Treasurer, for credit to the Account for the Division of Minerals, all money received pursuant to this subsection. [Every] Each person purchasing such oil or natural gas is liable for the payment of the fee for each barrel of oil or each 50,000 cubic feet of natural gas, unless [it] the fee has been paid by the producer.

 


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ê2015 Statutes of Nevada, Page 175 (Chapter 36, SB 44)ê

 

      3.  The Commission on Mineral Resources shall, by regulation, establish the administrative fee required pursuant to subsection 2 in an amount not to exceed [20] 30 cents for each barrel of oil or each 50,000 cubic feet of natural gas.

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

________

CHAPTER 37, SB 177

Senate Bill No. 177–Committee on Health and Human Services

 

CHAPTER 37

 

[Approved: May 6, 2015]

 

AN ACT relating to public health; authorizing certain persons to designate a caregiver for a patient in certain circumstances; requiring a hospital to provide an opportunity for a patient who is admitted as an inpatient or certain other persons to designate a caregiver for the patient; requiring a hospital to attempt to provide certain notification, information and training to a caregiver before taking certain actions concerning a patient; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 7 of this bill authorizes a patient, a legal representative of a patient who is incompetent or a parent or guardian of a patient who is a minor to designate a caregiver for the patient upon admission of the patient to a hospital as an inpatient. Section 7 authorizes the designation of another caregiver if the person originally designated is unable or unwilling to perform his or her duties. Section 7 also provides that a person is under no obligation to a patient solely because the person has been designated as a caregiver for the patient.

      Section 8 of this bill requires a hospital to provide the opportunity to designate a caregiver for the patient to: (1) a patient who is admitted to the hospital as an inpatient; (2) a legal representative of such a patient who is incompetent; or (3) a parent or guardian of such a patient who is a minor. Section 8 also requires a hospital to provide a patient who was unconscious or otherwise incompetent upon admission but regains competence while an inpatient at the hospital with an opportunity to designate a caregiver. Section 9 of this bill requires a hospital to record the designation of a caregiver or declination to do so in the medical record of the patient.

      Federal regulations provide that certain health information concerning a patient can only be released by a health care facility in certain circumstances. (45 C.F.R. § 164.502(a)) Federal regulations authorize the release of health information relevant to the care of a patient to a person designated by the patient or the patient’s representative. (45 C.F.R. § 164.510(b)(1)(i)) If a patient has a designated caregiver, section 9 requires a hospital to request the written consent of the patient, the representative of the patient or the parent or guardian of the patient, as applicable, to release medical information to the caregiver if such consent is required by federal or state law.

      If a patient provides such consent, sections 10 and 11 of this bill require a hospital to attempt to notify a caregiver of the planned discharge or transfer of the patient and attempt to provide the caregiver with certain information and training concerning aftercare for the patient. Section 12 of this bill requires a hospital to proceed with the planned discharge or transfer of the patient if the hospital is not successful in providing this notification, information and training to the caregiver. Section 13 of this bill provides that a hospital is not liable for aftercare provided improperly or not provided by the caregiver.

 


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ê2015 Statutes of Nevada, Page 176 (Chapter 37, SB 177)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 14, inclusive, of this act.

      Sec. 2. As used in sections 2 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. “Aftercare” means care or assistance that is provided to a patient after the patient is discharged following inpatient treatment at a hospital.

      Sec. 5. “Caregiver” means a person designated as such pursuant to section 7 of this act, including, without limitation, a relative, spouse, partner, foster parent, friend or neighbor.

      Sec. 6. “Representative of the patient” means a legal guardian of the patient, a person designated by the patient to make decisions governing the withholding or withdrawal of life-sustaining treatment pursuant to NRS 449.600 or a person given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.860, inclusive.

      Sec. 7. 1.  A caregiver may be designated for a patient by:

      (a) The patient if he or she is 18 years of age or older and of sound mind;

      (b) The representative of the patient if the patient is 18 years of age or older and incompetent; or

      (c) The parent or legal guardian of the patient if the patient is less than 18 years of age.

      2.  A patient described in subsection 1 may have a caregiver designated for him or her upon admission to a hospital as an inpatient in the manner described in section 8 of this act.

      3.  If a caregiver is unable or unwilling to perform the duties of a caregiver, the designation of that person as a caregiver may be removed and a new caregiver may be designated by:

      (a) The patient if he or she is 18 years of age or older and of sound mind;

      (b) The representative of the patient if the patient is 18 years of age or older and incompetent; or

      (c) The parent or legal guardian of the patient if the patient is less than 18 years of age.

      4.  A caregiver is under no obligation to a patient solely because the patient, the representative of the patient or the parent or guardian of the patient has designated the caregiver pursuant to this section.

      Sec. 8. 1.  After admitting a patient as an inpatient and before discharging the patient, a hospital shall provide the opportunity to designate a caregiver for the patient to:

      (a) The patient if he or she is 18 years of age or older and of sound mind;

      (b) The representative of the patient if the patient is 18 years of age or older and incompetent; or

 


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      (c) The parent or legal guardian of the patient if the patient is less than 18 years of age.

      2.  If a patient is unconscious or otherwise incompetent upon admission to a hospital as an inpatient and later regains competence while he or she is an inpatient at the hospital, the hospital shall, after the patient regains competence, provide the patient with the opportunity to designate a caregiver.

      Sec. 9. 1.  If a patient, the representative of a patient or the parent or guardian of a patient designates a caregiver pursuant to section 8 of this act or changes a caregiver pursuant to section 7 of this act, the hospital shall:

      (a) Record the designation or change of the caregiver, the relationship of the caregiver to the patient and the name, telephone number and address of the caregiver in the medical record of the patient; and

      (b) If required by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto or any other federal or state law, request the written consent of the patient, the representative of the patient or the parent or guardian of the patient, as applicable, to release medical information to the caregiver in a manner that complies with the applicable laws.

      2.  If a patient, the representative of a patient or the parent or guardian of a patient declines to designate a caregiver after being given the opportunity to do so pursuant to section 8 of this act, the hospital shall record the declination in the medical record of the patient.

      Sec. 10.  If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for the hospital to release medical information to a caregiver pursuant to subsection 1 of section 9 of this act, the hospital shall, before the patient is discharged or transferred to another facility, attempt to notify the caregiver of the planned discharge or transfer.

      Sec. 11. If a patient, the representative of a patient or the parent or guardian of a patient has provided consent for a hospital to release medical information to a caregiver pursuant to subsection 1 of section 9 of this act, the hospital shall, before the patient is discharged other than to a facility licensed pursuant to this chapter:

      1.  Attempt to provide the caregiver with a discharge plan. A discharge plan must include, without limitation:

      (a) The name and contact information of the caregiver;

      (b) A description of all necessary aftercare, including, without limitation, any requirements to maintain the ability of the patient to reside at home; and

      (c) Contact information for:

             (1) Any providers of health care, community resources or other providers of services necessary to carry out the discharge plan; and

             (2) An employee of the hospital who will be available before the patient is discharged to answer questions concerning the discharge plan.

      2.  Attempt to consult with the caregiver, in person or using video technology, concerning the aftercare set forth in the discharge plan. Such consultation must include, without limitation:

      (a) A demonstration of the aftercare set forth in the discharge plan, performed by an appropriate member of the hospital staff in a culturally and linguistically appropriate manner; and

 


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      (b) An opportunity for the caregiver to ask questions concerning the aftercare.

      Sec. 12. 1.  A hospital shall document in the medical record of the patient:

      (a) The attempt or completion of any actions required pursuant to section 10 or 11 of this act;

      (b) Any instructions given pursuant to section 11 of this act; and

      (c) The date and time at which such instructions were given.

      2.  If a hospital is unable to reach a caregiver after attempting to provide any information pursuant to section 10 or 11 of this act, the hospital must proceed with the discharge or transfer of the patient as scheduled.

      Sec. 13. A hospital or an employee or contractor of a hospital that acts in compliance with sections 2 to 14, inclusive, of this act is not liable for any aftercare that is provided improperly or not provided by a caregiver.

      Secs. 14-20. (Deleted by amendment.)

________

CHAPTER 38, AB 333

Assembly Bill No. 333–Assemblyman Kirner

 

CHAPTER 38

 

[Approved: May 6, 2015]

 

AN ACT relating to fire protection districts; providing for the consolidation of certain fire protection districts located in a county whose population is less than 700,000 under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the organization of a fire protection district by an ordinance adopted by a board of county commissioners or by the approval of the voters of a proposed fire protection district. (Chapter 474 of NRS) Section 3 of this bill authorizes a board of county commissioners of a county whose population is less than 700,000 (currently all counties other than Clark County) to consolidate two or more fire protection districts if: (1) each district is contiguous to at least one other district; (2) the territory of each district is located entirely within the county; and (3) the rates of certain taxes relating to fire protection levied by the board of county commissioners within each district are equal at the time of consolidation. Section 3 provides that a consolidation may be initiated by the filing of a petition with the board of county commissioners by a majority of the owners of property within each such district or the adoption of a resolution by the board proposing the consolidation of the districts. Section 3 requires the board of county commissioners upon receiving a petition or adopting a resolution to conduct a hearing and further requires the board to adopt an ordinance consolidating the fire protection districts if the board finds that the consolidation of the districts is feasible and in the best interests of the county and the districts. Upon the consolidation of two or more fire protection districts, section 3 provides that owners of real and personal property located within the consolidated district are entitled to certain partial tax abatements to which the owners were otherwise entitled prior to consolidation.

 


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      Existing law requires the treasurer of a fire protection district created by county ordinance to maintain a fire protection operating fund and a district emergency fund. (NRS 474.510) Section 9 of this bill prohibits the balance of the district emergency fund for a consolidated fire protection district organized pursuant to section 3 from exceeding the sum of $1,500,000.

 

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

      Sec. 2. It is the public policy of the State of Nevada and the purpose of section 3 of this act, in a county whose population is less than 700,000, to promote:

      1.  Efficiency in fire fighting and emergency medical services; and

      2.  Dedicated ad valorem funding of those services.

      Sec. 3. 1.  The board of county commissioners of a county whose population is less than 700,000 may consolidate two or more fire protection districts organized pursuant to NRS 474.460 if:

      (a) Each district is contiguous to at least one other district subject to the consolidation;

      (b) The territory of each district is located entirely within the county; and

      (c) The rates of the taxes levied by the board of county commissioners pursuant to NRS 474.510 and 474.515, respectively, are equal in each district at the time of consolidation.

      2.  The consolidation may be initiated by:

      (a) The filing with the board of county commissioners of a petition signed by a majority of the owners of property located within the fire protection districts proposed for consolidation; or

      (b) The adoption by the board of county commissioners of a resolution proposing the consolidation of the fire protection districts.

      3.  The board of county commissioners shall, after receiving a petition filed pursuant to paragraph (a) of subsection 2 or adopting a resolution pursuant to paragraph (b) of subsection 2, conduct a hearing to determine whether consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts. If the board of county commissioners determines that the consolidation of the fire protection districts is feasible and in the best interests of the county and the fire protection districts, the board of county commissioners shall adopt an ordinance creating a consolidated fire protection district that includes all of the area of the fire protection districts. The ordinance must include the name and identify the boundaries of the consolidated fire protection district.

      4.  The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be recorded in the office of the county recorder of the county in which the consolidated fire protection district is located.

      5.  All debts, obligations, liabilities, revenues, expenditures and assets of the former fire protection districts must be assumed or taken over by the consolidated fire protection district.

 


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      6.  If two or more fire protection districts are consolidated pursuant to this section, each owner of real or personal property that is located within the consolidated fire protection district and that is subject to taxation pursuant to NRS 474.510 and 474.515 is entitled after the consolidation to any partial abatement of taxes provided by NRS 361.4722, 361.4723 and 361.4724 to which the owner was entitled immediately prior to the date of the consolidation for those taxes levied against the owner’s real or personal property pursuant to NRS 474.510 and 474.515.

      Sec. 4. NRS 474.460 is hereby amended to read as follows:

      474.460  1.  All territory in each county or consolidated municipality not included in any other fire protection district, except incorporated areas other than consolidated municipalities, may be organized by ordinance by the board of county commissioners of the county in which that territory lies into as many fire protection districts as necessary to provide for the prevention and extinguishment of fires in the county, until such time as that territory may be included in another fire protection district formed in accordance with the provisions of chapter 473 of NRS or NRS 474.010 to 474.450, inclusive [.] , or sections 2 and 3 of this act.

      2.  Each such district:

      (a) Is a political subdivision of the State; and

      (b) Has perpetual existence unless dissolved as provided in this chapter.

      3.  Each such district may:

      (a) Sue and be sued, and be a party to suits, actions and proceedings;

      (b) Arbitrate claims; and

      (c) Contract and be contracted with.

      4.  The board of county commissioners organizing each such district is ex officio the governing body of each such district. The governing body must be known as the board of fire commissioners.

      5.  The chair of the board of county commissioners is ex officio the chair of each such district.

      6.  The county clerk is ex officio the clerk of each such district.

      7.  Unless the board of fire commissioners employs a treasurer, the county treasurer is ex officio the treasurer of each such district.

      Sec. 5. NRS 474.470 is hereby amended to read as follows:

      474.470  The board of fire commissioners shall:

      1.  Manage and conduct the business and affairs of districts organized pursuant to the provisions of NRS 474.460 [.] or section 3 of this act.

      2.  Adopt and enforce all rules and regulations necessary for the administration and government of the districts and for the furnishing of fire protection thereto, which may include regulations relating to emergency medical services and fire prevention. The regulations may include provisions that are designed to protect life and property from:

      (a) The hazards of fire and explosion resulting from the storage, handling and use of hazardous substances, materials and devices; and

      (b) Hazardous conditions relating to the use or occupancy of any premises.

Ê Any regulation concerning hazardous substances, materials or devices adopted pursuant to this section must be consistent with any plan or ordinance concerning those substances, materials or devices that is required by the Federal Government and has been adopted by the board of county commissioners.

 


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      3.  Organize, regulate, establish and disband fire companies, departments or volunteer fire departments for the districts.

      4.  Provide for the payment of salaries to the personnel of those fire companies or fire departments.

      5.  Provide for payment from the proper fund of all the debts and just claims against the districts.

      6.  Employ agents and employees for the districts sufficient to maintain and operate the property acquired for the purposes of the districts.

      7.  Acquire real or personal property necessary for the purposes of the districts and dispose of the property if no longer needed.

      8.  Construct any necessary structures.

      9.  Acquire, hold and possess, by donation or purchase, any land or other property necessary for the purpose of the districts.

      10.  Eliminate and remove fire hazards from the districts if practicable and possible, whether on private or public premises, and to that end the board of fire commissioners may clear the public highways and private lands of dry grass, stubble, brush, rubbish or other inflammable material in its judgment constituting a fire hazard.

      11.  Perform all other acts necessary, proper and convenient to accomplish the purposes of NRS 474.460 to 474.540, inclusive [.] , and sections 2 and 3 of this act.

      Sec. 6. NRS 474.480 is hereby amended to read as follows:

      474.480  1.  The board of fire commissioners shall plan for the prevention and extinguishment of fires in the territory of the county described by NRS 474.460, and section 3 of this act, in cooperation with the State Forester Firewarden to coordinate the fire protection activities of the districts with the fire protection provided by the Division of Forestry of the State Department of Conservation and Natural Resources and by federal agencies, in order that the State Forester Firewarden may establish a statewide plan for the prevention and control of large fires, mutual aid among the districts, training of personnel, supply, finance and other purposes to promote fire protection on a statewide basis.

      2.  Through inspection, the State Forester Firewarden may recommend standardization of fire protection equipment and facilities of the districts to facilitate mutual aid among the districts.

      Sec. 7. NRS 474.495 is hereby amended to read as follows:

      474.495  The board of fire commissioners of a district organized pursuant to NRS 474.460 or section 3 of this act may:

      1.  Provide emergency medical services within the district; and

      2.  Purchase, acquire by donation or otherwise, lease, operate and maintain ambulances if necessary, and may take out liability and other insurance therefor. The board of fire commissioners may employ trained personnel to operate those vehicles.

      Sec. 8. NRS 474.500 is hereby amended to read as follows:

      474.500  1.  The board of fire commissioners may appoint a district fire chief who [shall have adequate training and experience] is adequately trained and experienced in fire control . [and who] A district fire chief appointed pursuant to this subsection shall hire such employees as are authorized by the board , [. The district fire chief shall] administer all fire control laws in the territory of the county described by NRS 474.460 and section 3 of this act and perform such other duties as may be designated by the board of fire commissioners and the State Forester Firewarden. The district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and with the State Forester Firewarden for the standardization of equipment and facilities.

 


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district fire chief shall coordinate fire protection activities in the district and shall cooperate with all other existing fire protection agencies and with the State Forester Firewarden for the standardization of equipment and facilities.

      2.  In lieu of or in addition to the provisions of subsection 1, the board of fire commissioners may:

      (a) Provide the fire protection required by NRS 474.460 to 474.540, inclusive, and sections 2 and 3 of this act to the districts by entering into agreements with other agencies as provided by NRS 472.060 to 472.090, inclusive, and 277.180, for the furnishing of such protection to the districts; or

      (b) Support volunteer fire departments within districts organized under the provisions of NRS 474.460 to 474.540, inclusive, and sections 2 and 3 of this act for the furnishing of such protection to the districts.

      Sec. 9. NRS 474.510 is hereby amended to read as follows:

      474.510  1.  The board of fire commissioners shall prepare an annual budget in accordance with the provisions of NRS 354.470 to 354.626, inclusive, for each district organized in accordance with NRS 474.460 [.] or section 3 of this act.

      2.  Each budget must be based on estimates of the amount of money which will be needed to defray the expenses of the district and to meet unforeseen emergencies and the amount of a fire protection tax sufficient, together with the revenue which will result from application of the rate to the net proceeds of minerals, to raise such sums.

      3.  At the time of making the levy of county taxes for the year, the board of county commissioners shall levy the tax provided by subsection 2, upon all property, both real and personal, subject to taxation within the boundaries of the district. Any tax levied on interstate or intercounty telephone lines, power lines and other public utility lines as authorized in this section must be based upon valuations established by the Nevada Tax Commission pursuant to the provisions of NRS 361.315 to 361.330, inclusive.

      4.  The amount of tax to be collected for the purposes of this section must not exceed, in any 1 year, 1 percent of the value of the property described in subsection 3 and any net proceeds of minerals derived from within the boundaries of the district.

      5.  If levied, the tax must be entered upon the assessment roll and collected in the same manner as state and county taxes. Taxes may be paid in four approximately equal installments at the times specified in NRS 361.483, and the same penalties as specified in NRS 361.483 must be added for failure to pay the taxes.

      6.  For the purposes of NRS 474.460 to 474.540, inclusive, and sections 2 and 3 of this act, the treasurer of the district shall keep two separate funds for each district, one to be known as the district fire protection operating fund and one to be known as the district emergency fund. The money collected to defray the expenses of any district organized pursuant to NRS 474.460 or section 3 of this act must be deposited in the district fire protection operating fund, and the money collected to meet unforeseen emergencies must be deposited in the district emergency fund. The district emergency fund must be used solely for emergencies and must not be used for regular operating expenses. The money deposited in the district emergency fund must not exceed the sum of $1,000,000 [.] for a district organized pursuant to NRS 474.460 or $1,500,000 for a district organized pursuant to section 3 of this act. Any interest earned on the money in the district emergency fund that causes the balance in that fund to exceed $1,000,000 or $1,500,000, as applicable, must be credited to the district fire protection operating fund.

 


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district emergency fund that causes the balance in that fund to exceed $1,000,000 or $1,500,000, as applicable, must be credited to the district fire protection operating fund.

      7.  For the purposes of subsection 6, an emergency includes, without limitation, any event that:

      (a) Causes widespread or severe damage to property or injury to or the death of persons within the district;

      (b) As determined by the district fire chief, requires immediate action to protect the health, safety and welfare of persons who reside within the district; and

      (c) Requires the district to provide money to obtain a matching grant from an agency of the Federal Government to repair damage caused by a natural disaster that occurred within the district.

      Sec. 10. NRS 474.511 is hereby amended to read as follows:

      474.511  Any district organized pursuant to NRS 474.460 [,] or section 3 of this act, acting by and through the board of fire commissioners, by resolution may at any time or from time to time acquire:

      1.  A system of waterworks, hydrants and supplies of water.

      2.  Telegraphic signals for fire and telephone, telegraph, radio and television service.

      3.  Fire engines and other vehicles.

      4.  Hooks, ladders, chutes, buckets, gauges, meters, hoses, pumps, fire extinguishers, fans and artificial lights.

      5.  Respirators, rescue equipment, medical supplies and equipment, other apparatus for fire fighting and protection from fire, and other appurtenances.

      6.  Fixtures, structures, stations, other buildings and sites therefor.

      7.  Land, interests in land, and improvements thereon for firebreaks and other protection from fire.

      8.  Appurtenances and incidentals necessary, useful or desirable for any such facilities, including all types of property therefor.

      9.  Any combination of the properties provided in this section.

      Sec. 11. NRS 474.5115 is hereby amended to read as follows:

      474.5115  The title to all property which may have been acquired for a district organized pursuant to NRS 474.460 or section 3 of this act must be vested in the district.

      Sec. 12. NRS 474.512 is hereby amended to read as follows:

      474.512  For the purpose of defraying the cost of the acquisition of any properties authorized by NRS 474.511, the board of fire commissioners, on the behalf and in the name of any district organized pursuant to NRS 474.460 [,] or section 3 of this act, may, by resolution, at any time or from time to time, borrow money, otherwise become obligated, and evidence or reevidence such obligations by the issuance of bonds and other municipal securities payable from general (ad valorem) taxes and constituting general obligations of the district, as provided in the Local Government Securities Law, subject to the limitations therein and in NRS 474.514.

      Sec. 13. NRS 474.514 is hereby amended to read as follows:

      474.514  No indebtedness, as defined in NRS 350.586, including outstanding indebtedness, shall be incurred by any district organized pursuant to NRS 474.460 or section 3 of this act in an aggregate principal amount exceeding 5 percent of the total last assessed valuation of taxable property (excluding motor vehicles and cattle) situated within the district.

 


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      Sec. 14. NRS 474.517 is hereby amended to read as follows:

      474.517  All accounts, bills and demands against a district organized pursuant to NRS 474.460 or section 3 of this act must be audited, allowed and paid by the board of fire commissioners by warrants drawn on the county treasurer or the treasurer of the district. The county treasurer or, if authorized by the board of county commissioners and the board of fire commissioners, the treasurer of the district shall pay them in the order in which they are presented.

      Sec. 15. NRS 474.520 is hereby amended to read as follows:

      474.520  Upon dissolution of any fire protection district organized under NRS 474.010 to 474.450, inclusive, as provided by NRS 474.410 to 474.450, inclusive, the territory formerly included in such district shall be subject to the provisions of NRS 474.460 to 474.540, inclusive [.] , and sections 2 and 3 of this act. The property of such dissolved fire protection district shall be retained by the board of county commissioners for use for fire protection purposes in the territory of the dissolved district.

      Sec. 16. NRS 474.535 is hereby amended to read as follows:

      474.535  1.  A fire protection district established pursuant to NRS 474.460 to 474.540, inclusive, and sections 2 and 3 of this act, which has been in existence for at least 10 years, may be reorganized as a fire protection district subject to the provisions of NRS 474.010 to 474.450, inclusive, in the manner provided in this section.

      2.  The reorganization of such a district may be initiated by:

      (a) A petition signed by at least a majority of the owners of property located within the district; or

      (b) A resolution of the board of county commissioners of the county in which the district is located.

      3.  If, after notice and a hearing, the board of county commissioners determines that the reorganization of the district is in the best interests of the county and the district, it shall adopt an ordinance reorganizing the district. The ordinance must include the name and boundaries of the district.

      4.  The board shall cause a copy of the ordinance, certified by the clerk of the board of county commissioners, to be filed immediately for record in the office of the county recorder.

      5.  The reorganization of the district is complete upon the filing of the ordinance pursuant to this section. The district thereafter is subject to the provisions of NRS 474.010 to 474.450, inclusive. Upon the completion of the reorganization of the district, the district shall assume the debts, obligations, liabilities and assets of the former district.

      6.  The board of county commissioners shall:

      (a) Make an order dividing the district into election precincts, or providing for the election of directors at large, in the manner provided in NRS 474.070.

      (b) Appoint the initial members of the board of directors of the district to terms established in the manner provided in NRS 474.130. Each director must be a resident of the precinct, if any, for which the director is appointed, and serves until a successor is elected and qualified.

      Sec. 17. NRS 474.537 is hereby amended to read as follows:

      474.537  1.  A fire protection district organized pursuant to NRS 474.460 or section 3 of this act may reorganize as a district created wholly or in part for the purpose of furnishing fire protection facilities pursuant to chapter 318 of NRS.

 


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      2.  The reorganization may be initiated by:

      (a) A petition signed by a majority of the owners of property located within the district; or

      (b) A resolution of the board of county commissioners of the county in which the district is located.

      3.  If the board of county commissioners determines, after notice and hearing, that the reorganization is feasible and in the best interests of the county and the district, the board of county commissioners shall adopt an ordinance reorganizing the district pursuant to chapter 318 of NRS.

      4.  All debts, obligations, liabilities and assets of the former district must be assumed or taken over by the reorganized district.

      Sec. 18. NRS 474.540 is hereby amended to read as follows:

      474.540  The activities of each district organized in accordance with NRS 474.460 or section 3 of this act shall be separate and apart from county activities and any other political subdivision in this State.

      Sec. 19. NRS 474.565 is hereby amended to read as follows:

      474.565  1.  The boundaries of two or more contiguous fire protection districts located within a county and organized pursuant to NRS 474.010 to 474.450, inclusive, or 474.460 or section 3 of this act may be adjusted in the manner provided in this section so that all or any part of the area of one such fire protection district is excluded from that district and added to the area of another such fire protection district.

      2.  The adjustment of the boundaries of fire protection districts pursuant to this section must be approved by:

      (a) A majority of the owners of property located within the portions of those districts directly affected by the proposed adjustment of boundaries; and

      (b) Resolution of the board of county commissioners of the county in which the districts are located, which resolution must also be approved by the governing bodies of the fire protection districts whose boundaries are proposed to be adjusted.

Ê For the purposes of this subsection, an owner of property located within a fire protection district is “directly affected” by a proposed adjustment of boundaries if the adjustment will cause that property, or other property immediately adjacent to that property, to be excluded from the district in which it is currently located and added to a district other than that in which it is currently located.

      3.  If, after notice and a hearing, the board of county commissioners determines that the proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted, the board of county commissioners shall adopt an ordinance adjusting the boundaries of those districts. The ordinance must include the name and boundaries of each district that will result from the adjustment.

      4.  For the purposes of subsection 3, a board of county commissioners shall not determine that a proposed adjustment of boundaries is feasible and in the best interests of the county and the districts whose boundaries are proposed to be adjusted unless the board concludes, after conducting a reasonable investigation, that:

      (a) The total assessed valuation of taxable property in the districts whose boundaries are proposed to be adjusted is substantially equivalent; and

      (b) The total ad valorem tax levied within the districts whose boundaries are proposed to be adjusted is substantially equivalent.

 


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      5.  The board of county commissioners shall cause a copy of any ordinance adopted pursuant to subsection 3 to be certified by the clerk of the board and filed immediately for record in the office of the county recorder.

      6.  If an adjustment of boundaries pursuant to this section causes:

      (a) Part of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the districts may, but are not required to, enter into such an agreement as they determine equitable to address the apportionment of debts, obligations, liabilities and assets.

      (b) All of the area of one fire protection district to be excluded from that district and added to the area of another fire protection district, the debts, obligations, liabilities and assets of the district from which the area is excluded must be assumed by the district to which the area is added.

      Sec. 20.  The amendatory provisions of this act do not apply to modify, directly or indirectly, any taxes levied or revenues pledged in such a manner as to impair adversely any outstanding obligations of a fire protection district, including, without limitation, bonds, medium-term financing, letters of credit and any other financial obligations, until all such obligations have been discharged in full or provisions for their payment and redemption have been fully made.

      Sec. 21.  This act becomes effective on July 1, 2015.

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CHAPTER 39, SB 118

Senate Bill No. 118–Senator Smith

 

CHAPTER 39

 

[Approved: May 6, 2015]

 

AN ACT relating to the City of Sparks; revising certain provisions of the Charter of the City of Sparks relating to the Municipal Court; providing that certain authority of the City Manager does not extend to the appointment of employees of the Municipal Court, investigations of the Municipal Court or the designation of salaries of employees of the Municipal Court; authorizing Municipal Judges to appoint employees; authorizing the Administrative Judge of the Municipal Court to prescribe the duties and salaries of employees appointed by the Municipal Judges and to prescribe the salaries of the Court Administrator and Judicial Assistants; providing that civil service rules for employees of the City do not apply to officers and employees of the Municipal Court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Supreme Court recently held in City of Sparks v. Sparks Municipal Court, 129 Nev. Adv. Op. 38, 302 P.3d 1118 (2013), that certain provisions of the Charter of the City of Sparks that related to employees of the City’s Municipal Court were unconstitutional. This bill makes various changes to the Charter to conform with that opinion.

 


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ê2015 Statutes of Nevada, Page 187 (Chapter 39, SB 118)ê

 

      Sections 1 and 2 of this bill provide that provisions of the Charter authorizing the City Manager to appoint employees of the City and direct their duties do not authorize the City Manager to appoint employees of the Municipal Court or direct the duties of those employees. Section 3 of this bill provides that the authority of the City Manager to make investigations into various departments or divisions of the City does not include the authority to make investigations into the Municipal Court, except pursuant to an agreement with the Municipal Court. Section 4 of this bill limits the authority of the City Manager to designate the salaries of employees in appointive positions to those employees who are appointed by the City Manager. Section 5 of this bill authorizes the Municipal Judges to appoint employees in administering the affairs of the Municipal Court. The Administrative Judge shall prescribe the salary of each such employee. Section 6 of this bill authorizes the Administrative Judge of the Municipal Court, who, under existing law, appoints and prescribes the duties of the Court Administrator, also to prescribe the salary of the Court Administrator. Section 6 also deletes a provision requiring the Administrative Judge to file a description of the duties of the Court Administrator in the Personnel Office of the City. Section 7 of this bill deletes a provision authorizing each Municipal Judge to appoint a Judicial Assistant only if authorized to do so by the City Council. Instead, the Administrative Judge may appoint, and prescribe the duties and salary of, a Judicial Assistant for each Municipal Judge. Section 8 of this bill provides that the civil service rules for employees of the City do not apply to officers and employees of the Municipal Court.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Section 1.080 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 32, Statutes of Nevada 2011, at page 133, is hereby amended to read as follows:

       Sec. 1.080  Appointive positions.

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

       2.  Except as otherwise provided in this Charter, the City Manager shall appoint the heads of each department.

       3.  Except as otherwise provided in this Charter, the City Manager or the designee of the City Manager may appoint any employee employed in a bona fide executive, administrative or professional capacity. This subsection does not authorize the City Manager or the designee of the City Manager to appoint any employee of the Municipal Court. As used in this subsection:

       (a) “Employee employed in a bona fide executive capacity” has the meaning ascribed to it in 29 C.F.R. § 541.100.

       (b) “Employee employed in a bona fide administrative capacity” has the meaning ascribed to it in 29 C.F.R. § 541.200.

       (c) “Employee employed in a bona fide professional capacity” has the meaning ascribed to it in 29 C.F.R. § 541.300.

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

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

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

 


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ê2015 Statutes of Nevada, Page 188 (Chapter 39, SB 118)ê

 

      Sec. 2. Section 1.090 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 450, Statutes of Nevada 1985, at page 1310, is hereby amended to read as follows:

       Sec. 1.090  Appointive positions: Miscellaneous provisions.

       1.  Employees holding appointive positions who are appointed by the City Manager pursuant to section 1.080 shall perform such duties as may be directed by the City Manager and such other duties as may be designated by ordinance.

       2.  The City Council may require from all employees of the City appointed under this Charter, sufficient security for the honest performance of their respective duties. The cost of the bond must be paid by the City.

       3.  A person appointed by the City Manager to any position may be removed from that position by the City Manager. The officer so removed has the right of appeal to the Mayor and City Council and may demand a hearing before the City Council. The demand must be made within 10 days after the removal. The decision and action of the City Council upon the hearing is final.

      Sec. 3. Section 3.020 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 179, Statutes of Nevada 2013, at page 632, is hereby amended to read as follows:

       Sec. 3.020  City Manager: Duties; residence.

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

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

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

       (c) Except as otherwise provided in this Charter, and to the extent authorized by law, exercise control over all departments of the City government, its appointed officers and its employees [.] , other than the Municipal Court and its officers and employees.

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

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

       (f) Make investigations into:

             (1) The affairs of the City;

             (2) [Any] Except as otherwise provided in subsection 3, any department or division of the City;

             (3) Any contract; or

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

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

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

 

 


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

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

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

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

       3.  This section does not authorize the City Manager to make investigations into the Municipal Court, except pursuant to an agreement with the Municipal Court.

      Sec. 4. Section 3.120 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes of Nevada 1985, at page 1318, is hereby amended to read as follows:

       Sec. 3.120  Salaries.  Employees in appointive positions who are appointed by the City Manager pursuant to section 1.080 are entitled to receive the salary designated by the City Manager within the range established for each position by the City Council.

      Sec. 5. The Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended by adding thereto a new section to be designated as section 4.027, immediately following section 4.025, to read as follows:

       Sec. 4.027  Municipal Court: Additional Employees.

       1.  Each Municipal Judge may appoint, and prescribe the duties of, employees to assist in administering the affairs of the department of the Municipal Court presided over by that Municipal Judge, including, without limitation, marshals, clerks and interpreters. The Administrative Judge shall prescribe the salary of each such employee. The City Council may appropriate the money for the salary of each such employee.

       2.  Each employee of the Municipal Court appointed pursuant to this section serves at the will of the Municipal Judge who appointed him or her, or the successor to that Municipal Judge, and may be removed without cause. A decision to remove such an employee is final. If an employee is removed, the money appropriated by the City Council for his or her salary reverts to the Municipal General Fund as soon as all payments of money committed have been made.

      Sec. 6. Section 4.023 of the Charter of the City of Sparks, being chapter 128, Statutes of Nevada 1993, at page 226, is hereby amended to read as follows:

       Sec. 4.023  Municipal Court: Court Administrators.

       1.  The Administrative Judge may appoint a Court Administrator and prescribe his or her duties [. After appointing a Court Administrator, the Administrative Judge shall file in the Personnel Office of the City of Sparks a description of the duties of the Court Administrator.] and salary. The City Council may appropriate the money [it considers proper to compensate] for the salary of a Court Administrator.

 


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ê2015 Statutes of Nevada, Page 190 (Chapter 39, SB 118)ê

 

       2.  The Court Administrator serves at the will of the Administrative Judge and may be removed without cause. A decision by the Administrative Judge to remove a Court Administrator is final. If a Court Administrator is removed, the money appropriated by the City Council for his or her [compensation] salary reverts to the Municipal General Fund as soon as all payments of money committed have been made.

      Sec. 7. Section 4.025 of the Charter of the City of Sparks, being chapter 128, Statutes of Nevada 1993, at page 226, is hereby amended to read as follows:

       Sec. 4.025  Municipal Court: Judicial Assistants.

       1.  The Administrative Judge may appoint a Judicial Assistant [. Each] for each Municipal Judge [may appoint a Judicial Assistant if authorized by the City Council.] and prescribe the duties and salary of each Judicial Assistant. The City Council may appropriate the money [it considers proper to compensate] for the salary of a Judicial Assistant.

       2.  A Judicial Assistant serves at the will of the Administrative Judge [who appointed him or her] and may be removed without cause. A decision to remove a Judicial Assistant is final. If a Judicial Assistant is removed, the money appropriated by the City Council for his or her [compensation] salary reverts to the Municipal General Fund as soon as all payments of money committed have been made.

      Sec. 8. Section 9.190 of the Charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 350, Statutes of Nevada 1987, at page 796, is hereby amended to read as follows:

       Sec. 9.190  Applicability.  This article applies to all employees of the City of Sparks, except:

       1.  Elected officers of the City;

       2.  The City Manager;

       3.  Persons in appointive positions [; and] who are appointed by the City Manager pursuant to section 1.080;

       4.  Temporary employees [.] ; and

       5.  Officers and employees of the Municipal Court.

      Sec. 9.  This act becomes effective upon passage and approval.

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Link to Page 191