[Rev. 10/12/2015 12:44:30 PM]

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ê2015 Statutes of Nevada, Page 191ê

 

CHAPTER 40, SB 362

Senate Bill No. 362–Senators Spearman, Woodhouse, Kihuen, Parks, Ford; Atkinson, Denis, Manendo and Segerblom

 

CHAPTER 40

 

[Approved: May 7, 2015]

 

AN ACT relating to public health; authorizing the Director of the Department of Health and Human Services to establish an educational program regarding the prevention of domestic violence under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill authorizes the Director of the Department of Health and Human Services to establish, within the limits of available funding, an educational program within the Division of Public and Behavioral Health of the Department regarding the prevention of domestic violence and any medical, mental health or social services available to victims of domestic violence.

 

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

      1.  The Director may authorize the Administrator of the Division of Public and Behavioral Health to establish an educational program regarding the prevention of domestic violence and any medical, mental health or social services available to victims of domestic violence, within the limitations of available funding.

      2.  The Department may apply for any available grants and accept any gifts, grants or donations from any source for the purposes of carrying out the provisions of this section.

      3.  As used in this section, “domestic violence” has the meaning ascribed to it in NRS 33.018.

      Sec. 2. NRS 232.290 is hereby amended to read as follows:

      232.290  As used in NRS 232.290 to 232.484, inclusive, and section 1 of this act, unless the context requires otherwise:

      1.  “Department” means the Department of Health and Human Services.

      2.  “Director” means the Director of the Department.

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

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ê2015 Statutes of Nevada, Page 192ê

 

CHAPTER 41, SB 23

Senate Bill No. 23–Committee on Transportation

 

CHAPTER 41

 

[Approved: May 12, 2015]

 

AN ACT relating to transportation; revising provisions governing the required submission of certain reports by the Department of Transportation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Transportation to report biennially to the Legislature the highway construction and maintenance requirements for the next 3 years, and the progress being made on the Department’s 12-year plan for the resurfacing of state highways. (NRS 408.203) Existing law also requires the Board of Directors of the Department to prepare and present to the Governor a detailed proposed work program on or before July 15 of each year for the upcoming fiscal year ending in June. (NRS 408.203) Federal regulations require the Director to develop a 4-year statewide transportation improvement plan and to update the plan at least every 4 years. (23 C.F.R. 450.216) Section 1 of this bill requires the Director to report biennially to the Legislature the requirements for highway construction and maintenance for the next 4 years, instead of the next 3 years, to correspond with the federal reporting requirements. Section 1 also changes the requirement that the Director report on the progress being made on the 12-year plan for the resurfacing of highways to a 10-year plan. Section 2 of this bill requires the Board to submit annually a proposed work program to the Governor on or before October 1, the beginning of the federal fiscal year, instead of July 15, and requires the proposed work program to be for the upcoming federal fiscal year ending the following September 30.

 

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 408.203 is hereby amended to read as follows:

      408.203  The Director shall:

      1.  Compile a comprehensive report outlining the requirements for the construction and maintenance of highways for the next 10 years, including anticipated revenues and expenditures of the Department, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.

      2.  Compile a comprehensive report of the requirements for the construction and maintenance of highways for the next [3] 4 years, including anticipated revenues and expenditures of the Department, no later than October 1 of each even-numbered year, and submit it to the Director of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate and Assembly Standing Committees on Transportation.

      3.  Report to the Legislature by February 1 of odd-numbered years the progress being made in the Department’s [12-year] 10-year plan for the resurfacing of state highways. The report must include an accounting of revenues and expenditures in the preceding 2 fiscal years, a list of the projects which have been completed, including mileage and cost, and an estimate of the adequacy of projected revenues for timely completion of the plan.

 


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ê2015 Statutes of Nevada, Page 193 (Chapter 41, SB 23)ê

 

      4.  On or before February 1 of each odd-numbered year, submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a written report concerning all mobile equipment eliminated by outsourcing or purchased or leased by the Department in the preceding 2 fiscal years. The report must include, without limitation, an analysis of the costs and benefits of each purchase, lease or contract prepared pursuant to subsection 2 of NRS 408.389, the justification for the decision to purchase, lease or contract and any other information required by the Director relating to such purchase, lease or contract.

      Sec. 2. NRS 408.280 is hereby amended to read as follows:

      408.280  1.  On or before [July 15] October 1 of each year the Board shall prepare and present to the Governor a detailed proposed work program, the form and content to be determined by the Board, for the federal fiscal year ending the following [June] September 30, stating therein the amount, character, and nature of the construction, reconstruction and improvements to be initiated on the highways within the respective counties of the State during the ensuing federal fiscal year, together with an estimate of the cost to complete such work.

      2.  The Board shall cause a copy of the proposed work program to be [printed and a copy mailed] provided to the chair of the board of county commissioners of the several counties of the State, and a copy must be furnished to all news media in the State.

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

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CHAPTER 42, SB 43

Senate Bill No. 43–Committee on Transportation

 

CHAPTER 42

 

[Approved: May 12, 2015]

 

AN ACT relating to motor vehicles; revising provisions requiring the driver of certain motor vehicles to stop at all railroad grade crossings; making it unlawful for the driver of any vehicle to fail to completely cross railroad tracks because of insufficient undercarriage clearance or because of insufficient space to drive completely through the crossing without stopping; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the driver of certain vehicles crossing at grade any track or tracks of a railroad must stop within 50 feet but not less than 15 feet from the nearest rail of the railroad, must listen and look in both directions along the track for any approaching train, and may only proceed when the driver can do so safely. (NRS 484B.560) This bill imposes the same requirements on a bus carrying passengers and any vehicle carrying certain hazardous materials. This bill also provides that it is unlawful for the driver of any vehicle to stop the vehicle before completely crossing such railroad tracks due to insufficient space for the vehicle on the opposite side of the tracks or insufficient undercarriage clearance of the vehicle. The penalty for a violation of this prohibition by certain commercial vehicles is provided in regulations promulgated by the Department of Motor Vehicles, which is authorized to adopt such regulations as part of the implementation of the Commercial Motor Vehicle Safety Act of 1986, as amended.

 


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ê2015 Statutes of Nevada, Page 194 (Chapter 42, SB 43)ê

 

regulations as part of the implementation of the Commercial Motor Vehicle Safety Act of 1986, as amended. (NRS 483.900, 483.908; 49 U.S.C. §§ 31301 et seq.) A violation of this prohibition by any other vehicle is a misdemeanor under existing law. (NRS 484A.900)

 

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 484B.560 is hereby amended to read as follows:

      484B.560  1.  Except as otherwise provided in [this section,] subsection 4, the driver of [any motor vehicle] a bus carrying passengers , [for hire,] or of any school bus carrying any school child, or of any vehicle carrying [any explosive or flammable liquid as a cargo or part of a cargo,] hazardous materials as that term is defined in 49 C.F.R. § 383.5, before crossing at grade any track or tracks of a railroad, shall stop that vehicle within 50 feet but not less than 15 feet from the nearest rail of the railroad and while so stopped shall listen and look in both directions along the track for any approaching train, and for signals indicating the approach of a train, and shall not proceed until the driver can do so safely.

      2.  After stopping as required in this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in a gear of the vehicle that there will be no necessity for changing gears while traversing the crossing and the driver shall not shift gears while crossing the track or tracks.

      3.  When stopping is required at a railroad crossing the driver shall keep as far to the right of the highway as possible and shall not form two lanes of traffic unless the highway is marked for four or more lanes of traffic.

      4.  No such stop need be made at a railroad crossing:

      (a) Where a police officer or official traffic-control device controls the movement of traffic.

      (b) Which is marked with a device indicating that the crossing is abandoned.

      (c) Which is a streetcar crossing or is used exclusively for industrial switching purposes within an area designated as a business district.

      (d) Which is marked with a sign identifying it as an exempt crossing. Signs identifying a crossing as exempt may be erected only:

             (1) If the tracks are an industrial or spur line;

             (2) By or with the consent of the appropriate state or local authority which has jurisdiction over the road; and

             (3) After the State or the local authority has held a public hearing to determine whether the crossing should be designated an exempt crossing.

      5.  It is unlawful for the driver of any vehicle, when crossing at grade any track or tracks of a railroad, to fail to completely cross the track or tracks without stopping due to insufficient:

      (a) Space for the vehicle on the opposite side of the railroad crossing; or

      (b) Undercarriage clearance of the vehicle.

 


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ê2015 Statutes of Nevada, Page 195 (Chapter 42, SB 43)ê

 

      6.  As used in this section, “completely cross” means to travel across a railroad track or tracks in such a manner that the trailing end of the vehicle is 15 feet or more past the nearest rail of the railroad track or tracks.

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CHAPTER 43, SB 159

Senate Bill No. 159–Senator Kieckhefer

 

CHAPTER 43

 

[Approved: May 12, 2015]

 

AN ACT relating to insurance; revising provisions for the arbitration of disputes concerning independent medical evaluations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires every policy of health insurance, policy of group or blanket health insurance, contract for hospital or medical services and evidence of coverage to include a procedure for the arbitration of disputes related to an independent medical evaluation of a treating physician’s or chiropractor’s diagnosis and care of a patient. (NRS 689A.0403, 689B.270, 695B.182, 695C.265) This bill requires such policies, contracts and evidence to include such a procedure for dental care provided by a dentist.

 

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 689A.0403 is hereby amended to read as follows:

      689A.0403  1.  Each policy of health insurance must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.

      2.  If an insurer, for any final determination of benefits or care, requires an independent evaluation of the medical , dental or chiropractic care of any person for whom such care is covered under the terms of the contract of insurance, only a physician , dentist or chiropractor who is certified to practice in the same field of practice as the primary treating physician , dentist or chiropractor or who is formally educated in that field may conduct the independent evaluation.

      3.  The independent evaluation must include a physical examination of the patient, unless the patient is deceased, and a personal review of all X rays and reports prepared by the primary treating physician , dentist or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician , dentist or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, the insured person must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the policy of insurance within 30 days after the insured person receives the finding of the evaluation.

 


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ê2015 Statutes of Nevada, Page 196 (Chapter 43, SB 159)ê

 

finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician , dentist or chiropractor.

      4.  The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician , dentist or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that the primary treating physician , dentist or chiropractor provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.

      Sec. 2. NRS 689B.270 is hereby amended to read as follows:

      689B.270  1.  Each policy of group or blanket health insurance must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.

      2.  If an insurer, for any final determination of benefits or care, requires an independent evaluation of the medical , dental or chiropractic care of any person for whom such care is covered under the terms of a policy of group or blanket health insurance, only a physician , dentist or chiropractor who is certified to practice in the same field of practice as the primary treating physician , dentist or chiropractor or who is formally educated in that field may conduct the independent evaluation.

      3.  The independent evaluation must include a physical examination of the patient, unless the patient is deceased, and a personal review of all X rays and reports prepared by the primary treating physician , dentist or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician , dentist or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, the insured person must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the policy of insurance within 30 days after receiving the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician , dentist or chiropractor.

      4.  The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician , dentist or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that the primary treating physician , dentist or chiropractor provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.

      Sec. 3. NRS 695B.182 is hereby amended to read as follows:

      695B.182  1.  Each contract for hospital or medical services must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association.

      2.  If a corporation subject to the provisions of this chapter, for any final determination of benefits or care, requires an independent evaluation of the medical , dental or chiropractic care of any person for whom such care is covered under a contract for hospital or medical services, only a physician , dentist or chiropractor who is certified to practice in the same field of practice as the primary treating physician , dentist or chiropractor or who is formally educated in that field may conduct the independent evaluation.

 


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ê2015 Statutes of Nevada, Page 197 (Chapter 43, SB 159)ê

 

      3.  The independent evaluation must include a physical examination of the patient, unless the patient is deceased, and a personal review of all X rays and reports prepared by the primary treating physician , dentist or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician , dentist or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, the insured person must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the contract for services within 30 days after the insured person receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician , dentist or chiropractor.

      4.  The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician , dentist or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that the primary treating physician , dentist or chiropractor provided to the patient after receiving written notice from the insurer pursuant to subsection 3 concerning the appeal of the insured person.

      Sec. 4. NRS 695C.265 is hereby amended to read as follows:

      695C.265  1.  If a health maintenance organization, for any final determination of benefits or care, requires an independent evaluation of the medical , dental or chiropractic care of any person for whom such care is provided under the evidence of coverage:

      (a) The evidence of coverage must include a procedure for binding arbitration to resolve disputes concerning independent medical evaluations pursuant to the rules of the American Arbitration Association; and

      (b) Only a physician , dentist or chiropractor who is certified to practice in the same field of practice as the primary treating physician , dentist or chiropractor or who is formally educated in that field may conduct the independent evaluation.

      2.  The independent evaluation must include a physical examination of the patient, unless the patient is deceased, and a personal review of all X rays and reports prepared by the primary treating physician , dentist or chiropractor. A certified copy of all reports of findings must be sent to the primary treating physician , dentist or chiropractor and the insured person within 10 working days after the evaluation. If the insured person disagrees with the finding of the evaluation, the insured person must submit an appeal to the insurer pursuant to the procedure for binding arbitration set forth in the evidence of coverage within 30 days after the insured person receives the finding of the evaluation. Upon its receipt of an appeal, the insurer shall so notify in writing the primary treating physician , dentist or chiropractor.

      3.  The insurer shall not limit or deny coverage for care related to a disputed claim while the dispute is in arbitration, except that, if the insurer prevails in the arbitration, the primary treating physician , dentist or chiropractor may not recover any payment from either the insurer, insured person or the patient for services that the primary treating physician , dentist or chiropractor provided to the patient after receiving written notice from the insurer pursuant to subsection 2 concerning the appeal of the insured person.

      Sec. 5.  This act becomes effective:

 


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

      2.  On January 1, 2016, for all other purposes.

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CHAPTER 44, SB 205

Senate Bill No. 205–Committee on Education

 

CHAPTER 44

 

[Approved: May 12, 2015]

 

AN ACT relating to schools; requiring the Department of Education to develop a model plan for the management of a crisis or emergency that involves a public or private school; requiring plans for responding to a crisis or emergency in public schools, charter schools and private schools to include the plans, procedures and information included in the model plan developed by the Department; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education to develop a plan for the management of a crisis or an emergency that involves a public or private school. (NRS 392.640) Section 3 of this bill instead requires the Department of Education to develop a model plan for the management of a crisis or an emergency that involves a public school or private school. Section 3 requires this model plan to include certain procedures, plans and information.

      Existing law requires the board of trustees of each school district or the governing body of a charter school or private school to establish a development committee to develop a plan to be used by a school in responding to a crisis or an emergency. (NRS 392.616, 392.620, 394.1685, 394.1687) Sections 1.7 and 7 of this bill require such plans to include, without limitation, the plans, procedures and information included in the model plan developed by the Department.

      Existing law requires each development committee to: (1) review and update the plan it developed for the management of a crisis or an emergency; (2) post a notice of the completion of such a review at each school; and (3) provide a copy of the plan to the State Board. (NRS 392.624, 394.1688) Sections 2 and 8 of this bill remove the requirement that a development committee provide a copy of each plan to the State Board and instead requires each committee to file a copy of the notice of completion of its review with the Department. Sections 4-6 of this bill make conforming changes to refer to the model plan developed by the Department.

 

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

      “Public safety agency” means:

      1.  A public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish and suppress fires;

 


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ê2015 Statutes of Nevada, Page 199 (Chapter 44, SB 205)ê

 

      2.  A law enforcement agency as defined in NRS 277.035; or

      3.  An emergency medical service.

      Sec. 1.3. NRS 392.600 is hereby amended to read as follows:

      392.600  As used in NRS 392.600 to 392.656, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 392.604 to 392.612, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

      Sec. 1.7. NRS 392.620 is hereby amended to read as follows:

      392.620  1.  Each development committee established by the board of trustees of a school district shall develop one plan to be used by all the public schools other than the charter schools in the school district in responding to a crisis or an emergency. Each development committee established by the governing body of a charter school shall develop a plan to be used by the charter school in responding to a crisis or an emergency. Each development committee shall, when developing the plan, consult with:

      (a) The local social service agencies and local [law enforcement] public safety agencies in the county in which its school district or charter school is located.

      (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  The plan developed pursuant to subsection 1 must include, without limitation : [, a procedure for:]

      (a) [Assisting persons within a school in the school district or the charter school to communicate with each other;

      (b) Assisting persons within a school in the school district or the charter school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of the school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (c) Immediately] The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 392.640;

      (b) A procedure for responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of a school in the school district or the charter school;

      [(d) Assisting pupils of a school in the school district or the charter school, employees of the school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school; and

      (e) Enforcing] and

      (c) A procedure for enforcing discipline within a school in the school district or the charter school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

 


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      4.  Except as otherwise provided in NRS 392.632 and 392.636, each public school, including, without limitation, each charter school, must comply with the plan developed for it pursuant to this section.

      Sec. 2. NRS 392.624 is hereby amended to read as follows:

      392.624  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 392.620. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the board of trustees of the school district that established the committee or the governing body of the charter school that established the committee.

      3.  The board of trustees of each school district and the governing body of each charter school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at each school in its school district or at its charter school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 392.600 to 392.656, inclusive, and section 1 of this act, at each school in its school district or at its charter school;

      [(c)] (d) Retain a copy of each plan developed pursuant to NRS 392.620, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 392.636;

      [(d)] (e) Provide a copy of each plan developed pursuant to NRS 392.620 and each plan updated pursuant to subsection 1 to:

             (1) [The State Board;

             (2)] Each local [law enforcement] public safety agency in the county in which the school district or charter school is located;

             [(3)] (2) The Division of Emergency Management of the Department of Public Safety; and

             [(4)] (3) The local organization for emergency management, if any;

      [(e)] (f) Upon request, provide a copy of each plan developed pursuant to NRS 392.620 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of a school who is included in the plan;

      [(f) Upon request, provide]

      (g) Provide a copy of each deviation approved pursuant to NRS 392.636 as soon as practicable to:

             (1) The [State Board;] Department;

             (2) A local [law enforcement] public safety agency in the county in which the school district or charter school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of a school who is included in the plan; and

      [(g)] (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

 


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ê2015 Statutes of Nevada, Page 201 (Chapter 44, SB 205)ê

 

school district or of the charter school, including, without limitation, training concerning drills for evacuating and securing schools.

      4.  The board of trustees of each school district and the governing body of each charter school may apply for and accept gifts, grants and contributions from any public or private source to carry out the provisions of NRS 392.600 to 392.656, inclusive [.] , and section 1 of this act.

      Sec. 3. NRS 392.640 is hereby amended to read as follows:

      392.640  1.  The [State Board] Department shall, with assistance from other state agencies, including, without limitation, the Division of Emergency Management, the Investigation Division, and the Nevada Highway Patrol Division of the Department of Public Safety, develop a model plan for the management of a crisis or an emergency that involves a public school, including, without limitation, a charter school, or a private school and that requires immediate action. The model plan must include, without limitation, a procedure for [coordinating] :

      (a) Coordinating the resources of local, state and federal agencies, officers and employees, as appropriate [.] ;

      (b) Accounting for all persons within a school;

      (c) Assisting persons within a school in a school district, a charter school or a private school to communicate with each other;

      (d) Assisting persons within a school in a school district, a charter school or a private school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of such a school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (e) Assisting pupils of a school in the school district, a charter school or a private school, employees of such a school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school;

      (f) Reunifying a pupil with his or her parent or legal guardian;

      (g) Providing any necessary medical assistance;

      (h) Recovering from a crisis or an emergency;

      (i) Carrying out a lockdown at a school in which persons are not allowed to enter or exit the school;

      (j) Providing shelter in specific areas of a school; and

      (k) Providing specific information relating to managing a crisis or an emergency that is a result of:

             (1) An incident involving hazardous materials;

             (2) An incident involving mass casualties;

             (3) An incident involving an active shooter;

             (4) An outbreak of disease;

             (5) Any threat or hazard identified in the hazard mitigation plan of the county in which the school district is located, if such a plan exists; or

             (6) Any other situation, threat or hazard deemed appropriate.

      2.  In developing the model plan, the [State Board] Department shall consider the plans developed pursuant to NRS 392.620 and 394.1687 and updated pursuant to NRS 392.624 and 394.1688.

      [2.] 3.  The [State Board] Department may disseminate to any appropriate local, state or federal agency, officer or employee, as the [State Board] Department determines is necessary:

 


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      (a) The model plan developed by the [State Board] Department pursuant to subsection 1;

      (b) A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624;

      (c) A plan developed pursuant to NRS 394.1687 or updated pursuant to NRS 394.1688; and

      (d) A deviation approved pursuant to NRS 392.636 or 394.1692.

      4.  The Department shall, at least once each year, review and update as appropriate the model plan developed pursuant to subsection 1.

      Sec. 4. NRS 392.648 is hereby amended to read as follows:

      392.648  1.  If a crisis or an emergency that requires immediate action occurs at a public school, including, without limitation, a charter school, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 392.620 and in accordance with any deviation approved pursuant to NRS 392.636, contact all appropriate local agencies to respond to the crisis or the emergency.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

      Sec. 5. NRS 392.652 is hereby amended to read as follows:

      392.652  A plan developed pursuant to NRS 392.620 or updated pursuant to NRS 392.624, a deviation and any information submitted to a development committee pursuant to NRS 392.632, a deviation approved pursuant to NRS 392.636 and the model plan developed pursuant to NRS 392.640 are confidential and, except as otherwise provided in NRS 239.0115 and 392.600 to 392.656, inclusive, and section 1 of this act must not be disclosed to any person or government, governmental agency or political subdivision of a government.

 


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      Sec. 6. NRS 392.656 is hereby amended to read as follows:

      392.656  The provisions of chapter 241 of NRS do not apply to a meeting of:

      1.  A development committee;

      2.  A school committee; [or]

      3.  The State Board if the meeting concerns a regulation adopted pursuant to NRS 392.644 ; or

      4.  The Department if the meeting concerns the model plan developed pursuant to NRS 392.640.

      Sec. 7. NRS 394.1687 is hereby amended to read as follows:

      394.1687  1.  Each development committee shall develop a plan to be used by its school in responding to a crisis or an emergency. Each development committee shall, when developing the plan, consult with:

      (a) The local social service agencies and local [law enforcement] public safety agencies in the county in which its school is located.

      (b) The director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  The plan developed pursuant to subsection 1 must include, without limitation [, a procedure for:

      (a) Assisting persons within the school to communicate with each other;

      (b) Assisting persons within the school to communicate with persons located outside the school, including, without limitation, relatives of pupils and relatives of employees of the school, the news media and persons from local, state or federal agencies that are responding to a crisis or an emergency;

      (c) Immediately] :

      (a) The plans, procedures and information included in the model plan developed by the Department pursuant to NRS 392.640;

      (b) A procedure for immediately responding to a crisis or an emergency and for responding during the period after a crisis or an emergency has concluded, including, without limitation, a crisis or an emergency that results in immediate physical harm to a pupil or employee of the school;

      [(d) Assisting pupils of the school, employees of the school and relatives of such pupils and employees to move safely within and away from the school, including, without limitation, a procedure for evacuating the school and a procedure for securing the school; and

      (e) Enforcing] and

      (c) A procedure for enforcing discipline within the school and for obtaining and maintaining a safe and orderly environment during a crisis or an emergency.

      3.  Each development committee shall provide a copy of the plan that it develops pursuant to this section to the governing body of the school that established the committee.

      4.  Except as otherwise provided in NRS 394.1691 and 394.1692, each private school must comply with the plan developed for it pursuant to this section.

      Sec. 8. NRS 394.1688 is hereby amended to read as follows:

      394.1688  1.  Each development committee shall, at least once each year, review and update as appropriate the plan that it developed pursuant to NRS 394.1687. In reviewing and updating the plan, the development committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

 


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committee shall consult with the director of the local organization for emergency management or, if there is no local organization for emergency management, with the Chief of the Division of Emergency Management of the Department of Public Safety or his or her designee.

      2.  Each development committee shall provide an updated copy of the plan to the governing body of the school.

      3.  The governing body of each private school shall:

      (a) Post a notice of the completion of each review and update that its development committee performs pursuant to subsection 1 at the school;

      (b) File with the Department a copy of the notice provided pursuant to paragraph (a);

      (c) Post a copy of NRS 392.640 and 394.168 to 394.1699, inclusive, at the school;

      [(c)] (d) Retain a copy of each plan developed pursuant to NRS 394.1687, each plan updated pursuant to subsection 1 and each deviation approved pursuant to NRS 394.1692;

      [(d)] (e) Provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to:

             (1) [The Board;

             (2)] Each local [law enforcement] public safety agency in the county in which the school is located;

             [(3)] (2) The Division of Emergency Management of the Department of Public Safety; and

             [(4)] (3) The local organization for emergency management, if any;

      [(e)] (f) Upon request, provide a copy of each plan developed pursuant to NRS 394.1687 and each plan updated pursuant to subsection 1 to a local agency that is included in the plan and to an employee of the school who is included in the plan;

      [(f)] (g) Upon request, provide a copy of each deviation approved pursuant to NRS 394.1692 to:

             (1) The [Board;] Department;

             (2) A local [law enforcement] public safety agency in the county in which the school is located;

             (3) The Division of Emergency Management of the Department of Public Safety;

             (4) The local organization for emergency management, if any;

             (5) A local agency that is included in the plan; and

             (6) An employee of the school who is included in the plan; and

      [(g)] (h) At least once each year, provide training in responding to a crisis and training in responding to an emergency to each employee of the school, including, without limitation, training concerning drills for evacuating and securing the school.

      Sec. 9. NRS 394.1696 is hereby amended to read as follows:

      394.1696  1.  If a crisis or an emergency that requires immediate action occurs at a private school, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies to respond to the crisis or the emergency.

 


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      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the model plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

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

________

CHAPTER 45, SB 217

Senate Bill No. 217–Senators Kieckhefer, Hardy and Roberson

 

CHAPTER 45

 

[Approved: May 12, 2015]

 

AN ACT relating to health care; prohibiting policies of health insurance and health care plans from denying coverage for topical ophthalmic products under certain circumstances; requiring a pharmacist to dispense early refills of topical ophthalmic products under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain public and private policies of insurance and health care plans to provide coverage for certain procedures, including colorectal cancer screenings, cytological screening tests and mammograms, in certain circumstances. (NRS 287.027, 287.04335, 689A.04042, 689A.0405, 689B.0367, 689B.0374, 695B.1907, 695B.1912, 695C.1731, 695C.1735, 695G.168) Existing law also requires employers to provide certain benefits to employees, including coverage for the procedures required to be covered by insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 1, 3, 4, 6, 7, 10 and 11 of this bill prohibit certain public and private policies of insurance and health care plans from denying coverage for otherwise covered topical ophthalmic products, commonly known as eye drops, if refills are provided early.

 


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from denying coverage for otherwise covered topical ophthalmic products, commonly known as eye drops, if refills are provided early. Section 13 of this bill requires a pharmacist to provide early refills of topical ophthalmic products to a patient if: (1) the patient is experiencing inadvertent wastage of the product due to difficulty applying the product to the eye; (2) the patient requests the early refill; and (3) the early refill is dispensed pursuant to a valid prescription which bears specific authorization to refill.

 

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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer who offers or issues a policy of health insurance which provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the insurer when the insured, pursuant to section 13 of this act, receives a refill of the product:

      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance authorized or required pursuant to the policy of health insurance.

      3.  A policy of health insurance subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the policy or renewal which is in conflict with this section is void.

      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 2. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by

that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

      Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer who offers or issues a policy of group health insurance which provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the insurer when the insured, pursuant to section 13 of this act, receives a refill of the product:

 


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      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance authorized or required pursuant to the policy of group health insurance.

      3.  A policy of group health insurance subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the policy or renewal which is in conflict with this section is void.

      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A carrier who offers or issues a health benefit plan which provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the carrier when the insured, pursuant to section 13 of this act, receives a refill of the product:

      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance established by the health benefit plan.

      3.  A health benefit plan subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the plan or renewal which is in conflict with this section is void.

      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 5. NRS 689C.425 is hereby amended to read as follows:

      689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

      Sec. 6. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A hospital or medical service corporation which offers or issues a policy of health insurance that provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the hospital or medical service corporation when the insured, pursuant to section 13 of this act, receives a refill of the product:

 


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ê2015 Statutes of Nevada, Page 208 (Chapter 45, SB 217)ê

 

otherwise approved for coverage by the hospital or medical service corporation when the insured, pursuant to section 13 of this act, receives a refill of the product:

      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance authorized or required pursuant to the policy of health insurance.

      3.  A policy of health insurance subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the policy or renewal which is in conflict with this section is void.

      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 7. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization which offers or issues a health care plan that provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the health maintenance organization when the enrollee, pursuant to section 13 of this act, receives a refill of the product:

      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance established by the health care plan.

      3.  An evidence of coverage subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or renewal which is in conflict with this section is void.

      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 8. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

 


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ê2015 Statutes of Nevada, Page 209 (Chapter 45, SB 217)ê

 

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170 to 695C.173, inclusive, 695C.1733 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694, 695C.1695 and 695C.1731 and section 7 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      Sec. 9. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 7 of this act or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The Commissioner certifies that the health maintenance organization:

             (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

 


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             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 10. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization which offers or issues a health care plan that provides coverage for prescription drugs shall not deny coverage for a topical ophthalmic product which is otherwise approved for coverage by the managed care organization when the insured, pursuant to section 13 of this act, receives a refill of the product:

      (a) After 21 days or more but before 30 days after receiving any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after receiving any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after receiving any 90-day supply of the product.

      2.  The provisions of this section do not affect any deductibles, copayments or coinsurance authorized or required pursuant to the health care plan.

      3.  An evidence of coverage subject to the provisions of this chapter which provides coverage for prescription drugs and that is delivered, issued for delivery or renewed on or after January 1, 2016, has the legal effect of including the coverage required by this section, and any provision of the evidence of coverage or renewal which is in conflict with this section is void.

 


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      4.  As used in this section, “topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 11. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 687B.408, 689B.030 to 689B.050, inclusive, and section 3 of this act and 689B.287 apply to coverage provided pursuant to this paragraph.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

 


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and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 12. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 689B.255, 695G.150, 695G.160, 695G.164, 695G.1645, 695G.167, 695G.170, 695G.171, 695G.173, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, and section 10 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 13. Chapter 639 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a pharmacist, upon the request of a patient having difficulty with inadvertent wastage of a topical ophthalmic product, and pursuant to a valid prescription which bears specific authorization to refill, shall dispense a refill of the product:

      (a) After 21 days or more but before 30 days after the patient has received any 30-day supply of the product;

      (b) After 42 days or more but before 60 days after the patient has received any 60-day supply of the product; or

      (c) After 63 days or more but before 90 days after the patient has received any 90-day supply of the product.

      2.  The provisions of subsection 1 do not:

      (a) Apply to any controlled substance; or

      (b) Authorize any refills in excess of the number of refills indicated on the prescription by the prescribing practitioner.

      3.  As used in this section:

      (a) “Inadvertent wastage” means loss of a topical ophthalmic product due to difficulty applying the product to the eye as directed.

 


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ê2015 Statutes of Nevada, Page 213 (Chapter 45, SB 217)ê

 

      (b) “Topical ophthalmic product” means a liquid prescription drug which is applied directly to the eye from a bottle or by means of a dropper.

      Sec. 14. NRS 639.2397 is hereby amended to read as follows:

      639.2397  Any authorization to refill a prescription issued pursuant to the provisions of NRS 639.2393 to 639.2397, inclusive, and section 13 of this act may be rescinded at any time after that authorization is given, by the original practitioner or by another practitioner acting in his or her behalf or by another practitioner who is caring for the patient for whom the original prescription was issued, by notifying the pharmacy in which the prescription was filled orally or in writing.

      Sec. 15.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 16.  This act becomes effective:

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

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 46, SB 263

Senate Bill No. 263–Committee on Transportation

 

CHAPTER 46

 

[Approved: May 12, 2015]

 

AN ACT relating to vehicles; revising provisions governing the permissible operation of certain vehicles upon a sidewalk; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits the driver of a vehicle from driving upon or within any sidewalk area, except at a permanent or temporary driveway or alley entrance. (NRS 484B.117) Section 1 of this bill further exempts from that prohibition a vehicle that is powered solely by electricity and designed to travel on three wheels when such a vehicle is operated: (1) as an authorized emergency vehicle; (2) by a law enforcement officer in the course of his or her duties; or (3) by a security guard in the course of his or her duties. Section 2 of this bill authorizes a board of county commissioners, to protect the health and safety of the public, to enact an ordinance regulating the time, place and manner of the operation of such vehicles by a security guard.

 

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 484B.117 is hereby amended to read as follows:

      484B.117  [The]

      1.  Except as otherwise provided in subsection 2, the driver of a vehicle shall not drive upon or within any sidewalk area except at a permanent or temporary driveway or alley entrance.

 


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ê2015 Statutes of Nevada, Page 214 (Chapter 46, SB 263)ê

 

      2.  The provisions of subsection 1 do not apply to a vehicle that is powered solely by electricity and designed to travel on three wheels when such a vehicle is operated:

      (a) As an authorized emergency vehicle;

      (b) By an officer or other authorized employee of a law enforcement agency, as that term is defined in NRS 239C.065, in the course of his or her official duties; or

      (c) By a security guard, as that term is defined in NRS 648.016, in the course of his or her official duties.

      Sec. 2. NRS 244.3571 is hereby amended to read as follows:

      244.3571  1.  Each board of county commissioners may, to protect the health and safety of the public, enact an ordinance which regulates the time, place and manner of the operation of [an] :

      (a) An electric personal assistive mobility device ; or

      (b) A vehicle operating pursuant to the provisions of paragraph (c) of subsection 2 of NRS 484B.117,

Ê in the county, including, without limitation, by prohibiting the use of an electric personal assistive mobility device or a vehicle specified in paragraph (b) in a specified area of the county.

      2.  As used in this section, “electric personal assistive mobility device” has the meaning ascribed to it in NRS 482.029.

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

________

CHAPTER 47, AB 30

Assembly Bill No. 30–Committee on Education

 

CHAPTER 47

 

[Approved: May 12, 2015]

 

AN ACT relating to education; revising provisions concerning the submission of a plan to improve the achievement of pupils enrolled in public school in this State; requiring the State Board to review each plan submitted by the principal of a school and make certain recommendations to the Department of Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the principal of each school to prepare and submit a plan to improve the achievement of the pupils enrolled in the school to the Superintendent of Public Instruction, the Governor, the State Board of Education, the Department of Education, the Legislative Committee on Education, the Legislative Bureau of Educational Accountability and Program Evaluation and the board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school. (NRS 385.357) Section 1 of this bill removes the requirement that a principal must submit the plan to the Superintendent of Public Instruction, the Governor and the State Board. Section 2 of this bill requires the State Board to review each plan submitted by the principal of each school to determine common problems identified by the principal of each school and make recommendations to the Department concerning how the Department can best support the needs of schools.

 


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ê2015 Statutes of Nevada, Page 215 (Chapter 47, AB 30)ê

 

      Existing law requires the State Board to prepare and submit a plan to improve the achievement of pupils in this State to various entities. (NRS 385.3593) Section 2 requires this plan to include: (1) certain information regarding the manner in which remediation will be provided to pupils who require remediation based on the results of an end-of-course examination or the results of the college and career readiness assessment; (2) strategies to improve the literacy skills of pupils; and (3) strategies to improve the development of English language skills and the academic achievement of pupils who are limited English proficient. Section 2 also revises the date on which the State Board is required to submit the plan or revised plan.

 

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 385.357 is hereby amended to read as follows:

      385.357  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must include:

      (a) A review and analysis of the data pertaining to the school upon which the report required pursuant to subsection 2 or 3 of NRS 385.347, as applicable, is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors at the school that are revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as defined in NRS 389.018.

      (d) Policies and practices concerning the core academic subjects which have the greatest likelihood of ensuring that each group of pupils enrolled in the school and identified in the statewide system of accountability for public schools will meet the performance targets established for that group.

      (e) Annual measurable objectives and performance targets, consistent with the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools, for the continuous and substantial progress by each group of pupils identified in the statewide system of accountability for public schools who are enrolled in the school to ensure that each group will meet the performance targets established for that group.

      (f) Strategies and practices which:

             (1) Are consistent with the policy adopted pursuant to NRS 392.457 by the board of trustees of the school district in which the school is located, to promote effective involvement by parents and families of pupils enrolled in the school in the education of their children; and

             (2) Are designed to improve and promote effective involvement and engagement by parents and families of pupils enrolled in the school which are consistent with the policies and recommendations of the Office of Parental Involvement and Family Engagement made pursuant to NRS 385.635.

      (g) As appropriate, programs of remedial education or tutoring to be offered before and after school, during the summer, or between sessions if the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

 


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ê2015 Statutes of Nevada, Page 216 (Chapter 47, AB 30)ê

 

the school operates on a year-round calendar for pupils enrolled in the school who need additional instructional time to pass or to reach a level considered proficient.

      (h) Strategies to improve the academic achievement of pupils enrolled in the school, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.550 and 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807; and

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

             (2) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             (3) Integrate technology into the instructional and administrative programs of the school;

             (4) Manage effectively the discipline of pupils; and

             (5) Enhance the professional development offered for the teachers and administrators employed at the school to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of pupils enrolled in the school, as deemed appropriate by the principal.

      (i) An identification, by category, of the employees of the school who are responsible for ensuring that the plan is carried out effectively.

      (j) In consultation with the school district or governing body, as applicable, an identification, by category, of the employees of the school district or governing body, if any, who are responsible for ensuring that the plan is carried out effectively or for overseeing and monitoring whether the plan is carried out effectively.

      (k) In consultation with the Department, an identification, by category, of the employees of the Department, if any, who are responsible for overseeing and monitoring whether the plan is carried out effectively.

      (l) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (m) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (n) The resources available to the school to carry out the plan. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, each school shall use that statewide program in complying with this paragraph. If a statewide program is not available, each school shall use the financial analysis program used by the school district in which the school is located in complying with this paragraph.

      (o) A summary of the effectiveness of appropriations made by the Legislature that are available to the school to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

 


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ê2015 Statutes of Nevada, Page 217 (Chapter 47, AB 30)ê

 

achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (p) A budget of the overall cost for carrying out the plan.

      3.  The principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  On or before December 15 of each year, the principal of each school shall submit the plan or the revised plan, as applicable, to:

      (a) If the school is a public school of the school district, the superintendent of schools of the school district.

      (b) If the school is a charter school, the governing body of the charter school.

      5.  If a Title I school is rated as underperforming pursuant to the statewide system of accountability for public schools, the superintendent of schools of the school district or the governing body, as applicable, shall carry out a process for peer review of the plan or the revised plan, as applicable, in accordance with 20 U.S.C. § 6316(b)(3)(E) and the regulations adopted pursuant thereto. Not later than 45 days after receipt of the plan, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan, as applicable, if it meets the requirements of 20 U.S.C. § 6316(b)(3) and the regulations adopted pursuant thereto and the requirements of this section. The superintendent of schools of the school district or the governing body, as applicable, may condition approval of the plan or the revised plan, as applicable, in the manner set forth in 20 U.S.C. § 6316(b)(3)(B) and the regulations adopted pursuant thereto. The State Board shall prescribe the requirements for the process of peer review, including, without limitation, the qualifications of persons who may serve as peer reviewers.

      6.  If a school is rated as meeting the annual measurable objectives and performance targets established pursuant to the statewide system of accountability for public schools, or if a school that is not a Title I school is rated as underperforming pursuant to the statewide accountability system for public schools, not later than 45 days after receipt of the plan or the revised plan, as applicable, the superintendent of schools of the school district or the governing body, as applicable, shall approve the plan or the revised plan if it meets the requirements of this section.

      7.  On or before January 31 of each year, the principal of each school shall submit the final plan or the final revised plan, as applicable, to the:

      (a) [Superintendent of Public Instruction;

      (b) Governor;

      (c) State Board;

      (d)] Department;

      [(e)] (b) Committee;

      [(f)] (c) Bureau; and

      [(g)] (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

 


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ê2015 Statutes of Nevada, Page 218 (Chapter 47, AB 30)ê

 

      8.  A plan for the improvement of a school must be carried out expeditiously, but not later than February 15 after approval of the plan pursuant to subsection 5 or 6, as applicable.

      Sec. 2. NRS 385.3593 is hereby amended to read as follows:

      385.3593  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391.516, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391.512;

             (5) The Bureau; and

             (6) Other persons who the State Board determines are appropriate.

      2.  A plan to improve the achievement of pupils enrolled in public schools in this State must include:

      (a) A review and analysis of the data upon which the report required pursuant to NRS 385.3572 is based and a review and analysis of any data that is more recent than the data upon which the report is based.

      (b) The identification of any problems or factors common among the school districts or charter schools in this State, as revealed by the review and analysis.

      (c) Strategies based upon scientifically based research, as defined in 20 U.S.C. § 7801(37), that will strengthen the core academic subjects, as set forth in NRS 389.018.

      (d) Strategies to improve the academic achievement of pupils enrolled in public schools in this State, including, without limitation, strategies to:

             (1) Instruct pupils who are not achieving to their fullest potential, including, without limitation:

                   (I) The curriculum appropriate to improve achievement;

                   (II) The manner by which the instruction will improve the achievement and proficiency of pupils on the examinations administered pursuant to NRS 389.550 and 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807 [;] , including, without limitation, the manner in which remediation will be provided to pupils who require remediation based on the results of an examination administered pursuant to NRS 389.805 and 389.807; and

 


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ê2015 Statutes of Nevada, Page 219 (Chapter 47, AB 30)ê

 

                   (III) An identification of the instruction and curriculum that is specifically designed to improve the achievement and proficiency of pupils in each group identified in the statewide system of accountability for public schools;

             (2) Improve the literacy skills of pupils;

             (3) Improve the development of English language skills and academic achievement of pupils who are limited English proficient;

             (4) Increase the rate of attendance of pupils and reduce the number of pupils who drop out of school;

             [(3)] (5) Integrate technology into the instructional and administrative programs of the school districts;

             [(4)] (6) Manage effectively the discipline of pupils; and

             [(5)] (7) Enhance the professional development offered for the teachers and administrators employed at public schools in this State to include the activities set forth in 20 U.S.C. § 7801(34) and to address the specific needs of the pupils enrolled in public schools in this State, as deemed appropriate by the State Board.

      (e) Strategies designed to provide to the pupils enrolled in middle school, junior high school and high school, the teachers and counselors who provide instruction to those pupils, and the parents and guardians of those pupils information concerning:

             (1) The requirements for admission to an institution of higher education and the opportunities for financial aid;

             (2) The availability of Governor Guinn Millennium Scholarships pursuant to NRS 396.911 to 396.945, inclusive; and

             (3) The need for a pupil to make informed decisions about his or her curriculum in middle school, junior high school and high school in preparation for success after graduation.

      (f) An identification, by category, of the employees of the Department who are responsible for ensuring that each provision of the plan is carried out effectively.

      (g) A timeline for carrying out the plan, including, without limitation:

             (1) The rate of improvement and progress which must be attained annually in meeting the goals and benchmarks established by the State Board pursuant to subsection 3; and

             (2) For each provision of the plan, a timeline for carrying out that provision, including, without limitation, a timeline for monitoring whether the provision is carried out effectively.

      (h) For each provision of the plan, measurable criteria for determining whether the provision has contributed toward improving the academic achievement of pupils, increasing the rate of attendance of pupils and reducing the number of pupils who drop out of school.

      (i) Strategies to improve the allocation of resources from this State, by program and by school district, in a manner that will improve the academic achievement of pupils. If this State has a financial analysis program that is designed to track educational expenditures and revenues to individual schools, the State Board shall use that statewide program in complying with this paragraph. If a statewide program is not available, the State Board shall use the Department’s own financial analysis program in complying with this paragraph.

 


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ê2015 Statutes of Nevada, Page 220 (Chapter 47, AB 30)ê

 

      (j) Based upon the reallocation of resources set forth in paragraph (i), the resources available to the State Board and the Department to carry out the plan, including, without limitation, a budget for the overall cost of carrying out the plan.

      (k) A summary of the effectiveness of appropriations made by the Legislature to improve the academic achievement of pupils and programs approved by the Legislature to improve the academic achievement of pupils.

      (l) A 5-year strategic plan which identifies the recurring issues in improving the achievement and proficiency of pupils in this State and which establishes strategic goals to address those issues. The 5-year strategic plan must be:

             (1) Based upon the data from previous years which is collected by the Department for the plan developed pursuant to this section; and

             (2) Designed to track the progress made in achieving the strategic goals established by the Department.

      (m) Any additional plans addressing the achievement and proficiency of pupils adopted by the Department.

      3.  The State Board shall:

      (a) In developing the plan to improve the achievement of pupils enrolled in public schools, establish clearly defined goals and benchmarks for improving the achievement of pupils, including, without limitation, goals for:

             (1) Improving proficiency results in core academic subjects;

             (2) Increasing the number of pupils enrolled in public middle schools and junior high schools, including, without limitation, charter schools, who enter public high schools with the skills necessary to succeed in high school;

             (3) Improving the percentage of pupils who enroll in grade 9 and who graduate from a public high school, including, without limitation, a charter school, with a standard or higher diploma upon completion;

             (4) Improving the performance of pupils on standardized college entrance examinations;

             (5) Increasing the percentage of pupils enrolled in high schools who enter postsecondary educational institutions or who are career and workforce ready; and

             (6) Reengaging disengaged youth who have dropped out of high school or who are at risk of dropping out of high school, including, without limitation, a mechanism for tracking and maintaining communication with those youth who have dropped out of school or who are at risk of doing so;

      (b) Review the plan annually to evaluate the effectiveness of the plan;

      (c) Examine the timeline for implementing the plan and each provision of the plan to determine whether the annual goals and benchmarks have been attained; [and]

      (d) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that:

             (1) The goals and benchmarks set forth in the plan are being attained in a timely manner; and

             (2) The plan is designed to improve the academic achievement of pupils enrolled in public schools in this State [.] ; and

      (e) Review the plans submitted pursuant to subsection 7 of NRS 385.357 to:

             (1) Determine common problems identified by the principal of each school pursuant to paragraph (b) of subsection 2 of NRS 385.357; and

 


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ê2015 Statutes of Nevada, Page 221 (Chapter 47, AB 30)ê

 

             (2) Make recommendations to the Department concerning how the Department can best support the needs of schools.

      4.  On or before [January] March 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Committee;

      (c) Bureau;

      (d) Board of Regents of the University of Nevada;

      (e) [Council to Establish Academic Standards for Public Schools created by NRS 389.510;

      (f)] Board of trustees of each school district; and

      [(g)] (f) Governing body of each charter school.

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

________

CHAPTER 48, AB 154

Assembly Bill No. 154–Committee on Commerce and Labor

 

CHAPTER 48

 

[Approved: May 12, 2015]

 

AN ACT relating to the Nevada Employment Security Council; altering certain duties assigned to the Council; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Current law establishes the Nevada Employment Security Council as an advisory body to the Employment Security Division of the Department of Employment, Training and Rehabilitation. (NRS 612.305, 612.310) This bill makes changes regarding the various duties assigned to the Council as recommended by the Sunset Subcommittee of the Legislative 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 612.310 is hereby amended to read as follows:

      612.310  1.  The Employment Security Council shall act as an advisory council to the Administrator to:

      (a) Reduce and prevent unemployment ; [.]

      (b) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance [.] ; and

      (c) [Investigate, recommend, advise and assist in the establishment and operation by municipalities, counties, school districts and the State of reserves for public works to be used in times of business depression and unemployment.

      (d)] Promote the reemployment of unemployed workers throughout the State in every other way that may be feasible.

      [(e) Carry on and publish the results of investigations and research studies to these ends.]

 


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ê2015 Statutes of Nevada, Page 222 (Chapter 48, AB 154)ê

 

      2.  Whenever the Employment Security Council believes that a change in contribution or benefit rates will become necessary to protect the solvency of the Unemployment Compensation Fund, it shall promptly so inform the Administrator and make recommendations with respect thereto.

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

________

CHAPTER 49, AB 19

Assembly Bill No. 19–Committee on Government Affairs

 

CHAPTER 49

 

[Approved: May 12, 2015]

 

AN ACT relating to local governments; revising provisions governing the day on which certain governing bodies must hold budget hearings on tentative budgets prepared by those governing bodies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain local governmental entities which have the right to levy or receive money from ad valorem or other taxes, or any mandatory assessments, are required to prepare a tentative budget for the ensuing fiscal year. Such a local governmental entity must submit the tentative budget to the Department of Taxation and then give notice of a public hearing on the tentative budget. Existing law requires that such a budget hearing must be held: (1) for county budgets, on the third Monday in May; (2) for city budgets, on the third Tuesday in May; (3) for school districts, on the third Wednesday in May; and (4) for all other local governments, on the third Thursday in May or the Friday immediately succeeding the third Thursday in May. (NRS 354.596) This bill eliminates the requirement that the budget hearing be held on those specified days and instead requires that the budget hearing be held not sooner than the third Monday in May and not later than the last day in May.

 

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 354.596 is hereby amended to read as follows:

      354.596  1.  The officer charged by law shall prepare, or the governing body shall cause to be prepared, on appropriate forms prescribed by the Department of Taxation for the use of local governments, a tentative budget for the ensuing fiscal year. The tentative budget for the following fiscal year must be submitted to the county auditor and filed for public record and inspection in the office of:

      (a) The clerk or secretary of the governing body; and

      (b) The county clerk.

      2.  On or before April 15, a copy of the tentative budget must be submitted:

      (a) To the Department of Taxation; and

      (b) In the case of school districts, to the Department of Education.

      3.  At the time of filing the tentative budget, the governing body shall give notice of the time and place of a public hearing on the tentative budget and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing.

 


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ê2015 Statutes of Nevada, Page 223 (Chapter 49, AB 19)ê

 

and shall cause a notice of the hearing to be published once in a newspaper of general circulation within the area of the local government not more than 14 nor less than 7 days before the date set for the hearing. The notice of public hearing must state:

      (a) The time and place of the public hearing.

      (b) That a tentative budget has been prepared in such detail and on appropriate forms as prescribed by the Department of Taxation.

      (c) The places where copies of the tentative budget are on file and available for public inspection.

      4.  [Budget hearings] The public hearing on the tentative budget must be held [:

      (a) For county budgets, on] by the governing body not sooner than the third Monday in May [;

      (b) For cities, on the third Tuesday in May;

      (c) For school districts, on the third Wednesday in May; and

      (d) For all other local governments, on the third Thursday in May or the Friday immediately succeeding the third Thursday in May,

Ê except that the board of county commissioners may consolidate the hearing on all local government budgets administered by the board of county commissioners with the county budget hearing.] and not later than the last day in May.

      5.  The Department of Taxation shall examine the submitted documents for compliance with law and with appropriate regulations and shall submit to the governing body at least 3 days before the public hearing a written certificate of compliance or a written notice of lack of compliance. The written notice must indicate the manner in which the submitted documents fail to comply with law or appropriate regulations.

      6.  Whenever the governing body receives from the Department of Taxation a notice of lack of compliance, the governing body shall forthwith proceed to amend the tentative budget to effect compliance with the law and with the appropriate regulation.

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

________

CHAPTER 50, AB 58

Assembly Bill No. 58–Committee on Government Affairs

 

CHAPTER 50

 

[Approved: May 12, 2015]

 

AN ACT relating to peace officers; providing the powers of peace officer to all sworn personnel of the Department of Public Safety; and providing other matters properly relating thereto.

 

 

 


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ê2015 Statutes of Nevada, Page 224 (Chapter 50, AB 58)ê

 

Legislative Counsel’s Digest:

      Existing law confers the powers of a peace officer upon certain personnel of the Department of Public Safety, including personnel assigned in a sworn position to any division of the Department whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty. (NRS 289.270) With certain exceptions, a person upon whom some or all of the powers of a peace officer are conferred is required to be certified by the Peace Officers’ Standards and Training Commission within 1 year after the date on which the person commences employment as a peace officer. (NRS 289.550)

      This bill instead confers the powers of peace officer on any sworn personnel of the Department.

 

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 289.270 is hereby amended to read as follows:

      289.270  1.  The following persons have the powers of a peace officer:

      (a) The Director of the Department of Public Safety.

      (b) The chiefs of the divisions of the Department of Public Safety.

      (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

      (d) The sworn personnel of the Department of Public Safety . [assigned in a sworn position to any division of the Department whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.]

      (e) Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.

      2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

      3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

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

________

 


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ê2015 Statutes of Nevada, Page 225ê

 

CHAPTER 51, AB 74

Assembly Bill No. 74–Committee on Commerce and Labor

 

CHAPTER 51

 

[Approved: May 12, 2015]

 

AN ACT relating to public utilities; extending to the landlord of a manufactured home park the applicability of provisions governing the resale of certain utility services by the landlord of a mobile home park or owner of a company town; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain requirements on the landlord of a mobile home park or the owner of a company town who charges the tenants of the park or occupants of the dwellings for certain utility services provided to the landlord or owner by a utility or alternative seller. (NRS 704.905-704.960) This bill generally makes these provisions applicable to the landlord of a manufactured home park.

      Existing law requires the landlord of a mobile home park or the owner of a company town who is subject to the provisions of NRS 704.905-704.960 to submit to the Public Utilities Commission of Nevada an annual report which contains information sufficient to determine whether the landlord or owner has complied with the applicable statutory requirements. (NRS 704.960) Section 11 of this bill extends the applicability of this requirement to include the landlord of a manufactured home park, but limits the applicability of the provision only to a landlord or owner who is billed by a utility or an alternative seller and in turn charges the tenants of the park or occupants of the dwellings for the service provided by the utility or alternative seller.

 

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 702.090 is hereby amended to read as follows:

      702.090  1.  “Retail customer” means an end-use customer that purchases natural gas or electricity for consumption in this state.

      2.  The term includes, without limitation:

      (a) A residential, commercial or industrial end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

      (b) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

      (c) A landlord who pays for natural gas or electricity that is delivered through a master meter and who distributes or resells the natural gas or electricity to one or more tenants for consumption in this state.

      3.  The term does not include this state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases natural gas or electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

 


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ê2015 Statutes of Nevada, Page 226 (Chapter 51, AB 74)ê

 

      Sec. 2. NRS 702.260 is hereby amended to read as follows:

      702.260  1.  Seventy-five percent of the money in the Fund must be distributed to the Division of Welfare and Supportive Services for programs to assist eligible households in paying for natural gas and electricity. The Division may use not more than 5 percent of the money distributed to it pursuant to this section for its administrative expenses.

      2.  Except as otherwise provided in NRS 702.150, after deduction for its administrative expenses, the Division may use the money distributed to it pursuant to this section only to:

      (a) Assist eligible households in paying for natural gas and electricity.

      (b) Carry out activities related to consumer outreach.

      (c) Pay for program design.

      (d) Pay for the annual evaluations conducted pursuant to NRS 702.280.

      3.  Except as otherwise provided in subsection 4, to be eligible to receive assistance from the Division pursuant to this section, a household must have a household income that is not more than 150 percent of the federally designated level signifying poverty, as determined by the Division.

      4.  The Division is authorized to render emergency assistance to a household if an emergency related to the cost or availability of natural gas or electricity threatens the health or safety of one or more of the members of the household. Such emergency assistance may be rendered upon the good faith belief that the household is otherwise eligible to receive assistance pursuant to this section.

      5.  Before July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division shall determine the amount of assistance that the household will receive by using the existing formulas set forth in the state plan for low-income home energy assistance.

      6.  On or after July 1, 2002, if a household is eligible to receive assistance pursuant to this section, the Division:

      (a) Shall, to the extent practicable, determine the amount of assistance that the household will receive by determining the amount of assistance that is sufficient to reduce the percentage of the household’s income that is spent on natural gas and electricity to the median percentage of household income spent on natural gas and electricity statewide.

      (b) May adjust the amount of assistance that the household will receive based upon such factors as:

             (1) The income of the household;

             (2) The size of the household;

             (3) The type of energy that the household uses; and

             (4) Any other factor which, in the determination of the Division, may make the household particularly vulnerable to increases in the cost of natural gas or electricity.

      7.  The Division shall adopt regulations to carry out and enforce the provisions of this section and NRS 702.250.

      8.  In carrying out the provisions of this section, the Division shall:

      (a) Solicit advice from the Housing Division and from other knowledgeable persons;

      (b) Identify and implement appropriate delivery systems to distribute money from the Fund and to provide other assistance pursuant to this section;

      (c) Coordinate with other federal, state and local agencies that provide energy assistance or conservation services to low-income persons and, to the extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

 


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ê2015 Statutes of Nevada, Page 227 (Chapter 51, AB 74)ê

 

extent allowed by federal law and to the extent practicable, use the same simplified application forms as those other agencies;

      (d) Establish a process for evaluating the programs conducted pursuant to this section;

      (e) Develop a process for making changes to such programs; and

      (f) Engage in annual planning and evaluation processes with the Housing Division as required by NRS 702.280.

      9.  For the purposes of this section, “eligible household” includes, without limitation:

      (a) A tenant of a manufactured home park or mobile home park subject to the provisions of NRS 704.905 to 704.960, inclusive; and

      (b) A tenant who purchases electricity from a landlord as described in paragraph (c) of subsection 2 of NRS 702.090 based on the actual usage of electricity by the tenant.

      Sec. 3. NRS 704.7808 is hereby amended to read as follows:

      704.7808  1.  “Provider of electric service” and “provider” mean any person or entity that is in the business of selling electricity to retail customers for consumption in this State, regardless of whether the person or entity is otherwise subject to regulation by the Commission.

      2.  The term includes, without limitation, a provider of new electric resources that is selling electricity to an eligible customer for consumption in this State pursuant to the provisions of chapter 704B of NRS.

      3.  The term does not include:

      (a) This State or an agency or instrumentality of this State.

      (b) A rural electric cooperative established pursuant to chapter 81 of NRS.

      (c) A general improvement district established pursuant to chapter 318 of NRS.

      (d) A utility established pursuant to chapter 709 or 710 of NRS.

      (e) A cooperative association, nonprofit corporation, nonprofit association or provider of electric service which is declared to be a public utility pursuant to NRS 704.673 and which provides service only to its members.

      (f) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

      (g) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this State.

      Sec. 4. NRS 704.7818 is hereby amended to read as follows:

      704.7818  1.  “Retail customer” means an end-use customer that purchases electricity for consumption in this state.

      2.  The term includes, without limitation:

      (a) This state, a political subdivision of this state or an agency or instrumentality of this state or political subdivision of this state when it is an end-use customer that purchases electricity for consumption in this state, including, without limitation, when it is an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

      (b) A residential, commercial or industrial end-use customer that purchases electricity for consumption in this state, including, without limitation, an eligible customer that purchases electricity for consumption in this state from a provider of new electric resources pursuant to the provisions of chapter 704B of NRS.

 


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ê2015 Statutes of Nevada, Page 228 (Chapter 51, AB 74)ê

 

      (c) A landlord of a manufactured home park or mobile home park or owner of a company town who is subject to any of the provisions of NRS 704.905 to 704.960, inclusive.

      (d) A landlord who pays for electricity that is delivered through a master meter and who distributes or resells the electricity to one or more tenants for consumption in this state.

      Sec. 5. NRS 704.905 is hereby amended to read as follows:

      704.905  As used in NRS 704.905 to 704.960, inclusive:

      1.  “Alternative seller” has the meaning ascribed to it in NRS 704.994.

      2.  “Company town” means a community whose primary purpose is to provide housing to employees of a person who owns not less than 70 percent of the dwellings, and may include commercial or other supporting establishments.

      3.  “Dwelling” includes a commercial or other supporting establishment.

      4.  “Utility” includes a public utility and all city, county or other governmental entities which provide electric, gas or water service to a manufactured home park, mobile home park or a company town.

      Sec. 6. NRS 704.910 is hereby amended to read as follows:

      704.910  1.  The provisions of NRS [704.910] 704.905 to 704.960, inclusive, apply to [mobile] manufactured home parks governed by the provisions of [chapters] chapter 118B [and] of NRS, mobile home parks governed by the provisions of chapter 461A of NRS, utilities and alternative sellers which provide utility service to those parks and landlords who operate those parks.

      2.  A utility or an alternative seller which provides gas, water or electricity to any landlord exclusively for distribution or resale to tenants residing in manufactured homes or mobile homes or for the landlord’s residential use shall not charge the landlord for those services at a rate higher than the current rates offered by the utility or alternative seller, as appropriate, to its residential customers.

      Sec. 7. NRS 704.920 is hereby amended to read as follows:

      704.920  1.  The provisions of NRS [704.920] 704.905 to 704.960, inclusive, apply to company towns, utilities and alternative sellers which provide utility services to company towns, and persons who own and operate company towns.

      2.  The Commission shall require a public utility or an alternative seller, as appropriate, which provides utility services to a manufactured home park, mobile home park or to a company town, or an independent person who is qualified, to conduct examinations to examine and test the lines and equipment for distributing electricity and gas within the park or town at the request of the Manufactured Housing Division of the Department of Business and Industry or a city or county which has responsibility for the enforcement of the provisions of chapter 118B or 461A of NRS. The utility or alternative seller, the person selected to conduct the examination and the Commission may enter a manufactured home park, mobile home park or company town at reasonable times to examine and test the lines and equipment, whether or not they are owned by a utility or an alternative seller.

      3.  The utility or alternative seller, as appropriate, or the person selected to conduct the examination, shall conduct the examination and testing to determine whether any line or equipment is unsafe for service under the safety standards adopted by the Commission for the maintenance, use and operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the Commission.

 


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ê2015 Statutes of Nevada, Page 229 (Chapter 51, AB 74)ê

 

operation of lines and equipment for distributing electricity and gas, and shall report the results of the examination and testing to the Commission.

      4.  The owner of the manufactured home park, mobile home park or company town shall pay for the costs of the examination and testing.

      5.  If the landlord of a manufactured home park or mobile home park or owner of a company town refuses to allow the examination and testing to be made as provided in this section, the Commission shall deem the unexamined lines and equipment to be unsafe for service.

      6.  If the Commission finds:

      (a) Or deems any lines or equipment within a manufactured home park, mobile home park or company town to be unsafe for service, it shall take appropriate action to protect the safety of the residents of the park or town.

      (b) Such lines or equipment to be unsafe for service or otherwise not in compliance with its safety standards, it may, after a hearing, order the landlord or owner to repair or replace such lines and equipment. For this purpose, the landlord or owner may expend some or all of the money in the landlord’s or owner’s account for service charges for utilities, which the landlord or owner is required to keep under NRS 704.940.

      Sec. 8. NRS 704.930 is hereby amended to read as follows:

      704.930  If a utility or an alternative seller provides a utility service to a manufactured home park, mobile home park or company town and the landlord of the park or owner of the company town charges the tenants or the occupants of such dwellings for that service, the landlord or owner shall:

      1.  Provide that service to the tenants or the occupants of such dwellings in a manner which is consistent with the utility’s tariffs on file with the Commission, if applicable, and any law, ordinance or governmental regulation relating to the provision of that service. The landlord or owner of the town shall not interrupt such a service for nonpayment of charges unless the interruption is performed in a manner which is consistent with the utility’s tariffs on file with the Commission, if applicable, and any law, ordinance or governmental regulation relating to the manner of interrupting such a service for nonpayment of charges.

      2.  Not more than 5 days after the landlord or owner of the town receives notice of a proposed increase in the rates of the utility service, give notice to the tenants or those occupants of the proposed increase.

      Sec. 9. NRS 704.940 is hereby amended to read as follows:

      704.940  1.  In a manufactured home park, mobile home park or company town where the landlord or owner is billed by a gas or electric utility or an alternative seller and in turn charges the tenants or occupants of the dwellings for the service provided by the utility or alternative seller, and the park or town:

      (a) Is equipped with individual meters for each lot, the landlord or owner shall not charge a tenant or occupant for that service at a rate higher than the rate paid by the landlord or owner.

      (b) Is not equipped with individual meters for each lot, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.

      2.  In a manufactured home park, mobile home park or company town that:

 


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ê2015 Statutes of Nevada, Page 230 (Chapter 51, AB 74)ê

 

      (a) Is equipped with individual water meters for each lot, the individual meters must be read and billed by the purveyor of the water.

      (b) Is not equipped with individual water meters for each lot and the landlord or owner is billed by the purveyor of the water and in turn charges the tenants or occupants of the dwellings for the service provided by the purveyor, the landlord or owner shall prorate the cost of the service equally among the tenants of the park or occupants of the dwellings who use the service, but the prorated charges must not exceed in the aggregate the cost of the service to the landlord or owner.

Ê The landlord or owner of a manufactured home park or mobile home park that converts from a master-metered water system to individual water meters for each mobile home lot shall not charge or receive any fee, surcharge or rent increase to recover from the landlord’s or owner’s tenants the costs of the conversion. The owner of a company town that is not equipped with individual water meters shall not convert from the master-metered water system to individual water meters.

      3.  To the extent that the cost of providing a utility service to the common area of a manufactured home park, mobile home park or company town can be identified, the landlord or owner may not recover the cost of the utility service provided to the common area by directly charging a tenant or the occupant of a dwelling for those services.

      4.  The landlord of a manufactured home park or mobile home park or owner of a company town may assess and collect a charge to reimburse the landlord or owner for the actual cost of the service charge the landlord or owner is required to pay to a water utility serving the park or town. If the landlord or owner collects such a charge, the landlord or owner shall prorate the actual cost of the service charge to the tenants or occupants of dwellings who use the service. The landlord or owner shall not collect more than the aggregate cost of the service to the landlord or owner.

      5.  The landlord may assess and collect a service charge from the tenants of the park for the provision of gas and electric utility services, but the amount of the charge must not be more than the tenants would be required to pay the utility or alternative seller providing the service. The landlord shall:

      (a) Keep the money from the service charges in a separate account and expend it only for federal income taxes which must be paid as a result of the collection of the service charge, for preventive maintenance or for repairing or replacing utility lines or equipment when ordered or granted permission to do so by the Commission; and

      (b) Retain for at least 3 years a complete record of all deposits and withdrawals of money from the account and file the record with the Commission on or before March 30 of each year.

      6.  Money collected by the landlord or owner for service provided by a utility or an alternative seller to the tenants of a manufactured home park or mobile home park or occupants of the dwellings may not be used to maintain, repair or replace utility lines or equipment serving the common area of the manufactured home park, mobile home park or company town.

      7.  The owner of a company town who provides a utility service directly to the occupants of the town may charge the occupants their pro rata share of the owner’s cost of providing that service. Where meters are available, the pro rata share must be based on meter readings. Where meters are not available, the owner shall determine a fair allocation which must be explained in detail to the Commission in the reports required by NRS 704.960.

 


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ê2015 Statutes of Nevada, Page 231 (Chapter 51, AB 74)ê

 

explained in detail to the Commission in the reports required by NRS 704.960. The Commission may modify the allocation in accordance with its regulations if it determines the owner’s method not to be fair. The Commission shall adopt regulations governing the determination of the costs which an owner of a company town may recover for providing a utility service directly to the occupants of that town and the terms and conditions governing the provision of that service.

      8.  The landlord or owner shall itemize all charges for utility services on all bills for rent or occupancy. The landlord or owner may pass through to the tenant or occupant any increase in a rate for a utility service and shall pass through any decrease in a charge for a utility service as it becomes effective.

      9.  The landlord or owner shall retain for at least 3 years a copy of all billings for utility services made to the tenants or the occupants of the landlord’s or owner’s dwellings and shall make these records available upon request to the Commission for verification of charges made for utility services.

      10.  A landlord whose interest in a manufactured home park or mobile home park terminates for any reason shall transfer to the landlord’s successor in interest any balance remaining in the account for service charges for utilities. Evidence of the transfer must be filed with the Commission.

      11.  The Commission may at any time examine all books and records which relate to the landlord’s or owner’s purchase of or billing for a service provided by a utility or an alternative seller if the landlord or owner is charging the tenants of the manufactured home park or mobile home park or occupants of the dwellings for that service.

      Sec. 10. NRS 704.950 is hereby amended to read as follows:

      704.950  1.  The tenant of a lot in a manufactured home park or mobile home park or occupant of a dwelling in a company town who believes that the landlord or owner has violated the provisions of NRS 704.930, 704.940 or 704.960 may complain to the Division of Consumer Complaint Resolution of the Commission. The Division shall receive and promptly investigate the complaint. If the Division is unable to resolve the complaint, the Division shall transmit the complaint and its recommendation to the Commission.

      2.  The Commission shall investigate, give notice and hold a hearing upon the complaint, applying to the extent practicable the procedures provided for complaints against public utilities in chapter 703 of NRS.

      3.  If the Commission finds that the landlord of the manufactured home park or mobile home park or owner of the company town has violated the provisions of NRS 704.930, 704.940 or 704.960, it shall order the landlord or owner to cease and desist from any further violation. If the violation involves an overcharge for a service, the Commission shall determine the amount of the overcharge and order the landlord or owner to return that amount to the tenant or occupant within a specified time.

      4.  If the landlord or owner fails or refuses to comply with its order, the Commission may compel compliance by any appropriate civil remedy available to it under this chapter. For the purposes of compelling compliance by the landlord or owner, the Commission may use such methods as are available for the Commission to compel the compliance of a public utility.

 


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ê2015 Statutes of Nevada, Page 232 (Chapter 51, AB 74)ê

 

      Sec. 11. NRS 704.960 is hereby amended to read as follows:

      704.960  Each landlord of a manufactured home park or mobile home park or owner of a company town who is billed by a utility or an alternative seller and in turn charges the tenants or occupants of the dwellings for the service provided by the utility or alternative seller shall submit an annual report to the Commission. The report must contain detailed information on the collections and expenditures of the landlord’s or owner’s account for service charges for utilities, information necessary to determine compliance with NRS 704.940, details of any changes in ownership during the period covered by the report and such other information as the Commission deems necessary to determine whether the landlord or owner has complied with the provisions of this chapter which apply to manufactured home parks, mobile home parks and company towns. The Commission shall by regulation provide for the annual filing of the reports.

      Sec. 12.  This act becomes effective:

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

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 52, AB 14

Assembly Bill No. 14–Committee on Government Affairs

 

CHAPTER 52

 

[Approved: May 12, 2015]

 

AN ACT relating to state financial administration; revising the process for designating certain debts owed to the Division of Industrial Relations of the Department of Business and Industry and to the State Gaming Control Board as bad debts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Controller to request that the State Board of Examiners designate as a bad debt a debt owed to the State that has become impossible or impractical to collect. If the State Board of Examiners concurs, by affirmative majority vote, that the debt is impossible or impractical to collect, it may designate the debt as a bad debt and the State Controller may remove the debt from the books of account of the State. (NRS 353C.220) Under existing law, the Division of Industrial Relations of the Department of Business and Industry and the Nevada Gaming Commission, on behalf of the State Gaming Control Board, may remove bad debts from its records without action of the State Board of Examiners. (NRS 232.550, 463.120) This bill transfers to the State Board of Examiners the authority to designate debts of the Division and the State Gaming Control Board as bad debts and to cause the removal of those debts from the books of account of the State.

 


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ê2015 Statutes of Nevada, Page 233 (Chapter 52, AB 14)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 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before January 15 of each year, the Administrator shall prepare and furnish to the Council a report that shows all debts owed to the Division that became or remained delinquent during the preceding year. The Administrator shall include in the report the amount of any delinquent debt that the Division determines is impossible or impractical to collect.

      2.  For any amount of debt the Division determines is impossible or impractical to collect, the Council shall request the State Board of Examiners designate such amount as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. If the amount of the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. The Council may appeal to the State Board of Examiners a denial by the Clerk of a request to designate a debt as a bad debt.

      3.  Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

      4.  The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

      Sec. 2. NRS 232.550 is hereby amended to read as follows:

      232.550  As used in NRS 232.550 to 232.700, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Director” means the Director of the Department of Business and Industry.

      3.  “Division” means the Division of Industrial Relations of the Department of Business and Industry.

      4.  “Insurer” includes:

      (a) A self-insured employer;

      (b) An association of self-insured public employers;

      (c) An association of self-insured private employers; and

      (d) A private carrier.

 


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ê2015 Statutes of Nevada, Page 234 (Chapter 52, AB 14)ê

 

      Sec. 3. NRS 232.600 is hereby amended to read as follows:

      232.600  1.  The Council shall act in an advisory capacity to the Administrator and may, on its own initiative or at the request of the Administrator, conduct studies or investigations concerning the organization and administration of the Division and make recommendations to the Administrator based on the results of such studies or investigations.

      2.  The Council shall review on a quarterly basis the records of oral complaints compiled by the Division pursuant to NRS 618.336. Upon completing its review, the Council shall submit any comments or recommendations regarding the complaints or the records to the Administrator.

      [3.  The Council, by the affirmative vote of a majority of its members, may remove from the records of the Division the name of a debtor and the amount of any debt owed by the debtor, if 3 years have elapsed since the debt was incurred and the Council determines that the debt remains impossible or impractical to collect. The Division shall establish a master file containing the information removed from its official records pursuant to this subsection.]

      Sec. 4. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On or before January 15 of each year, the Board shall prepare and furnish to the Commission a report that shows all debts owed to the Board that became or remained delinquent during the preceding year. The Board shall include in the report the amount of any delinquent debt that the Board determines is impossible or impractical to collect.

      2.  For any amount of debt the State Gaming Control Board determines is impossible or impractical to collect, the State Gaming Control Board shall request that the State Board of Examiners designate such amount as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the State Board of Examiners, may designate the debt as bad debt if the State Board of Examiners is satisfied that the collection of the debt is impossible or impractical. If the amount of the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. The State Gaming Control Board may appeal to the State Board of Examiners a denial by the Clerk of a request to designate a debt as a bad debt.

      3.  Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.

      4.  The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.

 


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ê2015 Statutes of Nevada, Page 235 (Chapter 52, AB 14)ê

 

      Sec. 5. NRS 463.120 is hereby amended to read as follows:

      463.120  1.  The Board and the Commission shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board and the Commission. These records are open to public inspection.

      2.  The Board shall maintain a file of all applications for licenses under this chapter and chapter 466 of NRS, together with a record of all action taken with respect to those applications. The file and record are open to public inspection.

      3.  The Board and the Commission may maintain such other files and records as they may deem desirable.

      4.  Except as otherwise provided in this section, all information and data:

      (a) Required by the Board or Commission to be furnished to it under chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any applicant or licensee;

      (b) Pertaining to an applicant’s or natural person’s criminal record, antecedents and background which have been furnished to or obtained by the Board or Commission from any source;

      (c) Provided to the members, agents or employees of the Board or Commission by a governmental agency or an informer or on the assurance that the information will be held in confidence and treated as confidential;

      (d) Obtained by the Board from a manufacturer, distributor or operator, or from an operator of an inter-casino linked system, relating to the manufacturing of gaming devices or the operation of an inter-casino linked system; or

      (e) Prepared or obtained by an agent or employee of the Board or Commission pursuant to an audit, investigation, determination or hearing,

Ê are confidential and may be revealed in whole or in part only in the course of the necessary administration of this chapter or upon the lawful order of a court of competent jurisdiction. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information may not be otherwise revealed without specific authorization by the Board or Commission.

      5.  Notwithstanding any other provision of state law, any and all information and data prepared or obtained by an agent or employee of the Board or Commission relating to an application for a license, a finding of suitability or any approval that is required pursuant to the provisions of chapters 462 to 466, inclusive, of NRS or any regulations adopted pursuant thereto, are confidential and absolutely privileged and may be revealed in whole or in part only in the course of the necessary administration of such provisions and with specific authorization and waiver of the privilege by the Board or Commission. The Board and Commission may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.

      6.  Before the beginning of each legislative session, the Board shall submit to the Legislative Commission for its review and for the use of the Legislature a report on the gross revenue, net revenue and average depreciation of all licensees, categorized by class of licensee and geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

 


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ê2015 Statutes of Nevada, Page 236 (Chapter 52, AB 14)ê

 

geographical area and the assessed valuation of the property of all licensees, by category, as listed on the assessment rolls.

      7.  Notice of the content of any information or data furnished or released pursuant to subsection 4 may be given to any applicant or licensee in a manner prescribed by regulations adopted by the Commission.

      8.  The files, records and reports of the Board are open at all times to inspection by the Commission and its authorized agents.

      9.  All files, records, reports and other information pertaining to gaming matters in the possession of the Nevada Tax Commission must be made available to the Board and the Nevada Gaming Commission as is necessary to the administration of this chapter.

      [10.  The Nevada Gaming Commission, by the affirmative vote of a majority of its members, may remove from its records the name of a debtor and the amount of tax, penalty and interest, or any of them, owed by the debtor, if after 5 years it remains impossible or impracticable to collect such amounts. The Commission shall establish a master file containing the information removed from its official records by this section.]

________

CHAPTER 53, SB 449

Senate Bill No. 449–Committee on Judiciary

 

CHAPTER 53

 

[Approved: May 12, 2015]

 

AN ACT relating to the criminal justice system; revising the membership of the Advisory Commission on the Administration of Justice; requiring the Advisory Commission to appoint a subcommittee to conduct an interim study concerning parole; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Advisory Commission on the Administration of Justice and directs the Advisory Commission, among other duties, to identify and study the elements of this State’s system of criminal justice. (NRS 176.0123, 176.0125) Section 1 of this bill revises the membership of the Advisory Commission to include a municipal judge or justice of the peace appointed by the governing body of the Nevada Judges of Limited Jurisdiction. Section 2 of this bill requires the Advisory Commission to appoint a subcommittee to conduct an interim study concerning parole.

 

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 176.0123 is hereby amended to read as follows:

      176.0123  1.  The Advisory Commission on the Administration of Justice is hereby created. The Commission consists of:

      (a) One member who is a municipal judge or justice of the peace, appointed by the governing body of the Nevada Judges of Limited Jurisdiction;

 


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ê2015 Statutes of Nevada, Page 237 (Chapter 53, SB 449)ê

 

      (b) One member who is a district judge, appointed by the governing body of the Nevada District Judges Association;

      [(b)](c) One member who is a justice of the Supreme Court of Nevada or a retired justice of the Supreme Court of Nevada, appointed by the Chief Justice of the Supreme Court of Nevada;

      [(c)](d) One member who is a district attorney, appointed by the governing body of the Nevada District Attorneys Association;

      [(d)](e) One member who is an attorney in private practice, experienced in defending criminal actions, appointed by the governing body of the State Bar of Nevada;

      [(e)](f) One member who is a public defender, appointed by the governing body of the State Bar of Nevada;

      [(f)](g) One member who is a representative of a law enforcement agency, appointed by the Governor;

      [(g)](h) One member who is a representative of the Division of Parole and Probation of the Department of Public Safety, appointed by the Governor;

      [(h)](i) One member who has been a victim of a crime or is a representative of an organization supporting the rights of victims of crime, appointed by the Governor;

      [(i)](j) One member who is a representative of an organization that advocates on behalf of inmates, appointed by the Governor;

      [(j)](k) One member who is a representative of the Nevada Sheriffs’ and Chiefs’ Association, appointed by the Nevada Sheriffs’ and Chiefs’ Association;

      [(k)](l) One member who is a member of the State Board of Parole Commissioners, appointed by the State Board of Parole Commissioners;

      [(l)](m) The Director of the Department of Corrections;

      [(m)](n) Two members who are Senators, one of whom is appointed by the Majority Leader of the Senate and one of whom is appointed by the Minority Leader of the Senate; and

      [(n)](o) Two members who are members of the Assembly, one of whom is appointed by the Speaker of the Assembly and one of whom is appointed by the Minority Leader of the Assembly.

Ê If any association listed in this subsection ceases to exist, the appointment required by this subsection must be made by the association’s successor in interest or, if there is no successor in interest, by the Governor.

      2.  The Attorney General is an ex officio voting member of the Commission.

      3.  Each appointed member serves a term of 2 years. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments. Any vacancy occurring in the membership of the Commission must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      4.  The Legislators who are members of the Commission are entitled to receive the salary provided for a majority of the members of the Legislature during the first 60 days of the preceding session for each day’s attendance at a meeting of the Commission.

      5.  At the first regular meeting of each odd-numbered year, the members of the Commission shall elect a Chair by majority vote who shall serve until the next Chair is elected.

 


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ê2015 Statutes of Nevada, Page 238 (Chapter 53, SB 449)ê

 

      6.  The Commission shall meet at least once every 3 months and may meet at such further times as deemed necessary by the Chair.

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

      8.  While engaged in the business of the Commission, to the extent of legislative appropriation, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      9.  To the extent of legislative appropriation, the Director of the Legislative Counsel Bureau shall provide the Commission with such staff as is necessary to carry out the duties of the Commission.

      Sec. 2.  1.  The Advisory Commission on the Administration of Justice created by NRS 176.0123 shall appoint a subcommittee to conduct an interim study concerning parole, and make a report thereof.

      2.  The study and report must include, without limitation:

      (a) An evaluation of:

             (1) The federal Sentencing Reform Act of 1984 which established determinate sentencing and abolished parole;

             (2) The parole systems of this State and other states and territories of the United States;

             (3) The states that replaced discretionary parole systems with mandatory parole systems; and

             (4) Any other matter that the Advisory Commission determines is relevant to the discussion.

      (b) Recommendations regarding, without limitation, necessary statutory changes to the current parole system.

      3.  The subcommittee shall submit a report of the results of the study and any recommendations for legislation to the full Advisory Commission not later than September 1, 2016.

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

________

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 239ê

 

CHAPTER 54, AB 27

Assembly Bill No. 27–Committee on Education

 

CHAPTER 54

 

[Approved: May 13, 2015]

 

AN ACT relating to education; revising provisions governing the licensure of certain teachers who are not citizens or lawful permanent residents of the United States; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Upon request of a school district, existing law authorizes the Superintendent of Public Instruction to issue a license to teach to a person who is not a citizen or lawful permanent resident of the United States but who is otherwise entitled to work in the United States pursuant to federal laws and regulations if: (1) the school district has demonstrated to the satisfaction of the Superintendent that a shortage of teachers exists in the subject area for which the person is qualified; (2) the person is otherwise qualified to teach in the subject area for which there is a shortage of teachers; and (3) the school district agrees to employ the person to teach in the subject area for which there is a shortage of teachers. (NRS 391.060) This bill removes the requirement that a school district demonstrate that a shortage of teachers exists in a particular subject area as a condition to licensure and instead allows such a person to be licensed to teach if: (1) the school district can demonstrate that any shortage of teachers exists or that the school district has not been able to employ a person possessing the skills, experience or abilities of the person to be licensed and such skills, experience or abilities are needed to address an area of concern for the school district; (2) the person is otherwise qualified to teach; and (3) the school district agrees to employ the person. This bill also authorizes the governing body of a charter school to request the Superintendent to issue a license to such a person and employ such a person in the same circumstances as a school district.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 391.060 is hereby amended to read as follows:

      391.060  1.  Except as otherwise provided in this section and NRS 391.070, it is unlawful for:

      (a) The Superintendent of Public Instruction to issue a license to, or a board of trustees of a school district or a governing body of a charter school to employ, any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

      (b) The State Controller or any county auditor to issue any warrant to any teacher, instructor, principal or superintendent of schools who is not a citizen of the United States or a person who has filed a valid declaration to become a citizen or valid petition for naturalization, or who is not a lawful permanent resident of the United States.

      2.  Upon the request of a school district [,] or the governing body of the charter school, as applicable, the Superintendent of Public Instruction may issue a license to a person who does not meet the requirements of subsection 1 but is otherwise entitled to work in the United States pursuant to federal laws and regulations if:

 


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ê2015 Statutes of Nevada, Page 240 (Chapter 54, AB 27)ê

 

      (a) The school district or the governing body of the charter school, as applicable, has demonstrated to the satisfaction of the Superintendent of Public Instruction that [a] :

             (1) A shortage of teachers exists [in the subject area for which the person is qualified;] ; or

             (2) The school district or governing body of the charter school, as applicable, has not been able to employ a person possessing the skills, experience or abilities of the person to be licensed and such skills, experience or abilities are needed to address an area of concern for the school district or charter school;

      (b) The person is otherwise qualified to teach , [in the subject area for which there is a shortage of teachers,] except that the person does not meet the requirements of subsection 1; and

      (c) The school district or governing body of the charter school, as applicable, agrees to employ the person . [to teach in the subject area for which there is a shortage of teachers.]

      3.  If the employment of a person to whom a license is issued pursuant to subsection 2 is terminated, the school district or governing body of the charter school, as applicable, must notify the Superintendent of Public Instruction within 5 business days.

      4.  A license issued by the Superintendent of Public Instruction pursuant to subsection 2:

      (a) Automatically expires on the date that the licensee is no longer entitled to work in the United States pursuant to federal laws and regulations; and

      (b) Authorizes the person who holds the license to teach only in the:

             (1) School district or charter school that submitted the request for the issuance of the license to that person; and

             (2) Subject area for which the person is qualified.

      [4.] 5.  Upon compliance with all applicable federal laws and regulations, the board of trustees of a school district or the governing body of a charter school may employ a person who does not meet the requirements of subsection 1 if the person holds a license issued by the Superintendent of Public Instruction pursuant to subsection 2. A teacher’s employment with a school district or the governing body of a charter school, as applicable, pursuant to this subsection automatically expires on the date that he or she is no longer entitled to work in the United States pursuant to federal laws and regulations.

      [5.] 6.  The State Controller or a county auditor may issue a warrant to a teacher who is employed pursuant to subsection [4.] 5.

      [6.] 7.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

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

________

 


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ê2015 Statutes of Nevada, Page 241ê

 

CHAPTER 55, AB 179

Assembly Bill No. 179–Assemblymen Flores, Carrillo, Diaz, Elliot Anderson; Araujo, Armstrong, Benitez-Thompson, Bustamante Adams, Carlton, Dickman, Dooling, Ellison, Gardner, Joiner, Jones, Kirkpatrick, Moore, Munford, Nelson, Ohrenschall, O’Neill, Seaman, Shelton, Silberkraus, Spiegel, Sprinkle, Swank, Thompson and Trowbridge

Joint Sponsors: Senators Denis, Kihuen, Spearman; and Manendo

 

CHAPTER 55

 

[Approved: May 13, 2015]

 

AN ACT relating to the security of personal information; expanding the definition of “personal information”; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the types of information that constitute “personal information” for the purpose of requiring business entities who collect such information to provide certain security measures to ensure the protection of the information. (Chapter 603A of NRS) This bill expands the definition of “personal information” to include such items of information as electronic mail addresses and passwords, driver’s authorization card numbers, medical and health insurance identification numbers and other similar information.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-7. (Deleted by amendment.)

      Sec. 8. NRS 603A.040 is hereby amended to read as follows:

      603A.040  1.  “Personal information” means a natural person’s first name or first initial and last name in combination with any one or more of the following data elements, when the name and data elements are not encrypted:

      [1.] (a) Social security number.

      [2.] (b) Driver’s license number , driver authorization card number or identification card number.

      [3.] (c) Account number, credit card number or debit card number, in combination with any required security code, access code or password that would permit access to the person’s financial account.

[Ê]

      (d) A medical identification number or a health insurance identification number.

      (e) A user name, unique identifier or electronic mail address in combination with a password, access code or security question and answer that would permit access to an online account.

      2.  The term does not include the last four digits of a social security number, the last four digits of a driver’s license number , [or] the last four digits of a driver authorization card number or the last four digits of an identification card number or publicly available information that is lawfully made available to the general public [.] from federal, state or local governmental records.

 


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ê2015 Statutes of Nevada, Page 242 (Chapter 55, AB 179)ê

 

      Sec. 8.5.  Notwithstanding the provisions of section 9 of this act, a data collector, as that term is defined in NRS 603A.030, or a business is not required to comply with the amendatory provisions of this act until July 1, 2016.

      Sec. 9.  This act becomes effective on July 1, 2015.

________

CHAPTER 56, SB 200

Senate Bill No. 200–Senators Hammond and Denis

 

Joint Sponsors: Assemblymen Armstrong and Woodbury

 

CHAPTER 56

 

[Approved: May 13, 2015]

 

AN ACT relating to education; revising provisions relating to the enrollment of pupils in charter schools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the formation and operation of charter schools. (NRS 386.490-386.610) Before enrolling children who are otherwise eligible for enrollment, existing law authorizes a charter school to enroll a child if he or she is the child of: (1) an employee of the charter school; (2) a member of the committee to form the charter school; or (3) a member of the governing body of the charter school. (NRS 386.580) This bill authorizes a charter school to give the same preference in enrollment provided to such children to a child of a person who resides on or is employed on a federal military installation if the charter school is located on such property.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 386.580 is hereby amended to read as follows:

      386.580  1.  An application for enrollment in a charter school may be submitted to the governing body of the charter school by the parent or legal guardian of any child who resides in this State. Except as otherwise provided in this subsection and subsection 2, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district. Except as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

 


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ê2015 Statutes of Nevada, Page 243 (Chapter 56, SB 200)ê

 

as otherwise provided in subsection 2, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      2.  Before a charter school enrolls pupils who are eligible for enrollment, a charter school may enroll a child who:

      (a) Is a sibling of a pupil who is currently enrolled in the charter school;

      (b) Was enrolled, free of charge and on the basis of a lottery system, in a prekindergarten program at the charter school or any other early childhood educational program affiliated with the charter school;

      (c) Is a child of a person : [who is:]

             (1) [Employed] Who is employed by the charter school;

             (2) [A] Who is a member of the committee to form the charter school; [or]

             (3) [A] Who is a member of the governing body of the charter school; or

             (4) Who resides on or is employed on the federal military installation, if the charter school is located on a federal military installation;

      (d) Is in a particular category of at-risk pupils and the child meets the eligibility for enrollment prescribed by the charter school for that particular category; or

      (e) Resides within the school district and within 2 miles of the charter school if the charter school is located in an area that the sponsor of the charter school determines includes a high percentage of children who are at risk. If space is available after the charter school enrolls pupils pursuant to this paragraph, the charter school may enroll children who reside outside the school district but within 2 miles of the charter school if the charter school is located within an area that the sponsor determines includes a high percentage of children who are at risk.

Ê If more pupils described in this subsection who are eligible apply for enrollment than the number of spaces available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      3.  Except as otherwise provided in subsection 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

      (c) Religion;

      (d) Ethnicity; or

      (e) Disability,

Ê of a pupil.

      4.  If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the county in which the pupil resides transfer that pupil to an appropriate school.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a child who is enrolled in a public school of a school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the charter school if:

 


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ê2015 Statutes of Nevada, Page 244 (Chapter 56, SB 200)ê

 

school district or a private school, or a parent or legal guardian of a homeschooled child, the governing body of the charter school shall authorize the child to participate in a class that is not otherwise available to the child at his or her school or homeschool or participate in an extracurricular activity at the charter school if:

      (a) Space for the child in the class or extracurricular activity is available;

      (b) The parent or legal guardian demonstrates to the satisfaction of the governing body that the child is qualified to participate in the class or extracurricular activity; and

      (c) The child is a homeschooled child and a notice of intent of a homeschooled child to participate in programs and activities is filed for the child with the school district in which the child resides for the current school year pursuant to NRS 392.705.

Ê If the governing body of a charter school authorizes a child to participate in a class or extracurricular activity pursuant to this subsection, the governing body is not required to provide transportation for the child to attend the class or activity. A charter school shall not authorize such a child to participate in a class or activity through a program of distance education provided by the charter school pursuant to NRS 388.820 to 388.874, inclusive.

      6.  The governing body of a charter school may revoke its approval for a child to participate in a class or extracurricular activity at a charter school pursuant to subsection 5 if the governing body determines that the child has failed to comply with applicable statutes, or applicable rules and regulations. If the governing body so revokes its approval, neither the governing body nor the charter school is liable for any damages relating to the denial of services to the child.

      7.  The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection 5, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

      8.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

      (c) Who are at risk.

Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 245ê

 

CHAPTER 57, AB 180

Assembly Bill No. 180–Assemblymen Armstrong, Edwards, Kirner, Hambrick, O’Neill; Elliot Anderson, Paul Anderson, Bustamante Adams, Diaz, Dickman, Dooling, Ellison, Fiore, Flores, Gardner, Hickey, Jones, Kirkpatrick, Moore, Munford, Nelson, Ohrenschall, Oscarson, Seaman, Silberkraus, Stewart, Titus, Trowbridge, Wheeler and Woodbury

 

Joint Sponsor: Senator Harris

 

CHAPTER 57

 

[Approved: May 13, 2015]

 

AN ACT relating to the Public Employees’ Retirement System; revising provisions governing the biennial audit of the System; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Current law provides that the Public Employees’ Retirement Board must retain an independent certified public accountant to perform an audit of the Public Employees’ Retirement System every 2 years. (NRS 286.190) This bill requires the Board to select the person who will perform the audit using an open bid or request for proposal process conducted not less than once every 4 years. This bill also restricts the Board from selecting the same person to perform the audit in two consecutive cycles of selection.

 

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 286.190 is hereby amended to read as follows:

      286.190  The Board:

      1.  Has the powers and privileges of a body corporate and, subject to the limitations of this chapter, is responsible for managing the System.

      2.  Shall:

      (a) Arrange for a biennial actuarial valuation and report of the actuarial soundness of the System to be prepared by an independent actuary based upon data compiled and supplied by employees of the System, and shall adopt actuarial tables and formulas prepared and recommended by the actuary.

      (b) Provide for a biennial audit of the System, including the Administrative Fund, by an independent certified public accountant. The independent certified public accountant performing the audit of the System must be selected by a process for open bidding or requests for proposals that is conducted not less than once every 4 years. The Board shall not consider any bid or proposal submitted by a person who was selected to provide the audit of the System in the immediately preceding cycle of selection.

      (c) Provide an annual report to the Governor, each member of the Legislature, each participating public employer, and each participating employee and employer association, and make the report available to all members upon request. The report must contain, when available, a review of the actuarial valuation required by paragraph (a).

 


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      (d) Post on its website any document that a public employer is required to submit to the System on or after January 1, 2010, relating to the contribution mechanism used by the public employer pursuant to NRS 286.410, 286.421 or 286.450.

      3.  May:

      (a) Adjust the service or correct the records, allowance or benefits of any member, retired employee or beneficiary after an error or inequity has been determined, and require repayment of any money determined to have been paid by the System in error, if the money was paid within 6 years before demand for its repayment.

      (b) Examine and copy personnel and financial records of public employers.

      (c) Receive requests for membership from state, county or municipal entities which are not presently public employers, and determine whether or not any such entity and its employees qualify for membership as provided by this chapter.

      (d) Require an annual notarized statement from a retired employee or beneficiary that the retired employee or beneficiary is in fact receiving an allowance or benefits, and withhold the allowance or benefits if the retired employee or beneficiary fails to provide the statement.

      4.  As used in this section, “error or inequity” means the existence of extenuating circumstances, including, but not limited to, a member’s reasonable and detrimental reliance on representations made by the System or by the public employer pursuant to NRS 286.288 which prove to be erroneous, or the mental incapacity of the member.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 58, SB 196

Senate Bill No. 196–Committee on Health and Human Services

 

CHAPTER 58

 

[Approved: May 13, 2015]

 

AN ACT relating to health care; requiring the Division of Public and Behavioral Health of the Department of Health and Human Services to establish the Stroke Registry; providing for the inclusion of comprehensive stroke centers on the list of stroke centers maintained by the Division; requiring a hospital on the list of stroke centers to report certain data to the Registry; revising provisions governing continuing education requirements for certain providers of health care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 6 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to establish and maintain the Stroke Registry to compile information and statistics concerning the treatment of patients who suffer from strokes. Section 7 of this bill requires the Division to encourage and facilitate the sharing of information and data concerning the treatment of patients who suffer from strokes. Section 8 of this bill requires the Division to: (1) adopt and carry out procedures for using the Registry to improve the quality of care provided to patients who suffer from strokes in this State; and (2) compile an annual report concerning the Registry and, on or before June 1 of each year, post the report on the Division’s Internet website and submit the report to the Governor and the Legislative Committee on Health Care.

 


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concerning the Registry and, on or before June 1 of each year, post the report on the Division’s Internet website and submit the report to the Governor and the Legislative Committee on Health Care.

      Existing law requires any provision that adds or revises a requirement to submit a report to the Legislature to: (1) expire by limitation after 5 years; or (2) contain a statement by the Legislature setting forth the justification for continuing the requirement for more than 5 years. (NRS 218D.380) To comply with this requirement, section 11 of this bill provides for the expiration by limitation after 5 years of the requirement that the Division submit the report concerning the Registry to the Legislative Committee on Health Care.

      Existing law requires the Division to establish a list of hospitals that are certified as primary stroke centers by the Joint Commission. (NRS 449.203) Section 9 of this bill provides for this list to include hospitals that are certified as comprehensive stroke centers by the Joint Commission as well. Section 9 also requires each hospital included on this list to report to the Registry certain data concerning treatment of patients who suffer from strokes.

      Section 10 of this bill authorizes a provider of health care to use credit earned for continuing education relating to Alzheimer’s disease in place of not more than 2 hours each year of the requirements for continuing education, other than any requirements for continuing education relating to ethics. Section 10 also provides an exception for a specific statute or regulation that requires or authorizes a provider of health care to use a greater number of credits earned for continuing education relating to Alzheimer’s disease to satisfy such requirements.

 

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 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Provider of emergency medical services” means each operator of an ambulance or air ambulance and each fire-fighting agency that has a permit to operate pursuant to chapter 450B of NRS and provides transportation to hospitals for persons in need of emergency services and care.

      Sec. 4. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 5. “Registry” means the Stroke Registry established pursuant to section 6 of this act.

      Sec. 6. 1.  The Division shall:

      (a) Establish and maintain the Stroke Registry to compile information and statistics concerning the treatment of patients who suffer from strokes. The information and statistics must align with the consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association. The Division may request the input, advice and assistance of the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease established pursuant to NRS 439.518 concerning the establishment and maintenance of the Registry.

 


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      (b) Use, as the data platform for the Registry, the Get With The Guidelines-Stroke data management platform established by the American Heart Association and American Stroke Association or a similar data management platform with substantially equivalent security standards for data.

      (c) To the extent practicable to avoid redundancy, coordinate with nonprofit organizations involved in stroke treatment and research concerning the collection and maintenance of data in the Registry.

      (d) Encourage the reporting of data to the Registry by medical facilities, including, without limitation, hospitals certified as acute stroke-ready hospitals by the Joint Commission, providers of health care and providers of emergency medical services that treat patients who suffer from strokes, including, without limitation, those that are not required to submit information to the Registry pursuant to NRS 449.203.

      (e) Using guidelines prescribed by a nationally recognized organization involved in stroke treatment and research, determine which data may be reported to the Registry. Such data must include, without limitation, the consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association.

      (f) Make aggregated data from the Registry available to each medical facility, provider of health care and provider of emergency medical services that treats patients who suffer from strokes in this State.

      2.  The Division may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of sections 2 to 8, inclusive, of this act.

      3.  As used in this section, “data management platform” means a centralized computing system for collecting, integrating and managing data.

      Sec. 7. The Division shall:

      1.  Encourage medical facilities, providers of health care and providers of emergency medical services to share information and data concerning the treatment of patients who suffer from strokes to improve the quality of care for those patients in this State; and

      2.  Facilitate the sharing and analysis of the information and data specified in subsection 1.

      Sec. 8. 1.  The Division shall adopt and carry out procedures for using the Registry. The procedures must include, without limitation:

      (a) Analyzing data in the Registry concerning the response to and treatment of strokes; and

      (b) Identifying potential solutions for improving the treatment of patients who have suffered strokes in particular geographic areas of this State and in this State as a whole.

      2.  The Division shall compile an annual report concerning the operation and use of the Registry and the data collected by the Registry. On or before June 1 of each year, the Division shall post the report on its Internet website, if any, and submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care. The report must include, without limitation:

 


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      (a) Aggregated data from the Registry; and

      (b) Any recommendations for legislation designed to improve the quality of care provided to patients who suffer from strokes in this State.

      Sec. 9. NRS 449.203 is hereby amended to read as follows:

      449.203  1.  A hospital licensed pursuant to NRS 449.030 to 449.2428, inclusive, may submit to the Division proof that the hospital is certified as a comprehensive or primary stroke center by the Joint Commission, its successor organization or an equivalent organization approved by the Division. Upon receiving proof that a hospital is certified as a comprehensive or primary stroke center, the Division shall include the hospital on the list established pursuant to subsection 2.

      2.  On or before July 1 of each year, the Division shall post a list of the hospitals designated as comprehensive or primary stroke centers on an Internet website maintained by the Division.

      3.  If a hospital wishes to be included as a comprehensive or primary stroke center on the list established pursuant to subsection 2, the hospital must annually resubmit the proof required pursuant to this section.

      4.  The Division may remove a hospital from the list established pursuant to subsection 2 if the certificate recognizing the hospital as a comprehensive or primary stroke center issued by the Joint Commission, its successor organization or an equivalent organization, as applicable, is suspended or revoked.

      5.  A hospital that is not included on the list established pursuant to subsection 2 as a comprehensive or primary stroke center shall not represent, advertise or imply that the hospital is designated as a comprehensive or primary stroke center.

      6.  A hospital that is included on the list established pursuant to subsection 2 as a comprehensive or primary stroke center shall report to the Stroke Registry all consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association.

      7.  The provisions of this section do not prohibit a hospital that is licensed pursuant to NRS 449.030 to 449.2428, inclusive, from providing care to a victim of stroke if the hospital does not have a designation as a comprehensive or primary stroke center.

      [7.]8.  The Board may adopt regulations to carry out the provisions of this section and to designate hospitals with similar certifications which are recognized by the Joint Commission, its successor organization or an equivalent organization.

      9.  As used in this section, “Stroke Registry” means the Stroke Registry established pursuant to section 6 of this act.

      Sec. 10. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      Unless a specific statute or regulation requires or authorizes a greater number of hours, a provider of health care may use credit earned for continuing education relating to Alzheimer’s disease in place of not more than 2 hours each year of the continuing education that the provider of health care is required to complete, other than any continuing education relating to ethics that the provider of health care is required to complete.

 


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      Sec. 11. Section 8 of this act is hereby amended to read as follows:

       Sec. 8.  1.  The Division shall adopt and carry out procedures for using the Registry. The procedures must include, without limitation:

       (a) Analyzing data in the Registry concerning the response to and treatment of strokes; and

       (b) Identifying potential solutions for improving the treatment of patients who have suffered strokes in particular geographic areas of this State and in this State as a whole.

       2.  The Division shall compile an annual report concerning the operation and use of the Registry and the data collected by the Registry. On or before June 1 of each year, the Division shall post the report on its Internet website, if any, and submit the report to the Governor . [and the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Health Care.] The report must include, without limitation:

       (a) Aggregated data from the Registry; and

       (b) Any recommendations for legislation designed to improve the quality of care provided to patients who suffer from strokes in this State.

      Sec. 12.  1.  This section and sections 1 to 10, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of this act; and

      (b) On January 1, 2016, for all other purposes.

      2.  Section 11 of this act becomes effective on January 1, 2021.

________

CHAPTER 59, SB 151

Senate Bill No. 151–Senators Atkinson, Kihuen, Ford; and Settelmeyer

 

Joint Sponsors: Assemblymen Kirkpatrick, Sprinkle; and Carlton

 

CHAPTER 59

 

[Approved: May 13, 2015]

 

AN ACT relating to public utilities; requiring the Public Utilities Commission of Nevada to adopt regulations authorizing a public utility which purchases natural gas for resale to expand its infrastructure in a manner consistent with a program of economic development proposed by the public utility and approved by the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires the Public Utilities Commission of Nevada to adopt regulations authorizing a public utility which purchases natural gas for resale to expand the infrastructure of the public utility in a manner consistent with a program of economic development proposed by the public utility and approved by the Commission.

 


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ê2015 Statutes of Nevada, Page 251 (Chapter 59, SB 151)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 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Commission shall adopt regulations authorizing a public utility which purchases natural gas for resale to expand the infrastructure of the public utility in a manner consistent with a program of economic development, including, without limitation:

      (a) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for approval of an activity relating to the expansion of the infrastructure of the public utility in a manner consistent with a program of economic development; and

      (b) Procedures for a public utility which purchases natural gas for resale to apply to the Commission for the recovery of costs associated with an activity approved by the Commission pursuant to paragraph (a).

      2.  The regulations adopted pursuant to subsection 1 must ensure the timely recovery by the public utility which purchases natural gas for resale of all prudent and reasonable costs associated with the expansion of the infrastructure of the public utility in a manner consistent with a program of economic development through the development of alternative cost-recovery methodologies that balance the interests of persons receiving direct benefits and persons receiving indirect benefits from the expansion of the infrastructure of the public utility.

      3.  As used in this section, “program of economic development” means a program to expand the infrastructure of a public utility which purchases natural gas for resale that is proposed by the public utility and approved by the Commission for one or more of the following purposes:

      (a) Providing natural gas service to unserved and underserved areas within this State;

      (b) Accommodating the expansion of existing business customers of the public utility;

      (c) Attracting and retaining residential and business customers of the public utility;

      (d) Attracting to this State new and diverse businesses and industries which use natural gas and which would otherwise locate or expand their business or industry within this State but for the absence of adequate natural gas infrastructure;

      (e) Facilitating the implementation of the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

      (f) Facilitating any policy of the Legislature with respect to economic development in this State.

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

________

 


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ê2015 Statutes of Nevada, Page 252ê

 

CHAPTER 60, SB 469

Senate Bill No. 469–Committee on Finance

 

CHAPTER 60

 

[Approved: May 13, 2015]

 

AN ACT making a supplemental appropriation to the Supreme Court of Nevada for an unanticipated shortfall in revenue for Fiscal Year 2014-2015 resulting from a deficit in the collection of administrative assessments; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Supreme Court of Nevada the sum of $588,000 for an unanticipated shortfall in revenue for Fiscal Year 2014-2015 resulting from a deficit in the collection of administrative assessments. This appropriation is supplemental to that made in section 11 of chapter 446, Statutes of Nevada 2013, at page 2594.

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

________

CHAPTER 61, AB 103

Assembly Bill No. 103–Assemblyman Oscarson

 

Joint Sponsor: Senator Goicoechea

 

CHAPTER 61

 

[Approved: May 14, 2015]

 

AN ACT relating to motor vehicles; requiring the Department of Motor Vehicles to design, prepare and issue special license plates honoring veterans of the Armed Forces of the United States who have received the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device, as applicable; exempting the special license plates from certain provisions otherwise applicable to special license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1 and 9 of this bill authorize qualified persons to apply for the issuance of license plates specially designed by the Department of Motor Vehicles, in cooperation with interested parties, to honor veterans of the Armed Forces of the United States who have been awarded the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device. Unless the special license plates are lost, stolen or mutilated, in which case a $5 replacement fee applies, no fee in addition to the ordinarily applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of the special license plates. Section 1 also provides that: (1) a veteran who is eligible for such special license plates and who, as a result of his or her service, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability, may have the international symbol of access inscribed on his or her special license plate; and (2) a vehicle on which such plates are displayed is exempt from the payment of parking fees charged by the State or any political subdivision or other public body within the State, but not including parking fees charged by the Federal Government.

 


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ê2015 Statutes of Nevada, Page 253 (Chapter 61, AB 103)ê

 

special license plates and who, as a result of his or her service, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability, may have the international symbol of access inscribed on his or her special license plate; and (2) a vehicle on which such plates are displayed is exempt from the payment of parking fees charged by the State or any political subdivision or other public body within the State, but not including parking fees charged by the Federal Government. Sections 7 and 8 of this bill make conforming changes to the provisions of existing law regarding the applicability of parking laws to vehicles displaying special license plates which bear the international symbol of access. (NRS 484B.463, 484B.467)

      Section 3 of this bill provides that, if the Director of the Department orders a redesign of license plates, the Department is prohibited from issuing redesigned license plates to the holder of a set of plates honoring recipients of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device without the approval of the holder.

      Under existing law, most special license plates: (1) must be approved by the Department, based on a recommendation from the Commission on Special License Plates; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain minimum number of applications for the plates are received. (NRS 482.367004, 482.367008, 482.36705) Sections 4-6 of this bill exempt the special plates honoring recipients of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device from all three of the preceding requirements.

      Finally, under existing law, a new vehicle dealer who is authorized to issue certificates of registration for any new motor vehicle he or she sells is prohibited from accepting an application for the registration of a motor vehicle if the applicant wishes to obtain special license plates. (NRS 482.216) Despite the broad exemptions provided in sections 4-6, section 2 of this bill prohibits a new vehicle dealer from accepting an application for the registration of a motor vehicle if the applicant wishes to obtain the special plates honoring recipients of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device.

 

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

      1.  The Department shall design, prepare and issue license plates honoring veterans of the Armed Forces of the United States who have been awarded, as applicable, the:

      (a) Silver Star; or

      (b) Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with the applicable federal standards and must be white on a blue background.

      3.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant.

 


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plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may only be used on a private passenger vehicle, a noncommercial truck or a motor home.

      4.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Silver Star or the Bronze Star Medal with “V” device, Combat V or Combat Distinguishing Device, as applicable, and evidence of his or her service-connected disability, if applicable, as required by the Department. The Department may designate any appropriate colors for the special plates.

      5.  Except as otherwise provided in this subsection, a vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including, without limitation, those collected through parking meters, charged by the State or any political subdivision or other public body within this State. Such a vehicle is not exempt from parking fees charged by the Federal Government, unless the Federal Government grants such an exemption.

      6.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      7.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special license plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.

      Sec. 2. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

      (c) Comply with the regulations adopted pursuant to subsection 4; and

 


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      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 3. NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates.

      2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378, 482.379 or 482.37901, or section 1 of this act, without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

 


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      6.  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph (f) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for lettering and design that are set forth in this section.

      Sec. 4. NRS 482.367004 is hereby amended to read as follows:

      482.367004  1.  There is hereby created the Commission on Special License Plates. The Commission is advisory to the Department and consists of five Legislators and three nonvoting members as follows:

      (a) Five Legislators appointed by the Legislative Commission:

             (1) One of whom is the Legislator who served as the Chair of the Assembly Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Assembly Standing Committee on Transportation during the most recent legislative session.

             (2) One of whom is the Legislator who served as the Chair of the Senate Standing Committee on Transportation during the most recent legislative session. That Legislator may designate an alternate to serve in place of the Legislator when absent. The alternate must be another Legislator who also served on the Senate Standing Committee on Transportation during the most recent legislative session.

      (b) Three nonvoting members consisting of:

             (1) The Director of the Department of Motor Vehicles, or a designee of the Director.

             (2) The Director of the Department of Public Safety, or a designee of the Director.

             (3) The Director of the Department of Tourism and Cultural Affairs, or a designee of the Director.

      2.  Each member of the Commission appointed pursuant to paragraph (a) of subsection 1 serves a term of 2 years, commencing on July 1 of each odd-numbered year. A vacancy on the Commission must be filled in the same manner as the original appointment.

      3.  Members of the Commission serve without salary or compensation for their travel or per diem expenses.

      4.  The Director of the Legislative Counsel Bureau shall provide administrative support to the Commission.

      5.  The Commission shall recommend to the Department that the Department approve or disapprove:

      (a) Applications for the design, preparation and issuance of special license plates that are submitted to the Department pursuant to subsection 1 of NRS 482.367002;

      (b) The issuance by the Department of special license plates that have been designed and prepared pursuant to NRS 482.367002; and

      (c) Except as otherwise provided in subsection 7, applications for the design, preparation and issuance of special license plates that have been authorized by an act of the Legislature after January 1, 2007.

Ê In determining whether to recommend to the Department the approval of such an application or issuance, the Commission shall consider, without limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate.

 


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limitation, whether it would be appropriate and feasible for the Department to, as applicable, design, prepare or issue the particular special license plate. For the purpose of making recommendations to the Department, the Commission shall consider each application in the chronological order in which the application was received by the Department.

      6.  On or before September 1 of each fiscal year, the Commission shall compile a list of each special license plate for which the Commission, during the immediately preceding fiscal year, recommended to the Department that the Department approve the application for the special license plate or approve the issuance of the special license plate. The list so compiled must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Commission shall transmit the information described in this subsection to the Department and the Department shall make that information available on its Internet website.

      7.  The provisions of paragraph (c) of subsection 5 do not apply with regard to special license plates that are issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      8.  The Commission shall:

      (a) Recommend to the Department that the Department approve or disapprove any proposed change in the distribution of money received in the form of additional fees. As used in this paragraph, “additional fees” means the fees that are charged in connection with the issuance or renewal of a special license plate for the benefit of a particular cause, fund or charitable organization. The term does not include registration and license fees or governmental services taxes.

      (b) If it recommends a proposed change pursuant to paragraph (a) and determines that legislation is required to carry out the change, recommend to the Department that the Department request the assistance of the Legislative Counsel in the preparation of a bill draft to carry out the change.

      Sec. 5. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37905, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938 or 482.37945; and

      (c) Except for a license plate that is issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been recommended by the Commission on Special License Plates to be approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time.

 


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approved by the Department pursuant to subsection 5 of NRS 482.367004, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Commission on Special License Plates must have recommended to the Department that the Department approve the design, preparation and issuance of the special plates as described in paragraphs (a) and (b) of subsection 5 of NRS 482.367004; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

 


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      (b) In the case of special license plates described in subsection 3, less than 3,000,

Ê the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 6. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Commission on Special License Plates recommends to the Department that the Department approve the application for the authorized plate pursuant to NRS 482.367004.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3757, 482.3785, 482.3787 or 482.37901 [.] or section 1 of this act.

      Sec. 7. NRS 484B.463 is hereby amended to read as follows:

      484B.463  1.  Except as otherwise provided in subsection 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to NRS 482.384, or a special plate or plates for a veteran with a disability issued pursuant to NRS 482.377, or section 1 of this act, may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or a person transporting any such person.

      2.  An owner or operator of a motor vehicle displaying a special plate or plates for a veteran with a disability issued pursuant to NRS 482.377 or section 1 of this act may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for persons who are handicapped if:

 


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      (a) The parking is done by a veteran with a disability; or

      (b) A veteran with a disability is a passenger in the motor vehicle being parked.

      3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

      Sec. 8. NRS 484B.467 is hereby amended to read as follows:

      484B.467  1.  Any parking space designated for persons who are handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for persons who are handicapped;

      (b) Stating “Minimum fine of $250 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for persons who are handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

Ê must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $250 for violation” or similar words indicating that the minimum fine for parking in such a space is $250; and

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for persons who are handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless the person is eligible to do so and the vehicle displays:

      (a) A special license plate or plates issued pursuant to NRS 482.384;

      (b) A special or temporary parking placard issued pursuant to NRS 482.384;

      (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

      (d) A special license plate or plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

 


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      (e) A special license plate or plates for a veteran with a disability issued pursuant to NRS 482.377 [.] or section 1 of this act.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for persons who are handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) The person is eligible to do so;

      (b) The vehicle displays the special license plate, plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

Ê A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

Ê whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for persons who are handicapped unless he or she is a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or the driver of a vehicle in which any such person is a passenger.

      9.  A person with a permanent disability, disability of moderate duration or temporary disability to whom a:

      (a) Special license plate, or a special or temporary parking sticker, has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle or motorcycle displaying the special license plate or special or temporary parking sticker in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for persons who are handicapped.

      (b) Special or temporary parking placard has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle which displays the special or temporary parking placard in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle, or is being picked up or dropped off by the driver of the vehicle, at the time that it is parked in the space designated for persons who are handicapped.

      10.  A person who violates any of the provisions of subsections 5 to 9, inclusive, is guilty of a misdemeanor and shall be punished:

      (a) Upon the first offense, by a fine of $250.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

 


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      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

      Sec. 9.  As soon as practicable after July 1, 2015, the Department of Motor Vehicles shall design the special license plates described in section 1 of this act in cooperation with interested parties.

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

________

CHAPTER 62, AB 250

Assembly Bill No. 250–Committee on Transportation

 

CHAPTER 62

 

[Approved: May 14, 2015]

 

AN ACT relating to special license plates; revising provisions relating to disabled veterans who are entitled to special license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of special license plates to veterans of the Armed Forces of the United States who survived the attack on Pearl Harbor, or who were awarded the Purple Heart or the Congressional Medal of Honor. (NRS 482.3765, 482.3775, 482.378) Existing law also authorizes the issuance of special license plates to a veteran who has been captured and held as a prisoner of war or who, as a result of his or her service, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability. Special license plates issued to a veteran with a qualifying disability must be inscribed with the international symbol of access, which is a diagram of a figure that resembles a wheelchair. A vehicle on which such ex prisoner of war or disabled veteran special license plates are displayed is exempt from the payment of parking fees charged by the State or any political subdivision or other public body within the State, other than the United States. (NRS 482.377)

      Sections 1, 3 and 4 of this bill provide that a veteran who is eligible for Pearl Harbor, Purple Heart or Congressional Medal of Honor special license plates and who, as a result of his or her service, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability may have the international symbol of access inscribed on his or her special license plates, and that a vehicle on which such plates are displayed is exempt from the payment of parking fees charged by the State or any political subdivision or other public body within the State, other than the United States. Section 2 of this bill provides that a veteran who is eligible for ex prisoner of war special license plates and who, as a result of his or her service, has suffered a 100-percent service-connected disability and receives compensation from the United States for the disability may have the international symbol of access inscribed on his or her special license plates.

      Sections 5 and 6 of this bill make conforming changes to the provisions of existing law regarding the applicability of parking laws to vehicles displaying special license plates which bear the international symbol of access. (NRS 484B.463, 484B.467) Section 8 of this bill provides that the special license plates will be issued not later than July 1, 2018, and earlier than that date if the Department of Motor Vehicles determines that it has sufficient resources to issue the plates before that time.

 

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.3765 is hereby amended to read as follows:

      482.3765  1.  A veteran of the Armed Forces of the United States who survived the attack on Pearl Harbor on December 7, 1941, is entitled to specially designed license plates inscribed with the words “PEARL HARBOR VETERAN” or “PEARL HARBOR SURVIVOR,” at the option of the veteran, and a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

      3.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      [3.]4.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of their status as a survivor and, if applicable, evidence of disability required by the Department.

      [4.]5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      6.  If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [5.]7.  The fee for a set of special license plates issued pursuant to this section is $25, in addition to all other applicable registration and license fees and governmental services taxes. The annual fee for a renewal sticker for a set of special license plates issued pursuant to this section is $5.

      Sec. 2. NRS 482.377 is hereby amended to read as follows:

      482.377  1.  A veteran of the Armed Forces of the United States who, as a result of his or her service:

      (a) Has suffered a 100-percent service-connected disability and who receives compensation from the United States for the disability is entitled to specially designed license plates that must be inscribed with:

 


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             (1) The words “DISABLED VETERAN,” “DISABLED FEMALE VETERAN” or “VETERAN WHO IS DISABLED,” at the option of the veteran;

             (2) The international symbol of access, which must comply with any applicable federal standards and must be white on a blue background; and

             (3) A number of characters, including numbers and letters, as determined necessary by the Director.

      (b) Has been captured and held prisoner by a military force of a foreign nation is entitled to specially designed license plates inscribed with the words “EX PRISONER OF WAR” and a number of characters, including numbers and letters, as determined necessary by the Director.

      2.  A person who qualifies for special license plates pursuant to paragraph (b) of subsection 1, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

      3.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      [3.]4.  The Department shall issue specially designed license plates for persons qualified pursuant to this section who submit an application on a form prescribed by the Department and evidence of disability , [or] former imprisonment or both, as applicable, required by the Department.

      [4.]5.  A vehicle on which license plates issued by the Department pursuant to this section are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      [5.]6.  If, during a registration year, the holder of a set of special license plates issued pursuant to this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 3. NRS 482.3775 is hereby amended to read as follows:

      482.3775  1.  A veteran of the Armed Forces of the United States who was awarded the Purple Heart is entitled to specially designed license plates which indicate that the veteran is a recipient of the Purple Heart.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

 


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with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

      3.  Each person who qualifies for special license plates pursuant to this section may apply for not more than two sets of plates. If the person applies for a second set of plates for an additional vehicle, the second set of plates must have a different number than the first set of plates issued to the same applicant. Special license plates issued pursuant to this section may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      [3.]4.  The Department shall issue specially designed license plates for any person qualified pursuant to this section who submits an application on a form prescribed by the Department and evidence of his or her status as a recipient of the Purple Heart and, if applicable, evidence of disability as required by the Department. The Department may designate any appropriate colors for the special plates.

      [4.]5.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      6.  If, during a registration year, the holder of a set of special license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [5.]7.  Except as otherwise provided in this subsection, no fee in addition to the applicable registration and license fees and governmental services taxes may be charged for the issuance or renewal of a set of special license plates pursuant to this section. If the special plates issued pursuant to this section are lost, stolen or mutilated, the owner of the vehicle may secure a set of replacement license plates from the Department for a fee of $5.

      Sec. 4. NRS 482.378 is hereby amended to read as follows:

      482.378  1.  An owner of a motor vehicle who is a resident of this State and has been awarded the Congressional Medal of Honor may, upon signed application on a form prescribed and furnished by the Department, be issued license plates which indicate that he or she is a recipient of the Congressional Medal of Honor. The applicant shall comply with the motor vehicle laws of this State, including the provisions of chapter 371 of NRS and the payment of the registration fees required by this chapter, but no fee may be charged under NRS 482.367.

      2.  A person who qualifies for special license plates pursuant to this section, has suffered a 100-percent service-connected disability as a result of his or her service in the Armed Forces of the United States and receives compensation from the United States for the disability is entitled to have his or her special license plates issued pursuant to this section inscribed with the international symbol of access, which must comply with any applicable federal standards and must be white on a blue background.

      3.  Each person who is eligible for special license plates under this section may apply for two sets of plates. The second set of plates for an additional vehicle must have a different number than the first set of plates issued to the same applicant.

 


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issued to the same applicant. The plates may be used only on a private passenger vehicle, a noncommercial truck or a motor home.

      [3.]4.  A vehicle on which license plates issued by the Department pursuant to subsection 2 are displayed is exempt from the payment of any parking fees, including those collected through parking meters, charged by the State or any political subdivision or other public body within the State, other than the United States.

      5.  The Department may adopt regulations governing the issuance of special license plates to recipients of the Congressional Medal of Honor.

      Sec. 5. NRS 484B.463 is hereby amended to read as follows:

      484B.463  1.  Except as otherwise provided in subsection 3, an owner or operator of a motor vehicle displaying a special parking placard, a special parking sticker, a temporary parking placard, a temporary parking sticker or a special plate or plates issued pursuant to NRS 482.384, or a special plate or plates for a veteran with a disability issued pursuant to NRS 482.3765, 482.377, 482.3775 or 482.378 may park the motor vehicle for not more than 4 hours at any one time in a parking zone restricted as to the length of time parking is permitted, without penalty, removal or impoundment of the vehicle if the parking is otherwise consistent with public safety and is done by a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or a person transporting any such person.

      2.  An owner or operator of a motor vehicle displaying a special plate or plates for a veteran with a disability issued pursuant to NRS 482.3765, 482.377 , 482.3775 or 482.378 may, without displaying a special license plate, placard or sticker issued pursuant to NRS 482.384, park in a parking space designated for persons who are handicapped if:

      (a) The parking is done by a veteran with a disability; or

      (b) A veteran with a disability is a passenger in the motor vehicle being parked.

      3.  This section does not authorize the parking of a motor vehicle in any privately or municipally owned facility for parking off the highway without paying the required fee for the time during which the vehicle is so parked.

      Sec. 6. NRS 484B.467 is hereby amended to read as follows:

      484B.467  1.  Any parking space designated for persons who are handicapped must be indicated by a sign:

      (a) Bearing the international symbol of access with or without the words “Parking,” “Handicapped Parking,” “Handicapped Parking Only” or “Reserved for the Handicapped,” or any other word or combination of words indicating that the space is designated for persons who are handicapped;

      (b) Stating “Minimum fine of $250 for use by others” or equivalent words; and

      (c) The bottom of which must be not less than 4 feet above the ground.

      2.  In addition to the requirements of subsection 1, a parking space designated for persons who are handicapped which:

      (a) Is designed for the exclusive use of a vehicle with a side-loading wheelchair lift; and

      (b) Is located in a parking lot with 60 or more parking spaces,

Ê must be indicated by a sign using a combination of words to state that the space is for the exclusive use of a vehicle with a side-loading wheelchair lift.

 


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ê2015 Statutes of Nevada, Page 267 (Chapter 62, AB 250)ê

 

      3.  If a parking space is designed for the use of a vehicle with a side-loading wheelchair lift, the space which is immediately adjacent and intended for use in the loading and unloading of a wheelchair into or out of such a vehicle must be indicated by a sign:

      (a) Stating “No Parking” or similar words which indicate that parking in such a space is prohibited;

      (b) Stating “Minimum fine of $250 for violation” or similar words indicating that the minimum fine for parking in such a space is $250; and

      (c) The bottom of which must not be less than 4 feet above the ground.

      4.  An owner of private property upon which is located a parking space described in subsection 1, 2 or 3 shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable. If a parking space described in subsection 1, 2 or 3 is located on public property, the governmental entity having control over that public property shall erect and maintain or cause to be erected and maintained any sign required pursuant to subsection 1, 2 or 3, whichever is applicable.

      5.  A person shall not park a vehicle in a space designated for persons who are handicapped by a sign that meets the requirements of subsection 1, whether on public or privately owned property, unless the person is eligible to do so and the vehicle displays:

      (a) A special license plate or plates issued pursuant to NRS 482.384;

      (b) A special or temporary parking placard issued pursuant to NRS 482.384;

      (c) A special or temporary parking sticker issued pursuant to NRS 482.384;

      (d) A special license plate or plates, a special or temporary parking sticker, or a special or temporary parking placard displaying the international symbol of access issued by another state or a foreign country; or

      (e) A special license plate or plates for a veteran with a disability issued pursuant to NRS 482.3765, 482.377 [.] , 482.3775 or 482.378.

      6.  Except as otherwise provided in this subsection, a person shall not park a vehicle in a space that is reserved for the exclusive use of a vehicle with a side-loading wheelchair lift and is designated for persons who are handicapped by a sign that meets the requirements of subsection 2, whether on public or privately owned property, unless:

      (a) The person is eligible to do so;

      (b) The vehicle displays the special license plate, plates or placard set forth in subsection 5; and

      (c) The vehicle is equipped with a side-loading wheelchair lift.

Ê A person who meets the requirements of paragraphs (a) and (b) may park a vehicle that is not equipped with a side-loading wheelchair lift in such a parking space if the space is in a parking lot with fewer than 60 parking spaces.

      7.  A person shall not park in a space which:

      (a) Is immediately adjacent to a space designed for use by a vehicle with a side-loading wheelchair lift; and

      (b) Is designated as a space in which parking is prohibited by a sign that meets the requirements of subsection 3,

Ê whether on public or privately owned property.

      8.  A person shall not use a plate, sticker or placard set forth in subsection 5 to park in a space designated for persons who are handicapped unless he or she is a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or the driver of a vehicle in which any such person is a passenger.

 


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ê2015 Statutes of Nevada, Page 268 (Chapter 62, AB 250)ê

 

unless he or she is a person with a permanent disability, disability of moderate duration or temporary disability, a veteran with a disability or the driver of a vehicle in which any such person is a passenger.

      9.  A person with a permanent disability, disability of moderate duration or temporary disability to whom a:

      (a) Special license plate, or a special or temporary parking sticker, has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle or motorcycle displaying the special license plate or special or temporary parking sticker in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle or on the motorcycle, or is being picked up or dropped off by the driver of the vehicle or motorcycle, at the time that the vehicle or motorcycle is parked in the space designated for persons who are handicapped.

      (b) Special or temporary parking placard has been issued pursuant to NRS 482.384 shall not allow any other person to park the vehicle which displays the special or temporary parking placard in a space designated for persons who are handicapped unless the person with the permanent disability, disability of moderate duration or temporary disability is a passenger in the vehicle, or is being picked up or dropped off by the driver of the vehicle, at the time that it is parked in the space designated for persons who are handicapped.

      10.  A person who violates any of the provisions of subsections 5 to 9, inclusive, is guilty of a misdemeanor and shall be punished:

      (a) Upon the first offense, by a fine of $250.

      (b) Upon the second offense, by a fine of $250 and not less than 8 hours, but not more than 50 hours, of community service.

      (c) Upon the third or subsequent offense, by a fine of not less than $500, but not more than $1,000 and not less than 25 hours, but not more than 100 hours, of community service.

      Sec. 7.  As soon as practicable after January 1, 2016, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 8.  This act becomes effective:

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

      2.  For all other purposes, on the earlier of:

      (a) July 1, 2018; or

      (b) The date on which the Director of the Department of Motor Vehicles, pursuant to section 7 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act.

________

 


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ê2015 Statutes of Nevada, Page 269ê

 

CHAPTER 63, AB 157

Assembly Bill No. 157–Assemblymen Oscarson, Ellison; Armstrong, Titus and Wheeler

 

Joint Sponsor: Senator Goicoechea

 

CHAPTER 63

 

[Approved: May 14, 2015]

 

AN ACT relating to service animals; making certain provisions relating to service animals and service animals in training applicable only when the animal is a dog or a miniature horse; revising provisions governing the use of a service animal by a person with a disability; allowing an employer to determine whether it is reasonable to allow an employee to keep a service animal that is a miniature horse at the place of employment; allowing a place of public accommodation or common carrier to determine whether it is reasonable to admit a service animal or service animal in training that is a miniature horse; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines: (1) “service animal” as an animal that has been trained to assist or accommodate a person with a disability; and (2) “service animal in training” as an animal that is being trained to assist or accommodate a person with a disability. (NRS 426.097, 426.099) Federal regulations: (1) define “service animal” as a dog that is individually trained to do work or perform tasks for the benefit of a person with a disability; and (2) require a place of public accommodation to make reasonable modifications to allow the use of a miniature horse that is individually trained to do work or perform tasks for the benefit of a person with a disability. (28 C.F.R. §§ 35.104, 35.136, 36.104, 36.302) Sections 1 and 2 of this bill revise the definition of the terms “service animal” and “service animal in training” to include only dogs and miniature horses trained or being trained to do work or perform tasks for the benefit of a person with a disability. Because those terms are incorporated in other provisions of existing law, only dogs and miniature horses will be considered service animals for the purposes of provisions of existing law that: (1) require certain emergency management plans and plans for emergency operations to address the needs of persons with service animals; (2) authorize only a blind, deaf or physically disabled person to use a service animal; (3) require persons to take precautions to avoid accident or injury to a person using a service animal; (4) prohibit interfering with, beating or killing a service animal; (5) prohibit fraudulently misrepresenting an animal as a service animal; (6) require sterilization of certain pets that are not service animals; (7) require an employer to allow an employee to keep a service animal with him or her; and (8) require a place of public accommodation or a common carrier to admit a service animal or a service animal in training. (NRS 414.095, 414.097, 426.510, 426.515, 426.695, 426.790, 426.805, 426.810, 484B.290, 574.600-574.660, 613.330, 651.075, 704.145, 706.366)

      Existing federal regulations require a public entity or a place of public accommodation to make accommodations to permit the use of a service animal by a person with any disability. (28 C.F.R. §§ 35.136, 36.302) Existing law in Nevada: (1) authorizes a person who is blind, deaf or has a physical disability to use a service animal; and (2) provides that the failure of such a person to use a service animal may be admissible as evidence of contributory negligence in certain personal injury actions. (NRS 426.510, 426.515) Sections 2.3 and 2.7 of this bill revise those provisions of existing law to include a person with any type of disability.

 


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ê2015 Statutes of Nevada, Page 270 (Chapter 63, AB 157)ê

 

      Sections 3-6 of this bill provide that an employer is not required to allow an employee to keep a service animal that is a miniature horse with him or her, and a place of public accommodation or common carrier is not required to admit a service animal or service animal in training that is a miniature horse, if it would be unreasonable to comply, using criteria for determining reasonableness set forth in federal regulations.

 

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 426.097 is hereby amended to read as follows:

      426.097  “Service animal” [means an animal that has been trained to assist or accommodate a person with a disability.] has the meaning ascribed to it in 28 C.F.R. § 36.104 and includes a miniature horse that has been trained to do work or perform tasks for the benefit of a person with a disability.

      Sec. 2. NRS 426.099 is hereby amended to read as follows:

      426.099  “Service animal in training” means [an animal] a dog or a miniature horse that is being trained [to assist or accommodate a person with a disability.] as a service animal.

      Sec. 2.3. NRS 426.510 is hereby amended to read as follows:

      426.510  1.  Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

      (a) Use a service animal; or

      (b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

      2.  A person who is blind may use a service animal and a cane or walking stick which is white or metallic in color, or white tipped with red.

      3.  A person who is deaf may use a service animal.

      4.  A person with a [physical] disability not described in subsection 2 or 3 may use a service animal.

      5.  Any pedestrian who approaches or encounters a person who is blind using a service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident or injury to the person who is blind.

      6.  Any person other than a person who is blind who:

      (a) Uses a service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

      (b) Fails to heed the approach of a person using a service animal or carrying such a cane as is described by this section;

      (c) Fails to come to a stop upon approaching or coming in contact with a person so using a service animal or so carrying such a cane or walking stick; or

      (d) Fails to take precaution against accident or injury to such a person after coming to a stop as provided for in this section,

Ê is guilty of a misdemeanor.

      7.  This section does not apply to any person who is instructing a person who is blind, person who is deaf or person with [a physical] any other disability or training a service animal.

 


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ê2015 Statutes of Nevada, Page 271 (Chapter 63, AB 157)ê

 

      Sec. 2.7. NRS 426.515 is hereby amended to read as follows:

      426.515  The failure of a:

      1.  Person who is blind to carry a white or metallic colored cane or to use a service animal;

      2.  Person who is deaf to use a service animal; or

      3.  Person with a [physical] disability not described in subsection 1 or 2 to use a service animal,

Ê does not constitute contributory negligence per se, but may be admissible as evidence of contributory negligence in a personal injury action by that person against a common carrier or any other means of public conveyance or transportation or a place of public accommodation as defined by NRS 651.050 when the injury arises from the person who is blind, person who is deaf or person with [a physical disability’s] any other disability making use of the facilities or services offered by the carrier or place of public accommodation.

      Sec. 3. NRS 613.330 is hereby amended to read as follows:

      613.330  1.  Except as otherwise provided in NRS 613.350, it is an unlawful employment practice for an employer:

      (a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to the person’s compensation, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

      (b) To limit, segregate or classify an employee in a way which would deprive or tend to deprive the employee of employment opportunities or otherwise adversely affect his or her status as an employee, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin.

      2.  It is an unlawful employment practice for an employment agency to:

      (a) Fail or refuse to refer for employment, or otherwise to discriminate against, any person because of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person; or

      (b) Classify or refer for employment any person on the basis of the race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin of that person.

      3.  It is an unlawful employment practice for a labor organization:

      (a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin;

      (b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive the person of employment opportunities, or would limit the person’s employment opportunities or otherwise adversely affect the person’s status as an employee or as an applicant for employment, because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin; or

      (c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

      4.  It is an unlawful employment practice for any employer, labor organization or joint labor-management committee controlling apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

 


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ê2015 Statutes of Nevada, Page 272 (Chapter 63, AB 157)ê

 

apprenticeship or other training or retraining, including, without limitation, on-the-job training programs, to discriminate against any person because of his or her race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

      5.  [It] Except as otherwise provided in subsection 6, it is an unlawful employment practice for any employer, employment agency, labor organization or joint labor-management committee to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance, including, without limitation, a service animal, by such a person.

      6.  It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a disability to keep the employee’s service animal with him or her at all times in his or her place of employment [.] , except that an employer may refuse to permit an employee to keep a service animal that is a miniature horse with him or her if the employer determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

      7.  As used in this section, “service animal” has the meaning ascribed to it in NRS 426.097.

      Sec. 4. NRS 651.075 is hereby amended to read as follows:

      651.075  1.  [It] Except as otherwise provided in subsection 5, is unlawful for a place of public accommodation to:

      (a) Refuse admittance or service to a person with a disability because the person is accompanied by a service animal.

      (b) Refuse admittance or service to a person who is training a service animal because the person is accompanied by a service animal [.] in training.

      (c) Refuse to permit an employee of the place of public accommodation who is training a service animal to bring the service animal in training into:

             (1) The place of public accommodation; or

             (2) Any area within the place of public accommodation to which employees of the place of public accommodation have access, regardless of whether the area is open to the public.

      (d) Refuse admittance or service to a person because the person is accompanied by a police dog.

      (e) Charge an additional fee or deposit for a service animal, service animal in training or a police dog as a condition of access to the place of public accommodation.

      (f) Require proof that an animal is a service animal or service animal in training.

      2.  A place of public accommodation may:

      (a) Ask a person accompanied by an animal:

             (1) If the animal is a service animal or service animal in training; and

             (2) What tasks the animal is trained to perform or is being trained to perform.

      (b) Ask a person to remove a service animal or service animal in training if the animal:

             (1) Is out of control and the person accompanying the animal fails to take effective action to control it; or

             (2) Poses a direct threat to the health or safety of others.

 


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ê2015 Statutes of Nevada, Page 273 (Chapter 63, AB 157)ê

 

      3.  A service animal may not be presumed dangerous by reason of the fact it is not muzzled.

      4.  This section does not relieve:

      (a) A person with a disability who is accompanied by a service animal or a person who [trains] is accompanied by a service animal in training from liability for damage caused by the service animal [.] or service animal in training.

      (b) A person who is accompanied by a police dog from liability for damage caused by the police dog.

      5.  A place of public accommodation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if the place of public accommodation determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

      6.  Persons with disabilities who are accompanied by service animals are subject to the same conditions and limitations that apply to persons who are not so disabled and accompanied.

      [6.]7.  Persons who are accompanied by police dogs are subject to the same conditions and limitations that apply to persons who are not so accompanied.

      [7.]8.  A person who violates paragraph (e) of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      [8.]9.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      [9.]10.  As used in this section:

      (a) “Police dog” means a dog which is owned by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

      (b) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (c) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 5. NRS 704.145 is hereby amended to read as follows:

      704.145  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for a common carrier or other means of public conveyance or transportation operating in this State to:

      (a) Refuse service to a person with a disability because the person is accompanied by a service animal;

      (b) Refuse service to a person who is training a service animal because the person is accompanied by the service animal in training; or

      (c) Charge an additional fee or a deposit for a service animal or service animal in training.

      2.  A common carrier or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

 


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ê2015 Statutes of Nevada, Page 274 (Chapter 63, AB 157)ê

 

with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

      3.  This section does not relieve a person with a disability who is accompanied by a service animal or a person who [trains] is accompanied by a service animal in training from liability for damage which may be caused by the service animal or service animal in training.

      [3.]4.Persons with disabilities accompanied by service animals on common carriers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

      [4.]5.  A common carrier or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      [5.]6.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      [6.]7.  As used in this section:

      (a) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

      Sec. 6. NRS 706.366 is hereby amended to read as follows:

      706.366  1.  [It] Except as otherwise provided in subsection 2, it is unlawful for a common motor carrier of passengers or other means of public conveyance or transportation operating in this State to:

      (a) Refuse service to a person with a disability because the person is accompanied by a service animal;

      (b) Refuse service to a person who is training a service animal because the person is accompanied by the service animal in training; or

      (c) Charge an additional fee or a deposit for a service animal or service animal in training.

      2.  A common motor carrier of passengers or other means of public conveyance or transportation is not required to comply with the provisions of subsection 1 with regard to a service animal or service animal in training that is a miniature horse if it determines that it is not reasonable to comply, using the assessment factors set forth in 28 C.F.R. § 36.302.

      3.  This section does not relieve a person with a disability who is accompanied by a service animal or a person who [trains] is accompanied by a service animal in training from liability for damage which may be caused by the service animal or service animal in training.

      [3.]4.  Persons with disabilities accompanied by service animals on common motor carriers of passengers or other means of public conveyance or transportation operating in this State are subject to the same conditions and limitations that apply to persons without disabilities who are not so accompanied.

 


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ê2015 Statutes of Nevada, Page 275 (Chapter 63, AB 157)ê

 

      [4.]5.  A common motor carrier of passengers or other means of public conveyance or transportation operating in this State that violates any of the provisions of subsection 1 is civilly liable to the person against whom the violation was committed for:

      (a) Actual damages;

      (b) Such punitive damages as may be determined by a jury, or by a court sitting without a jury, which must not be more than three times the amount of actual damages, except that in no case may the punitive damages be less than $750; and

      (c) Reasonable attorney’s fees as determined by the court.

      [5.]6.  The remedies provided in this section are nonexclusive and are in addition to any other remedy provided by law, including, without limitation, any action for injunctive or other equitable relief available to the aggrieved person or brought in the name of the people of this State or the United States.

      [6.]7.  As used in this section:

      (a) “Service animal” has the meaning ascribed to it in NRS 426.097.

      (b) “Service animal in training” has the meaning ascribed to it in NRS 426.099.

________

CHAPTER 64, AB 25

Assembly Bill No. 25–Committee on Government Affairs

 

CHAPTER 64

 

[Approved: May 14, 2015]

 

AN ACT relating to the residential construction tax; revising provisions governing the authorized uses of the tax; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the city council of any city or the board of county commissioners of any county which has adopted a master plan and recreation plan which includes, as a part of the plan, future or present sites for neighborhood parks to impose, by ordinance, a residential construction tax. Money collected through the tax may only be used for the acquisition, improvement and expansion of neighborhood parks or the installation of facilities in existing or neighborhood parks and must be expended for the benefit of the neighborhood from which it was collected. (NRS 278.4983) This bill additionally authorizes the use of money collected through the tax for the improvement of park facilities and specifies that improvement includes the expansion, modification, redesign, redevelopment or enhancement of existing facilities or the installation of new or additional facilities. This bill clarifies that the parks and related facilities that are acquired, improved, expanded or installed, as applicable, with the money collected through the tax must be attributable to the new construction or development for which the money was collected. This bill also specifies that the money collected through the tax: (1) must be expended within the park district from which it was collected; and (2) must not be expended for maintenance or operational expenses.

 


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ê2015 Statutes of Nevada, Page 276 (Chapter 64, AB 25)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 278.4983 is hereby amended to read as follows:

      278.4983  1.  The city council of any city or the board of county commissioners of any county which has adopted a master plan and recreation plan, as provided in this chapter, which includes, as a part of the plan, future or present sites for neighborhood parks may, by ordinance, impose a residential construction tax pursuant to this section.

      2.  If imposed, the residential construction tax must be imposed on the privilege of constructing apartment houses and residential dwelling units and developing mobile home lots in the respective cities and counties. The rate of the tax must not exceed:

      (a) With respect to the construction of apartment houses and residential dwelling units, 1 percent of the valuation of each building permit issued or $1,000 per residential dwelling unit, whichever is less. For the purpose of the residential construction tax, the city council of the city or the board of county commissioners of the county shall adopt an ordinance basing the valuation of building permits on the actual costs of residential construction in the area.

      (b) With respect to the development of mobile home lots, for each mobile home lot authorized by a lot development permit, 80 percent of the average residential construction tax paid per residential dwelling unit in the respective city or county during the calendar year next preceding the fiscal year in which the lot development permit is issued.

      3.  The purpose of the tax is to raise revenue to enable the cities and counties to provide neighborhood parks and facilities for parks which are required by the residents of those apartment houses, mobile homes and residences.

      4.  An ordinance enacted pursuant to subsection 1 must establish the procedures for collecting the tax, set its rate, and determine the purposes for which the tax is to be used, subject to the restrictions and standards provided in this chapter. The ordinance must, without limiting the general powers conferred in this chapter, also include:

      (a) Provisions for the creation, in accordance with the applicable master plan, of park districts which would serve neighborhoods within the city or county.

      (b) A provision for collecting the tax at the time of issuance of a building permit for the construction of any apartment houses or residential dwelling units, or a lot development permit for the development of mobile home lots.

      5.  All residential construction taxes collected pursuant to the provisions of this section and any ordinance enacted by a city council or board of county commissioners, and all interest accrued on the money, must be placed with the city treasurer or county treasurer in a special fund. Except as otherwise provided in subsection 6, the money in the fund may only be used for [the] :

      (a) The acquisition, improvement and expansion of neighborhood parks ; or [the]

 


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      (b) The installation or improvement of facilities in existing or neighborhood parks in the city or county [.] ,

Ê that are attributable to the new construction or development for which the money was collected. Money in the fund must be expended [for the benefit of the neighborhood] within the park district from which it was collected [.] and must not be expended for maintenance or operational expenses.

      6.  If a neighborhood park has not been developed or facilities have not been installed in an existing park in the park district created to serve the neighborhood in which the subdivision or development is located within 3 years after the date on which 75 percent of the residential dwelling units authorized within that subdivision or development first became occupied, all money paid by the subdivider or developer, together with interest at the rate at which the city or county has invested the money in the fund, must be refunded to the owners of the lots in the subdivision or development at the time of the reversion on a pro rata basis.

      7.  The limitation of time established pursuant to subsection 6 is suspended for any period, not to exceed 1 year, during which this State or the Federal Government takes any action to protect the environment or an endangered species which prohibits, stops or delays the development of a park or installation of facilities.

      8.  For the purposes of this section:

      (a) “Facilities” means turf, trees, irrigation, playground apparatus, playing fields, areas to be used for organized amateur sports, play areas, picnic areas, horseshoe pits and other recreational equipment or appurtenances designed to serve the natural persons, families and small groups from the neighborhood from which the tax was collected.

      (b) “Improvement of facilities” means the expansion, modification, redesign, redevelopment or enhancement of existing facilities or the installation of new or additional facilities.

      (c) “Neighborhood park” means a site not exceeding 25 acres, designed to serve the recreational and outdoor needs of natural persons, families and small groups.

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

________

CHAPTER 65, SB 63

Senate Bill No. 63–Committee on Government Affairs

 

CHAPTER 65

 

[Approved: May 14, 2015]

 

AN ACT relating to the Nevada Indian Commission; creating the Nevada Indian Commission’s Gift Fund; designating the Commission as the coordinating agency for certain discussions regarding activities at and uses of the buildings and grounds of the former Stewart Indian School; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      The Nevada Indian Commission is charged with studying matters affecting the social and economic welfare and well-being of American Indians residing in Nevada and recommending necessary or appropriate action, policy, legislation or revision of legislation or regulations pertaining to Indians. (NRS 233A.090)

      Section 2 of this bill designates the Commission as the coordinating agency for discussions among the Commission, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.

      Section 3 of this bill creates the Nevada Indian Commission’s Gift Fund as a special revenue fund. Section 3 provides that, unless specifically accounted for in another fund, all gifts or grants of money or other property to the Commission must be accounted for in the Fund. Section 3 additionally provides that gifts of property other than money may be sold or exchanged when deemed by the Commission to be in the best interest 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. Chapter 233A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. The Commission is hereby designated as the coordinating agency for discussions among the Commission, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.

      Sec. 3. 1.  Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the Commission is authorized to accept must be accounted for in the Nevada Indian Commission’s Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Commission may establish such accounts in the Fund as are necessary to account properly for gifts and grants received. All such money received by the Commission must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Executive Director of the Commission or his or her designee.

      2.  Gifts of property other than money may be sold or exchanged when this is deemed by the Commission to be in the best interest of the Commission. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the Commission. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the Nevada Indian Commission’s Gift Fund. The money may be spent only for the purposes of the Commission. The property may not be sold or exchanged if to do so would violate the terms of the gift.

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

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CHAPTER 66, AB 73

Assembly Bill No. 73–Committee on Commerce and Labor

 

CHAPTER 66

 

[Approved: May 14, 2015]

 

AN ACT relating to energy assistance; revising various provisions relating to the Fund for Energy Assistance and Conservation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Division of Welfare and Supportive Services of the Department of Health and Human Services is required annually to report to the Senate Standing Committee on Finance and Assembly Standing Committee on Ways and Means concerning the amount of money in the Fund for Energy Assistance and Conservation which has been allocated to the Division during all preceding fiscal years and remains unspent and unencumbered. Based upon the report, the Division may be required to distribute as much as 30 percent of that money to the Housing Division of the Department of Business and Industry, to be used for programs of energy conservation, weatherization and energy efficiency. (NRS 702.270, 702.275)

      This bill changes the due date of the report from the end of each fiscal year to January 5 of each year. This bill also limits the amount of money subject to distribution to the Housing Division to not more than 30 percent of the amount which has been allocated to and received by the Division of Welfare and Supportive Services, and remains unspent and unencumbered as of December 31 of the current 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. NRS 702.275 is hereby amended to read as follows:

      702.275  1.  [Before the end of each fiscal] On or before January 5 of each year, the Division of Welfare and Supportive Services shall submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, which specifies the amount of all money in the Fund which was allocated to and received by the Division of Welfare and Supportive Services during all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered [.] as of December 31 of the current fiscal year.

      2.  Based upon the report submitted pursuant to subsection 1 and any other information available, the Senate Standing Committee on Finance or the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee when the Legislature is not in session, may require the Division of Welfare and Supportive Services to distribute not more than 30 percent of all the money in the Fund which was allocated to and received by the Division of Welfare and Supportive Services during all preceding fiscal years pursuant to NRS 702.260 and which remains unspent and unencumbered as of December 31 of the current fiscal year to the Housing Division for the programs authorized by NRS 702.270.

 


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authorized by NRS 702.270. The Housing Division may use not more than 6 percent of the money distributed pursuant to this section for its administrative expenses.

      Sec. 1.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 67, AB 75

Assembly Bill No. 75–Committee on Commerce and Labor

 

CHAPTER 67

 

[Approved: May 14, 2015]

 

AN ACT relating to public utilities; revising provisions governing certain proposed changes in schedules of rates or services submitted to the Public Utilities Commission of Nevada by a public utility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally requires a public utility to submit an application and obtain the approval of the Public Utilities Commission of Nevada for a change in any schedule of rates or services. (NRS 704.110) However, existing law provides that a public utility may submit a letter of advice in lieu of filing an application with the Commission if, among other criteria, the proposed change does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $2,500. (NRS 704.100) This bill provides that a public utility may submit a letter of advice if the proposed change does not change any rate or will result in an increase in annual gross operating revenue in an amount that does not exceed $15,000. This bill also provides that a public utility must include with a letter of advice a certification or affidavit that the proposed change meets those requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.100 is hereby amended to read as follows:

      704.100  1.  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

      (a) A public utility shall not make changes in any schedule, unless the public utility:

             (1) Files with the Commission an application to make the proposed changes and the Commission approves the proposed changes pursuant to NRS 704.110; or

             (2) Files the proposed changes with the Commission using a letter of advice in accordance with the provisions of paragraph (f) or (g).

 


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      (b) A public utility shall adjust its rates on a quarterly basis between annual rate adjustment applications pursuant to subsection 8 of NRS 704.110 based on changes in the public utility’s recorded costs of natural gas purchased for resale.

      (c) An electric utility shall, between annual deferred energy accounting adjustment applications filed pursuant to NRS 704.187, adjust its rates on a quarterly basis pursuant to subsection 10 of NRS 704.110.

      (d) A public utility shall post copies of all proposed schedules and all new or amended schedules in the same offices and in substantially the same form, manner and places as required by NRS 704.070 for the posting of copies of schedules that are currently in force.

      (e) A public utility may not set forth as justification for a rate increase any items of expense or rate base that previously have been considered and disallowed by the Commission, unless those items are clearly identified in the application and new facts or considerations of policy for each item are advanced in the application to justify a reversal of the prior decision of the Commission.

      (f) Except as otherwise provided in paragraph (g), if the proposed change in any schedule does not change any rate or will result in an increase in annual gross operating revenue [, as certified by the public utility,] in an amount that does not exceed [$2,500:] $15,000:

             (1) The public utility may file the proposed change with the Commission using a letter of advice in lieu of filing an application; and

             (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê A letter of advice filed pursuant to this paragraph must include a certification by the attorney for the public utility or an affidavit by an authorized representative of the public utility that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the public utility in an amount that exceeds $15,000.

      (g) If the applicant is a small-scale provider of last resort and the proposed change in any schedule will result in an increase in annual gross operating revenue [, as certified by the applicant,] in an amount that does not exceed $50,000 or 10 percent of the applicant’s annual gross operating revenue, whichever is less:

             (1) The [applicant] small-scale provider of last resort may file the proposed change with the Commission using a letter of advice in lieu of filing an application if the [applicant:] small-scale provider of last resort:

                   (I) Includes with the letter of advice a certification by the attorney for the small-scale provider of last resort or an affidavit by an authorized representative of the small-scale provider of last resort that to the best of the signatory’s knowledge, information and belief, formed after a reasonable inquiry, the proposed change in schedule does not change any rate or result in an increase in the annual gross operating revenue of the small-scale provider of last resort in an amount that exceeds $50,000 or 10 percent, whichever is less;

                   (II) Demonstrates that the proposed change in schedule is required by or directly related to a regulation or order of the Federal Communications Commission; and

 


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                   [(II)](III) Except as otherwise provided in subsection 2, files the letter of advice not later than 5 years after the Commission has issued a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110; and

             (2) The Commission shall determine whether it should dispense with a hearing regarding the proposed change.

Ê Not later than 10 business days after the filing of a letter of advice pursuant to subparagraph (1), the Regulatory Operations Staff of the Commission or any other interested party may file with the Commission a request that the Commission order an applicant to file a general rate application in accordance with subsection 3 of NRS 704.110. The Commission may hold a hearing to consider such a request.

      (h) In making the determination pursuant to paragraph (f) or (g), the Commission shall first consider all timely written protests, any presentation that the Regulatory Operations Staff of the Commission may desire to present, the application of the public utility and any other matters deemed relevant by the Commission.

      2.  An applicant that is a small-scale provider of last resort may submit to the Commission a written request for a waiver of the 5-year period specified in sub-subparagraph [(II)] (III) of subparagraph (1) of paragraph (g) of subsection 1. The Commission shall, not later than 90 days after receipt of such a request, issue an order approving or denying the request. The Commission may approve the request if the applicant provides proof satisfactory to the Commission that the applicant is not earning more than the rate of return authorized by the Commission and that it is in the public interest for the Commission to grant the request for a waiver. The Commission shall not approve a request for a waiver if the request is submitted later than 7 years after the issuance by the Commission of a final order on a general rate application filed by the applicant in accordance with subsection 3 of NRS 704.110. If the Commission approves a request for a waiver submitted pursuant to this subsection, the applicant shall file the letter of advice pursuant to subparagraph (1) of paragraph (g) of subsection 1 not earlier than 120 days after the date on which the applicant submitted the request for a waiver pursuant to this subsection, unless the order issued by the Commission approving the request for a waiver specifies a different period for the filing of the letter of advice.

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

      Sec. 2.  This act becomes effective on July 1, 2015.

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CHAPTER 68, AB 87

Assembly Bill No. 87–Committee on Commerce and Labor

 

CHAPTER 68

 

[Approved: May 14, 2015]

 

AN ACT relating to insurance; revising provisions governing certain duties of insurers with regard to coverage and claims for persons who are eligible for or provided medical assistance under Medicaid; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Federal law requires a state to place certain requirements upon health insurers with regard to the state plan for medical assistance. (42 U.S.C. § 1396a) Consistent with one of these requirements, existing state law: (1) prohibits an insurer from taking into account the fact that a person is eligible for medical assistance under Medicaid when considering the person’s eligibility for coverage or when making payments under a policy of health insurance or group health policy; (2) requires an insurer to treat Medicaid as having a valid and enforceable assignment of the recipient of Medicaid’s right to payment by the insurer or other specified entity; (3) prohibits an insurer from imposing additional requirements on a state agency that is assigned any rights of an insured who is eligible for medical assistance under Medicaid; (4) requires an insurer to provide, upon request, certain information concerning an insured who is eligible for medical assistance under Medicaid to a state agency that is assigned any rights of the insured; (5) requires an insurer to respond to inquiries by such a state agency concerning a claim for payment for any medical item or service not later than 3 years after the date of provision of the medical item or service; and (6) requires an insurer to agree not to deny a claim by such a state agency solely on the basis of certain procedural reasons if the state agency submits the claim not later than 3 years after the date of the provision of medical item or service and the state agency commences any action to enforce its rights with respect to the claim not later than 6 years after submission of the claim. (42 U.S.C. § 1396a(25)(I); NRS 689A.430, 689B.300) Existing state law also defines the term “insurer” for the purposes of the Nevada Insurance Code to include “every person engaged as principal and as indemnitor, surety or contractor in the business of entering into contracts of insurance.” (NRS 679A.100)

      Sections 1 and 2 of this bill expressly provide, consistent with federal law, that all of the provisions of existing state law described above relating to Medicaid apply to insurers, including, without limitation, self-insured plans, group health plans as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1167(1), service benefit plans, other organizations that have issued a policy of health insurance or a group health policy and any other parties described in the Social Security Act as being legally responsible for payment of a claim for a health care item or service.

 

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 689A.430 is hereby amended to read as follows:

      689A.430  1.  An insurer shall not, when considering eligibility for coverage or making payments under a policy of health insurance, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

 


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the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, an insurer : [, self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1167(1), service benefit plan or other organization that has issued a policy of health insurance:]

      (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any right of a recipient of Medicaid to reimbursement against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a policy of health insurance,

Ê the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.

      4.  If a state agency is assigned any rights of an insured who is eligible for medical assistance under Medicaid, an insurer shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the insured to determine:

             (1) Any period during which the insured or the insured’s spouse or dependent may be or may have been covered by the insurer; and

             (2) The nature of the coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured and the identifying number of the policy, evidence of coverage or contract;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      5.  As used in this section, “insurer” includes, without limitation, a self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1167(1), service benefit plan or other organization that has issued a policy of health insurance or any other party described in section 1902(a)(25)(A), (G) or (I) of the Social Security Act, 42 U.S.C. § 1396a(a)(25)(A), (G) or (I), as being legally responsible for payment of a claim for a health care item or service.

 


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      Sec. 2. NRS 689B.300 is hereby amended to read as follows:

      689B.300  1.  An insurer shall not, when considering eligibility for coverage or making payments under a group health policy, consider the availability of, or eligibility of a person for, medical assistance under Medicaid.

      2.  To the extent that payment has been made by Medicaid for health care, an insurer : [, self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. § 1167(1), or other organization that has issued a group health policy:]

      (a) Shall treat Medicaid as having a valid and enforceable assignment of an insured’s benefits regardless of any exclusion of Medicaid or the absence of a written assignment; and

      (b) May, as otherwise allowed by the policy, evidence of coverage or contract and applicable law or regulation concerning subrogation, seek to enforce any rights of a recipient of Medicaid to reimbursement against any other liable party if:

             (1) It is so authorized pursuant to a contract with Medicaid for managed care; or

             (2) It has reimbursed Medicaid in full for the health care provided by Medicaid to its insured.

      3.  If a state agency is assigned any rights of a person who is:

      (a) Eligible for medical assistance under Medicaid; and

      (b) Covered by a group health policy,

Ê the insurer that issued the policy shall not impose any requirements upon the state agency except requirements it imposes upon the agents or assignees of other persons covered by the policy.

      4.  If a state agency is assigned any rights of an insured who is eligible for medical assistance under Medicaid, an insurer shall:

      (a) Upon request of the state agency, provide to the state agency information regarding the insured to determine:

             (1) Any period during which the insured or the spouse or dependent of the insured may be or may have been covered by the insurer; and

             (2) The nature of the coverage that is or was provided by the insurer, including, without limitation, the name and address of the insured and the identifying number of the policy;

      (b) Respond to any inquiry by the state agency regarding a claim for payment for the provision of any medical item or service not later than 3 years after the date of the provision of the medical item or service; and

      (c) Agree not to deny a claim submitted by the state agency solely on the basis of the date of submission of the claim, the type or format of the claim form or failure to present proper documentation at the point of sale that is the basis for the claim if:

             (1) The claim is submitted by the state agency not later than 3 years after the date of the provision of the medical item or service; and

             (2) Any action by the state agency to enforce its rights with respect to such claim is commenced not later than 6 years after the submission of the claim.

      5.  As used in this section, “insurer” includes, without limitation, a self-insured plan, group health plan as defined in section 607(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1167(1), service benefit plan or other organization that has issued a group health policy or any other party described in section 1902(a)(25)(A), (G) or (I) of the Social Security Act, 42 U.S.C. § 1396a(a)(25)(A), (G) or (I), as being legally responsible for payment of a claim for a health care item or service.

 


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policy or any other party described in section 1902(a)(25)(A), (G) or (I) of the Social Security Act, 42 U.S.C. § 1396a(a)(25)(A), (G) or (I), as being legally responsible for payment of a claim for a health care item or service.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 69, AB 90

Assembly Bill No. 90–Committee on Government Affairs

CHAPTER 69

 

[Approved: May 14, 2015]

 

AN ACT relating to emergency management; establishing the Nevada Intrastate Mutual Aid System within the Division of Emergency Management of the Department of Public Safety; creating the Intrastate Mutual Aid Committee; setting forth the duties of the Committee; setting forth the circumstances under which a participant in the System may request intrastate mutual aid before, during or after an emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes political subdivisions of this State to establish local organizations for emergency management in accordance with the state emergency management plan. The director of a local organization for emergency management may enter into reciprocal agreements with other such organizations to provide aid during an emergency or disaster. (NRS 414.090, 414.100) Section 15 of this bill creates a statewide mutual aid system, designated the Nevada Intrastate Mutual Aid System, within the Division of Emergency Management of the Department of Public Safety to coordinate requests for mutual aid among the various public agencies of this State and certain Indian tribes and nations in this State. Section 16 of this bill creates an advisory committee, designated the Intrastate Mutual Aid Committee, which consists of emergency management and public safety professionals from certain public agencies and Indian tribes and nations in this State to: (1) advise and assist the Chief of the Division with the implementation and evaluation of the System; and (2) develop comprehensive guidelines and procedures regarding, among other things, requests and recordkeeping for intrastate mutual aid.

      Section 17 of this bill requires each public agency in this State to participate in the System unless it opts out, and any federally recognized Indian tribe or nation may opt to join the System.

      Sections 18 and 19 of this bill set forth the requirements for making a request for intrastate mutual aid through the System and the responsibilities of the requesting and assisting participants. Section 20 of this bill sets forth the manner in which an assisting participant may be reimbursed by the requesting participant for costs incurred in providing mutual aid. Section 21 of this bill provides for the portability of licenses, certifications and permits held by emergency responders providing services for a requesting agency during an emergency or disaster.

      Section 22 of this bill provides that an emergency responder of an assisting participant is not an employee of a requesting participant and is not entitled to any benefits held by the employees of the requesting participant. Section 23 of this bill provides immunity from liability for assisting participants, except for acts of gross negligence, recklessness or willful misconduct. Section 25 of this bill authorizes the Governor to request mutual aid from participants for use in providing interstate mutual aid pursuant to the Emergency Management Assistance Compact ratified by the Legislature pursuant to NRS 415.010.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 36 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 24, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 14, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Assisting participant” means a participant that has responded to a requesting participant by providing resources pursuant to section 19 of this act.

      Sec. 4. “Disaster” includes, without limitation, a disaster defined in NRS 414.0335.

      Sec. 5. “Division” means the Division of Emergency Management of the Department of Public Safety.

      Sec. 6. “Emergency” includes, without limitation, an emergency defined in NRS 414.0345.

      Sec. 7. “Emergency responder” means an employee or volunteer of a participant who has received such public safety training and licensing or certification as deemed appropriate by the participant for which he or she is employed or volunteers.

      Sec. 8. “Mutual aid” includes any equipment, vehicle or other support or service provided by a participant in response to a request made pursuant to section 18 of this act.

      Sec. 9. “Participant” means a public agency that has not withdrawn from participation in, or a federally recognized Indian tribe or nation that has elected to join, the System pursuant to section 17 of this act.

      Sec. 10. “Public agency” means any political subdivision of this State, including, without limitation, counties, incorporated cities and towns, including Carson City, unincorporated towns, school districts, special districts and other districts.

      Sec. 11. “Requesting participant” means a participant that requests mutual aid from another participant pursuant to section 18 of this act.

      Sec. 12. “Special district” has the meaning ascribed to it in NRS 360.650.

      Sec. 13. “System” means the Nevada Intrastate Mutual Aid System established by section 15 of this act.

      Sec. 14. “Volunteer” means an unpaid emergency responder who provides services on behalf of a participant.

      Sec. 15. 1.  The Nevada Intrastate Mutual Aid System is hereby established within the Division.

      2.  The Chief of the Division, subject to the direction and control of the Director of the Department of Public Safety, shall administer the System pursuant to the provisions of this chapter and shall:

      (a) Coordinate the provision of mutual aid during the response to and recovery from an emergency or disaster;

      (b) Maintain records of the requests for and provision of mutual aid throughout this State;

 


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      (c) Identify, maintain an inventory of and coordinate participant personnel and equipment available for intrastate mutual aid response;

      (d) Provide information and assistance, upon request, to participants concerning reimbursement for services and other guidelines and procedures developed by the Intrastate Mutual Aid Committee pursuant to subsection 4 of section 16 of this act; and

      (e) Adopt regulations relating to the administration of the System.

      Sec. 16. 1.  The Intrastate Mutual Aid Committee is hereby created. The Committee shall advise the Chief of the Division on issues related to emergency management and intrastate mutual aid in this State.

      2.  The Committee consists of the following members:

      (a) The Chief of the Division, or his or her designee, who serves as the Chair of the Committee and is a nonvoting member; and

      (b) Not more than 19 voting members, each of whom:

             (1) Is appointed by the Chief of the Division;

             (2) Is selected from participating public agencies or tribal governments;

             (3) Must have responsibility for public safety programs or activities within his or her public agency or tribe or nation; and

             (4) After the initial terms, serves a term of 2 years, and may be reappointed.

      3.  The Committee shall select a Vice Chair from among the voting members of the Committee. The Vice Chair serves as Vice Chair until the end of his or her current term as a voting member, and may be reselected.

      4.  The Committee shall develop comprehensive guidelines and procedures regarding, without limitation:

      (a) Requesting intrastate mutual aid;

      (b) Responding to a request for intrastate mutual aid;

      (c) Recordkeeping during an emergency or disaster for which intrastate mutual aid has been requested; and

      (d) Reimbursement of costs to assisting participants.

      5.  The Committee shall meet at least annually to evaluate the effectiveness and efficiency of the System and provide recommendations, if any, to the Chief of the Division to improve the System.

      Sec. 17. 1.  Except as otherwise provided in subsection 2, each public agency shall participate in the System.

      2.  Any participant may elect to withdraw from participation in the System by:

      (a) Adopting a resolution declaring that the participant elects not to participate in the System; and

      (b) Providing a copy of the resolution to the Division and the Governor.

      3.  Any federally recognized Indian tribe or nation, all or part of which is located within the boundaries of this State, may choose to become a participant in the System by:

      (a) Adopting a resolution declaring that the tribe or nation elects to participate in the System and agreeing to be bound by the provisions of this chapter; and

      (b) Providing a copy of the resolution to the Division and the Governor.

      4.  Each participant shall:

 


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      (a) Except as otherwise provided in subsection 4 of section 19 of this act, ensure that the participant is able to provide intrastate mutual aid in response to a request pursuant to section 18 of this act;

      (b) Provide training to each emergency responder on procedures related to his or her respective role within the System;

      (c) Actively monitor events in this State to determine the possibility of requesting or providing intrastate mutual aid;

      (d) Maintain a current list of personnel and any equipment of the participant available for intrastate mutual aid and submit the list at least annually to the Division;

      (e) Conduct joint planning, information sharing and capability and vulnerability analyses with other participants and conduct joint training exercises, if practicable; and

      (f) Develop, carry out and periodically revise plans of operation, which must include, without limitation, the methods by which any resources, facilities and services of the participant must be available and furnished to other participants.

      Sec. 18. 1.  Any participant may request intrastate mutual aid before, during or after a declared or undeclared emergency or disaster for:

      (a) Response, mitigation or recovery activities related to the emergency or disaster; and

      (b) Participation in drills or exercises in preparation for an emergency or disaster.

      2.  A participant may make a request for intrastate mutual aid:

      (a) Through the Division; or

      (b) If an urgent response is needed, directly to a participant, except that any request for a responding state agency must be made as provided in paragraph (a).

      3.  Each request for intrastate mutual aid must be documented and forwarded to the Division not more than 24 hours after the request is made.

      4.  A requesting participant shall:

      (a) Adequately describe the resources needed by the requesting participant;

      (b) Provide logistical and technical support, as needed, to any emergency responders provided by an assisting participant; and

      (c) Reimburse the assisting participant for costs incurred, if applicable, by the assisting participant in a timely manner.

      Sec. 19. 1.  An assisting participant shall:

      (a) Except as otherwise provided in subsection 4, promptly respond to a request for intrastate mutual aid to the extent resources are available;

      (b) Ensure that all emergency responders provided by the assisting participant in response to the request have workers’ compensation coverage in accordance with chapters 616A to 617, inclusive, of NRS;

      (c) Maintain a policy of liability and property insurance or a program of self-insurance on all vehicles and equipment used in response to the request;

      (d) Before responding to the request, provide a briefing to emergency responders, which must include information on recordkeeping in accordance with any requirements of the System; and

      (e) Submit timely, accurate and complete records and requests for reimbursement in accordance with those requirements, if applicable.

 


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      2.  An emergency responder provided by an assisting participant remains under the command and, except as otherwise provided in this subsection, control of, and must comply with any requirements of, the participant with which or for which he or she is employed or volunteers, but is under the operational control of the requesting participant.

      3.  The assets and equipment of an assisting participant remain under the command and, except as otherwise provided in this subsection, control of the assisting participant, but are under the operational control of the requesting participant.

      4.  Any participant may deny a request for intrastate mutual aid if providing the requested assistance would prevent the participant from reasonably carrying out its duties in its jurisdiction.

      Sec. 20. 1.  Except as otherwise provided in subsection 3, within 10 business days after the completion of all activities taken in response to a request for intrastate mutual aid, each assisting participant shall provide a written notice to the requesting participant if the assisting participant intends to seek reimbursement from the requesting participant.

      2.  Except as otherwise provided in subsection 3, within 60 calendar days after the completion of the activities specified in subsection 1, the assisting participant shall provide to the requesting participant a final request for reimbursement which must include:

      (a) A summary of the services provided;

      (b) An invoice setting forth all services provided and the total amount of the reimbursement requested;

      (c) Any supporting documentation;

      (d) Any additional forms required by the System; and

      (e) The name and contact information of a person to contact if more information is needed.

      3.  If an assisting participant requires additional time to comply with the provisions of subsection 1 or 2, the assisting participant must request an extension in writing from the requesting participant. A requesting participant may, for good cause shown, grant an extension for an additional reasonable period.

      4.  A requesting participant shall reimburse an assisting participant for all reasonable costs incurred by the assisting participant in responding to the request for intrastate mutual aid, including, without limitation, any costs related to the use of personnel and equipment and travel. All costs must be documented in order to be eligible for reimbursement pursuant to this section, unless otherwise agreed upon by the requesting participant and assisting participant. Any costs associated with resources which were used without request are not eligible for reimbursement.

      5.  Reimbursement may be facilitated through the Division, upon request.

      6.  If a dispute between participants occurs regarding reimbursement, the participant disputing the reimbursement shall provide a written notice to the other participant setting forth the issues in dispute. If the dispute is not resolved within 90 days after the notice is provided, either participant may submit the matter to binding arbitration, which must be conducted pursuant to the rules for commercial arbitration established by the American Arbitration Association.

      7.  The Division is not liable for any claim relating to the reimbursement of costs for providing intrastate mutual aid.

 


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      Sec. 21. If a person holds a license, certificate or other permit issued by a public agency or federally recognized Indian tribe or nation evidencing qualification or authorization to practice a professional, mechanical or other skill and that person is an emergency responder providing services for a requesting participant, the person shall be deemed to be licensed, certified or permitted, as applicable, by the authority having jurisdiction over the requesting participant for the duration of the emergency or disaster.

      Sec. 22. 1.  An emergency responder of an assisting participant is not an employee of the requesting participant and is not entitled to any right, privilege or benefit of employment from the requesting participant, including, without limitation, wages, leave, pensions, health care or other advantages.

      2.  An emergency responder who sustains an injury or dies while providing intrastate mutual aid to a requesting participant under this chapter is entitled to receive all applicable benefits available for a death or injury sustained in the course of employment with his or her employer.

      Sec. 23. 1.  All activities performed pursuant to this chapter are deemed to be governmental functions for which immunity is provided under the provisions of NRS 414.110.

      2.  An emergency responder of an assisting participant is an agent of the requesting participant for the purposes of tort liability and immunity. An assisting participant or its officers or employees providing assistance under this chapter are not liable for any act or omission while providing or attempting to provide such assistance in good faith. As used in this subsection, “in good faith” does not include willful misconduct, gross negligence or recklessness.

      Sec. 24. The provisions of this chapter:

      1.  Do not prohibit a participant from entering into a supplemental agreement with another participant or other entity.

      2.  Do not prohibit a participant from receiving support under an agreement or contract.

      3.  Do not apply to routine support provided by a public agency to a neighboring jurisdiction.

      4.  Are in addition to and not a substitute for chapters 414 and 415 of NRS.

      Sec. 25. Chapter 414 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If interstate mutual aid is provided to a party state pursuant to the Compact ratified by the Legislature pursuant to NRS 415.010, the Governor may, pursuant to sections 2 to 24, inclusive, of this act, request mutual aid from a participant for use in providing aid in that state. If a participant provides emergency responders pursuant to a request made by the Governor, those emergency responders shall be deemed agents of this State.

      2.  As used in this section, “participant” has the meaning ascribed to it in section 9 of this act.

      Sec. 26. NRS 414.040 is hereby amended to read as follows:

      414.040  1.  A Division of Emergency Management is hereby created within the Department of Public Safety. The Chief of the Division is appointed by and holds office at the pleasure of the Director of the Department of Public Safety. The Division is the State Agency for Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010.

 


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Emergency Management and the State Agency for Civil Defense for the purposes of the Compact ratified by the Legislature pursuant to NRS 415.010. The Chief is the State’s Director of Emergency Management and the State’s Director of Civil Defense for the purposes of that Compact.

      2.  The Chief may employ technical, clerical, stenographic and other personnel as may be required, and may make such expenditures therefor and for other expenses of his or her office within the appropriation therefor, or from other money made available to him or her for purposes of emergency management, as may be necessary to carry out the purposes of this chapter.

      3.  The Chief, subject to the direction and control of the Director, shall carry out the program for emergency management in this state. The Chief shall coordinate the activities of all organizations for emergency management within the State, maintain liaison with and cooperate with agencies and organizations of other states and of the Federal Government for emergency management and carry out such additional duties as may be prescribed by the Director.

      4.  The Chief shall assist in the development of comprehensive, coordinated plans for emergency management by adopting an integrated process, using the partnership of governmental entities, business and industry, volunteer organizations and other interested persons, for the mitigation of, preparation for, response to and recovery from emergencies or disasters. In adopting this process, the Chief shall conduct activities designed to:

      (a) Eliminate or reduce the probability that an emergency will occur or to reduce the effects of unavoidable disasters;

      (b) Prepare state and local governmental agencies, private organizations and other persons to be capable of responding appropriately if an emergency or disaster occurs by fostering the adoption of plans for emergency operations, conducting exercises to test those plans, training necessary personnel and acquiring necessary resources;

      (c) Test periodically plans for emergency operations to ensure that the activities of state and local governmental agencies, private organizations and other persons are coordinated;

      (d) Provide assistance to victims, prevent further injury or damage to persons or property and increase the effectiveness of recovery operations; and

      (e) Restore the operation of vital community life-support systems and return persons and property affected by an emergency or disaster to a condition that is comparable to or better than what existed before the emergency or disaster occurred.

      5.  In addition to any other requirement concerning the program of emergency management in this State, the Chief shall:

      (a) Maintain an inventory of any state or local services, equipment, supplies, personnel and other resources related to participation in the Nevada Intrastate Mutual Aid System established pursuant to section 15 of this act;

      (b) Coordinate the provision of resources and equipment within this State in response to requests for mutual aid pursuant to sections 2 to 24, inclusive, of this act or section 25 of this act; and

      (c) Coordinate with state agencies, local governments, Indian tribes or nations and special districts to use the personnel and equipment of those state agencies, local governments, Indian tribes or nations and special districts as agents of the State during a response to a request for mutual aid pursuant to section 18 or 25 of this act.

 


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special districts as agents of the State during a response to a request for mutual aid pursuant to section 18 or 25 of this act.

      6.  The Division shall perform the duties required pursuant to chapter 415A of NRS.

      [6.]7.  The Division shall perform the duties required pursuant to NRS 353.2753 at the request of a state agency or local government.

      Sec. 27. NRS 415A.200 is hereby amended to read as follows:

      415A.200  1.  While an emergency declaration is in effect, the Division may by order limit, restrict or otherwise regulate:

      (a) The duration of practice by volunteer health practitioners;

      (b) The geographical areas in which volunteer health practitioners may practice;

      (c) The types of volunteer health practitioners who may practice; and

      (d) Any other matters necessary to coordinate effectively the provision of health or veterinary services during the emergency.

      2.  An order issued pursuant to subsection 1 may take effect immediately, without prior notice or comment, and is not a regulation for the purposes of chapter 233B of NRS.

      3.  A host entity that uses volunteer health practitioners to provide health or veterinary services in this State shall:

      (a) Consult with and coordinate its activities with the Division to the extent practicable to provide for the efficient and effective use of those volunteer health practitioners; and

      (b) Comply with any laws other than this chapter relating to the management of emergency health or veterinary services, including, without limitation, the provisions of chapter 414 of NRS [.] and sections 2 to 24, inclusive, of this act.

      Sec. 28. NRS 480.110 is hereby amended to read as follows:

      480.110  Except as otherwise provided therein, the Department shall execute, administer and enforce, and perform the functions and duties provided in:

      1.  Chapters 176A and 213 of NRS relating to parole and probation;

      2.  Chapter 414 of NRS relating to emergency management;

      3.  Sections 2 to 24, inclusive, of this act.

      4.  Chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      [4.]5.  Chapter 459 of NRS relating to the transportation of hazardous materials;

      [5.]6.  Chapter 477 of NRS relating to the State Fire Marshal; and

      [6.]7.  NRS 486.363 to 486.377, inclusive, relating to the education and safety of motorcycle riders.

      Sec. 29. NRS 480.140 is hereby amended to read as follows:

      480.140  The primary functions and responsibilities of the divisions of the Department are as follows:

      1.  The Investigation Division shall:

      (a) Execute, administer and enforce the provisions of chapter 453 of NRS relating to controlled substances and chapter 454 of NRS relating to dangerous drugs;

      (b) Assist the Secretary of State in carrying out an investigation pursuant to NRS 293.124; and

      (c) Perform such duties and exercise such powers as may be conferred upon it pursuant to this chapter and any other specific statute.

 


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      2.  The Nevada Highway Patrol Division shall, in conjunction with the Department of Motor Vehicles, execute, administer and enforce the provisions of chapters 484A to 484E, inclusive, of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to NRS 480.360 and any other specific statute.

      3.  The Division of Emergency Management shall execute, administer and enforce the provisions of chapter 414 of NRS and sections 2 to 24, inclusive, of this act and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 414 of NRS and sections 2 to 24, inclusive, of this act and any other specific statute.

      4.  The State Fire Marshal Division shall execute, administer and enforce the provisions of chapter 477 of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 477 of NRS and any other specific statute.

      5.  The Division of Parole and Probation shall execute, administer and enforce the provisions of chapters 176A and 213 of NRS relating to parole and probation and perform such duties and exercise such powers as may be conferred upon it pursuant to those chapters and any other specific statute.

      6.  The Capitol Police Division shall assist in the enforcement of subsection 1 of NRS 331.140.

      7.  The Training Division shall provide training to the employees of the Department.

      8.  The General Services Division shall:

      (a) Execute, administer and enforce the provisions of chapter 179A of NRS and perform such duties and exercise such powers as may be conferred upon it pursuant to chapter 179A of NRS and any other specific statute;

      (b) Provide dispatch services for the Department and other agencies as determined by the Director;

      (c) Maintain records of the Department as determined by the Director; and

      (d) Provide support services to the Director, the divisions of the Department and the Nevada Criminal Justice Information System as may be imposed by the Director.

      Sec. 30.  As soon as practicable after July 1, 2015, the Chief of the Division of Emergency Management of the Department of Public Safety shall appoint the members of the Intrastate Mutual Aid Committee created by section 16 of this act. In appointing the members, the Chief shall select:

      1.  An even number of the members to serve initial terms of 1 year; and

      2.  An odd number of the members to serve initial terms of 2 years.

      Sec. 31.  This act becomes effective on July 1, 2015.

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CHAPTER 70, AB 131

Assembly Bill No. 131–Assemblymen O’Neill, Wheeler, Kirner; Armstrong, Ellison and Moore

 

CHAPTER 70

 

[Approved: May 14, 2015]

 

AN ACT relating to motor vehicles; revising the procedures by which certain males authorize the Department of Motor Vehicles to register them with the Selective Service System as required by federal law; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, any male who is: (1) a citizen of the United States or an immigrant; and (2) at least 18 years of age but less than 26 years of age, when applying to the Department of Motor Vehicles for a driver’s license, commercial driver’s license, identification card, instruction permit, restricted license or special restricted license or for a duplicate or the renewal or reinstatement of such a license, permit or card, may authorize the Department to register him with the Selective Service System in compliance with federal law. (NRS 483.294, 483.855, 483.937; Section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended) Sections 1-3 of this bill provide that submission of an application for a driver’s license, commercial driver’s license, identification card, instruction permit, restricted license, special restricted license or driver authorization card or for a duplicate or the renewal or reinstatement of such a license, permit or card, to the Department by any eligible male authorizes the Department to register him with the Selective Service System unless the applicant has checked a box provided on the application indicating that he is not required to register pursuant to federal law. The application must inform the applicant that, unless he has checked the box to indicate that he is not required to register, submission of the application indicates that the applicant either has already registered with the Selective Service System or that he is authorizing the Department to forward to the Selective Service System the necessary information for such registration. This bill becomes effective: (1) upon passage and approval, for administrative purposes; and (2) for all other purposes, on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that the Department possesses sufficient resources to carry out the amendatory provisions of this act.

 

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 483.294 is hereby amended to read as follows:

      483.294  1.  [When] Except as otherwise provided in subsection 3, when applying for a driver’s license, an instruction permit, a restricted license , [or] a special restricted license or a driver authorization card or for a duplicate or the renewal or reinstatement of such a license , [or] permit [,] or card, a male applicant who is:

      (a) A citizen of the United States or an immigrant; and

      (b) At least 18 years of age but less than 26 years of age,

Ê [may authorize] authorizes the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

 


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      2.  An application for a driver’s license, an instruction permit, a restricted license , [or] a special restricted license or a driver authorization card or for a duplicate or substitute or the renewal or reinstatement of such a license , [or] permit or card must [include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also] inform [the] an applicant described in subsection 1 that [by] :

      (a) Unless the applicant has checked the box described in subsection 3, submission of the application indicates that the applicant has already registered with the Selective Service System in compliance with federal law or that he is authorizing the Department to forward to the Selective Service System the necessary information for such registration; and

      (b) By registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.

      3.  [If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the] An application for a driver’s license, instruction permit, restricted license, special restricted license or driver authorization card, or for a duplicate or substitute or the renewal or reinstatement of such a license, permit or card, must include a box which may be checked by a male applicant who is at least 18 years of age but less than 26 years of age to indicate that the applicant is not required to register with the Selective Service System pursuant to the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

      4.  The Department shall forward [that] the necessary personal information of any eligible applicant to the Selective Service System in an electronic format.

      Sec. 2. NRS 483.855 is hereby amended to read as follows:

      483.855  1.  [When] Except as otherwise provided in subsection 3, when applying for an identification card or for a duplicate or the renewal of such a card, a male applicant who is:

      (a) A citizen of the United States or an immigrant; and

      (b) At least 18 years of age but less than 26 years of age,

Ê [may authorize] authorizes the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

      2.  An application for an identification card or for a duplicate or the renewal of such a card must [include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also] inform [the] an applicant described in subsection 1 that [by] :

      (a) Unless the applicant has checked the box described in subsection 3, submission of the application indicates that the applicant has already registered with the Selective Service System in compliance with federal law or that he is authorizing the Department to forward to the Selective Service System the necessary information for such registration; and

 


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      (b) By registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.

      3.  [If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the] An application for an identification card, or for a duplicate or the renewal of such a card, must include a box which may be checked by a male applicant who is at least 18 years of age but less than 26 years of age to indicate that the applicant is not required to register with the Selective Service System pursuant to the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

      4.  The Department shall forward [that] the necessary personal information of any eligible applicant to the Selective Service System in an electronic format.

      Sec. 3. NRS 483.937 is hereby amended to read as follows:

      483.937  1.  [When] Except as otherwise provided in subsection 3, when applying for a commercial driver’s license or for a duplicate or the renewal or reinstatement of such a license, a male applicant who is:

      (a) A citizen of the United States or an immigrant; and

      (b) At least 18 years of age but less than 26 years of age,

Ê [may authorize] authorizes the Department to register him with the Selective Service System in compliance with section 3 of the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

      2.  An application for a commercial driver’s license or for a duplicate or the renewal or reinstatement of such a license must [include a box which may be checked by an applicant described in subsection 1 to authorize the Department to submit the necessary personal information to the Selective Service System to register the applicant in compliance with federal law. The application must also] inform [the] an applicant described in subsection 1 that [by] :

      (a) Unless the applicant has checked the box described in subsection 3, submission of the application indicates that the applicant has already registered with the Selective Service System in compliance with federal law or that he is authorizing the Department to forward to the Selective Service System the necessary information for such registration; and

      (b) By registering with the Selective Service System in compliance with federal law, the applicant remains eligible for federal student loans, grants, benefits relating to job training, most federal jobs and, if applicable, citizenship in the United States.

      3.  [If an applicant indicates on his application that he wishes the Department to forward the necessary personal information to the Selective Service System, the] An application for a commercial driver’s license, or for a duplicate or the renewal or reinstatement of such a license, must include a box which may be checked by a male applicant who is at least 18 years of age but less than 26 years of age to indicate that the applicant is not required to register with the Selective Service System pursuant to the Military Selective Service Act, 50 U.S.C. App. §§ 451 et seq., as amended.

      4.  The Department shall forward [that] the necessary personal information of any eligible applicant to the Selective Service System in an electronic format.

 


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      Sec. 4.  As soon as practicable, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 5.  This act becomes effective:

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

      2.  For all other purposes, on the date on which the Director of the Department of Motor Vehicles, pursuant to section 4 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act.

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CHAPTER 71, AB 188

Assembly Bill No. 188–Assemblyman Carrillo

 

CHAPTER 71

 

[Approved: May 14, 2015]

 

AN ACT relating to motor vehicles; providing certain limitations on the headlamps on certain vehicles; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, every motor vehicle other than a motorcycle or moped must be equipped with at least two headlamps, and every motorcycle or moped must be equipped with at least one headlamp. (NRS 484D.110, 486.281) The lowermost distribution of light, commonly known as “low beam,” from such headlamps on a motor vehicle other than a motorcycle or moped must be so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead, and the uppermost distribution of light, commonly known as “high beam,” from such headlamps must be so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least 350 feet ahead. (NRS 484D.210) Finally, whenever a motor vehicle equipped with headlamps is also equipped with any auxiliary lamps, spot lamps or any other lamp on the front projecting a beam of intensity greater than 300 candle power, not more than a total of four of any such lamps may be lighted at one time when upon a highway. (NRS 484D.220) Under existing federal law, a “high-intensity discharge lamp” is defined to mean an electric-discharge lamp in which: (1) the light-producing arc is stabilized by the arc tube wall temperature; and (2) the arc tube wall loading is in excess of 3 watts per square centimeter. (10 C.F.R. § 431.282)

      Section 1 of this bill provides that, to the extent not preempted by federal law, a motor vehicle may be equipped with high-intensity discharge headlamps provided that such headlamps have a correlated color temperature of not less than 5,000 kelvins and not more than 6,000 kelvins. Section 2 of this bill provides the same limitations on the headlamp or headlamps on a motorcycle or moped. A violation of these new limitations is a misdemeanor under existing law. (NRS 484A.900, 486.381)

 


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ê2015 Statutes of Nevada, Page 299 (Chapter 71, AB 188)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 484D.220 is hereby amended to read as follows:

      484D.220  1.  At all times specified in NRS 484D.100, a lighted headlamp or headlamps meeting the requirements of NRS 484D.110 shall be displayed on a motor vehicle except when the vehicle is parked.

      2.  Whenever a motor vehicle equipped with headlamps is also equipped with any auxiliary lamps, spot lamp or any other lamp on the front projecting a beam of intensity greater than 300 candle power, not more than a total of four of any such lamps may be lighted at one time when upon a highway.

      3.  A motor vehicle may be equipped with headlamps that are high-intensity discharge lamps if such headlamps have a correlated color temperature of not less than 5,000 kelvins and not more than 6,000 kelvins.

      4.  The provisions of subsection 3 do not apply to the extent preempted by federal law.

      5.  As used in this section, “high-intensity discharge lamp” has the meaning ascribed to it in 10 C.F.R. § 431.282.

      Sec. 2. NRS 486.281 is hereby amended to read as follows:

      486.281  1.  Every motorcycle or moped shall be equipped with at least one and not more than two head lamps.

      2.  Every such head lamp on a motorcycle shall be located at a height of not more than 54 inches nor less than 24 inches from the ground as measured from the center of the lamp to the level ground upon which such motorcycle stands without a load.

      3.  A motorcycle or moped may be equipped with one or two headlamps that are high-intensity discharge lamps if each such headlamp has a correlated color temperature of not less than 5,000 kelvins and not more than 6,000 kelvins.

      4.  The provisions of subsection 3 do not apply to the extent preempted by federal law.

      5.  As used in this section, “high-intensity discharge lamp” has the meaning ascribed to it in 10 C.F.R. § 431.282.

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ê2015 Statutes of Nevada, Page 300ê

 

CHAPTER 72, AB 194

Assembly Bill No. 194–Assemblymen Swank, Hickey, Carrillo; Araujo, Armstrong, Bustamante Adams, Diaz, Dickman, Flores, Neal, O’Neill, Spiegel, Sprinkle and Thompson

 

CHAPTER 72

 

[Approved: May 14, 2015]

 

AN ACT relating to historic preservation; revising the definition of “historic” for the purposes of the provisions relating to the preservation of prehistoric and historic sites; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the preservation of prehistoric and historic sites. Pursuant to these provisions: (1) a permit is required to investigate, explore or excavate an historic or prehistoric site on federal or state lands or remove any object from such a site; and (2) vandalizing any historic or prehistoric site is a criminal offense. (NRS 381.197, 381.225) For the purposes of these provisions, existing law defines “historic” to mean after the middle of the 18th century. (NRS 381.195) This bill revises this definition to limit the term to 50 years before the current 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. NRS 381.195 is hereby amended to read as follows:

      381.195  As used in NRS 381.195 to 381.227, inclusive:

      1.  “Historic” means [after] from the middle of the 18th century [.] until 50 years before the current year.

      2.  “Historic site” means a site, landmark or monument of historical significance pertaining to the history of the settlement of Nevada, or Indian campgrounds, shelters, petroglyphs, pictographs and burials.

      3.  “Museum Director” means the Museum Director of the Nevada State Museum.

      4.  “Prehistoric” means before the middle of the 18th century.

      5.  “Prehistoric site” means any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

      Sec. 2.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 301ê

 

CHAPTER 73, AB 202

Assembly Bill No. 202–Assemblyman Hansen

 

CHAPTER 73

 

[Approved: May 14, 2015]

 

AN ACT relating to the acquisition of real property by a county; authorizing a board of county commissioners to enter into certain real estate transactions with the Federal Government under certain circumstances; authorizing the State Land Registrar to transfer certain real property owned by the State of Nevada to Mineral County without consideration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a board of county commissioners to apply for and accept grants of rights-of-way, permits, leases and patents over, upon, under or through any land or interest in land owned by the United States pursuant to Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. §§ 1761-1771), the Recreation and Public Purposes Act (43 U.S.C. §§ 869-869-4) and the Southern Nevada Public Land Management Act of 1998 (Pub. L. No. 105-263). (NRS 244.277) Section 1 of this bill authorizes a board of county commissioners to apply for and accept grants of rights-of-way, permits, leases and patents over, upon, under or through any land or interest in land owned by the United States pursuant to any applicable federal law or regulation.

      Existing law authorizes the State Land Registrar to transfer land owned by the State of Nevada under certain circumstances. (NRS 321.003) Sections 2 and 3 of this bill authorize the State Land Registrar to transfer property that was formerly the site of the National Guard Armory in Hawthorne to Mineral County, without consideration, and requires Mineral County to pay the costs relating to the transfer.

 

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 244.277 is hereby amended to read as follows:

      244.277  The board of county commissioners may apply for and accept:

      1.  Grants of rights-of-way, permits, leases and patents and subsequent renewals of grants of rights-of-way, permits, leases and patents over, upon, under or through any land or interest in land owned by the United States and administered by the Secretary of the Interior through the Bureau of Land Management and by the Secretary of Agriculture with respect to lands within the National Forest System, pursuant to [Title V of the Federal Land Policy and Management Act of 1976, 43 U.S.C. §§ 1761-1771, the Recreation and Public Purposes Act, 43 U.S.C. §§ 869-869-4, and the Southern Nevada Public Land Management Act of 1998, Public Law 105-263;] any applicable federal law or regulation; and

      2.  Special use permits for parks, forests and public property owned by the United States and administered by the Secretary of Agriculture, through the United States Forest Service, pursuant to Title 16 of the United States Code and 36 C.F.R. Part 251,

 


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ê2015 Statutes of Nevada, Page 302 (Chapter 73, AB 202)ê

 

Ê and in connection therewith may indemnify the United States and may comply with federal regulations and stipulations consistent with the federal statutes and regulations set forth in this section or any other applicable federal statute or regulation.

      Sec. 2.  The State Land Registrar may, without consideration, transfer to Mineral County all the interest of the State of Nevada in the real property described in section 3 of this act. Mineral County shall pay the costs relating to the transfer of the real property.

      Sec. 3.  The real property that the State Land Registrar is authorized to transfer to Mineral County pursuant to section 2 of this act is described as follows:

 

       A part of the Northwest Quarter (NW 1/4) of Section 27, Township 8 North, Range 30 East, described as follows: “Beginning at the NW Cor., from which the NW Cor. of Sec. 27, T. 8 N., R. 30 E. M.D.M. bears N. 0°22′ E. 664.2 ft. and running thence East 223.6 ft. to the NE Cor., thence South 500.0 ft. to the SE Cor., thence West 226.8 ft. to the SW Cor., thence North 500.0 ft. to the NW Cor. and place of beginning.” as delineated on the official plat of the Town of Hawthorne, County of Mineral, State of Nevada, as the same appears of record in the office of the Recorder of said Mineral County. The area contains 2.58 acres, more or less.

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

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CHAPTER 74, AB 415

Assembly Bill No. 415–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 74

 

[Approved: May 14, 2015]

 

AN ACT relating to water; revising provisions relating to the use of water on certain lands in a federal reclamation project; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a water right is generally considered to be appurtenant to, or belong to, the land where it is used. Existing law provides that a surface water right acquired by a water user in a federal reclamation project is considered under certain circumstances to be appurtenant to an entire farm rather than particular land within the farm. In this context, a “farm” is defined to be a tract of land that is under the same ownership and primarily used for agricultural purposes. (NRS 533.040) This bill revises the definition to include two or more tracts of land that are owned or leased by the same person and are primarily used for agricultural purposes, regardless of whether the tracts are contiguous to one another.

 


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ê2015 Statutes of Nevada, Page 303 (Chapter 74, AB 415)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 533.040 is hereby amended to read as follows:

      533.040  1.  Except as otherwise provided in this section, any water used in this State for beneficial purposes shall be deemed to remain appurtenant to the place of use.

      2.  If at any time it is impracticable to use water beneficially or economically at the place to which it is appurtenant, the right may be severed from the place of use and be simultaneously transferred and become appurtenant to another place of use, in the manner provided in this chapter, without losing priority of right.

      3.  The provisions of this section do not apply to a ditch or canal company that appropriates water for diversion and transmission to the lands of private persons for an annual charge.

      4.  For the purposes of this section, a surface water right acquired by a water user in a federal reclamation project may be considered appurtenant to an entire farm, instead of specifically identifiable land within that farm, upon the granting of a permit for the change of place of use by the State Engineer which designates the place of use as the entire farm. The quantity of water available for use on that farm must not exceed the total amount determined by applicable decrees as designated in the permit granted by the State Engineer.

      5.  For the purposes of this section, a water right acquired for watering livestock by a person who owns, leases or otherwise possesses a legal or proprietary interest in the livestock being watered is appurtenant to:

      (a) The land on which the livestock is watered if the land is owned by the person who possesses a legal or proprietary interest in the livestock; or

      (b) Other land which is located in this State, is benefited by the livestock being watered and is capable of being used in conjunction with the livestock operation of the person who owns the land if that land is owned by the person who possesses the legal or proprietary interest in the livestock being watered.

      6.  The provisions of subsection 5 must not be construed:

      (a) To impair a vested right or other existing water right established before June 12, 2003, of a person to the use of water for the purpose of watering livestock; or

      (b) To prevent any transfer of ownership of a water right for the purpose of watering livestock.

      7.  As used in this section, “farm” means a tract of land [under the same ownership] that is owned or leased by the same person and is primarily used for agricultural purposes. The term includes two or more such tracts of land, regardless of whether the tracts are contiguous to one another.

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ê2015 Statutes of Nevada, Page 304ê

 

CHAPTER 75, SB 14

Senate Bill No. 14–Committee on Health and Human Services

 

CHAPTER 75

 

[Approved: May 14, 2015]

 

AN ACT relating to public welfare; revising the membership of the Pharmacy and Therapeutics Committee within the Department of Health and Human Services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Pharmacy and Therapeutics Committee within the Department of Health and Human Services identifies and reviews the prescription drugs which should be included on the list of preferred prescription drugs for the Medicaid program. (NRS 422.4025, 422.405) The Committee consists of at least 9 and not more than 11 members appointed by the Governor who must be health care professionals with certain knowledge and expertise. Additionally, at least one-third and not more than 51 percent of the members must be active physicians licensed to practice medicine in this State, and at least one-third but not more than 51 percent of the members must be active pharmacists registered in this State or persons in this State with a doctoral degree in pharmacy.

      This bill revises the membership of the Committee to consist of at least 5 and not more than 11 members and to eliminate the maximum limits on the number of members who may be active physicians or pharmacists or persons with a doctoral degree in pharmacy.

 

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 422.4035 is hereby amended to read as follows:

      422.4035  1.  The Director shall create a Pharmacy and Therapeutics Committee within the Department. The Committee must consist of at least [9] 5 members and not more than 11 members appointed by the Governor based on recommendations from the Director.

      2.  The Governor shall appoint to the Committee health care professionals who have knowledge and expertise in one or more of the following:

      (a) The clinically appropriate prescribing of outpatient prescription drugs that are covered by Medicaid;

      (b) The clinically appropriate dispensing and monitoring of outpatient prescription drugs that are covered by Medicaid;

      (c) The review of, evaluation of and intervention in the use of prescription drugs; and

      (d) Medical quality assurance.

      3.  At least one-third of the members of the Committee [and not more than 51 percent of the members of the Committee] must be active physicians licensed to practice medicine in this State, at least one of whom must be an active psychiatrist licensed to practice medicine in this State. At least one-third of the members of the Committee [and not more than 51 percent of the members of the Committee] must be either active pharmacists registered in this State or persons in this State with doctoral degrees in pharmacy.

 


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ê2015 Statutes of Nevada, Page 305 (Chapter 75, SB 14)ê

 

      4.  A person must not be appointed to the Committee if the person is employed by, compensated by in any manner, has a financial interest in, or is otherwise affiliated with a business or corporation that manufactures prescription drugs.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 76, SB 31

Senate Bill No. 31–Committee on Health and Human Services

 

CHAPTER 76

 

[Approved: May 14, 2015]

 

AN ACT relating to substance abuse; transferring the authority to adopt certain regulations relating to certification of detoxification technicians, facilities and programs from the Division of Public and Behavioral Health of the Department of Health and Human Services to the State Board of Health; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to adopt regulations that prescribe the requirements for continuing education for persons certified as detoxification technicians. The regulations adopted by the Division may also prescribe the fees for the certification of detoxification technicians, facilities or programs. (NRS 458.025) This bill transfers the authority to adopt such regulations from the Division to the State Board of Health.

 

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 449.00455 is hereby amended to read as follows:

      449.00455  “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the Division pursuant to paragraph (d) of subsection [4] 1 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

      Sec. 2. NRS 458.025 is hereby amended to read as follows:

      458.025  1.  The Division:

      [1.](a) Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:

      [(a)](1) A survey of the need for prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout this State.

      [(b)](2) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.

 


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ê2015 Statutes of Nevada, Page 306 (Chapter 76, SB 31)ê

 

      [(c)](3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for alcohol and drug abuse programs.

      [2.](b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in this State.

      [3.](c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

      [4.](d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the [Division] Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs.

      (e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

      2.  The [Division] State Board of Health shall adopt regulations. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

      (b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

      [5.  Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 4.]

      Sec. 3.  Notwithstanding the amendatory provisions of this act transferring the authority to adopt regulations from the Division of Public and Behavioral Health of the Department of Health and Human Services to the State Board of Health, any regulations adopted by the Division pursuant to NRS 458.025 before July 1, 2015, remain in effect and may be enforced by the Division until the Board adopts regulations to repeal or replace those regulations.

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

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ê2015 Statutes of Nevada, Page 307ê

 

CHAPTER 77, SB 55

Senate Bill No. 55–Committee on Judiciary

 

CHAPTER 77

 

[Approved: May 14, 2015]

 

AN ACT relating to criminal procedure; revising provisions governing the waiver of the right of a criminal defendant to be present during sentencing proceedings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a criminal defendant to be present during certain criminal proceedings but allows a defendant to waive the right to be present for sentencing proceedings if the offense is not punishable by death and the defendant is incarcerated in another jurisdiction at the time of sentencing. For such a waiver to be valid, it must be made in a certain manner and meet certain requirements. (NRS 178.388) This bill adds the requirement that such a waiver be accompanied by the defendant’s waiver of all procedures related to extradition from the other jurisdiction. By waiving these procedures, the defendant will be returned without a warrant to complete any portion of the sentence left to be served in this State upon release from incarceration in the other state.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 178.388 is hereby amended to read as follows:

      178.388  1.  Except as otherwise provided in this title, the defendant must be present at the arraignment, at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence. A corporation may appear by counsel for all purposes.

      2.  In prosecutions for offenses not punishable by death:

      (a) The defendant’s voluntary absence after the trial has been commenced in the defendant’s presence must not prevent continuing the trial to and including the return of the verdict.

      (b) If the defendant was present at the trial through the time the defendant pleads guilty or guilty but mentally ill or is found guilty or guilty but mentally ill but at the time of sentencing is incarcerated in another jurisdiction, the defendant may waive the right to be present at the sentencing proceedings and agree to be sentenced in this State in his or her absence. The defendant’s waiver is valid only if it is:

             (1) Made knowingly, intelligently and voluntarily after consulting with an attorney licensed to practice in this State;

             (2) Signed and dated by the defendant and notarized by a notary public or judicial officer; [and]

             (3) Signed and dated by the defendant’s attorney after it has been signed by the defendant and notarized [.] ; and

             (4) Accompanied by a waiver of the issuance and service of a warrant of arrest and all other procedures incidental to extradition proceedings.

 


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ê2015 Statutes of Nevada, Page 308 (Chapter 77, SB 55)ê

 

      3.  In prosecutions for offenses punishable by fine or by imprisonment for not more than 1 year, or both, the court, with the written consent of the defendant, may permit arraignment, plea, trial and imposition of sentence in the defendant’s absence, if the court determines that the defendant was fully aware of the applicable constitutional rights when the defendant gave consent.

      4.  The presence of the defendant is not required at the arraignment or any preceding stage if the court has provided for the use of a closed-circuit television to facilitate communication between the court and the defendant during the proceeding. If closed-circuit television is provided for, members of the news media may observe and record the proceeding from both locations unless the court specifically provides otherwise.

      5.  The defendant’s presence is not required at the settling of jury instructions.

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CHAPTER 78, SB 2

Senate Bill No. 2–Senator Gustavson

 

CHAPTER 78

 

[Approved: May 14, 2015]

 

AN ACT relating to vehicles; increasing the maximum speed at which a person may drive or operate a vehicle; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it unlawful for a person to drive or operate a vehicle of any kind at certain speeds in certain conditions and, in any event, at a rate of speed greater than 75 miles per hour. (NRS 484B.600) Existing law also allows the Department of Transportation to establish a speed limit on the highways it constructs or maintains of not more than 75 miles per hour. (NRS 484B.613) Sections 1 and 2 of this bill increase the maximum speed at which a person may drive or operate a vehicle from 75 miles per hour to 80 miles per hour, subject to the existing limitations.

      Existing law provides further for the imposition of a limited $25 fine for certain speeding violations that are within certain incremental parameters. (NRS 484B.617) Section 3 of this bill expands the incremental parameters up to 85 miles per hour.

 

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 484B.600 is hereby amended to read as follows:

      484B.600  1.  It is unlawful for any person to drive or operate a vehicle of any kind or character at:

      (a) A rate of speed greater than is reasonable or proper, having due regard for the traffic, surface and width of the highway, the weather and other highway conditions.

      (b) Such a rate of speed as to endanger the life, limb or property of any person.

 


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ê2015 Statutes of Nevada, Page 309 (Chapter 78, SB 2)ê

 

      (c) A rate of speed greater than that posted by a public authority for the particular portion of highway being traversed.

      (d) In any event, a rate of speed greater than [75] 80 miles per hour.

      2.  If, while violating any provision of subsection 1, the driver of a motor vehicle is the proximate cause of a collision with a pedestrian or a person riding a bicycle, the driver is subject to the additional penalty set forth in subsection 4 of NRS 484B.653.

      3.  A person who violates any provision of subsection 1 may be subject to the additional penalty set forth in NRS 484B.130.

      Sec. 2. NRS 484B.613 is hereby amended to read as follows:

      484B.613  1.  The Department of Transportation may establish the speed limits for motor vehicles on highways which are constructed and maintained by the Department of Transportation under the authority granted to it by chapter 408 of NRS.

      2.  Except as otherwise provided by federal law, the Department of Transportation may establish a speed limit on such highways not to exceed [75] 80 miles per hour and may establish a lower speed limit:

      (a) Where necessary to protect public health and safety.

      (b) For trucks, overweight and oversized vehicles, trailers drawn by motor vehicles and buses.

      3.  A person who violates any speed limit established pursuant to this section may be subject to the additional penalty set forth in NRS 484B.130.

      Sec. 3. NRS 484B.617 is hereby amended to read as follows:

      484B.617  1.  Except as otherwise provided in subsection 3, a person driving a motor vehicle during the hours of daylight at a speed in excess of the speed limit posted by a public authority for the portion of highway being traversed shall be punished by a fine of $25 if:

      (a) The posted speed limit is 60 miles per hour and the person is not exceeding a speed of 70 miles per hour.

      (b) The posted speed limit is 65 miles per hour and the person is not exceeding a speed of 75 miles per hour.

      (c) The posted speed limit is 70 miles per hour and the person is not exceeding a speed of 75 miles per hour.

      (d) The posted speed limit is 75 miles per hour and the person is not exceeding a speed of 80 miles per hour.

      (e) The posted speed limit is 80 miles per hour and the person is not exceeding a speed of 85 miles per hour.

      2.  A violation of the speed limit under any of the circumstances set forth in subsection 1 must not be recorded by the Department on a driver’s record and shall not be deemed a moving traffic violation.

      3.  The provisions of this section do not apply to a violation specified in subsection 1 that occurs in a county whose population is 100,000 or more if the portion of highway being traversed is in:

      (a) An urban area; or

      (b) An area which is adjacent to an urban area and which has been designated by the public authority that established the posted speed limit for the portion of highway being traversed as an area that requires strict observance of the posted speed limit to protect public health and safety.

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ê2015 Statutes of Nevada, Page 310ê

 

CHAPTER 79, SB 66

Senate Bill No. 66–Committee on Government Affairs

 

CHAPTER 79

 

[Approved: May 14, 2015]

 

AN ACT relating to local government planning; revising provisions relating to agreements for the development of land entered into between the governing body of a local government and one or more persons having a legal or equitable interest in the land; establishing a procedure for the amendment or cancellation of such an agreement by the governing body; revising provisions governing the contents and scope of such an agreement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of a local government to enter into an agreement for the development of land with one or more persons who hold a legal or equitable interest in the land. (NRS 278.0201-278.0207) Section 2 of this bill defines the term “undeveloped land” and section 6 of this bill revises the definition of the terms “infrastructure” and “public facilities” for the purpose of such agreements. Section 8 of this bill revises the scope and contents of an agreement for the development of land.

      Existing law provides that an agreement for the development of land may establish a deadline by which construction must commence and may provide for an extension of that deadline. The extended deadline is itself subject to an extension by the governing body under certain circumstances. (NRS 278.0201) Section 8 eliminates the authority to extend such a deadline.

      Existing law provides for the amendment or cancellation of an agreement for the development of land by mutual consent of the parties to the agreement or their successors in interest. Existing law also authorizes the governing body to amend or cancel the agreement without the consent of the other parties to the agreement under certain circumstances. (NRS 278.0205) Section 4 of this bill provides that, under certain circumstances, the governing body must give notice and an opportunity for a party in breach to cure the breach. Sections 4 and 9 of this bill require a governing body that proposes unilaterally to amend or cancel an agreement to hold a public hearing before taking such action. Section 4 provides that any person having a legal or equitable interest in the land subject to the agreement or any other interested person may present oral or written testimony at the hearing. Section 4 requires the governing body to consider all the testimony presented at the hearing.

      Sections 5, 7 and 10-17 of this bill make conforming changes.

 

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 278 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. “Undeveloped land” means land in its unused, natural or reclaimed state and on which little or no infrastructure exists.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. 1.  If a governing body makes a determination described in paragraph (b) of subsection 1 of NRS 278.0205, before the governing body may amend or cancel an agreement for development of land entered into pursuant to NRS 278.0201 without the consent of the other parties to the agreement or their successors in interest, the governing body must hold a public hearing concerning the proposed amendment to or cancellation of the agreement that complies with the provisions of this section.

 


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pursuant to NRS 278.0201 without the consent of the other parties to the agreement or their successors in interest, the governing body must hold a public hearing concerning the proposed amendment to or cancellation of the agreement that complies with the provisions of this section. Not less than 60 days’ notice of the date and time of the public hearing must be given to the parties to the agreement or their successors in interest and any property owner of record that is subject to the agreement.

      2.  On the date and at the time and place fixed for the hearing, any person having a legal or equitable interest in the land or any other interested person may give oral or written testimony to the governing body concerning the proposed amendment to or cancellation of the agreement.

      3.  The governing body shall consider all the testimony presented at the hearing and any other relevant information presented at the hearing and, after the conclusion of the hearing, make a determination concerning whether to amend or cancel the agreement.

      4.  Any complaint, protest or objection to:

      (a) The proposed amendment to or cancellation of the agreement;

      (b) The effect of the proposed amendment to or cancellation of the agreement on the zoning or entitlements related to the property that is subject to the agreement; or

      (c) The regularity, validity or correctness of any proceedings relating to or actions taken with respect to the hearing on or before the date of the hearing,

Ê shall be deemed waived unless presented at the hearing or received in writing by the clerk of the governing body at least 3 business days before the date of the hearing.

      Sec. 5. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 278.0157 is hereby amended to read as follows:

      278.0157  “Infrastructure” or “public facilities” means facilities and the structure or network used for the delivery of goods, services and public safety. The term includes, without limitation, communications facilities, facilities for the transmission and distribution of electricity and natural gas, water [,] systems, sanitary sewer [,] systems, storm sewer [, street,] systems, streets and roads, traffic control systems, sidewalks, parks [,] and trails, recreational facilities, fire, police and flood protection [.] and all related appurtenances, equipment and employee costs.

      Sec. 7. NRS 278.016 is hereby amended to read as follows:

      278.016  “Local ordinance” means an ordinance enacted by the governing body of any city or county, pursuant to the powers granted in NRS 278.010 to 278.630, inclusive [.] , and sections 2, 3 and 4 of this act.

      Sec. 8. NRS 278.0201 is hereby amended to read as follows:

      278.0201  1.  In the manner prescribed by ordinance, a governing body may, upon application of any person having a legal or equitable interest in land, enter into an agreement with that person concerning the development of that land. [This agreement must describe]

      2.  An agreement entered into pursuant to this section:

 


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      (a) Must contain provisions:

             (1) Describing the land which is the subject of the agreement [and specify] ;

             (2) Specifying the duration of the agreement [, the] ;

             (3) Specifying what events will constitute breach of the agreement; and

             (4) Providing periods during which any breach may be cured; and

      (b) May contain provisions specifying or relating to:

             (1) The permitted uses of the land [, the] ;

             (2) The density or intensity of [its use,] the use of the land;

             (3) The maximum height and size of [the] any proposed buildings ; [and any provisions for the]

             (4) The reservation or dedication of any portion of the land for public use [. The agreement may fix the period within which construction must commence and provide for an extension of that deadline.

      2.  For an agreement entered into for the residential or commercial development of land, the governing body may extend, beyond the original deadline and beyond any extension of that deadline pursuant to subsection 1, the period within which construction must commence if the person:

      (a) Applies for an extension before July 1, 2013, subject to any applicable ordinances adopted by the governing body;

      (b) Demonstrates to the satisfaction of the governing body that:

             (1) Financing for the residential or commercial project is not available; and

             (2) The land will be leased for a renewable energy generation project; and

      (c) Submits with his or her application for an extension an affidavit showing that due diligence has been used to obtain financing for the residential or commercial project. The affidavit must include, without limitation, evidence that:

             (1) The project was denied financing by at least two lenders; or

             (2) The person was unable to issue bonds or other securities to finance the project.

      3.  An agreement must not be extended pursuant to subsection 2:

      (a) For more than 15 years after the original deadline or, if the deadline is extended pursuant to subsection 1, after that extension; or

      (b) If the land ceases to be leased for a renewable energy generation project, after the period established pursuant to subsection 4.

      4.  If a governing body extends a deadline pursuant to subsection 2, the governing body shall establish the maximum duration of the period for which the agreement will remain valid if the land is no longer leased for a renewable energy generation project.

      5.] or for the payment of fees in lieu thereof;

             (5) The protection of environmentally sensitive lands;

             (6) The preservation and restoration of historic structures;

             (7) The phasing or timing of construction or development on the land, including, without limitation, the dates on which all or any part of the construction or development must commence and be completed, and the terms on which any deadline may be extended;

             (8) The conditions, terms, restrictions and requirements for infrastructure on the land and the financing of the public infrastructure by a person having a legal or equitable interest in the land;

 


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             (9) The conditions, terms, restrictions and requirements for annexation of land by the city or county and the phasing or timing of annexation by the city or county;

             (10) The conditions, terms, restrictions and requirements relating to the intent of the governing body to include the land in an improvement district created pursuant to chapter 271 of NRS;

             (11) A schedule of fees and charges; and

             (12) Any other matters relating to the development of the land.

      3.  Unless the agreement otherwise provides and except as otherwise provided in subsection [7,] 4, the ordinances, resolutions or regulations applicable to that land and governing the permitted uses of that land, density and standards for design, improvements and construction are those in effect at the time the agreement is made.

      [6.]4.  This section does not prohibit the governing body from adopting new ordinances, resolutions or regulations applicable to that land which do not conflict with those ordinances, resolutions and regulations in effect at the time the agreement is made, except that any subsequent action by the governing body must not prevent the development of the land as set forth in the agreement. The governing body is not prohibited from denying or conditionally approving any other plan for development pursuant to any ordinance, resolution or regulation in effect at the time of that denial or approval.

      [7.  Notwithstanding the provisions of subsection 6, if the governing body extends a deadline pursuant to subsection 2, changes to ordinances, resolutions or regulations that:

      (a) Are made after the extension is granted; and

      (b) Enforce environmental, life or safety standards against land that the governing body determines are similar to the land for which an agreement was made pursuant to this section,

Ê apply to the land for which the agreement was made.

      8.  The provisions of subsection 2 of NRS 278.315 and NRS 278.350 and 278.360 do not apply if an agreement entered into pursuant to this section contains provisions which are contrary to the respective sections.

      9.  As used in this section, “environmental, life or safety standards” includes, without limitation:

      (a) Standards and codes relating to the usage of water; and

      (b) Any specialized or uniform code related to environmental, life or safety standards.]

      Sec. 9. NRS 278.0205 is hereby amended to read as follows:

      278.0205  1.  [The] An agreement for development of land entered into pursuant to NRS 278.0201 may be amended or cancelled, in whole or in part, by [mutual] :

      (a) Mutual consent of the parties to the agreement or their successors in interest [, except that] ; or

      (b) Subject to the requirements of this section and section 4 of this act, the governing body without the consent of the other parties to the agreement or their successors in interest, if the governing body determines, upon a review of the development of the land held at least once every 24 months, [that the] that:

             (1) A party to the agreement or a successor in interest is in breach of any of the terms or conditions of the agreement [are not being complied with, it may cancel or amend the agreement without the consent of the breaching party.] and:

 


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                   (I) Any applicable period set forth in the agreement for curing the breach has passed; or

                   (II) If the agreement does not contain an applicable period for curing the breach, the governing body has provided the party in breach with notice that the party is in breach and has provided the party not less than 30 days to cure the breach; or

             (2) Any event has occurred which demonstrates that a party to the agreement or a successor in interest is unable to perform his or her duties set forth in the agreement, including, without limitation, the insolvency or bankruptcy of the party or his or her successor in interest, the appointment of a receiver for the party or his or her successor in interest or the commission of fraud by the party or his or her successor in interest.

      2.  [Notice] In addition to the notice requirement set forth in subsection 1 of section 4 of this act, notice of intention to amend or cancel any portion of the agreement must be given by publication in a newspaper of general circulation in the applicable city or county. The governing body may approve cancellation of the agreement by ordinance or approve any amendment to the agreement by ordinance if the amendment is consistent with the master plan. The original of the notice of cancellation or the amendment must be filed for recording with the county recorder or the recorder of Carson City.

      Sec. 10. NRS 278.0235 is hereby amended to read as follows:

      278.0235  No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.

      Sec. 11. NRS 278.02591 is hereby amended to read as follows:

      278.02591  1.  A governing body may establish, independently or in conjunction with another governing body, an analysis of the cost to construct infrastructure in an area which is [relatively] undeveloped land and which is likely to become developed.

      2.  The analysis of the cost to construct infrastructure in an area that is [relatively] undeveloped land must include, without limitation:

      (a) A precise description of the area, either in the form of a legal description or by reference to roadways, lakes and waterways, railroads or similar landmarks, and township, county or city boundaries;

      (b) An estimate of the expected total population of the area when the land becomes fully developed;

      (c) An assessment of the infrastructure that will be necessary to support the area when it becomes fully developed according to the master plan adopted by the governing body pursuant to NRS 278.220; and

      (d) A plan for the development of the infrastructure which includes, without limitation:

             (1) Any minimum requirements for the development of infrastructure that have been determined by the regional planning coalition;

             (2) A plan to meet the anticipated needs of the area for police and fire protection, parks, roads, regional transportation and flood control facilities when the land becomes fully developed;

 


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             (3) An estimate of the date on which each phase of the development will occur;

             (4) The manner in which the plan for the development of the infrastructure will be implemented; and

             (5) An economic analysis of the cost to plan and develop fully the infrastructure for the area.

      3.  The governing body may, if it finds that the analysis of the projected need for infrastructure is consistent with the master plan, approve the analysis by ordinance.

      4.  The governing body shall provide the necessary copies of the analysis to the regional planning coalition for review and information.

      Sec. 12. NRS 278.02598 is hereby amended to read as follows:

      278.02598  1.  A governing body may carry out the plan for infrastructure by negotiating master development agreements, independently or in conjunction with an interlocal agreement for the area.

      2.  As used in this section, “master development agreement” means a written agreement:

      (a) Between a governing body and a person who has a legal or equitable interest in land that is entered into upon the application of the person who wishes to develop that land;

      (b) To enable the governing body to distribute equitably the costs to develop infrastructure for an area of land that is [largely undeveloped;] undeveloped land; and

      (c) That is based on an analysis of the need for infrastructure that is prepared pursuant to NRS 278.02591.

      Sec. 13. NRS 278.02788 is hereby amended to read as follows:

      278.02788  1.  If a city has a sphere of influence that is designated in the comprehensive regional plan, the city shall adopt a master plan concerning the territory within the sphere of influence. The master plan and any ordinance required by the master plan must be consistent with the comprehensive regional plan. After adoption and certification of a master plan concerning the territory within the sphere of influence and after adopting the ordinances required by the master plan, if any, the city may exercise any power conferred pursuant to NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act within its sphere of influence.

      2.  If the comprehensive regional plan designates that all or part of the sphere of influence of a city is a joint planning area, the master plan and any ordinance adopted by the city pursuant to subsection 1 must be consistent with the master plan that is adopted for the joint planning area.

      3.  Before certification of the master plan for the sphere of influence pursuant to NRS 278.028, any action taken by the county pursuant to NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act within the sphere of influence of a city must be consistent with the comprehensive regional plan.

      4.  A person, county or city that is represented on the governing board and is aggrieved by a final determination of the county or, after the certification of the master plan for a sphere of influence, is aggrieved by a final determination of the city, concerning zoning, a subdivision map, a parcel map or the use of land within the sphere of influence may appeal the decision to the regional planning commission within 30 days after the determination. A person, county or city that is aggrieved by the determination of the regional planning commission may appeal the decision to the governing board within 30 days after the determination.

 


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30 days after the determination. A person, county or city that is aggrieved by the determination of the governing board may seek judicial review of the decision within 25 days after the determination.

      Sec. 14. NRS 278.160 is hereby amended to read as follows:

      278.160  1.  Except as otherwise provided in this section and NRS 278.150 and 278.170, the master plan, with the accompanying charts, drawings, diagrams, schedules and reports, may include such of the following elements or portions thereof as are appropriate to the city, county or region, and as may be made the basis for the physical development thereof:

      (a) A conservation element, which must include:

             (1) A conservation plan for the conservation, development and utilization of natural resources, including, without limitation, water and its hydraulic force, underground water, water supply, solar or wind energy, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals and other natural resources. The conservation plan must also cover the reclamation of land and waters, flood control, prevention and control of the pollution of streams and other waters, regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan, prevention, control and correction of the erosion of soils through proper clearing, grading and landscaping, beaches and shores, and protection of watersheds. The conservation plan must also indicate the maximum tolerable level of air pollution.

             (2) A solid waste disposal plan showing general plans for the disposal of solid waste.

      (b) A historic preservation element, which must include:

             (1) A historic neighborhood preservation plan which:

                   (I) Must include, without limitation, a plan to inventory historic neighborhoods and a statement of goals and methods to encourage the preservation of historic neighborhoods.

                   (II) May include, without limitation, the creation of a commission to monitor and promote the preservation of historic neighborhoods.

             (2) A historical properties preservation plan setting forth an inventory of significant historical, archaeological, paleontological and architectural properties as defined by a city, county or region, and a statement of methods to encourage the preservation of those properties.

      (c) A housing element, which must include, without limitation:

             (1) An inventory of housing conditions and needs, and plans and procedures for improving housing standards and providing adequate housing to individuals and families in the community, regardless of income level.

             (2) An inventory of existing affordable housing in the community, including, without limitation, housing that is available to rent or own, housing that is subsidized either directly or indirectly by this State, an agency or political subdivision of this State, or the Federal Government or an agency of the Federal Government, and housing that is accessible to persons with disabilities.

             (3) An analysis of projected growth and the demographic characteristics of the community.

             (4) A determination of the present and prospective need for affordable housing in the community.

             (5) An analysis of any impediments to the development of affordable housing and the development of policies to mitigate those impediments.

 


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             (6) An analysis of the characteristics of the land that is suitable for residential development. The analysis must include, without limitation:

                   (I) A determination of whether the existing infrastructure is sufficient to sustain the current needs and projected growth of the community; and

                   (II) An inventory of available parcels that are suitable for residential development and any zoning, environmental and other land-use planning restrictions that affect such parcels.

             (7) An analysis of the needs and appropriate methods for the construction of affordable housing or the conversion or rehabilitation of existing housing to affordable housing.

            (8) A plan for maintaining and developing affordable housing to meet the housing needs of the community for a period of at least 5 years.

      (d) A land use element, which must include:

             (1) Provisions concerning community design, including standards and principles governing the subdivision of land and suggestive patterns for community design and development.

             (2) A land use plan, including an inventory and classification of types of natural land and of existing land cover and uses, and comprehensive plans for the most desirable utilization of land. The land use plan:

                   (I) Must, if applicable, address mixed-use development, transit-oriented development, master-planned communities and gaming enterprise districts. The land use plan must also, if applicable, address the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

                   (II) May include a provision concerning the acquisition and use of land that is under federal management within the city, county or region, including, without limitation, a plan or statement of policy prepared pursuant to NRS 321.7355.

             (3) In any county whose population is 700,000 or more, a rural neighborhoods preservation plan showing general plans to preserve the character and density of rural neighborhoods.

      (e) A public facilities and services element, which must include:

             (1) An economic plan showing recommended schedules for the allocation and expenditure of public money to provide for the economical and timely execution of the various components of the plan.

             (2) A population plan setting forth an estimate of the total population which the natural resources of the city, county or region will support on a continuing basis without unreasonable impairment.

             (3) An aboveground utility plan that shows corridors designated for the construction of aboveground utilities and complies with the provisions of NRS 278.165.

             (4) Provisions concerning public buildings showing the locations and arrangement of civic centers and all other public buildings, including the architecture thereof and the landscape treatment of the grounds thereof.

             (5) Provisions concerning public services and facilities showing general plans for sewage, drainage and utilities, and rights-of-way, easements and facilities therefor, including, without limitation, any utility projects required to be reported pursuant to NRS 278.145. If a public utility which provides electric service notifies the planning commission that a new transmission line or substation will be required to support the master plan, those facilities must be included in the master plan.

 


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those facilities must be included in the master plan. The utility is not required to obtain an easement for any such transmission line as a prerequisite to the inclusion of the transmission line in the master plan.

             (6) A school facilities plan showing the general locations of current and future school facilities based upon information furnished by the appropriate county school district.

      (f) A recreation and open space element, which must include a recreation plan showing a comprehensive system of recreation areas, including, without limitation, natural reservations, parks, parkways, trails, reserved riverbank strips, beaches, playgrounds and other recreation areas, including, when practicable, the locations and proposed development thereof.

      (g) A safety element, which must include:

             (1) In any county whose population is 700,000 or more, a safety plan identifying potential types of natural and man-made hazards, including, without limitation, hazards from floods, landslides or fires, or resulting from the manufacture, storage, transfer or use of bulk quantities of hazardous materials. The safety plan may set forth policies for avoiding or minimizing the risks from those hazards.

             (2) A seismic safety plan consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking or to ground failures.

      (h) A transportation element, which must include:

             (1) A streets and highways plan showing the general locations and widths of a comprehensive system of major traffic thoroughfares and other traffic ways and of streets and the recommended treatment thereof, building line setbacks, and a system of naming or numbering streets and numbering houses, with recommendations concerning proposed changes.

             (2) A transit plan showing a proposed multimodal system of transit lines, including mass transit, streetcar, motorcoach and trolley coach lines, paths for bicycles and pedestrians, satellite parking and related facilities.

             (3) A transportation plan showing a comprehensive transportation system, including, without limitation, locations of rights-of-way, terminals, viaducts and grade separations. The transportation plan may also include port, harbor, aviation and related facilities.

      2.  The commission may prepare and adopt, as part of the master plan, other and additional plans and reports dealing with such other elements as may in its judgment relate to the physical development of the city, county or region, and nothing contained in NRS 278.010 to 278.630, inclusive, and sections 2, 3 and 4 of this act prohibits the preparation and adoption of any such element as a part of the master plan.

      Sec. 15. NRS 119.128 is hereby amended to read as follows:

      119.128  An exemption pursuant to this chapter is not an exemption from the provisions of NRS 278.010 to 278.630, inclusive [.] , and sections 2, 3 and 4 of this act.

      Sec. 16. NRS 119.340 is hereby amended to read as follows:

      119.340  The provisions of this chapter are in addition to and not a substitute for NRS 278.010 to 278.630, inclusive [.] , and sections 2, 3 and 4 of this act.

      Sec. 17. NRS 270.180 is hereby amended to read as follows:

      270.180  NRS 270.160 and 270.170 are intended to supplement and not to supersede the existing laws relating to the vacation of city and town plats and do not apply to land divided pursuant to NRS 278.010 to 278.630, inclusive [.]

 


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and do not apply to land divided pursuant to NRS 278.010 to 278.630, inclusive [.] , and sections 2, 3 and 4 of this act.

      Sec. 17.5.  1.  Except as otherwise provided in subsection 2, the amendatory provisions of this act apply to all agreements for the development of land that are entered into pursuant to NRS 278.0201 before, on or after July 1, 2015.

      2.  The provisions of paragraph (a) of subsection 2 of NRS 278.0201, as amended by section 8 of this act, do not apply to agreements for the development of land entered into before July 1, 2015.

      Sec. 18.  This act becomes effective on July 1, 2015.

________

CHAPTER 80, SB 85

Senate Bill No. 85–Committee on Commerce, Labor and Energy

 

CHAPTER 80

 

[Approved: May 14, 2015]

 

AN ACT relating to insurance fraud; revising the definition of “insurance fraud” to include fraudulent acts or omissions related to certain policies issued outside this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the term “insurance fraud” is broadly defined to include a wide range of activities relating to policies of insurance, including, without limitation, a knowing and willful presentation of false or misleading information material on an application for, or a claim under, a policy of insurance issued pursuant to title 57 of NRS. (NRS 686A.2815) The Attorney General has primary jurisdiction to conduct criminal investigations into and may bring a criminal prosecution for any alleged act of insurance fraud, and the Commissioner of Insurance has the authority to investigate violations of title 57 of NRS and to assist the Attorney General or other local, state or federal investigative and law enforcement agencies in investigating an act of insurance fraud, including, if necessary, conducting investigations into such activities occurring outside this State. (NRS 228.412, 679B.650) Under existing law, a person who commits insurance fraud is subject to prosecution for a category D felony and the imposition of court costs and the cost of any investigation and prosecution of the insurance fraud for which the person is convicted or to which he or she pleads guilty, guilty but mentally ill or nolo contendere. (NRS 686A.291, 686A.292) A person who commits insurance fraud is also subject to prosecution for committing a crime related to racketeering. (NRS 207.360, 207.400) This bill revises the definition of “insurance fraud” to include: (1) policies of insurance issued pursuant to title 57 of NRS by an authorized insurer; and (2) policies of insurance issued outside this State by an authorized insurer which relate to property that is located in this State at the time of the alleged fraudulent act or omission or the incident giving rise to the alleged fraudulent act or omission.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 686A.2815 is hereby amended to read as follows:

      686A.2815  1.  “Insurance fraud” means knowingly and willfully:

      [1.](a) Presenting or causing to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance . [pursuant to this title.]

      [2.](b) Presenting or causing to be presented any statement as a part of, or in support of, a claim for payment or other benefits under a policy of insurance , [issued pursuant to this title,] if the person who presents or causes the presentation of the statement knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to that claim.

      [3.](c) Assisting, abetting, soliciting or conspiring with another person to present or cause to be presented any statement to an insurer, a reinsurer, a producer, a broker or any agent thereof, if the person who assists, abets, solicits or conspires knows that the statement conceals or omits facts, or contains false or misleading information concerning any fact material to an application for the issuance of a policy of insurance [pursuant to this title] or a claim for payment or other benefits under such a policy.

      [4.](d) Acting or failing to act with the intent of defrauding or deceiving an insurer, a reinsurer, a producer, a broker or any agent thereof, to obtain a policy of insurance [pursuant to this title] or any proceeds or other benefits under such a policy.

      [5.](e) As a practitioner, an insurer or any agent thereof, acting to assist, conspire with or urge another person to commit any act or omission specified in this section through deceit, misrepresentation or other fraudulent means.

      [6.](f) Accepting any proceeds or other benefits under a policy of insurance , [issued pursuant to this title,] if the person who accepts the proceeds or other benefits knows that the proceeds or other benefits are derived from any act or omission specified in this section.

      [7.](g) Employing a person to procure clients, patients or other persons who obtain services or benefits under a policy of insurance [issued pursuant to this title] for the purpose of engaging in any act or omission specified in this section, except that such insurance fraud does not include contact or communication by an insurer or an agent or representative of the insurer with a client, patient or other person if the contact or communication is made for a lawful purpose, including, without limitation, communication by an insurer with a holder of a policy of insurance issued by the insurer or with a claimant concerning the settlement of any claims against the policy.

      [8.](h) Participating in, aiding, abetting, conspiring to commit, soliciting another person to commit, or permitting an employee or agent to commit any act or omission specified in this section.

      2.  As used in this section, “policy of insurance” means:

 


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      (a) Any policy issued in this State by an authorized insurer; and

      (b) Any policy issued outside this State by an authorized insurer which relates to property that:

             (1) Is located in this State when any act or omission specified in this section occurs; or

             (2) Was located in this State when the incident that gave rise to the act or omission specified in this section occurred.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

CHAPTER 81, SB 86

Senate Bill No. 86–Committee on Commerce, Labor and Energy

 

CHAPTER 81

 

[Approved: May 14, 2015]

 

AN ACT relating to public utilities; increasing the maximum amount of the civil penalty that may be imposed for violating certain regulations adopted by the Public Utilities Commission of Nevada; defining the term “high consequence subsurface installation”; revising the definition of the term “subsurface installation”; increasing the maximum amount of the civil penalty that may be imposed for certain violations relating to excavation or demolition near a subsurface installation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a person who violates regulations adopted by the Public Utilities Commission of Nevada in conformity with the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq., is subject to a civil penalty not to exceed $100,000 for each violation for each day that the violation persists, up to a maximum of $1,000,000 for any related series of violations. (NRS 704.595) Section 1 of this bill increases these amounts so that a person may be subject to a civil penalty not to exceed $200,000 for each violation for each day that the violation persists, with a maximum civil penalty not to exceed $2,000,000.

      Existing law provides for civil penalties that may be imposed by the Commission if a person: (1) willfully or repeatedly; or (2) negligently violates the provisions governing excavation or demolition near subsurface installations. (NRS 455.170) Section 5 of this bill increases the maximum civil penalty for a single willful or repeated violation from not more than $1,000 per day to not more than $2,500 per day, and increases the maximum civil penalty for any related series of willful or repeated violations within a calendar year from not more than $100,000 to not more than $250,000. Section 5 also increases the maximum civil penalty for a single negligent violation from not more than $200 per day to not more than $1,000 per day, and increases the maximum civil penalty for any related series of negligent violations from not more than $1,000 to not more than $50,000. Section 5 further provides additional factors for the Commission to consider when determining the amount of the penalty or the amount agreed upon in a settlement or compromise, to include: (1) the willfulness or negligence of the person charged with the violation; (2) the timeliness of the notification of the violation to the Commission by the person charged with the violation; (3) the cooperation of that person in the investigation and repair of any damage caused by the violation; and (4) whether the violation resulted in an interruption of services. Section 5 also authorizes the Commission to triple the maximum civil penalty that may be imposed for each violation that involves contact with, or occurs less than 24 horizontal inches from a high consequence subsurface installation. Section 2 of this bill defines the term “high consequence subsurface installation.”

 


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ê2015 Statutes of Nevada, Page 322 (Chapter 81, SB 86)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.595 is hereby amended to read as follows:

      704.595  1.  Any person who violates any provision of any regulation adopted by the Commission in conformity with the Natural Gas Pipeline Safety Act of 1968, as amended, 49 U.S.C. §§ 60101 et seq., or with a federal regulation adopted pursuant thereto, [shall be] is subject to a civil penalty not to exceed [$100,000] $200,000 for each violation for each day that the violation persists, but the maximum civil penalty must not exceed [$1,000,000] $2,000,000 for any related series of violations. Unless compromised, the amount of any such civil penalty must be determined by a court of competent jurisdiction.

      2.  Any civil penalty may be compromised by the Commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered.

      3.  The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sum owing by the State to the person charged or may be recovered in a civil action in any court of competent jurisdiction.

      Sec. 2.  Chapter 455 of NRS is hereby amended by adding thereto a new section to read as follows:

      “High consequence subsurface installation” means the following types of subsurface installations:

      1.  A high-pressure natural gas pipeline with a normal operating pressure greater than 100 pounds per square inch gauge;

      2.  A petroleum pipeline;

      3.  A pressurized sewage pipeline or force main;

      4.  A high-voltage electric supply line, conductor or cable that has a phase-to-phase potential of 115 kilovolts or more;

      5.  A high-capacity water pipeline that is 18 inches or more in diameter;

      6.  An optical carrier level communications line and any related facility;

      7.  A hazardous materials pipeline; or

      8.  Any other subsurface installation that if damaged will interrupt services provided by any facility or agency that provides health or safety services to the public, including, without limitation, hospitals, law enforcement agencies, armed forces, firefighting agencies, detention centers, air traffic control, emergency operation centers, telecommunication towers and water or sewer treatment plants.

      Sec. 3. NRS 455.080 is hereby amended to read as follows:

      455.080  As used in NRS 455.080 to 455.180, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 4. NRS 455.101 is hereby amended to read as follows:

      455.101  “Subsurface installation” means a pipeline, force main, supply line, conductor, conduit, cable, duct, wire, communications line, sewer line, storm drain, other drain line or other structure that is located underground.

      Sec. 5. NRS 455.170 is hereby amended to read as follows:

      455.170  1.  An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.

      2.  [Any] Except as otherwise provided in subsection 4, in addition to any other penalty provided by law, any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, and section 2 of this act is liable for a civil penalty:

      (a) Not to exceed [$1,000] $2,500 per day for each violation; and

      (b) Not to exceed [$100,000] $250,000 for any related series of violations within a calendar year.

      3.  [Any] Except as otherwise provided in subsections 2 and 4, any person who negligently violates any such provision is liable for a civil penalty:

      (a) Not to exceed [$200] $1,000 per day for each violation; and

      (b) Not to exceed [$1,000] $50,000 for any related series of violations within a calendar year.

      4.  The maximum civil penalty imposed pursuant to this section may be tripled for each violation that involves contact with, or that occurs less than 24 horizontal inches from a high consequence subsurface installation, regardless of the depth of the location of the high consequence subsurface installation. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty [must] shall be determined by the Public Utilities Commission of Nevada . [upon receipt of a complaint by the Attorney General, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.]

      5.  In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:

      (a) The gravity of the violation;

      (b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, and section 2 of this act before and after [notification of a] the violation; [and]

      (c) Any history of previous violations of [those] the provisions of NRS 455.080 to 455.180, inclusive, and section 2 of this act by the person charged with the violation [.

      6.  A] ;

      (d) The willfulness or negligence of the person charged with the violation in failing to comply with the provisions of NRS 455.080 to 455.180, inclusive, and section 2 of this act;

      (e) The timeliness of notification of the violation to the Public Utilities Commission of Nevada by the person charged with the violation;

 


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      (f) The cooperation of the person charged with the violation in the investigation and repair of any damage caused by the violation; and

      (g) Whether an interruption of services occurred as a result of the violation.

      6.  Except as otherwise provided in this subsection, a civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.

      [7.] If the Regulatory Operations Staff of the Public Utilities Commission of Nevada initiates the action, a civil penalty recovered pursuant to this section must be deposited in the State General Fund.

      7.  Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.

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

________

CHAPTER 82, SB 121

Senate Bill No. 121–Senator Brower (by request)

 

CHAPTER 82

 

[Approved: May 14, 2015]

 

AN ACT relating to motor vehicles; allowing the holders of certain special license plates which designate certain older vehicles to request that those special license plates be personalized prestige license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Department of Motor Vehicles is authorized to issue special license plates and registration certificates for: (1) certain vehicles manufactured not earlier than 1949 but at least 20 years before the application for the special plate is submitted to the Department, designating the vehicle a “classic rod”; and (2) certain vehicles manufactured at least 25 years before the application for the special plate is submitted to the Department, designating the vehicle a “classic vehicle.” (NRS 482.3814, 482.3816) Under existing law, vehicles issued plates pursuant to these sections are exempt from emissions standards under certain circumstances. (NRS 445B.760) Existing law also authorizes the Department to issue personalized prestige license plates under certain circumstances. (NRS 482.3667) This bill allows an applicant for a special license plate pursuant to NRS 482.3814 or 482.3816 to request that the license plate be a personalized prestige license plate, rather than stating “classic rod” or “classic vehicle,” if the applicant pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.3814 is hereby amended to read as follows:

      482.3814  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

 


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      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less; and

      (b) Manufactured not earlier than 1949, but at least 20 years before the application is submitted to the Department.

      2.  [License] Except as otherwise provided in subsection 3, license plates issued pursuant to this section must be inscribed with the words “CLASSIC ROD” and a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 2 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.

      4.  If, during a registration year, the holder of special plates issued pursuant to [this section] subsection 2 or 3 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [4.]5.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      [5.]6.  In addition to the fees required pursuant to subsection [4,] 5, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      [6.]7.  Fees paid to the Department pursuant to subsection [5] 6 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 2. NRS 482.3816 is hereby amended to read as follows:

      482.3816  1.  Except as otherwise provided in NRS 482.2655, the Department may issue special license plates and registration certificates to residents of Nevada for any passenger car or light commercial vehicle:

      (a) Having a manufacturer’s rated carrying capacity of 1 ton or less;

      (b) Manufactured at least 25 years before the application is submitted to the Department; and

      (c) Containing only the original parts which were used to manufacture the vehicle or replacement parts that duplicate those original parts.

      2.  [License] Except as otherwise provided in subsection 3, license plates issued pursuant to this section must be inscribed with the words “CLASSIC VEHICLE” and a number of characters, including numbers and letters, as determined necessary by the Director.

      3.  A person may request personalized prestige license plates issued pursuant to NRS 482.3667 instead of a special license plate issued pursuant to subsection 2 if that person pays the fees for the personalized prestige license plates in addition to the fees required pursuant to this section.

 


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ê2015 Statutes of Nevada, Page 326 (Chapter 82, SB 121)ê

 

      4.  If, during a registration period, the holder of special plates issued pursuant to [this section] subsection 2 or 3 disposes of the vehicle to which the plates are affixed, the holder shall retain the plates and:

      (a) Affix them to another vehicle which meets the requirements of this section and report the change to the Department in accordance with the procedure set forth for other transfers; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      [4.]5.  The fee for the special license plates is $35, in addition to all other applicable registration and license fees and governmental services taxes. The fee for an annual renewal sticker is $10.

      [5.]6.  In addition to the fees required pursuant to subsection [4,] 5, the Department shall charge and collect a fee for the first issuance of the special license plates for those motor vehicles exempted pursuant to NRS 445B.760 from the provisions of NRS 445B.770 to 445B.815, inclusive. The amount of the fee must be equal to the amount of the fee for a form certifying emission control compliance set forth in paragraph (c) of subsection 1 of NRS 445B.830.

      [6.]7.  Fees paid to the Department pursuant to subsection [5] 6 must be accounted for in the Pollution Control Account created by NRS 445B.830.

      Sec. 3.  As soon as practicable, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 4.  This act becomes effective:

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

      2.  For all other purposes, on:

      (a) January 1, 2016; or

      (b) The date on which the Director of the Department of Motor Vehicles, pursuant to section 3 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act,

Ê whichever occurs later.

________

 


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ê2015 Statutes of Nevada, Page 327ê

 

CHAPTER 83, SB 142

Senate Bill No. 142–Senator Gustavson

 

Joint Sponsors: Assemblymen Fiore, Hansen, Carrillo; Dickman, Ellison, Jones, O’Neill, Oscarson, Titus and Wheeler

 

CHAPTER 83

 

[Approved: May 14, 2015]

 

AN ACT relating to motor vehicles; revising the definition of a trimobile; revising provisions governing the Account for the Program for the Education of Motorcycle Riders; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines a trimobile to mean a motor vehicle designed to travel with three wheels on the ground, two of which are power driven. (NRS 482.129, 486.057) Sections 3.3 and 3.7 of this bill revise the definition of a trimobile to provide that at least one of the wheels must be power driven and excludes from the definition a motorcycle with a sidecar.

      Existing law provides for an Account for the Program for the Education of Motorcycle Riders and authorizes the use of money from the Account to pay the expenses of the Program for the Education of Motorcycle Riders or for any other purpose authorized by the Legislature. (NRS 486.372) Section 4.5 of this bill removes the provision allowing money from the Account to be used for any other purpose authorized by the Legislature.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 3.3. NRS 482.129 is hereby amended to read as follows:

      482.129  “Trimobile” means every motor vehicle designed to travel with three wheels in contact with the ground, [two] at least one of which [are] is power driven. The term does not include a motorcycle with a sidecar.

      Sec. 3.7. NRS 486.057 is hereby amended to read as follows:

      486.057  “Trimobile” means every motor vehicle designed to travel with three wheels in contact with the ground, [two] at least one of which [are] is power driven. The term does not include a motorcycle with a sidecar.

      Sec. 4. (Deleted by amendment.)

      Sec. 4.5. NRS 486.372 is hereby amended to read as follows:

      486.372  1.  The Director shall:

      (a) Establish the Program for the Education of Motorcycle Riders.

      (b) Appoint an Administrator to carry out the Program.

      (c) Consult regularly with the Advisory Board on Motorcycle Safety concerning the content and implementation of the Program.

      (d) Approve courses of instruction provided by public or private organizations which comply with the requirements established for the Program.

      (e) Adopt rules and regulations which are necessary to carry out the Program.

 


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      2.  The Director may contract for the provision of services necessary for the Program.

      3.  The Account for the Program for the Education of Motorcycle Riders is hereby created in the State General Fund. The Director shall administer the Account.

      4.  The money in the Account for the Program for the Education of Motorcycle Riders may only be used [:

      (a) To] to pay the expenses of the Program, including reimbursement to instructors licensed pursuant to NRS 486.375 for services provided for the Program . [; or

      (b) For any other purpose authorized by the Legislature.]

      5.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      6.  Any money remaining in the Account for the Program for the Education of Motorcycle Riders at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      Sec. 5. (Deleted by amendment.)

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 84, SB 158

Senate Bill No. 158–Committee on Government Affairs

 

CHAPTER 84

 

[Approved: May 14, 2015]

 

AN ACT relating to local governments; requiring the governing body of a local government to make certain information available to the public before the governing body meets to approve a collective bargaining agreement or similar agreement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      If a local government employer is a party to a collective bargaining agreement or similar agreement, existing law requires that the agreement be approved at a public hearing by the governing body of the local government employer. (NRS 288.153) Section 1 of this bill requires that a copy of the proposed agreement and certain supporting material relating to the agreement be made available to the public not less than 3 business days before the hearing, either by posting the documents on the Internet website of the local government or, if the local government does not have such a website, by depositing the documents with the clerk of the governing body. Any document so deposited is a public record and must be open for public inspection.

      Existing law provides for the public dissemination of any supporting material provided to a public body in connection with a meeting of the body, and establishes the time within which such material must be made available to the public. (NRS 241.020) Section 2 of this bill revises those provisions to conform with the requirements of section 1.

 


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ê2015 Statutes of Nevada, Page 329 (Chapter 84, SB 158)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 288.153 is hereby amended to read as follows:

      288.153  1.  Any new, extended or modified collective bargaining agreement or similar agreement between a local government employer and an employee organization must be approved by the governing body of the local government employer at a public hearing. [The]

      2.  Not less than 3 business days before the date of the hearing, the governing body shall cause the following documents to be posted and made available for downloading on the Internet website of the local government or, if the local government does not have such a website, deposited with the clerk of the governing body:

      (a) The proposed agreement and any exhibits or other attachments to the proposed agreement;

      (b) If the proposed agreement is a modification of a previous agreement, a document showing any language added to or deleted from the previous agreement; and

      (c) Any supporting material prepared for the governing body and relating to the fiscal impact of the agreement.

      3.  Any document deposited with the clerk of the governing body pursuant to subsection 2 is a public record and must be open for public inspection pursuant to NRS 239.010.

      4.  At the hearing, the chief executive officer of the local government shall report to the governing body of the local government the fiscal impact of the agreement.

      Sec. 2. NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) The name and contact information for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection 5 and a list of the locations where the supporting material is available to the public.

      (d) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.

 


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“for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.

             (3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:

                   (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or

                   (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.

Ê The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

             (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

             (5) If, during any portion of the meeting, the public body will consider whether to take administrative action against a person, the name of the person against whom administrative action may be taken.

             (6) Notification that:

                   (I) Items on the agenda may be taken out of order;

                   (II) The public body may combine two or more agenda items for consideration; and

                   (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

             (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;

      (b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State; and

      (c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

 


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             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      5.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection 6 or 7, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

      6.  [A] Unless it must be made available at an earlier time pursuant to NRS 288.153, a copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection 5 must be:

      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection 5 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      7.  [The] Unless the supporting material must be posted at an earlier time pursuant to NRS 288.153, the governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection 5 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting.

 


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meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection 5. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.

      8.  A public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      9.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

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

________

CHAPTER 85, SB 244

Senate Bill No. 244–Senator Brower

 

CHAPTER 85

 

[Approved: May 14, 2015]

 

AN ACT relating to legal services; establishing certain requirements applicable to a contingent fee contract for legal services entered into by the Attorney General or any other officer, agency or employee of the Executive Department of the State Government; limiting the amount of the fee that may be collected by a retained attorney or law firm pursuant to such a contract; requiring the Attorney General to prepare and submit certain reports concerning such contracts; and providing other matters properly relating thereto.

 

 


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Legislative Counsel’s Digest:

      Existing law generally provides that the Attorney General and his or her deputies are the legal advisers on matters arising in the Executive Department of the State Government. Unless the Attorney General and his or her deputies are disqualified from acting in such a matter or an act of the Legislature specifically authorizes the employment of other counsel, persons in the Executive Department are prohibited from employing other counsel to represent the State or any agency in the Executive Department. (NRS 228.110) Sections 2-13 of this bill establish certain requirements governing any contract for legal services entered into by the Attorney General or any other officer, agency or employee in the Executive Department, pursuant to which a private attorney or law firm is to be paid a contingent fee. Section 6 requires, as a condition of such a contract, that the Governor determine: (1) that the Attorney General lacks the resources, skill or expertise to provide representation in the matter that is the subject of the proposed contract; and (2) that representation on a contingent fee basis is cost-effective and in the public interest. Section 6 further requires the approval of the Interim Finance Committee to commit any money for the purpose of the proposed contract.

      If the required determination and approval are made and given, section 7 provides that the provisions of existing law applicable to state contracts for the services of a person as an independent contractor are generally applicable to a request for proposals, the evaluation of proposals and the award of any contingent fee contract.

      Section 8 requires the Attorney General to retain final authority over the course and conduct of the matter that is the subject of a contingent fee contract. Section 10 requires the Attorney General to post on his or her Internet website a copy of the contract and the determination of the Governor required by section 6.

      Section 11 imposes certain recordkeeping requirements on any attorney or law firm retained pursuant to a contingent fee contract and requires the periodic submission of billing statements to the Attorney General and any other officer, agency or employee represented in the matter, describing the work performed and the time spent in performing it. Section 11 also provides that the billing statements and other records are public records.

      Section 12 limits the amount of the fee to which a retained attorney or law firm is entitled under a contingent fee contract. The fee allowed varies with the amount of the recovery and a cap is imposed on the total fee payable in any matter. After any payment of fees is made, section 13 requires the Attorney General to post on his or her Internet website a record of the payment.

      Section 14 of this bill requires the Attorney General annually to prepare and submit a report to the Director of the Legislative Counsel Bureau, setting forth certain information about contingent fee contracts in effect during the period covered by the report.

 

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 228 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, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Contingent fee contract” or “contract” means a contract for legal services entered into by or at the request of the Attorney General, pursuant to which:

 


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      1.  Legal services are provided by an attorney or law firm engaged in the private practice of law to the State of Nevada or any officer, agency or employee in the Executive Department of the State Government; and

      2.  The fee of the attorney or law firm is payable, in whole or in part, from any money recovered in the matter that is the subject of the contract.

      Sec. 4. “Matter” means an action or other proceeding involving one or more claims asserted by one or more plaintiffs and presenting common questions of law or fact.

      Sec. 5. “Retained attorney or law firm” means an attorney or law firm that is a party to a contingent fee contract.

      Sec. 6. 1.  The Attorney General or any other officer, agency or employee in the Executive Department of the State Government shall not enter into a contingent fee contract unless:

      (a) The Governor, in consultation with the Attorney General, has determined in writing:

             (1) That the Attorney General lacks the resources, skill or expertise to provide representation in the matter that is the subject of the proposed contract; and

             (2) That representation pursuant to a contingent fee contract is cost-effective and in the public interest; and

      (b) The proposed contract complies with the requirements of sections 2 to 14, inclusive, of this act.

      2.  Before entering into a contingent fee contract, the Attorney General or other officer, agency or employee, as applicable, must obtain approval from the Interim Finance Committee to commit money for that purpose.

      Sec. 7. 1.  If the determination and approval required by section 6 of this act are made and given, the Attorney General shall request the Administrator of the Purchasing Division of the Department of Administration to advertise for proposals to provide legal services pursuant to the proposed contingent fee contract.

      2.  Except as otherwise provided in this subsection, the provisions of chapter 333 of NRS apply to a request for proposals, the evaluation of proposals and the award of any contingent fee contract. The provisions of subsections 7 and 9 of NRS 333.700 are not applicable to a proposed contingent fee contract.

      Sec. 8. The following conditions apply to a contingent fee contract during the term of the contract and any renewal or extension of the contract:

      1.  The Attorney General must retain final authority over the course and conduct of the matter that is the subject of the contingent fee contract, including, without limitation:

      (a) The authority to override any decision made by the retained attorney or law firm; and

      (b) The sole authority to agree to any settlement or voluntary dismissal of the matter.

      2.  Subject to the authority of the Attorney General, a deputy of the Attorney General must have supervisory authority over the conduct of the matter that is the subject of the contingent fee contract. The deputy shall attend any settlement conference or mediation conducted in the matter.

      3.  The contingent fee contract must not limit the right of any attorney for an opposing party in the matter that is the subject of the contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.

 


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contract to communicate directly with the Attorney General or the deputy of the Attorney General described in subsection 2.

      4.  The contingent fee contract must set forth the basis on which the fee of the retained attorney or law firm is to be determined, consistent with the limitations of section 12 of this act.

      Sec. 9. The Attorney General shall prescribe a form of addendum to a contingent fee contract that must be used for every such contract. The addendum must set forth the specific rights and obligations of the parties relating to the matter that is the subject of the contract, including, without limitation, the requirements of sections 8 and 11 of this act.

      Sec. 10. Not later than 5 business days after a contingent fee contract is signed by all the parties to the contract, the Attorney General shall cause fully executed copies of the contract and the written determination of the Governor made pursuant to section 6 of this act to be posted on the Internet website of the Attorney General. Those documents must be posted on the website at all times during the term of the contract and any extension or renewal of the contract.

      Sec. 11. 1.  A retained attorney or law firm shall, from the beginning of the term of the contingent fee contract until a date not less than 4 years after the date on which the contract expires or is terminated, maintain records of all expenses, disbursements, charges, credits, receipts, invoices, billing statements and all other payments made by or to the retained attorney or law firm in connection with the matter that is the subject of the contract.

      2.  In addition to the records described in subsection 1, the retained attorney or law firm shall prepare and maintain contemporaneous records reflecting the work performed on the matter by the retained attorney or law firm, including, without limitation, any work performed by a paralegal. The records must specifically describe the work performed, identify the person who performed the work and set forth the time spent in connection with the work, in increments of not more than one-tenth of an hour.

      3.  Not less frequently than quarterly during the term of a contingent fee contract and any extension or renewal of the contract, the retained attorney or law firm shall prepare and submit a billing statement to the Attorney General and any other officer, agency or employee represented by the retained attorney or law firm. For the period covered by the statement, the billing statement must specifically describe the work performed on the matter by the retained attorney or law firm and set forth the time spent in performing the work.

      4.  The billing statements and other records described in this section are public records and must be open for inspection pursuant to NRS 239.010.

      Sec. 12. 1.  Except as otherwise provided in subsection 2, a retained attorney or law firm is not entitled to a fee, exclusive of any costs and expenses described in that subsection, of more than:

      (a) Fifteen percent of that portion of any amount recovered of less than $10,000,000;

      (b) Ten percent of that portion of any amount recovered of $10,000,000 or more but less than $15,000,000;

      (c) Five percent of that portion of any amount recovered of $15,000,000 or more but less than $20,000,000; and

 


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      (d) Two percent of that portion of any amount recovered of $20,000,000 or more.

      2.  The total fee payable to all retained attorneys or law firms in any matter that is the subject of a contingent fee contract must not exceed $10,000,000, exclusive of any costs and expenses provided for by the contract and actually incurred by the retained attorneys or law firms, regardless of the number of actions or proceedings or the number of retained attorneys or law firms involved in the matter.

      3.  A contingent fee:

      (a) Is payable only from money that is actually received pursuant to a judgment or settlement agreement.

      (b) Must not be based on any amount attributable to a fine or civil penalty, but may be based on an amount attributable to punitive damages.

      4.  As used in this section, “amount recovered” does not include any money paid as costs.

      Sec. 13. Not later than 15 business days after any payment of fees is made to a retained attorney or law firm pursuant to a contingent fee contract, the Attorney General shall cause a record of the payment to be posted on the Internet website of the Attorney General. The record must remain posted on the website for a period of not less than 1 year after the date of the payment.

      Sec. 14. 1.  On or before February 1 of each year, the Attorney General shall prepare and submit a report to the Director of the Legislative Counsel Bureau, for transmittal to the Majority Leader of the Senate and the Speaker of the Assembly, describing the use of contingent fee contracts by the Attorney General during the preceding calendar year.

      2.  The report required by subsection 1 must:

      (a) Identify each contingent fee contract in effect during the period covered by the report and, for each such contract, set forth:

             (1) The name and address of the retained attorney or law firm;

             (2) The nature and present status of the matter that is the subject of the contract;

             (3) The name of each party to the matter;

             (4) The amount of any recovery obtained in the matter;

             (5) The amount of any costs and expenses paid in the prosecution of the matter for which no recovery was obtained; and

             (6) The amount of any fee paid pursuant to the contract; and

      (b) Include copies of any written determinations made by the Governor pursuant to section 6 of this act during the period covered by the report.

      Sec. 15. NRS 228.110 is hereby amended to read as follows:

      228.110  1.  Except as otherwise provided in sections 2 to 14, inclusive, of this act or by specific statute:

      (a) The Attorney General and the duly appointed deputies of the Attorney General shall be the legal advisers on all state matters arising in the Executive Department of the State Government.

      [2.](b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, directly or indirectly, as an attorney acting within the State for the State of Nevada or any agency in the Executive Department thereof unless the Attorney General and the deputies of the Attorney General are disqualified to act in such matter .

 


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of the Attorney General are disqualified to act in such matter . [or unless an act of the Legislature specifically authorizes the employment of other attorneys or counselors at law.

      3.]2.  All claims for legal services rendered in violation of this section shall be void.

      Sec. 16. NRS 228.140 is hereby amended to read as follows:

      228.140  1.  [The] Except as otherwise provided in sections 2 to 14, inclusive, of this act, the Attorney General shall attend each of the terms of the Supreme Court, and there prosecute or defend, as the case may be, on the part of the State:

      (a) All causes to which the State may be a party;

      (b) All causes to which any officer of the State, in his or her official capacity, may be a party;

      (c) All causes to which any county may be a party, other than those in which the interest of the county may be adverse to the State, or any officer of the State, acting in his or her official capacity, and

Ê after judgment obtained in any such cause, the Attorney General shall direct such proceedings, and sue out such process as may be required to carry the same into execution.

      2.  The Attorney General shall:

      (a) Account for and pay over to the proper officer, without delay, all moneys which may come into his or her hands belonging to the State or any county.

      (b) Assist in all impeachments which may be tried before the Senate.

      Sec. 17. NRS 228.170 is hereby amended to read as follows:

      228.170  1.  [Whenever] Except as otherwise provided in sections 2 to 14, inclusive, of this act, whenever the Governor directs or when, in the opinion of the Attorney General, to protect and secure the interest of the State it is necessary that a suit be commenced or defended in any federal or state court, the Attorney General shall commence the action or make the defense.

      2.  The Attorney General may investigate and prosecute any crime committed by a person:

      (a) Confined in or committed to an institution or facility of the Department of Corrections.

      (b) Acting in concert with, whether as a principal or accessory, any person confined in or committed to an institution or facility of the Department of Corrections.

      (c) In violation of chapter 212 of NRS, if the crime involves:

             (1) An institution or facility of the Department of Corrections; or

             (2) A person confined in or committed to such an institution or facility.

      Sec. 18. NRS 218E.405 is hereby amended to read as follows:

      218E.405  1.  Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

      2.  During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 and 538.650 [.]

 


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353.335, 353C.224, 353C.226, paragraph (b) of subsection 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830 and 538.650 [.] and section 6 of this act. In performing those duties, the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means may meet separately and transmit the results of their respective votes to the Chair of the Interim Finance Committee to determine the action of the Interim Finance Committee as a whole.

      3.  The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to review and make recommendations to the Committee on matters of the State Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145. If the Chair appoints such a subcommittee:

      (a) The Chair shall designate one of the members of the subcommittee to serve as the chair of the subcommittee;

      (b) The subcommittee shall meet throughout the year at the times and places specified by the call of the chair of the subcommittee; and

      (c) The Director or the Director’s designee shall act as the nonvoting recording secretary of the subcommittee.

      Sec. 19.  1.  This act applies only to a contingent fee contract entered into on or after July 1, 2015.

      2.  As used in this section, “contingent fee contract” has the meaning ascribed to it in section 3 of this act.

      Sec. 20.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 21.  This act becomes effective on July 1, 2015.

________

CHAPTER 86, SB 281

Senate Bill No. 281–Senator Hammond

 

CHAPTER 86

 

[Approved: May 14, 2015]

 

AN ACT relating to vehicles; providing that certain vehicles which are used as a source of parts are not to be regulated as solid waste; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, junk vehicles are considered solid waste and as such, the process of storage, collection, transportation, processing, recycling and disposal of such vehicles is subject to regulation under the provisions regarding the collection and disposal of solid waste. (NRS 444.440, 444.490) This bill removes from such regulation those vehicles which are owned by a licensed automobile wrecker or in the possession of a licensed salvage pool and are designated for dismantling as a source for parts.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 444.490 is hereby amended to read as follows:

      444.490  1.  “Solid waste” means all putrescible and nonputrescible refuse in solid or semisolid form, including, but not limited to, garbage, rubbish, junk vehicles, ashes or incinerator residue, street refuse, dead animals, demolition waste, construction waste, solid or semisolid commercial and industrial waste.

      2.  The term does not include [hazardous] :

      (a) Hazardous waste managed pursuant to NRS 459.400 to 459.600, inclusive.

      (b) A vehicle described in subparagraph (2) of paragraph (b) of subsection 1 of NRS 444.620.

      Sec. 2. NRS 444.620 is hereby amended to read as follows:

      444.620  1.  No plan for a solid waste management system adopted pursuant to NRS 444.440 to 444.620, inclusive, applies to [any] :

      (a) Any agricultural activity or agricultural waste.

      (b) A vehicle that is:

             (1) Owned by an automobile wrecker licensed pursuant to chapter 487 of NRS or in the possession of a salvage pool licensed pursuant to chapter 487 of NRS; and

             (2) Designated for dismantling as a source of parts.

      2.  No provision of NRS 444.440 to 444.620, inclusive, prevents a mining operation from dumping waste from its operation on its own lands.

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

________

CHAPTER 87, SB 297

Senate Bill No. 297–Senator Hardy

 

Joint Sponsors: Assemblymen Spiegel, Stewart and Silberkraus

 

CHAPTER 87

 

[Approved: May 14, 2015]

 

AN ACT relating to redevelopment; revising provisions relating to the termination of certain redevelopment plans; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a redevelopment plan adopted by a redevelopment agency on or after January 1, 1991, must terminate not later than 30 years after the date on which the original redevelopment plan was adopted. (NRS 279.439) This bill provides that, if a redevelopment area includes real property conveyed by the Federal Government which contains certain abandoned mine or milling facilities, a redevelopment plan adopted on or after January 1, 1991, must terminate not later than 45 years after the effective date of the conveyance of the land by the Federal Government if: (1) within 15 years after the date on which the original redevelopment plan was adopted, the State enters into one or more agreements, with respect to the real property conveyed by the Federal Government, for mine remediation and reclamation; and (2) before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the city or county in which the redevelopment area is located.

 


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real property conveyed by the Federal Government, for mine remediation and reclamation; and (2) before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the city or county in which the redevelopment area is located.

 

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 279.439 is hereby amended to read as follows:

      279.439  [A]

      1.  Except as otherwise provided in subsection 2, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 30 years after the date on which the original redevelopment plan is adopted.

      2.  If a redevelopment area includes any real property conveyed by the Federal Government which contains an abandoned mine or milling operation with open pits, large volumes of mine overburden and tailings piles and mill facility foundations, or a hazardous level of contaminants, a redevelopment plan adopted on or after January 1, 1991, and any amendments to the plan must terminate not later than 45 years after the date of the conveyance of the real property if:

      (a) Within 15 years after the date on which the original redevelopment plan is adopted, the State enters into one or more agreements, with respect to the real property conveyed by the Federal Government, for mine remediation and reclamation; and

      (b) Before entering into any agreement for mine remediation and reclamation, the State consults with the legislative body of the community in which the real property is located.

      Sec. 2.  This act becomes effective on July 1, 2015.

________

 

 

 

 

 


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CHAPTER 88, SB 418

Senate Bill No. 418–Committee on Education

 

CHAPTER 88

 

[Approved: May 14, 2015]

 

AN ACT relating to postsecondary education; revising provisions governing refunds paid by private postsecondary educational institutions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a privately owned college or university to have a policy for refunds which requires the college or university to refund to a student all the money the student has paid, minus 10 percent of the tuition agreed upon, or $100, whichever is less, if the student cancels his or her enrollment before the start of a training program. (NRS 394.449) This bill instead requires a privately owned college or university to refund to a student all the money the student has paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or $150, whichever is less. In addition, if the institution is accredited by a certain regional accrediting agency, the institution may retain any amount paid as a nonrefundable deposit to secure a position in the program as long as the institution clearly discloses that the deposit is nonrefundable before the deposit is paid. This bill similarly increases from $100 to $150 the maximum amount that an institution may retain in addition to the pro rata amount of tuition when a student withdraws or is expelled by the institution after the start of the training program and before completing 60 percent of the program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 394.449 is hereby amended to read as follows:

      394.449  1.  Each postsecondary educational institution shall have a policy for refunds which at least provides:

      (a) That if the institution has substantially failed to furnish the training program agreed upon in the enrollment agreement, the institution shall refund to a student all the money the student has paid.

      (b) That if a student cancels his or her enrollment before the start of the training program, the institution shall refund to the student all the money the student has paid, minus 10 percent of the tuition agreed upon in the enrollment agreement or [$100,] $150, whichever is less [.] , and that if the institution is accredited by a regional accrediting agency recognized by the United States Department of Education, the institution may also retain any amount paid as a nonrefundable deposit to secure a position in the program upon acceptance so long as the institution clearly disclosed to the applicant that the deposit was nonrefundable before the deposit was paid.

      (c) That if a student withdraws or is expelled by the institution after the start of the training program and before the completion of more than 60 percent of the program, the institution shall refund to the student a pro rata amount of the tuition agreed upon in the enrollment agreement, minus 10 percent of the tuition agreed upon in the enrollment agreement or [$100,] $150, whichever is less.

      (d) That if a student withdraws or is expelled by the institution after completion of more than 60 percent of the training program, the institution is not required to refund the student any money and may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.

 


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not required to refund the student any money and may charge the student the entire cost of the tuition agreed upon in the enrollment agreement.

      2.  If a refund is owed pursuant to subsection 1, the institution shall pay the refund to the person or entity who paid the tuition within 15 calendar days after the:

      (a) Date of cancellation by a student of his or her enrollment;

      (b) Date of termination by the institution of the enrollment of a student;

      (c) Last day of an authorized leave of absence if a student fails to return after the period of authorized absence; or

      (d) Last day of attendance of a student,

Ê whichever is applicable.

      3.  Books, educational supplies or equipment for individual use are not included in the policy for refund required by subsection 1, and a separate refund must be paid by the institution to the student if those items were not used by the student. Disputes must be resolved by the Administrator for refunds required by this subsection on a case-by-case basis.

      4.  For the purposes of this section:

      (a) The period of a student’s attendance must be measured from the first day of instruction as set forth in the enrollment agreement through the student’s last day of actual attendance, regardless of absences.

      (b) The period of time for a training program is the period set forth in the enrollment agreement.

      (c) Tuition must be calculated using the tuition and fees set forth in the enrollment agreement and does not include books, educational supplies or equipment that is listed separately from the tuition and fees.

      Sec. 2.  The amendatory provisions of section 1 of this act do not apply to any money paid by a student before July 1, 2015.

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

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CHAPTER 89, SB 448

Senate Bill No. 448–Committee on Judiciary

 

CHAPTER 89

 

[Approved: May 14, 2015]

 

AN ACT relating to public money; authorizing a county treasurer to deposit county money in certain insured deposit accounts in insured banks, insured credit unions or insured savings and loan associations; providing for the redeposit of money under the control of the State Treasurer, county money, city money or money under the control of the treasurer of an incorporated city or other local government into insured deposit accounts in one or more other insured banks, insured credit unions or insured savings and loan associations under certain circumstances; and providing other matters properly relating thereto.

 

 


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Legislative Counsel’s Digest:

      Existing law authorizes a county treasurer to deposit county money in demand accounts and time accounts in insured banks, insured credit unions or insured savings and loan associations. Money deposited by a county treasurer that is not within the limits of insurance provided by an instrumentality of the United States must be secured by certain types of collateral. (NRS 356.120, 356.125, 356.133)

      Section 1 of this bill authorizes a county treasurer to deposit county money in insured deposit accounts under certain circumstances. Section 1 provides that if the amount of county money deposited in such an account exceeds the limits of insurance provided by an instrumentality of the United States, the insured bank, insured credit union or insured savings and loan association in which the county money is initially deposited is required to: (1) arrange for the redeposit of the amount of the county money that exceeds the limits of insurance provided by an instrumentality of the United States into insured deposit accounts in one or more other insured banks, insured credit unions or insured savings and loan associations; and (2) ensure that the total amount of county money redeposited in an account is within the limits of insurance provided by an instrumentality of the United States.

      Existing law authorizes the State Treasurer to deposit any money under his or her control that belongs to the State in any state or national bank, any insured credit union or any insured savings and loan association in this State or, with the approval of the State Board of Finance, any such entity outside of this State. (NRS 356.010) Existing law similarly authorizes a city treasurer to deposit city money in any insured bank, credit union or savings and loan association in the city or, with the unanimous consent of his or her bondsmen, any such entity in this State. (NRS 266.515) Existing law also authorizes any incorporated city or other local government to deposit any money under the control of its treasurer in any insured state or national bank, credit union or savings and loan association which has an office in this State. (NRS 268.025)

      Sections 3, 6 and 7 of this bill authorize the State Treasurer, a city treasurer or an incorporated city or other local government to enter into an agreement with such an entity to: (1) redeposit any money that exceeds the limits of insurance provided by an instrumentality of the United States into one or more insured deposit accounts in one or more such entities; and (2) ensure that all money redeposited and any interest accrued on that money is within the limits of insurance provided by an instrumentality of the United States.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 356 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In addition to deposits authorized by NRS 356.120 and 356.125, a county treasurer may enter into an agreement to:

      (a) If one or more insured banks, insured credit unions or insured savings and loan associations are located in the county, deposit county money in such insured banks, credit unions or savings and loan associations in insured deposit accounts.

      (b) If no such bank, credit union or savings and loan associations exists in the county, deposit county money in any insured bank, insured credit union or insured savings and loan association in this State in insured deposit accounts.

      2.  If at any time the amount of county money deposited in an account pursuant to subsection 1 and any interest accrued on the money exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750, the bank, credit union or savings and loan association shall:

 


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the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750, the bank, credit union or savings and loan association shall:

      (a) Arrange for the redeposit of the amount of the county money that exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750 into one or more insured deposit accounts in one or more insured state or national banks, insured credit unions or insured savings and loan associations; and

      (b) Ensure that the total amount of money redeposited in an account and any interest accrued on the money is within the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750.

      3.  The provisions of this section apply only to an account authorized pursuant to subsection 3 of NRS 356.005.

      Sec. 2. NRS 356.005 is hereby amended to read as follows:

      356.005  1.  The State, a local government or an agency of either, if specifically authorized by statute or a state agency if approved by the State Board of Finance, may deposit public money in any insured state or national bank, in any insured credit union or in any insured savings and loan association.

      2.  Deposits made by the State in an insured credit union or savings and loan association which is a mutual association must be evidenced by an instrument which acknowledges that the State is not a member of the association by virtue of the deposit.

      3.  In addition to any public money deposited pursuant to subsection 1 and unless otherwise limited by law, a local government, a political subdivision or an agency of either is authorized to deposit public money in any state or national bank, credit union or savings and loan association if:

      (a) The public money is initially deposited in an insured depository institution in this State as selected by the depositing governmental entity;

      (b) The selected depository institution arranges for the redeposit of the public money into insured deposit accounts in one or more state or national banks, credit unions or savings and loan associations; and

      (c) The full amount of the redeposited public money and any accrued interest is fully insured.

      4.  As used in this section, “depository institution” has the meaning ascribed to it in NRS 657.037.

      Sec. 3. NRS 356.010 is hereby amended to read as follows:

      356.010  1.  All money under the control of the State Treasurer belonging to the State must be deposited in any state or national banks, any insured credit unions or in any insured savings and loan associations in this State or, if approved by the State Board of Finance, in any banks, insured credit unions or insured savings and loan associations outside of this State.

      2.  The State Treasurer may, with the approval of the State Board of Finance, enter into an agreement with a bank, insured credit union or insured savings and loan association to:

      (a) Arrange for the redeposit of any money under the control of the State Treasurer that exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750 into one or more insured deposit accounts in one or more insured state or national banks, credit unions or insured savings and loan associations; and

 


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      (b) Ensure that the total amount of money redeposited and any interest accrued on the money is within the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750.

      3.  The depository banks, credit unions or savings and loan associations may, if authorized by a contract negotiated with the State Treasurer, receive compensation for handling, collecting and paying all checks, drafts and other exchange. The compensation may be provided through the use of a compensating balance or a fixed-rate fee, or any combination thereof.

      Sec. 4. NRS 356.140 is hereby amended to read as follows:

      356.140  1.  Demand accounts [and] authorized by NRS 356.120, time accounts [respectively] authorized by NRS [356.120 and] 356.125 and insured deposit accounts authorized by section 1 of this act must be kept in the name of the county in such manner as the board of county commissioners may prescribe.

      2.  The balance in each such account, as certified to by the proper officer of the bank, credit union or savings and loan association in which the money is deposited, and by oath of the county treasurer, may be accounted for by the county as cash.

      Sec. 5. NRS 356.190 is hereby amended to read as follows:

      356.190  1.  Where the county treasurer, in accordance with the terms and provisions of NRS 356.120 to 356.180, inclusive, and section 1 of this act has deposited and kept on deposit any public money in depositories so designated, he or she:

      (a) Is not liable personally on or upon his or her official bond for any public money that may be lost by reason of the failure or insolvency of any such depository.

      (b) Is chargeable with the safekeeping, management and disbursement of any bonds that may be deposited with the county treasurer as security for deposits of county money, and with interest thereon, and with the proceeds of any sale of such bonds.

      2.  The county treasurer may deposit for safekeeping with an insured bank, insured credit union, insured savings and loan association or trust company within or without this state any securities or bonds pledged with him or her, as county treasurer, as collateral or as security for any purpose, but the securities or bonds may only be so deposited by the county treasurer with the joint consent and approval, in writing, of the pledgor thereof and the board of county commissioners. Any bonds or securities so deposited must be deposited under a written deposit agreement between the pledgor and the county treasurer, to be held and released only upon a written order of the county treasurer that has been approved by the board of county commissioners.

      Sec. 6. NRS 266.515 is hereby amended to read as follows:

      266.515  1.  The treasurer, or the county treasurer when acting as ex officio city treasurer, shall keep all money belonging to the city separate from all other money held for any other purpose or fund and may, when one or more insured banks, credit unions or savings and loan associations are located in the city, deposit, with unanimous consent of his or her bondsmen, city money in such banks, credit unions or savings and loan associations in demand or time accounts. When no such banks, credit unions or savings and loan associations exist in the city, the treasurer or county treasurer may deposit, with the unanimous consent of his or her bondsmen, city money with any insured bank, credit union or savings and loan association in the State of Nevada in demand or time accounts.

 


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with any insured bank, credit union or savings and loan association in the State of Nevada in demand or time accounts.

      2.  The treasurer or county treasurer may, with unanimous consent of his or her bondsmen, enter into an agreement with an insured bank, credit union or savings and loan association to:

      (a) Arrange for the redeposit of any money belonging to the city that exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750 into one or more insured deposit accounts in one or more insured state or national banks, credit unions or savings and loan associations; and

      (b) Ensure that the total amount of money redeposited and any interest accrued on that money is within the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750.

      3.  The accounts must be kept in the name of the city in such manner as the governing board of the city may prescribe and under such terms and conditions for the protection of the money as the governing board may determine, not inconsistent with other laws of the State of Nevada regulating the deposit of public money.

      [3.]4.  The balances in banks, credit unions or savings and loan associations, as certified to by the proper officer thereof, and by the oath of the city treasurer, may be counted as cash.

      Sec. 7. NRS 268.025 is hereby amended to read as follows:

      268.025  1.  Any incorporated city or other local government may deposit any money under the control of its treasurer in any insured state or national bank, credit union or savings and loan association which has an office within the State of Nevada.

      2.  Any incorporated city or other local government may enter into an agreement with an insured state or national bank, credit union or savings and loan association to:

      (a) Arrange for the redeposit of any money under the control of its treasurer that exceeds the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750 into one or more insured deposit accounts in one or more insured state or national banks, credit unions or savings and loan associations; and

      (b) Ensure that the total amount of money redeposited and any interest accrued on that money is within the limits of insurance provided by an instrumentality of the United States or pursuant to NRS 678.750.

      Sec. 8.  This act becomes effective on July 1, 2015.

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