[Rev. 10/12/2015 12:45:18 PM]

Link to Page 346

 

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CHAPTER 90, SB 473

Senate Bill No. 473–Committee on Finance

 

CHAPTER 90

 

[Approved: May 14, 2015]

 

AN ACT relating to financial administration; revising provisions relating to the Office of Grant Procurement, Coordination and Management of the Department of Administration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Office of Grant Procurement, Coordination and Management of the Department of Administration is required to provide assistance to state agencies with respect to grants, including researching, identifying and writing grants for state agencies and making state agencies aware of grant opportunities. State agencies are required to notify the Office of any grant for which the state agency applies or which the state agency receives. (NRS 232.222-232.227) Section 2 of this bill imposes the additional duty on a state agency of notifying the Office of the amount of any portion of a grant received by the state agency that the state agency determines will be unexpended by the end of the period for which the grant was made. Section 1 of this bill requires the Office to serve as a clearinghouse for disseminating information relating to unexpended grant money of state agencies by: (1) compiling and updating periodically a list of the grants and unexpended amounts thereof for which the Office received notification pursuant to section 2; and (2) making the list available on the Internet website maintained by the Department of Administration.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 232.224 is hereby amended to read as follows:

      232.224  1.  The Administrator of the Office of Grant Procurement, Coordination and Management shall:

      (a) Research and identify federal grants which may be available to state agencies.

      (b) Write grants for federal funds for state agencies.

      (c) Coordinate with the members of Congress representing this State to combine efforts relating to identifying and managing available federal grants and related programs.

      (d) If requested by a state agency, research the availability of grants and write grant proposals and applications for the state agency, giving priority to grants:

             (1) For the Department of Health and Human Services;

             (2) For the Office of Energy; and

             (3) Which may facilitate economic development in this State.

      (e) To the greatest extent practicable, ensure that state agencies are aware of any grant opportunities for which they are or may be eligible.

      (f) If requested by the director of a state agency, advise the director and the state agency concerning the requirements for receiving and managing grants.

      (g) To the greatest extent practicable, coordinate with state and local agencies that have received grants for similar projects to ensure that the efforts and services of those state and local agencies are not duplicated.

 


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      (h) Serve as a clearinghouse for disseminating information relating to unexpended grant money of state agencies by compiling and updating periodically a list of the grants and unexpended amounts thereof for which the Office received notification from state agencies pursuant to subsection 3 of NRS 232.225 and making the list available on the Internet website maintained by the Department.

      (i) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report regarding all activity relating to the application for, receipt of and use of grants in this State.

      2.  The Administrator may adopt regulations to carry out the provisions of this section and NRS 232.225 and 232.226.

      Sec. 2. NRS 232.225 is hereby amended to read as follows:

      232.225  In addition to any other requirement concerning applying for or receiving a grant, a state agency shall notify the Office of Grant Procurement, Coordination and Management, on a form prescribed by the Office, of : [any grant:]

      1.  [For] Any grant for which the state agency applies . [; and]

      2.  [Which] Any grant which the state agency receives.

      3.  The amount of any portion of a grant received by the state agency that the state agency determines will be unexpended by the end of the period for which the grant was made.

      Sec. 3.  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. 4.  This act becomes effective on July 1, 2015.

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CHAPTER 91, SB 37

Senate Bill No. 37–Committee on Judiciary

 

CHAPTER 91

 

[Approved: May 14, 2015]

 

AN ACT relating to criminal offenders; revising provisions that establish the capabilities of electronic devices which may be used to supervise parolees, probationers and certain other offenders who are subject to electronic supervision; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain criminal offenders who have been granted probation or who are placed on parole or in residential confinement may be subject to electronic supervision. Existing law provides that: (1) the capabilities of an electronic device used to supervise such an offender must be limited to recording or transmitting information concerning the offender’s presence at his or her residence; and (2) such an electronic device may not be used if it is capable of recording or transmitting oral or wire communications or any auditory sound, or any information concerning the activities of the offender while in his or her residence. (NRS 4.3762, 5.076, 176A.440, 176A.540, 176A.660, 213.124, 213.15193, 213.152, 213.380)

 


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      This bill revises provisions concerning the capabilities of an electronic device used to electronically supervise an offender to authorize the use of devices that are capable of: (1) using the Global Positioning System; (2) recording or transmitting information concerning the location of the person being monitored; and (3) producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. This bill also maintains provisions of existing law that prohibit the use of an electronic device which is capable of recording or transmitting oral or wire communications or any auditory sound, or any information concerning the activities of an offender.

 

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 176A.440 is hereby amended to read as follows:

      176A.440  1.  The Chief Parole and Probation Officer shall develop a program for the intensive supervision of a person granted probation pursuant to subsection 4 of NRS 176A.100.

      2.  The Program of Intensive Supervision must include an initial period of electronic supervision of the probationer with an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s [presence at the probationer’s residence,] location, including, but not limited to, the transmission of still visual images which do not concern the probationer’s activities [while inside the residence.] , and producing, upon request, reports or records of the probationer’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities , [while inside the residence,]

Ê must not be used.

      Sec. 2. NRS 176A.540 is hereby amended to read as follows:

      176A.540  1.  The Chief Parole and Probation Officer may order the residential confinement of a probationer if the Chief Parole and Probation Officer believes that the probationer poses no danger to the community and will appear at a scheduled inquiry or court hearing.

      2.  In ordering the residential confinement of a probationer, the Chief Parole and Probation Officer shall:

      (a) Require the probationer to be confined to the probationer’s residence during the time the probationer is away from any employment, community service or other activity authorized by the Division; and

      (b) Require intensive supervision of the probationer, including, without limitation, unannounced visits to the probationer’s residence or other locations where the probationer is expected to be to determine whether the probationer is complying with the terms of confinement.

      3.  An electronic device approved by the Division may be used to supervise a probationer who is ordered to be placed in residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s [presence at the probationer’s residence,] location, including , but not limited to, the transmission of still visual images which do not concern the probationer’s activities [while inside the residence.]

 


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System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the probationer’s [presence at the probationer’s residence,] location, including , but not limited to, the transmission of still visual images which do not concern the probationer’s activities [while inside the residence.] , and producing, upon request, reports or records of the probationer’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the probationer’s activities , [while inside the residence,]

Ê must not be used.

      4.  The Chief Parole and Probation Officer shall not order a probationer to be placed in residential confinement unless the probationer agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence.

      Sec. 3. NRS 176A.660 is hereby amended to read as follows:

      176A.660  1.  If a person who has been placed on probation violates a condition of probation, the court may order the person to a term of residential confinement in lieu of causing the sentence imposed to be executed. In making this determination, the court shall consider the criminal record of the person and the seriousness of the crime committed.

      2.  In ordering the person to a term of residential confinement, the court shall:

      (a) Direct that the person be placed under the supervision of the Division and require:

             (1) The person to be confined to the person’s residence during the time the person is away from any employment, community service or other activity authorized by the Division; and

             (2) Intensive supervision of the person, including, without limitation, unannounced visits to the person’s residence or other locations where the person is expected to be in order to determine whether the person is complying with the terms of confinement; or

      (b) If the person was placed on probation for a felony conviction, direct that the person be placed under the supervision of the Department of Corrections and require the person to be confined to a facility or institution of the Department for a period not to exceed 6 months. The Department may select the facility or institution in which to place the person.

      3.  An electronic device approved by the Division may be used to supervise a person ordered to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the person’s [presence at the person’s residence,] location, including, but not limited to, the transmission of still visual images which do not concern the person’s activities [while inside the residence.] , and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

 


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      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the person’s activities , [while inside the residence,]

Ê must not be used.

      4.  The court shall not order a person to a term of residential confinement unless the person agrees to the order.

      5.  A term of residential confinement may not be longer than the unexpired maximum term of a sentence imposed by the court.

      6.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      Sec. 4. NRS 4.3762 is hereby amended to read as follows:

      4.3762  1.  Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the convicted person and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:

      (a) Require the convicted person to be confined to his or her residence during the time the convicted person is away from his or her employment, public service or other activity authorized by the justice of the peace; and

      (b) Require intensive supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be to determine whether the convicted person is complying with the terms of his or her sentence.

      3.  In sentencing a convicted person to a term of residential confinement, the justice of the peace may, when the circumstances warrant, require the convicted person to submit to:

      (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      4.  Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the [presence] location of the person , [at his or her residence,] including, but not limited to, the transmission of still visual images which do not concern the activities of the person [while inside his or her residence.] , and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the person , [while inside his or her residence,]

Ê must not be used.

 


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      5.  An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.

      6.  A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      7.  The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.

      8.  The justice of the peace may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.

      Sec. 5. NRS 5.076 is hereby amended to read as follows:

      5.076  1.  Except as otherwise provided in subsection 7, in lieu of imposing any punishment other than a minimum sentence required by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the convicted person and the seriousness of the crime committed.

      2.  In sentencing a convicted person to a term of residential confinement, the municipal judge shall:

      (a) Require the convicted person to be confined to his or her residence during the time the convicted person is away from his or her employment, public service or other activity authorized by the municipal judge; and

      (b) Require intensive supervision of the convicted person, including, without limitation, electronic surveillance and unannounced visits to his or her residence or other locations where the convicted person is expected to be in order to determine whether the convicted person is complying with the terms of his or her sentence.

      3.  In sentencing a convicted person to a term of residential confinement, the municipal judge may, when the circumstances warrant, require the convicted person to submit to:

      (a) A search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and

      (b) Periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.

      4.  Except as otherwise provided in subsection 5, an electronic device may be used to supervise a convicted person sentenced to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the [presence] location of the person , [at his or her residence,] including, but not limited to, the transmission of still visual images which do not concern the activities of the person [while inside his or her residence.] , and producing, upon request, reports or records of the person’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

 


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      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the person , [while inside his or her residence,]

Ê must not be used.

      5.  An electronic device must be used in the manner set forth in subsection 4 to supervise a person who is sentenced pursuant to paragraph (b) of subsection 1 of NRS 484C.400 for a second violation within 7 years of driving under the influence of intoxicating liquor or a controlled substance.

      6.  A term of residential confinement, together with the term of any minimum sentence required by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.

      7.  The municipal judge shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal judge makes a finding that the person is not likely to pose a threat to the victim of the battery.

      8.  The municipal judge may issue a warrant for the arrest of a convicted person who violates or fails to fulfill a condition of residential confinement.

      Sec. 6. NRS 213.124 is hereby amended to read as follows:

      213.124  1.  Upon the granting of parole to a prisoner, the Board may require the parolee to submit to a program of intensive supervision as a condition of his or her parole.

      2.  The Chief shall develop a program for the intensive supervision of parolees required to submit to such a program pursuant to subsection 1. The program must include an initial period of electronic supervision of the parolee with an electronic device approved by the Division. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the parolee’s [presence at his or her residence,] location, including, but not limited to, the transmission of still visual images which do not concern the parolee’s activities [while inside his or her residence.] , and producing, upon request, reports or records of the parolee’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the parolee’s activities , [while inside his or her residence,]

Ê must not be used.

      Sec. 7. NRS 213.15193 is hereby amended to read as follows:

      213.15193  1.  Except as otherwise provided in subsection 6, the Chief may order the residential confinement of a parolee if the Chief believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.

      2.  In ordering the residential confinement of a parolee, the Chief shall:

      (a) Require the parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

      (b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be to determine whether the parolee is complying with the terms of his or her confinement.

 


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ê2015 Statutes of Nevada, Page 354 (Chapter 91, SB 37)ê

 

      3.  An electronic device approved by the Division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the [presence] location of the parolee , [at his or her residence,] including, without limitation, the transmission of still visual images which do not concern the activities of the parolee [while inside his or her residence.] , and producing, upon request, reports or records of the parolee’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the parolee , [while inside his or her residence,]

Ê must not be used.

      4.  The Chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.

      5.  Any residential confinement must not extend beyond the unexpired maximum term of the original sentence of the parolee.

      6.  The Chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the Chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      Sec. 8. NRS 213.152 is hereby amended to read as follows:

      213.152  1.  Except as otherwise provided in subsection 7, if a parolee violates a condition of his or her parole, the Board may order the parolee to a term of residential confinement in lieu of suspending his or her parole and returning the parolee to confinement. In making this determination, the Board shall consider the criminal record of the parolee and the seriousness of the crime committed.

      2.  In ordering the parolee to a term of residential confinement, the Board shall:

      (a) Require:

             (1) The parolee to be confined to his or her residence during the time the parolee is away from his or her employment, community service or other activity authorized by the Division; and

             (2) Intensive supervision of the parolee, including, without limitation, unannounced visits to his or her residence or other locations where the parolee is expected to be in order to determine whether the parolee is complying with the terms of his or her confinement; or

      (b) Require the parolee to be confined to a facility or institution of the Department of Corrections for a period not to exceed 6 months. The Department may select the facility or institution in which to place the parolee.

      3.  An electronic device approved by the Division may be used to supervise a parolee ordered to a term of residential confinement. The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the [presence] location of the parolee , [at his or her residence,] including, but not limited to, the transmission of still visual images which do not concern the activities of the [person while inside his or her residence.]

 


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her residence.] parolee, and producing, upon request, reports or records of the parolee’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the activities of the parolee , [while inside his or her residence,]

Ê must not be used.

      4.  A parolee who is confined to a facility or institution of the Department of Corrections pursuant to paragraph (b) of subsection 2:

      (a) May earn credits to reduce his or her sentence pursuant to chapter 209 of NRS; and

      (b) Shall not be deemed to be released on parole for purposes of NRS 209.447 or 209.4475 during the period of that confinement.

      5.  The Board shall not order a parolee to a term of residential confinement unless the parolee agrees to the order.

      6.  A term of residential confinement may not be longer than the unexpired maximum term of the original sentence of the parolee.

      7.  The Board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the Board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.

      8.  As used in this section:

      (a) “Facility” has the meaning ascribed to it in NRS 209.065.

      (b) “Institution” has the meaning ascribed to it in NRS 209.071.

      Sec. 9. NRS 213.380 is hereby amended to read as follows:

      213.380  1.  The Division shall establish procedures for the residential confinement of offenders.

      2.  The Division may establish, and at any time modify, the terms and conditions of the residential confinement, except that the Division shall:

      (a) Require the offender to participate in regular sessions of education, counseling and any other necessary or desirable treatment in the community, unless the offender is assigned to the custody of the Division pursuant to NRS 209.3925;

      (b) Require the offender to be confined to his or her residence during the time the offender is not:

             (1) Engaged in employment or an activity listed in paragraph (a) that is authorized by the Division;

             (2) Receiving medical treatment that is authorized by the Division; or

             (3) Engaged in any other activity that is authorized by the Division; and

      (c) Require intensive supervision of the offender, including unannounced visits to his or her residence or other locations where the offender is expected to be in order to determine whether the offender is complying with the terms and conditions of his or her confinement.

      3.  An electronic device approved by the Division may be used to supervise an offender . [if it is] The device may be capable of using the Global Positioning System, but must be minimally intrusive and limited in capability to recording or transmitting information concerning the offender’s [presence at his or her residence,] location, including, but not limited to, the transmission of still visual images which do not concern the offender’s activities [while inside his or her residence.] , and producing, upon request, reports or records of the offender’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location.

 


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reports or records of the offender’s presence near or within a crime scene or prohibited area or his or her departure from a specified geographic location. A device which is capable of recording or transmitting:

      (a) Oral or wire communications or any auditory sound; or

      (b) Information concerning the offender’s activities , [while inside his or her residence,]

Ê must not be used.

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

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CHAPTER 92, AB 222

Assembly Bill No. 222–Assemblyman Kirner (by request)

 

CHAPTER 92

 

[Approved: May 18, 2015]

 

AN ACT relating to facilities for the dependent; authorizing the Division of Public and Behavioral Health of the Department of Health and Human Services to impose certain administrative sanctions against a person who operates a facility for the dependent without a license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “facility for the dependent” to mean: (1) a facility for the treatment of abuse of alcohol or drugs; (2) a halfway house for recovering alcohol and drug abusers; (3) a facility for the care of adults during the day; (4) a residential facility for groups; (5) an agency to provide personal care services in the home; (6) a facility for transitional living for released offenders; and (7) a home for individual residential care. (NRS 449.0045) Existing law authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to charge and collect from a facility for the dependent or a person who operates such a facility without a license the costs of enforcing provisions governing facilities for the dependent against the facility. (NRS 449.0308) Existing law also provides that it is a misdemeanor to operate a facility for the dependent without a license. (NRS 449.030) Finally, existing law authorizes the Division to impose certain administrative sanctions against a person who operates a residential facility for groups or a home for individual residential care, but not other facilities for the dependent, without a license. Such sanctions include: (1) imposing civil penalties; (2) ordering the operator to move all persons receiving services in the residential facility for groups or home for individual residential care to a licensed facility; and (3) prohibiting the operator from applying for a license to operate a residential facility for groups or a home for individual residential care, as applicable. (NRS 449.210) This bill allows the Division to impose such administrative sanctions against a person who operates any facility for the dependent without a license.

 

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 449.210 is hereby amended to read as follows:

      449.210  1.  In addition to the payment of the amount required by NRS 449.0308, except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Division is guilty of a misdemeanor.

 


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a person who operates a medical facility or facility for the dependent without a license issued by the Division is guilty of a misdemeanor.

      2.  In addition to the payment of the amount required by NRS 449.0308, if a person operates a [residential facility for groups or a home for individual residential care] facility for the dependent without a license issued by the Division, the Division shall:

      (a) Impose a civil penalty on the operator in the following amount:

             (1) For a first offense, $10,000.

             (2) For a second offense, $25,000.

             (3) For a third or subsequent offense, $50,000.

      (b) Order the operator, at the operator’s own expense, to move all of the persons who are receiving services in the [residential facility for groups or home for individual residential care] facility for the dependent to a [residential facility for groups or home for individual residential care, as applicable,] facility for the dependent of the same type that is licensed.

      (c) Prohibit the operator from applying for a license to operate [a residential facility for groups or home for individual residential care, as applicable.] the type of facility for the dependent that the operator was found to be operating without a license. The duration of the period of prohibition must be:

             (1) For 6 months if the operator is punished pursuant to subparagraph (1) of paragraph (a).

             (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

             (3) Permanent if the operator is punished pursuant to subparagraph (3) of paragraph (a).

      3.  Before the Division imposes an administrative sanction pursuant to subsection 2, the Division shall provide the operator of a [residential facility for groups] facility for the dependent with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a [residential facility for groups] facility for the dependent wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a [residential facility for groups] facility for the dependent without a license that the operator thereof subsequently licensed the facility in accordance with law.

      4.  Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (a) of subsection 2 into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and 449.935 to 449.965, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities and homes for individual residential care in accordance with applicable state and federal standards.

      Sec. 2.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting 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.

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CHAPTER 93, SB 271

Senate Bill No. 271–Senator Hardy

 

Joint Sponsor: Assemblyman Edwards

 

CHAPTER 93

 

[Approved: May 18, 2015]

 

AN ACT relating to the Virgin Valley Water District; authorizing the District to issue certain letters for commitment to supply water service; requiring the annual renewal of such letters; providing a fee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Virgin Valley Water District to supply water under contract or agreement to certain entities when such supply is available. (Virgin Valley Water District Act § 3) Section 1 of this bill provides that: (1) the District may issue a letter that commits the District to supply water service to a particular property subject to any condition precedent set forth in the letter; and (2) such a letter must be renewed on an annual basis, subject to a reasonable fee, or the letter will expire. Section 1 also provides that the District will not refund any fees paid by, return any water rights dedicated to or pay any expenses of the holder associated with the construction and dedication of any infrastructure if the holder of such a letter fails to meet any condition precedent included in the letter or if the letter expires. Section 2 of this bill makes the requirement for the renewal of such letters apply retroactively to any letter issued before July 1, 2015.

 

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. The Virgin Valley Water District Act, being chapter 100, Statutes of Nevada 1993, at page 159, is hereby amended by adding thereto a new section to be designated as section 3.5, immediately following section 3.3, to read as follows:

      Sec. 3.5.  1.  For property under development or proposed to be developed for residential, commercial or industrial purposes, the District may issue a letter that commits the District to supply water service to the property subject to any condition precedent set forth in the letter, including, without limitation, the payment of fees, the dedication of water rights or the construction and dedication of infrastructure.

       2.  A letter issued pursuant to subsection 1 must be renewed on an annual basis in accordance with the regulations and policies of the District. The District may establish a reasonable fee, by regulation, for the renewal of such a letter. Any letter that is not renewed expires on the day after the deadline for renewal.

       3.  For a letter issued pursuant to subsection 1, the District shall not refund any fees paid by, return any water rights dedicated to or pay any expenses of the holder of the letter for the construction and dedication of any infrastructure if:

 


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       (a) The holder of the letter fails to meet any condition precedent included in the letter; or

       (b) The letter expires pursuant to subsection 2.

      Sec. 2.  1.  Any letter issued by the Virgin Valley Water District before July 1, 2015, for a commitment to supply water service must be renewed with the District on or before July 1, 2016, and on an annual basis thereafter. Any such letter not renewed pursuant to this section will expire on the day after the deadline for renewal.

      2.  To renew a letter described in subsection 1, the holder of the letter must prove to the satisfaction of the District that:

      (a) The water that is the subject of the letter has been put to beneficial use; or

      (b) If the water that is the subject of the letter has not been put to beneficial use, the project for which the commitment to supply water service was acquired is still under development. A project shall be deemed to be under development if:

             (1) The building permit for the property is not cancelled or expired;

             (2) Any final map associated with the property is not cancelled or inactive; and

             (3) The holder of the letter has, within the immediately preceding 12 months, contributed towards the development of the property:

                   (I) Money equal to 10 percent of the total estimated development costs of the property, including planned improvements; or

                   (II) Labor, services or improvements with a fair market value of at least 10 percent of the total estimated development costs of the property, including planned improvements.

      3.  The District shall approve the renewal of an existing letter if the request for renewal is submitted before the annual deadline and includes the information required by subsection 2.

      4.  The District shall not refund any fees paid by, return any water rights dedicated to or pay any expenses of the holder of a letter associated with the construction and dedication of any infrastructure if the letter expires pursuant to this section.

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

________

CHAPTER 94, AB 39

Assembly Bill No. 39–Committee on Health and Human Services

 

CHAPTER 94

 

[Approved: May 18, 2015]

 

AN ACT relating to health care; increasing the cap on the application fee for the Physician Visa Waiver Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Board of Health to establish an application fee of not more than $500 to be paid by an employer or a physician for a letter of support from the Physician Fee Waiver Program. (NRS 439A.170) This bill increases the cap on the amount of the fee that the State Board may establish to $2,000.

 


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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 439A.170 is hereby amended to read as follows:

      439A.170  1.  The Physician Visa Waiver Program is hereby established in the Division. The Administrator shall administer the Program consistent with federal law and the provisions of NRS 439A.130 to 439A.185, inclusive, and the regulations adopted pursuant thereto. The Program must:

      (a) Provide for the oversight of employers and J-1 visa physicians in this State;

      (b) Evaluate applications for letters of support submitted pursuant to NRS 439A.175; and

      (c) Issue letters of support.

      2.  The State Board of Health shall adopt regulations:

      (a) Providing for the administration of the Program; and

      (b) Establishing an application fee, not to exceed [$500,] $2,000, payable to the Program by an employer or J-1 visa physician who applies for a letter of support pursuant to NRS 439A.175.

      3.  Any application fees collected by the Program are not refundable and must be deposited in the State Treasury and accounted for separately in the State General Fund. Any interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any money remaining in the account at the end of a fiscal year does not revert to the State General Fund. All claims against the account must be paid as other claims against the State are paid. The money in the account must be used to pay the costs of administering the Program and for training and educating J-1 visa physicians and employers.

      4.  The Division is hereby designated as the agency of this State to cooperate with the Federal Government in the administration of the Program.

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

________

CHAPTER 95, AB 41

Assembly Bill No. 41–Committee on Health and Human Services

 

CHAPTER 95

 

[Approved: May 18, 2015]

 

AN ACT relating to health care; requiring money remaining in the Fund for Hospital Care to Indigent Persons at the end of a fiscal year to be carried over to the next fiscal year; making various other changes relating to the Fund; abolishing the Hospital Assessment Account and the Supplemental Account for Medical Assistance to Indigent Persons; repealing provisions authorizing the Board of Trustees of the Fund to require certain hospitals to pay an assessment for certain purposes; abolishing the Fund for the Institutional Care of the Medically Indigent; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law creates the Fund for Hospital Care to Indigent Persons as a special revenue fund. (NRS 428.175) A hospital that treats an indigent person who is injured in a motor vehicle accident is authorized, in certain circumstances, to apply for reimbursement from the Fund for any unpaid charges for hospital care furnished to the indigent person. (NRS 428.215-428.235) The Fund receives money from an ad valorem tax levied by the board of county commissioners of each county and reimbursements from the counties in which the accidents occurred or the indigent persons resided. (NRS 428.185, 428.255) Section 1 of this bill provides that any money remaining in the Fund at the end of a fiscal year does not revert to the State General Fund and instead must be carried over to the next fiscal year.

      Existing law further creates the Supplemental Account for Medical Assistance to Indigent Persons within the Fund and requires the board of county commissioners of each county to remit a certain amount each year to the State Controller for credit to the Supplemental Account. (NRS 428.285, 428.305) At the end of each fiscal year, one-half of the money in the Supplemental Account reverts to the Fund and the other one-half reverts to the State General Fund. (NRS 428.305) Sections 3-5 of this bill abolish the Supplemental Account and instead require the board of county commissioners of each county to remit the amount that previously reverted to the Supplemental Account directly to the Fund for Hospital Care to Indigent Persons.

      Section 2 of this bill removes certain limitations on agreements entered into by the Board of Trustees of the Fund for Hospital Care to Indigent Persons.

      Existing law authorizes the Board of Trustees to enter into an agreement with the Division of Health Care Financing and Policy of the Department of Health and Human Services in which the Board of Trustees transfers money from the Fund to the Division: (1) to increase Medicaid reimbursement rates or supplemental payments to hospitals; and (2) to satisfy the obligation of a county to pay certain expenditures. (NRS 428.206) Federal regulations provide that federal participation in a state Medicaid program will be reduced if hospitals are charged an assessment to fund such an agreement and are reimbursed through a non-Medicaid payment that is correlated to the tax amount. (42 C.F.R. § 433.68) Section 5 of this bill repeals provisions authorizing the Board of Trustees to require certain hospitals to pay such an assessment, thereby preventing a reduction in federal participation in Nevada’s Medicaid program pursuant to these federal regulations.

      Section 5 also repeals provisions that created the Fund for the Institutional Care of the Medically Indigent within the State Treasury, which provides assistance to counties that are unable to make certain payments required by an interlocal agreement, because this program is no longer active.

 

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 428.175 is hereby amended to read as follows:

      428.175  1.  The Fund for Hospital Care to Indigent Persons is hereby created as a special revenue fund for the purposes described in NRS 428.115 to 428.255, inclusive.

      2.  Except as otherwise provided in subsection 3, money collected or recovered pursuant to NRS 428.115 to 428.255, inclusive, and the interest earned on the money in the Fund must be deposited for credit to the Fund.

      3.  Any money paid by a county pursuant to NRS 428.255 must be accounted for separately in the Fund and must be used to reimburse or partially reimburse a hospital for unpaid charges for hospital care pursuant to NRS 428.115 to 428.255, inclusive, as other claims against the Fund are paid.

 


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      4.  Claims against the Fund must be paid on claims approved by the Board.

      5.  Any money remaining in the Fund at the end of each fiscal year does not revert to the State General Fund and must be carried over into the next fiscal year.

      Sec. 2. NRS 428.205 is hereby amended to read as follows:

      428.205  The Board shall administer the Fund and for that purpose may:

      1.  Enter into all necessary contracts and agreements [.] , including, without limitation, contracts and agreements to obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.

      2.  Purchase appropriate insurance to cover that portion of a claim for which the Fund is liable and which exceeds an amount agreed upon by the Board and the insurer.

      3.  Employ personnel as necessary and prescribe their compensation and working conditions.

      4.  [Enter into agreements with the Department of Administration to obtain the services of consultants, attorneys, auditors, accountants, actuaries and managers of risk.

      5.]  Rent, lease, purchase or otherwise procure or receive real or personal property.

      [6.]5.  Adopt regulations necessary for carrying out the provisions of NRS 428.115 to 428.255, inclusive.

      Sec. 3. NRS 428.265 is hereby amended to read as follows:

      428.265  As used in NRS 428.265 to [428.305,] 428.295, inclusive [:

      1.  “Fund”] , “fund” means the fund for medical assistance to indigent persons.

      [2.  “Supplemental Account” means the Supplemental Account for Medical Assistance to Indigent Persons.]

      Sec. 4. NRS 428.285 is hereby amended to read as follows:

      428.285  1.  The board of county commissioners of each county shall establish a tax rate of at least 6 cents on each $100 of assessed valuation for the purposes of the tax imposed pursuant to subsection 2. A board of county commissioners may increase the rate to not more than 10 cents on each $100 of assessed valuation.

      2.  In addition to the levies provided in NRS 428.050 and 428.185 and any tax levied pursuant to NRS 450.425, the board of county commissioners shall levy a tax ad valorem at a rate necessary to produce revenue in an amount equal to an amount calculated by multiplying the assessed valuation of all taxable property in the county by the tax rate established pursuant to subsection 1, and subtracting from the product the amount of unencumbered money remaining in the fund on May 1 of the current fiscal year.

      3.  For each fiscal year beginning on or after July 1, 1989, the board of county commissioners of each county shall remit to the State Controller from the money in the fund an amount of money equivalent to the amount collected from 1 cent on each $100 of assessed valuation of all taxable property in the county for credit to the Intergovernmental Transfer Account in the State General Fund.

      4.  For each fiscal year beginning on or after July 1, 2013, in a county whose population is less than 100,000, the board of county commissioners shall, pursuant to an interlocal agreement with the State, remit to the State Controller an amount of money determined by the Director of the Department of Health and Human Services to be adequate for the State Plan for Medicaid to include the payment of the nonfederal share of expenditures set forth in NRS 422.272.

 


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Controller an amount of money determined by the Director of the Department of Health and Human Services to be adequate for the State Plan for Medicaid to include the payment of the nonfederal share of expenditures set forth in NRS 422.272. In such a county, the amount of money that the board of county commissioners may be required to remit, as determined by the Director pursuant to this subsection, must not exceed an amount of money equivalent to the amount collected from 8 cents on each $100 of assessed valuation of all taxable property in the county.

      5.  Not later than January 1, 2014, and not later than January 1 of each year thereafter, the board of county commissioners of each county shall remit to the State Controller an amount equal to the amount collected by the board of county commissioners pursuant to NRS 439B.340 for the previous fiscal year for credit to the [Supplemental Account.] Fund for Hospital Care to Indigent Persons created by NRS 428.175.

      6.  The tax so levied and its proceeds must be excluded in computing the maximum amount of money which the county is permitted to receive from taxes ad valorem and the highest permissible rate of such taxes.

      Sec. 5. NRS 428.207, 428.305, 428.410, 428.420, 428.430, 428.440, 428.450, 428.460, 428.470, 428.480 and 428.490 are hereby repealed.

      Sec. 6.  This act becomes effective upon passage and approval.

________

CHAPTER 96, AB 61

Assembly Bill No. 61–Committee on Government Affairs

 

CHAPTER 96

 

[Approved: May 18, 2015]

 

AN ACT relating to governmental administration; eliminating the requirement that the Personnel Commission and the Administrator of the Division of Human Resource Management of the Department of Administration submit certain biennial reports; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that the Personnel Commission report to the Governor biennially on all matters pertinent to the Division of Human Resource Management of the Department of Administration and any other matters requested by the Governor. (NRS 284.065) Section 1 of this bill removes the requirement that the report be made biennially.

      Existing law requires that the Administrator of the Division report to the Commission and the Governor biennially regarding the work of the Division and make such special reports as may be desirable. (NRS 284.105) Section 2 of this bill removes the requirement for a biennial report regarding the work of the Division.

      Existing law authorizes, under certain circumstances, the Administrator of the Division to suspend the requirements of competitive examinations for positions in the State Personnel System. Except in certain limited circumstances, if the Administrator suspends the requirements, he or she must include in the biennial report of the Division an explanation of the circumstances that justified the suspension. (NRS 284.320) Section 3 of this bill eliminates this reporting requirement.

 


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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 284.065 is hereby amended to read as follows:

      284.065  1.  The Commission has only such powers and duties as are authorized by law.

      2.  In addition to the powers and duties set forth elsewhere in this chapter, the Commission shall:

      (a) Advise the Administrator concerning the organization and administration of the Division.

      (b) Report to the Governor [biennially] on all matters which the Commission may deem pertinent to the Division and concerning any specific matters previously requested by the Governor.

      (c) Advise and make recommendations to the Governor or the Legislature relative to the personnel policy of the State.

      (d) Adopt regulations to carry out the provisions of this chapter.

      (e) Foster the interest of institutions of learning and of civic, professional and employee organizations in the improvement of personnel standards in the state service.

      (f) Review decisions of the Administrator in contested cases involving the classification or allocation of particular positions.

      (g) Exercise any other advisory powers necessary or reasonably implied within the provisions and purposes of this chapter.

      Sec. 2. NRS 284.105 is hereby amended to read as follows:

      284.105  1.  The Administrator shall direct and supervise all administrative and technical activities of the Division.

      2.  In addition to the duties imposed upon the Administrator elsewhere in this chapter, the Administrator shall:

      (a) Apply and carry out the provisions of this chapter and the regulations adopted pursuant to it.

      (b) Establish objectives for the Division in terms which are specific, measurable and conducive to reliable evaluation, and develop a plan for accomplishing those objectives.

      (c) Establish a system of appropriate policies for each function within the Division.

      (d) Attend all meetings of the Commission.

      (e) Advise the Commission with respect to the preparation and adoption of regulations to carry out the provisions of this chapter.

      (f) Report to the Governor and the Commission upon all matters concerning the administration of the Administrator’s office and request the advice of the Commission on matters concerning the policies of the Division, but the Administrator is responsible for the conduct of the Division and its administrative functions unless otherwise provided by law.

      (g) Establish and maintain a roster of all employees in the public service. The roster must set forth, as to each employee:

 

 

 

 

 


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             (1) The class title of the position held.

             (2) The salary or pay.

             (3) Any change in class title, pay or status.

             (4) Other pertinent data.

      (h) In cooperation with appointing authorities and others, foster and develop programs for improving the effectiveness and morale of employees, including training and procedures for hearing and adjusting grievances.

      (i) Encourage and exercise leadership in the development of effective personnel administration within the several departments in the public service, and make available the facilities and services of the Division and its employees to this end.

      (j) Make to the Commission and to the Governor [a biennial report regarding the work of the Division and] such special reports as the Administrator may consider desirable.

      (k) Maintain a continuous program of recruiting for the classified service.

      (l) Perform any other lawful acts which the Administrator may consider necessary or desirable to carry out the purposes and provisions of this chapter.

      Sec. 3. NRS 284.320 is hereby amended to read as follows:

      284.320  1.  In case of a vacancy in a position where peculiar and exceptional qualifications of a scientific, professional or expert character are required, and upon satisfactory evidence that for specific reasons competition in that case is impracticable, and that the position can best be filled by the selection of some designated person of high and recognized attainments in the required qualities, the Administrator may suspend the requirements of competition.

      2.  The Administrator may suspend the requirements of competitive examination for positions requiring highly professional qualifications if past experience or current research indicates a difficulty in recruitment or if the qualifications include a license or certification.

      3.  Upon specific written justification by the appointing authority, the Administrator may suspend the requirement of competitive examination for a position where extreme difficulty in recruitment has been experienced and extensive efforts at recruitment have failed to produce five persons in the state service who are qualified applicants for promotion to the position.

      4.  Except in the circumstances described in subsection 2, no suspension may be general in its application to any position . [, and each case of suspension and the justifying circumstances must be reported in the biennial report of the Division with the reasons for the suspension.]

      Sec. 4.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 366ê

 

CHAPTER 97, AB 79

Assembly Bill No. 79–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 97

 

[Approved: May 18, 2015]

 

AN ACT relating to agriculture; deleting obsolete provisions governing the initial membership of each state grazing board; revising provisions which require the State Department of Agriculture to compensate the owners of any animals that are destroyed because of infection with or exposure to an infectious, contagious or parasitic disease; requiring certain administrative fines that are paid to the Department to be accounted for separately and used for certain purposes; revising the definition of “food establishment” to exclude certain establishments where animals are slaughtered and certain facilities that produce eggs; authorizing the Director of the Department to impose a civil penalty for certain violations relating to agricultural products and seeds; authorizing the Director to release certain imported potatoes without an inspection; repealing misdemeanor penalties; deleting provisions which require all nuts, fruits and vegetables that are offered for sale to be mature but not overripe; repealing certain provisions concerning the labeling of commercial feed for livestock; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill deletes provisions governing the composition of state grazing boards in 1975. Section 2 of this bill requires the State Department of Agriculture to enter into an agreement with the Animal and Plant Health Inspection Service of the United States Department of Agriculture or to take any other action required to compensate the owner of livestock that is destroyed due to infection with or exposure to an infectious, contagious or parasitic disease.

      Section 7 of this bill clarifies that certain establishments where animals are slaughtered or where eggs are produced are not considered “food establishments” for purposes of provisions governing food establishments where food intended for human consumption is manufactured or prepared, or in which any food is sold or served.

      Existing law imposes certain requirements concerning agricultural products and seeds. (Chapter 587 of NRS) Section 9 of this bill authorizes the Director of the Department to impose, after notice and an opportunity for a hearing, a civil penalty of not more than $500 for each violation of those provisions. Additionally, sections 3 and 9 of this bill require certain administrative fines and civil penalties imposed by the Department to be: (1) used to fund a program that provides loans to certain persons engaged in agriculture; and (2) deposited in the Account for the Control of Weeds.

      Existing law requires any person importing white or Irish potatoes intended for seed purposes into this State to notify the Director of the arrival of the potatoes and hold the potatoes until the potatoes are inspected and released by the Director. (NRS 587.109) Section 10 of this bill authorizes the Director to release those potatoes without inspection.

      Sections 13 and 16 of this bill remove misdemeanor criminal penalties for violating certain provisions.

      Under existing law, it is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport or sell in this State any nuts, fresh fruits or vegetables in bulk or in any container or subcontainer unless 90 percent by weight or more of such fruits, nuts or vegetables in bulk or in any container or subcontainer are free from any insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay.

 


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subcontainer are free from any insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay. (NRS 587.650) Section 14 of this bill requires 90 percent of such nuts, fresh fruits or vegetables to be free from all defects. Section 14 also deletes a requirement that not more than 5 percent of those nuts, fresh fruits or vegetables have any one defect. Section 15 of this bill deletes a requirement that all nuts, fruits and vegetables offered for sale must be mature but not overripe.

      Section 16 repeals certain obsolete definitions and certain provisions concerning labeling of commercial feed for livestock.

 

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 568.060 is hereby amended to read as follows:

      568.060  1.  [The members and the chair of each of the state grazing boards for the year 1975 shall be the members and chairs of each of the boards of district advisers of each grazing district elected, qualified and serving on January 1, 1975, under the provisions of the Taylor Grazing Act and the regulations promulgated under the provisions of that act. Such members shall serve until their successors are elected and qualified as provided in this section.

      2.  On and after January 1, 1976, each] Each state grazing board [shall] must consist of not less than five nor more than 12 persons who graze livestock upon the public lands within the grazing district for which such state grazing board is created. Officers and directors of corporations and partners of partnerships which conduct such grazing are qualified to be elected to serve on such boards on behalf of such corporation or partnership. The term of each member is 3 years, beginning on January 1 next after the member’s election.

      [3.]2.  In [November of 1975 and in] November of each third year , [thereafter,] each state grazing board shall specify the number of members to serve on that state grazing board for the following term. Thereafter, the board shall conduct an election of the members to serve for that term.

      [4.]3.  If a new grazing district is established, the Central Committee of Nevada State Grazing Boards shall, within 90 days after the order establishing the district appears in the Federal Register, specify the number of members to serve on the state grazing board for the new district. Thereafter the Central Committee of the Nevada State Grazing Boards shall conduct an election of the board members to serve for the balance of the current 3-year term.

      [5.]4.  If any vacancy occurs on a state grazing board for any reason, the remaining board members shall elect a qualified successor to fill the vacancy for the unexpired term.

      [6.]5.  A duly qualified person elected to serve as a member of a state grazing board shall assume office after taking the oath of office contained in NRS 282.020.

      [7.]6.  The persons, partnerships, associations or corporations holding licenses or permits to graze livestock on the public lands within the grazing district served by a state grazing board shall elect the members to serve on that state grazing board, except as otherwise provided in this section, and each such permittee is entitled to one vote. The particular state grazing board shall supply the names of eligible persons to be elected to serve on the board to each permittee within the district so that each permittee may cast his or her vote for a candidate of the permittee’s choice.

 


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shall supply the names of eligible persons to be elected to serve on the board to each permittee within the district so that each permittee may cast his or her vote for a candidate of the permittee’s choice. The secretary of the state grazing board for such grazing district shall certify the results of the election.

      Sec. 2. NRS 571.190 is hereby amended to read as follows:

      571.190  1.  The State Quarantine Officer may order and have destroyed any animal infected with or exposed to any infectious, contagious or parasitic disease.

      2.  [The Department shall compensate the owners of any animal so destroyed separately or jointly with any county or municipality of the State or any agency of the Federal Government, the amount of the compensation to be determined by appraisal before the affected animal is destroyed.

      3.  The appraisal must be made by the State Quarantine Officer or a qualified agent designated by the State Quarantine Officer and the owners or their authorized representative. In the event of their failure to reach an agreement, the two so selected shall designate a disinterested person, who by reason of experience in such matters is a qualified judge of values of animals, to act with them. The judgment of any two such appraisers is binding and final upon all persons.

      4.  The total amount received by the owners of any animal so destroyed, including compensation paid by the Department, any county or municipality or any agency of the Federal Government or any company that insures animals, and the salvage received from the sale of hides or carcasses or any other source, combined, must not exceed the actual appraised value of the destroyed animal.

      5.]  If the State Quarantine Officer deems it necessary to destroy any infected or exposed livestock in order to prevent the spread of an infectious, contagious or parasitic disease which, according to the rules, regulations and standards adopted by the Animal and Plant Health Inspection Service of the United States Department of Agriculture, cannot be extirpated by means other than destroying the infected or exposed livestock, the State Quarantine Officer may have the livestock destroyed and burned, buried or otherwise disposed of in any manner specified by the Department.

      3.  The State Board of Agriculture shall enter into an agreement with the Animal and Plant Health Inspection Service of the United States Department of Agriculture or take any other action required to determine the amount of compensation owed, if any, to the owner of any livestock destroyed pursuant to subsection 2 and the party responsible for paying such compensation.

      4.  Any natural person or corporation purchasing any animal which was at the time of purchase under quarantine by any state, county or municipal authorities or any agency of the Federal Government authorized to lay such quarantine, or who purchases any animal which due diligence and caution would have shown to be diseased or which was shipped or transported in violation of the rules and regulations of any agency of the Federal Government or the State of Nevada, is not entitled to receive compensation, and the Department may order the destruction of the animal without making any compensation to the owner.

      [6.  No payment may be made hereunder as compensation for or on account of any such animal destroyed if, at the time of inspection or test of the animal or at the time of the ordered destruction thereof, the animal belongs to or is upon the premises of any person, firm or corporation to which the animal has been sold, shipped or delivered for slaughter.

 


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belongs to or is upon the premises of any person, firm or corporation to which the animal has been sold, shipped or delivered for slaughter.

      7.  In no case may any payment by the Department pursuant to the provisions of this section be made unless the owner has complied with all quarantine rules and regulations of the Department.]

      Sec. 3. NRS 571.250 is hereby amended to read as follows:

      571.250  1.  Any person violating the provisions of NRS 571.120 to 571.240, inclusive, or failing, refusing or neglecting to perform or observe any conditions, orders, rules or regulations prescribed by the State Quarantine Officer in accordance with the provisions of NRS 571.120 to 571.240, inclusive, is guilty of a misdemeanor and, in addition to any criminal penalty, shall pay to the Department an administrative fine of not more than $1,000 per violation. If an administrative fine is imposed pursuant to this section, the costs of the proceeding, including investigative costs and attorney’s fees, may be recovered by the Department.

      2.  Any money collected from the imposition of an administrative fine pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Secs. 4-6.  (Deleted by amendment.)

      Sec. 7. NRS 446.020 is hereby amended to read as follows:

      446.020  1.  Except as otherwise limited by subsection 2, “food establishment” means any place, structure, premises, vehicle or vessel, or any part thereof, in which any food intended for ultimate human consumption is manufactured or prepared by any manner or means whatever, or in which any food is sold, offered or displayed for sale or served.

      2.  The term does not include:

      (a) Private homes, unless the food prepared or manufactured in the home is sold, or offered or displayed for sale or for compensation or contractual consideration of any kind;

      (b) Fraternal or social clubhouses at which attendance is limited to members of the club;

      (c) Vehicles operated by common carriers engaged in interstate commerce;

      (d) Any establishment in which religious, charitable and other nonprofit organizations sell food occasionally to raise money or in which charitable organizations receive salvaged food in bulk quantities for free distribution, unless the establishment is open on a regular basis to sell food to members of the general public;

      (e) Any establishment where animals , including, without limitation, mammals, fish and poultry, are slaughtered which is regulated [and inspected by the State Department of Agriculture;] pursuant to chapter 583 of NRS;

      (f) Dairy farms and plants which process milk and products of milk or frozen desserts which are regulated under chapter 584 of NRS;

      (g) The premises of a wholesale dealer of alcoholic beverages licensed under chapter 369 of NRS who handles only alcoholic beverages which are in sealed containers;

 


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      (h) A facility that produces eggs which is regulated pursuant to chapter 583 of NRS;

      (i) A cottage food operation that meets the requirements of NRS 446.866 with respect to food items as defined in that section; or

      [(i)](j) A farm for purposes of holding a farm-to-fork event.

      3.  As used in this section, “poultry” has the meaning ascribed to it in NRS 583.405.

      Sec. 8. NRS 446.866 is hereby amended to read as follows:

      446.866  1.  A cottage food operation which manufactures or prepares a food item by any manner or means whatever for sale, or which offers or displays a food item for sale, is not a “food establishment” pursuant to paragraph [(h)] (i) of subsection 2 of NRS 446.020 if each such food item is:

      (a) Sold on the private property of the natural person who manufactures or prepares the food item or at a location where the natural person who manufactures or prepares the food item sells the food item directly to a consumer, including, without limitation, a farmers’ market licensed pursuant to chapter 244 or 268 of NRS, flea market, swap meet, church bazaar, garage sale or craft fair, by means of an in-person transaction that does not involve selling the food item by telephone or via the Internet;

      (b) Sold to a natural person for his or her consumption and not for resale;

      (c) Affixed with a label which complies with the federal labeling requirements set forth in 21 U.S.C. § 343(w) and 9 C.F.R. Part 317 and 21 C.F.R. Part 101;

      (d) Labeled with “MADE IN A COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO GOVERNMENT FOOD SAFETY INSPECTION” printed prominently on the label for the food item;

      (e) Prepackaged in a manner that protects the food item from contamination during transport, display, sale and acquisition by consumers; and

      (f) Prepared and processed in the kitchen of the private home of the natural person who manufactures or prepares the food item or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization.

      2.  No local zoning board, planning commission or governing body of an unincorporated town, incorporated city or county may adopt any ordinance or other regulation that prohibits a natural person from preparing food in a cottage food operation.

      3.  Each natural person who wishes to conduct a cottage food operation must, before selling any food item, register the cottage food operation with the health authority by submitting such information as the health authority deems appropriate, including, without limitation:

      (a) The name, address and contact information of the natural person conducting the cottage food operation; and

      (b) If the cottage food operation sells food items under a name other than the name of the natural person who conducts the cottage food operation, the name under which the cottage food operation sells food items.

      4.  The health authority may charge a fee for the registration of a cottage food operation pursuant to subsection 3 in an amount not to exceed the actual cost of the health authority to establish and maintain a registry of cottage food operations.

      5.  The health authority may inspect a cottage food operation only to investigate a food item that may be deemed to be adulterated pursuant to NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item.

 


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NRS 585.300 to 585.360, inclusive, or an outbreak or suspected outbreak of illness known or suspected to be caused by a contaminated food item. The cottage food operation shall cooperate with the health authority in any such inspection. If, as a result of such inspection, the health authority determines that the cottage food operation has produced an adulterated food item or was the source of an outbreak of illness caused by a contaminated food item, the health authority may charge and collect from the cottage food operation a fee in an amount that does not exceed the actual cost of the health authority to conduct the investigation.

      6.  As used in this section:

      (a) “Cottage food operation” means a natural person who manufactures or prepares food items in his or her private home or, if allowed by the health authority, in the kitchen of a fraternal or social clubhouse, a school or a religious, charitable or other nonprofit organization, for sale to a natural person for consumption and whose gross sales of such food items are not more than $35,000 per calendar year.

      (b) “Food item” means:

             (1) Nuts and nut mixes;

             (2) Candies;

             (3) Jams, jellies and preserves;

             (4) Vinegar and flavored vinegar;

             (5) Dry herbs and seasoning mixes;

             (6) Dried fruits;

             (7) Cereals, trail mixes and granola;

             (8) Popcorn and popcorn balls; or

             (9) Baked goods that:

                   (I) Are not potentially hazardous foods;

                   (II) Do not contain cream, uncooked egg, custard, meringue or cream cheese frosting or garnishes; and

                   (III) Do not require time or temperature controls for food safety.

      Sec. 9.  Chapter 587 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.

      2.  Any money collected from the imposition of a civil penalty pursuant to subsection 1 must be accounted for separately and:

      (a) Fifty percent of the money must be used to fund a program selected by the Director that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

      (b) The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035.

      Sec. 10. NRS 587.109 is hereby amended to read as follows:

      587.109  1.  Any person importing any white or Irish potatoes intended for seed purposes into the State of Nevada shall, within 24 hours after the receipt of the potatoes, notify the Director of the arrival of the potatoes and hold them at the person’s place of business or at the point of receipt until the potatoes are inspected [and] or released by the Director [.] without inspection.

      2.  If, upon inspection, the Director finds that the potatoes are infected with bacterial ring rot, or other potato diseases in amounts in excess of that allowed under the standards set for Nevada certified potatoes, the potatoes may not be released for planting in this state, but must be disposed of for nonseed purposes in a manner approved by the Director.

 


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may not be released for planting in this state, but must be disposed of for nonseed purposes in a manner approved by the Director.

      3.  If the seed potatoes are found to be free from bacterial ring rot, and other potato diseases are not present in excess of that allowed under the standards set for Nevada certified seed potatoes, the Director shall release the potatoes.

      Sec. 11. NRS 587.131 is hereby amended to read as follows:

      587.131  As used in NRS 587.131 to [587.185,] 587.181, inclusive, unless the context requires otherwise:

      1.  “Advisory Board” means the Alfalfa Seed Advisory Board.

      2.  “Alfalfa seed” means the seed that is harvested from any variety of alfalfa plant.

      3.  “Dealer” means any person, partnership, association, corporation, cooperative or other business unit or device that first handles, packs, ships, buys and sells alfalfa seed.

      4.  “Grower” means any landowner personally engaged in growing alfalfa seed, or both the owner and tenant jointly, and includes a person, partnership, association, corporation, cooperative organization, trust, sharecropper or any and all other business units, devices or arrangements that grow alfalfa seed.

      Sec. 12. NRS 587.151 is hereby amended to read as follows:

      587.151  1.  The State Board of Agriculture has the following powers and duties:

      (a) To appoint the members of the Advisory Board, to fix their term of office and to fill all vacancies.

      (b) To establish procedures for the Nevada alfalfa seed industry to recommend persons for appointment to the Advisory Board.

      (c) To administer, enforce and control the collection of assessments levied for the Alfalfa Seed Research and Promotion Account.

      (d) To authorize payments from the Alfalfa Seed Research and Promotion Account upon the recommendation of the Advisory Board.

      (e) To contract with natural persons or agencies for the conduct or management of research and market promotion projects.

      (f) To adopt regulations to carry out the provisions of NRS [587.135 to 587.185,] 587.131 to 587.181, inclusive.

      2.  Money from the State General Fund may not be utilized by the State Board of Agriculture in carrying out the provisions of NRS 587.131 to [587.185,] 587.181, inclusive. Expenditures for those purposes must be made only from the Alfalfa Seed Research and Promotion Account created by NRS 561.409, and are subject to the limitations stated in that section.

      Sec. 13. NRS 587.450 is hereby amended to read as follows:

      587.450  1.  If any quantity of any agricultural product shall have been inspected and a certificate issued under NRS 587.290 to 587.450, inclusive, showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of such product at the time and place of such inspection was other than as shown by such certificate.

      2.  Whenever any standard for a container for an agricultural product becomes effective under NRS 587.290 to 587.450, inclusive, no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable unless the container conforms to the standard, subject to such variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from outside the State and offered for sale, consigned for sale or sold in the original package, but no agricultural product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.

 


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variations therefrom as may be allowed, in the regulations made under NRS 587.290 to 587.450, inclusive, or unless such product is brought from outside the State and offered for sale, consigned for sale or sold in the original package, but no agricultural product shall be offered for sale which bears a label containing any superlative word or words designating a superior or higher quality unless the product shall conform to the highest grade specification adopted under the provisions of NRS 587.410.

      [3.  Any person violating this section shall be guilty of a misdemeanor.]

      Sec. 14. NRS 587.650 is hereby amended to read as follows:

      587.650  It is unlawful for any person to prepare, pack, place, deliver for shipment, deliver for sale, load, ship, transport or sell in the State of Nevada any nuts, fresh fruits or vegetables in bulk or in any container or subcontainer unless 90 percent by weight or more of such fruits, nuts or vegetables in bulk or in any container or subcontainer , as established by the inspection of a representative sample , [which] are free from any defects, including, without limitation, any insect injury which has penetrated or damaged the edible portion, worms, internal breakdown, mold or decay. [In addition, not more than 5 percent tolerance shall be allowed for any one defect.]

      Sec. 15. NRS 587.660 is hereby amended to read as follows:

      587.660  The provisions of NRS 587.590 to 587.650, inclusive, apply only to those fruits, nuts or vegetables for which specific quality standards are not otherwise established by this chapter or by regulations adopted by the Director. [All nuts, fruits and vegetables if offered for sale must be mature but not overripe.]

      Sec. 16. NRS 556.110, 587.185, 587.500, 587.520, 587.670, 587.680 and 587.690 are hereby repealed.

      Sec. 17.  Any regulations adopted by the Director of the State Department of Agriculture pursuant to NRS 587.680 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after July 1, 2015.

      Sec. 18.  This act becomes effective on July 1, 2015.

________

CHAPTER 98, AB 99

Assembly Bill No. 99–Assemblyman Ellison

 

CHAPTER 98

 

[Approved: May 18, 2015]

 

AN ACT relating to sanitation; exempting an organizational camp that is owned or operated by a nonprofit organization from the sanitation requirements applicable to construction and labor camps in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes certain sanitation requirements relating to the construction and operation of a construction or labor camp where five or more persons are employed. (NRS 444.130-444.200) This bill exempts from those provisions an organizational camp that is owned or operated by a nonprofit organization that qualifies as a tax-exempt organization if the camp takes place on property for which a special use permit has been issued by the United States Department of Agriculture subject to an agreement with the Department.

 


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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. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      An organizational camp that is owned or operated by a nonprofit organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which takes place on property for which a special use permit has been issued by the United States Department of Agriculture subject to an agreement with the Department is not subject to the provisions of NRS 444.130 to 444.200, inclusive, so long as the agreement remains in force.

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

________

CHAPTER 99, AB 144

Assembly Bill No. 144–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 99

 

[Approved: May 18, 2015]

 

AN ACT relating to land use planning; revising provisions governing the membership of the Executive Council of the Land Use Planning Advisory Council; requiring that any recommendations and proposed regulations relating to land use planning policies in areas of critical environmental concern be developed by the Land Use Planning Advisory Council; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Land Use Planning Advisory Council, consisting of 17 voting members appointed by the Governor and 1 nonvoting member appointed by the Nevada Association of Counties, advises the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources on matters relating to land use planning and the development of plans and policy statements involving the acquisition and use of lands under federal management. (NRS 321.740, 321.750) The Executive Council of the Land Use Planning Advisory Council, which consists of the Administrator and four persons selected by the Advisory Council from among its members, makes recommendations for land use planning in areas of critical environmental concern and resolves inconsistencies between the land use plans of local government entities. (NRS 321.755, 321.763) As recommended by the Sunset Subcommittee of the Legislative Commission (NRS 232B.210-232B.250), section 1 of this bill requires the Land Use Planning Advisory Council to ensure, to the extent practicable, that the appointed members of the Executive Council are representative of the various geographic areas of this State. Section 2 of this bill requires that any recommendations and proposed regulations relating to land use planning policies in areas of critical environmental concern be developed by the Land Use Planning Advisory Council instead of the Executive Council.

 


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ê2015 Statutes of Nevada, Page 375 (Chapter 99, AB 144)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 321.755 is hereby amended to read as follows:

      321.755  1.  The Executive Council of the Land Use Planning Advisory Council is hereby created to [consider and make recommendations for land use planning in areas of critical environmental concern and to] resolve inconsistencies between the land use plans of local government entities.

      2.  The Executive Council consists of the Administrator and four persons selected by the Land Use Planning Advisory Council from among its members. To the extent practicable, the members selected to serve on the Executive Council must be representative of the various geographic areas of this State. Each member of the Executive Council shall serve for 2-year terms.

      Sec. 2. NRS 321.770 is hereby amended to read as follows:

      321.770  1.  The State Land Use Planning Agency shall provide assistance in land use planning for areas of critical environmental concern:

      (a) When the Governor directs that the Agency review and assist in land use planning for an area the Governor finds to be of critical environmental concern.

      (b) When one or more local government entities request that the Agency advise and assist in land use planning for an area which affects them and which they consider to be of critical environmental concern.

      2.  Upon receipt of a directive or a request pursuant to subsection 1, the Administrator shall study the problems of the area described and meet with the affected local government entities to receive their initial comments and recommendations. The Administrator shall then submit the matter of planning for the area of critical environmental concern to the [Executive Council of the] Land Use Planning Advisory Council for consideration and recommendation.

      3.  The [Executive] Land Use Planning Advisory Council shall include in its procedures one or more public hearings upon notice given by at least one publication at least 20 days before the hearing in a newspaper or combination of newspapers having general circulation throughout the area affected and each city and county any portion of whose territory lies within such area. The notice shall state with particularity the subject of the hearing.

      4.  Following completion of the hearings and consideration of other information, the [Executive] Land Use Planning Advisory Council shall make its final recommendations for land use planning policies in the area of critical environmental concern. The recommendations may include proposed land use regulations to carry out such policies.

      5.  No land use regulation adopted by the [Executive Council] Land Use Planning Advisory Council pursuant to this section may become effective without the approval of the Governor.

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

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CHAPTER 100, AB 456

Assembly Bill No. 456–Committee on Legislative Operations and Elections

 

CHAPTER 100

 

[Approved: May 18, 2015]

 

AN ACT relating to governmental administration; abolishing the Advisory Committee Concerning the Children’s Health Insurance Program, the Fund for the Institutional Care of the Medically Indigent and the Board of Trustees of the Fund, the Rural Advisory Board to Expedite Proceedings for the Placement of Children, the Advisory Board on Water Resources Planning and Development, the Collection Agency Advisory Board and the State and Local Government Panel on Renewable and Efficient Energy; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Advisory Committee Concerning the Children’s Health Insurance Program to provide advice and recommendations to the Nevada Indian Commission concerning the Children’s Health Insurance Program. (NRS 233A.101-233A.107)

      Existing law creates the Fund for the Institutional Care of the Medically Indigent and provides for the administration of the Fund by the Board of Trustees of the Fund. The money in the Fund is required to be used to provide assistance to a county which is unable to make a payment required by an interlocal agreement between the Department of Health and Human Services and the county to pay the expenses for the institutional care for the medically indigent pursuant to the State Plan for Medicaid. (NRS 428.410-428.490)

      Existing law creates the Rural Advisory Board to Expedite Proceedings for the Placement of Children, within the Division of Child and Family Services of the Department of Health and Human Services, to expedite and limit the periods for certain procedures involved in proceedings for the placement of children. (NRS 432B.602)

      Existing law creates the Advisory Board on Water Resources Planning and Development to advise and make recommendations concerning policies for water planning to the Water Planning Section of the Division of Water Resources of the State Department of Conservation and Natural Resources. (NRS 540.111)

      Existing law creates the Collection Agency Advisory Board to make recommendations to the Legislature concerning legislation relating to collection agencies. (NRS 649.047, 649.049)

      Existing law creates the State and Local Government Panel on Renewable and Efficient Energy to advise the Director of the Office of Energy on renewable energy retrofit projects at public buildings and schools. (NRS 701.450-701.465)

      As recommended by the Sunset Subcommittee of the Legislative Commission (NRS 232B.210-232B.250), this bill abolishes: (1) the Advisory Committee Concerning the Children’s Health Insurance Program; (2) the Fund for the Institutional Care of the Medically Indigent and the Board of Trustees of the Fund; (3) the Rural Advisory Board to Expedite Proceedings for the Placement of Children; (4) the Advisory Board on Water Resources Planning and Development; (5) the Collection Agency Advisory Board; and (6) the State and Local Government Panel on Renewable and Efficient Energy.

      Sections 1 and 2 of this bill delete various statutory references to certain advisory boards which are abolished by this bill.

 


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ê2015 Statutes of Nevada, Page 377 (Chapter 100, AB 456)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 432B.290 is hereby amended to read as follows:

      432B.290  1.  Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

      2.  Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

      (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

      (b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

      (c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

             (1) The child; or

             (2) The person responsible for the welfare of the child;

      (d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

      (e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

      (f) A court as defined in NRS 159.015 to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive;

      (g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

      (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

 


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      (k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

      (l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

      (m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

      (n) A team organized pursuant to NRS 432B.350 for the protection of a child;

      (o) A team organized pursuant to NRS 432B.405 to review the death of a child;

      (p) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

      (q) The child over whom a guardianship is sought pursuant to chapter 159 of NRS or NRS 432B.466 to 432B.468, inclusive, if:

             (1) The child is 14 years of age or older; and

             (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

      (r) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

      (s) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

      (t) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

             (1) The identity of the person making the report is kept confidential; and

             (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

      (u) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

      (v) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

 


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      (w) [The Rural Advisory Board to Expedite Proceedings for the Placement of Children created pursuant to NRS 432B.602 or a] A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

      (x) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

      (y) An employer in accordance with subsection 3 of NRS 432.100;

      (z) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence; or

      (aa) The Committee to Review Suicide Fatalities created by NRS 439.5104.

      3.  An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

      (a) A copy of:

             (1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

             (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child; or

      (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child. The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.

      4.  Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

      5.  The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition.

 


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ê2015 Statutes of Nevada, Page 380 (Chapter 100, AB 456)ê

 

the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

      7.  If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

      8.  Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

      9.  An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

      10.  Any person, except for:

      (a) A district attorney or other law enforcement officer initiating legal proceedings; or

      (b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151,

Ê who is provided with information maintained by an agency which provides child welfare services and further disseminates this information, or who makes this information public, is guilty of a gross misdemeanor.

      11.  An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

      12.  An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

      Sec. 2. NRS 432B.604 is hereby amended to read as follows:

      432B.604  1.  The district court in each judicial district that includes a county whose population is less than 100,000 shall create a local advisory board to expedite proceedings for the placement of children. The district court shall appoint to the local advisory board:

      (a) One member who is representative of foster parents;

      (b) One member who is representative of attorneys in public or private practice;

      (c) One member who is employed by the Division of Child and Family Services;

      (d) One member who is either employed by the public school system and works with children on a regular basis, or works in the field of mental health and works with children on a regular basis; and

      (e) One member who is a resident of the judicial district in which the local advisory board is created.

 

 


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ê2015 Statutes of Nevada, Page 381 (Chapter 100, AB 456)ê

 

      2.  The district court shall provide for initial terms of each member of the local advisory board so that the terms are staggered. After the initial terms, the members of the local advisory board shall serve terms of 4 years. Any member of the local advisory board may be reappointed. If a vacancy occurs during the term of a member, the district court shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term. The district court may remove a member from the local advisory board if the member neglects his or her duty or commits malfeasance in office.

      3.  [The district court shall appoint two members of the local advisory board to serve on the Rural Advisory Board created pursuant to NRS 432B.602.

      4.]  Members of a local advisory board serve without compensation, and necessary travel and per diem expenses may not be reimbursed.

      [5.]4.  The Division of Child and Family Services shall provide each local advisory board with administrative support and shall provide any information requested by a local advisory board to the local advisory board within 10 working days after receiving the request for information.

      [6.]5.  Each local advisory board shall:

      (a) At its first meeting and annually thereafter, elect a chair from among its members.

      (b) Review each case referred to it pursuant to NRS 432B.606, and provide the referring court and the Office of the Attorney General with any recommendations to expedite the completion of the case.

      (c) Twice each year, provide a report of its activities and any recommendations to expedite the completion of cases to the district court, the Division of Child and Family Services and the Legislature, or the Legislative Commission when the Legislature is not in regular session.

      [7.]6.  A local advisory board may review other cases as deemed appropriate by the district court.

      Sec. 3.  Any balance remaining in the Fund for the Institutional Care of the Medically Indigent must not be committed for expenditure after June 30, 2015, and must be reverted to the State General Fund on or before September 18, 2015.

      Sec. 4.  1.  Any regulations adopted by the Board of Trustees of the Fund for the Institutional Care of the Medically Indigent pursuant to NRS 428.480 are void. The Legislative Counsel shall remove those regulations from the Nevada Administrative Code as soon as practicable after the effective date of this section.

      2.  Any contract or agreement entered into pursuant to NRS 428.480 before the effective date of this section remains in effect in accordance with the provisions of the contract or agreement.

      Sec. 5. NRS 233A.101, 233A.102, 233A.103, 233A.104, 233A.106, 233A.107, 428.410, 428.420, 428.430, 428.440, 428.450, 428.460, 428.470, 428.480, 428.490, 432B.602, 540.111, 649.047, 649.049, 701.068, 701.450, 701.455, 701.460 and 701.465 are hereby repealed.

      Sec. 6.  1.  This section and sections 4 and 5 of this act become effective upon passage and approval.

      2.  Sections 1, 2 and 3 of this act become effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 382ê

 

CHAPTER 101, SB 427

Senate Bill No. 427–Committee on Finance

 

CHAPTER 101

 

[Approved: May 18, 2015]

 

AN ACT making a supplemental appropriation to the Office of the Attorney General for projected extradition costs; 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 Office of the Extradition Coordinator in the Office of the Attorney General the sum of $169,000 to replenish Fiscal Year 2014-2015 extradition funds used in 2014, and to supplement funds for Fiscal Year 2014-2015 due to increased extradition costs. This appropriation is supplemental to that made by section 4 of chapter 446, Statutes of Nevada 2013, at page 2593.

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

________

CHAPTER 102, AB 28

Assembly Bill No. 28–Committee on Health and Human Services

 

CHAPTER 102

 

[Approved: May 19, 2015]

 

AN ACT relating to long-term care; requiring the State Long-Term Care Ombudsman to develop certain training to be made available to officers, directors and employees of a facility for long-term care; requiring the Ombudsman to provide certain training to advocates who assist the Ombudsman in providing services to the residents of a facility; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “facility for long-term care” to include certain types of facilities that provide long-term care. (NRS 427A.028) Existing law requires the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services to appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. (NRS 427A.125) This bill requires the Ombudsman to develop a course of training to be made available to officers, directors and employees of a facility for long-term care that encourages such facilities to allow their residents to follow their own routine and make their own decisions concerning the daily activities in which to participate.

 


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ê2015 Statutes of Nevada, Page 383 (Chapter 102, AB 28)ê

 

      Existing law authorizes the Administrator to appoint one or more advocates to assist the Ombudsman. (NRS 427A.127) Existing law requires the Ombudsman, under the direction of the Administrator, to provide certain training to such advocates. (NRS 427A.125) This bill requires such training to include training to assist facilities for long-term care to provide services in a manner that allows the residents of such facilities to follow their own routine and make their own decisions concerning the daily activities in which to participate.

 

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 427A.125 is hereby amended to read as follows:

      427A.125  1.  The Office of the State Long-Term Care Ombudsman is hereby created within the Division.

      2.  The Administrator shall appoint the State Long-Term Care Ombudsman to advocate for the protection of the health, safety, welfare and rights of residents of facilities for long-term care. The Ombudsman is in the classified service of the State. The Ombudsman shall, under direction of the Administrator:

      (a) Train advocates to:

             (1) Receive, investigate and attempt to resolve complaints made by or on behalf of residents of facilities for long-term care.

             (2) Investigate acts, practices, policies or procedures of any facility for long-term care or any governmental agency which relates to such care and may adversely affect the health, safety, welfare or civil rights of residents of such facilities, and report the results of the investigations to the Ombudsman and the Administrator.

             (3) Record and analyze information and complaints about facilities for long-term care to identify problems affecting their residents.

             (4) Provide for the support and development of resident and family councils to protect the well-being and rights of residents of facilities for long-term care.

             (5) Assist facilities for long-term care to provide services to residents in the manner set forth in paragraph (b).

      (b) Develop a course of training to be made available to officers, directors and employees of a facility for long-term care to encourage such facilities to provide services to their residents in a manner that allows the residents to follow their own routine and make their own decisions concerning the daily activities in which to participate. The course must also provide information concerning how to provide services in that manner.

      (c) Coordinate services within the Department which may affect residents and prospective residents of facilities for long-term care to ensure that such services are made available to eligible persons.

      [(c)] (d) Recommend and review policies, legislation and regulations, both in effect and proposed, which affect facilities for long-term care.

      [(d)] (e) Upon request, advise and assist the Governor, the Legislature and public and private groups in formulating and putting into effect policies which affect facilities for long-term care and their residents.

 


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ê2015 Statutes of Nevada, Page 384 (Chapter 102, AB 28)ê

 

      [(e)] (f) Provide information to interested persons and to the general public concerning the functions and activities of the Ombudsman.

      [(f)] (g) Report annually to the Administrator.

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

________

CHAPTER 103, AB 42

Assembly Bill No. 42–Committee on Health and Human Services

 

CHAPTER 103

 

[Approved: May 19, 2015]

 

AN ACT relating to cancer; authorizing the use of a radiation machine for mammography for screening, diagnostic or therapeutic purposes; revising provisions governing the system for reporting information on cancer maintained by the Chief Medical Officer; removing fees imposed on health care facilities for abstracting information from the facilities in certain circumstances; revising the penalty for certain violations relating to the reporting of such information; repealing an obsolete provision; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Division of Public and Behavioral Health of the Department of Health and Human Services to issue a certificate of authorization for a radiation machine for mammography if certain requirements are met. (NRS 457.184) Section 1 of this bill removes the requirement that such a machine be used exclusively for mammography and additionally authorizes the use of such a machine for screening, diagnostic or therapeutic purposes.

      Existing law requires certain facilities that provide screening, diagnostic or therapeutic services with respect to cancer and physicians who diagnose or provide treatment for cancer to report incidences of cancer pursuant to a system established by the Chief Medical Officer. (NRS 457.230, 457.240) Sections 2-4 of this bill authorize the State Board of Health to require the reporting of incidences of other neoplasms to the system as well. Additionally, section 2 requires any provider of health care who diagnoses or provides treatment for cancer or other neoplasms to report such information.

      Existing law requires: (1) the chief administrative officer of each health care facility to make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility for each case of neoplasm which is required to be reported; (2) the Division to abstract or require the facility to abstract certain information from such records; and (3) the Board to impose a fee on a health care facility from whose records such information is abstracted. (NRS 457.250) Section 4 removes the fee imposed on a health care facility that abstracts information from its own records at the request of the Division. Section 4 removes the criminal penalty for violating these provisions and instead provides for an administrative penalty to be prescribed by the Board.

      Existing law requires the Division to make certain data relating to cancer available to any qualified researcher who complies with certain conditions. (NRS 457.260) Section 5 of this bill requires a qualified researcher who wishes to obtain such data to be conducting valid scientific research.

      Section 6 of this bill repeals a provision that designates the Nevada Cancer Institute as the official cancer institute for this State because that entity no longer exists.

 


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ê2015 Statutes of Nevada, Page 385 (Chapter 103, AB 42)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 457.184 is hereby amended to read as follows:

      457.184  1.  The owner, lessee or other responsible person shall not operate or allow to be operated a radiation machine for mammography unless he or she:

      (a) Has a valid certificate of authorization from the Division for the machine; and

      (b) Is accredited by the American College of Radiology or meets the standards established by the [Division] State Board of Health pursuant to subsection 2 of NRS 457.065.

      2.  To obtain a certificate of authorization from the Division for a radiation machine for mammography, a person must:

      (a) Submit an application to the Division on a form provided by the [Division and provide any additional information required by the] Division;

      (b) Provide any additional information required by the Division; and

      (c) Pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

      3.  After an inspection, the Division shall issue a certificate of authorization for a radiation machine for mammography if the machine:

      (a) Meets the standards adopted by the State Board of Health pursuant to subsection 2 of NRS 457.065;

      (b) Is specifically designed to perform mammography; and

      (c) Is used [exclusively] to perform mammography [.] and may be used for screening, diagnostic or therapeutic purposes.

      4.  A certificate of authorization for a radiation machine for mammography expires 1 year after the date on which it was issued unless renewed before that date. The Division may require an inspection of the machine as a prerequisite to renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the process of renewing certificates.

      5.  A person who owns or leases or is otherwise responsible for more than one radiation machine for mammography shall obtain a certificate of authorization for each radiation machine.

      Sec. 2. NRS 457.230 is hereby amended to read as follows:

      457.230  1.  The Chief Medical Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer [.] and other neoplasms.

      2.  The system must include a record of the cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:

      (a) The conducting of comprehensive epidemiologic surveys of cancer , [and] cancer-related diseases and other neoplasms in this state; and

      (b) The evaluation of the appropriateness of measures for the prevention and control of cancer [.] and other neoplasms.

      3.  Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer and other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.

 


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ê2015 Statutes of Nevada, Page 386 (Chapter 103, AB 42)ê

 

cancer and other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.

      4.  [Physicians] Any provider of health care who [diagnose] diagnoses or [provide] provides treatment for cancer [,] or other neoplasms, except for cases directly referred or previously admitted to a hospital, medical laboratory or other facility described in subsection 3, shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.

      5.  As used in this section [, “medical] :

      (a) “Medical laboratory” has the meaning ascribed to it in NRS 652.060.

      (b) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 3. NRS 457.240 is hereby amended to read as follows:

      457.240  The State Board of Health shall by regulation:

      1.  Prescribe the form and manner in which the information on cases of cancer and other neoplasms must be reported;

      2.  Specify the [malignant] neoplasms which must be reported;

      3.  Prescribe other information to be included in each such report, for example, the patient’s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer or other neoplasms in the patient’s family, and the places where the patient has resided; and

      4.  Establish a protocol for obtaining access to and preserving the confidentiality of the patients’ records needed for research into cancer [.] and other neoplasms.

      Sec. 4. NRS 457.250 is hereby amended to read as follows:

      457.250  1.  The chief administrative officer of each health care facility in this state shall make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility for [every] each case of [malignant neoplasms which are] neoplasm that is specified by the State Board of Health as subject to reporting.

      2.  The Division shall abstract from the records of the health care facility or shall require the health care facility to abstract from their own records such information as is required by the State Board of Health. The Division shall compile the information timely and not later than 6 months after it abstracts the information or receives the abstracted information from the health care facility.

      3.  The State Board of Health shall by regulation adopt a schedule of fees which must be assessed to the health care facility for each case from which information is abstracted by the Division [or by the health care facility] pursuant to subsection 2. [The fee assessed to a facility which abstracts information from its own records must not exceed one-third of the amount assessed to facilities for which the Division abstracts.]

      4.  Any person who violates this section is [guilty of a misdemeanor and shall be punished by a fine of $1,000, and may be further punished by imprisonment in the county jail for not more than 6 months.] subject to the administrative penalty established by the State Board of Health pursuant to subsection 5.

      5.  The State Board of Health shall adopt regulations establishing the administrative penalty for any violation of this section.

 


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ê2015 Statutes of Nevada, Page 387 (Chapter 103, AB 42)ê

 

      Sec. 5. NRS 457.260 is hereby amended to read as follows:

      457.260  1.  The Division shall publish reports based upon the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and shall make other appropriate uses of the material to [identify] report and assess trends in the incidence of cancer in a particular area or population, advance research and education concerning cancer and improve treatment of the disease.

      2.  The Division shall provide any qualified researcher whom the Division determines is conducting valid scientific research with data from the reported information upon the researcher’s:

      (a) Compliance with appropriate conditions as established under the [Board’s] regulations [;] of the State Board of Health; and

      (b) Payment of a fee to cover the cost of providing the data.

      Sec. 6. NRS 457.075 is hereby repealed.

      Sec. 7.  This act becomes effective on July 1, 2015.

________

CHAPTER 104, AB 52

Assembly Bill No. 52–Committee on Health and Human Services

 

CHAPTER 104

 

[Approved: May 19, 2015]

 

AN ACT relating to child welfare; revising provisions concerning the persons responsible for a child’s welfare; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law specifies when a person is responsible for a child’s welfare. (NRS 432B.130) This bill clarifies that a public or private home, institution or facility is responsible for a child’s welfare if the child resides or receives care at the home, institution or facility.

 

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 432B.130 is hereby amended to read as follows:

      432B.130  A person is responsible for a child’s welfare under the provisions of this chapter if the person is the child’s parent, guardian, a stepparent with whom the child lives, an adult person continually or regularly found in the same household as the child, [or a person directly responsible or serving as a volunteer for or employed in] a public or private home, institution or facility where the child actually resides or is receiving [child] care outside of the home for all or a portion of the day [.] , or a person directly responsible or serving as a volunteer for or employed by such a home, institution or facility.

________

 


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ê2015 Statutes of Nevada, Page 388ê

 

CHAPTER 105, AB 63

Assembly Bill No. 63–Committee on Legislative Operations and Elections

 

CHAPTER 105

 

[Approved: May 19, 2015]

 

AN ACT relating to campaign practices; clarifying that certain candidates who are elected despite ending their campaigns must file with the Secretary of State certain campaign finance reports; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, each candidate for elected office must report to the Secretary of State contributions and campaign expenses, certain loans to the candidate and loans previously made to the candidate that have been forgiven, and contributions to and expenditures made from a legal defense fund. Existing law specifies the dates, both before and after an election, by which the reports must be filed. (NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286, 294A.362) A candidate for office who ends his or her campaign without officially withdrawing may simultaneously file all of the reports that are still due from the candidate, once the candidate has disposed of any unspent or excess contributions and has notified the Secretary of State that he or she is ending the campaign and will no longer accept contributions. (NRS 294A.350) This bill clarifies that if such a candidate is elected to office, despite ending his or her campaign, the candidate must begin filing campaign finance reports again, starting with the next report that is due after his or her election to office.

 

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 294A.350 is hereby amended to read as follows:

      294A.350  1.  Except as otherwise provided in subsection 2, every candidate for office shall file the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200 , [and] 294A.286 [,] and 294A.362, even though the candidate:

      (a) Withdraws his or her candidacy pursuant to NRS 293.202 or 293C.195;

      (b) Ends his or her campaign without withdrawing his or her candidacy pursuant to NRS 293.202 or 293C.195;

      (c) Receives no contributions;

      (d) Has no campaign expenses;

      (e) Is not opposed in the election by another candidate;

      (f) Is defeated in the primary election;

      (g) Is removed from the ballot by court order; or

      (h) Is the subject of a petition to recall and the special election is not held.

      2.  [Except as otherwise provided in subsection 3, a] A candidate described in paragraph (a), (b), (f) or (g) of subsection 1 may simultaneously file all the reports required by NRS 294A.120, 294A.125, 294A.128, 294A.200 , [and] 294A.286 and 294A.362 that are due after the candidate disposes of any unspent or excess contributions as provided in subsections 4 and 5 of NRS 294A.160, as applicable, if the candidate gives written notice to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions.

 


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ê2015 Statutes of Nevada, Page 389 (Chapter 105, AB 63)ê

 

to the Secretary of State, on the form prescribed by the Secretary of State, that the candidate is ending his or her campaign and will not accept any additional contributions. If the candidate has submitted a withdrawal of candidacy pursuant to NRS 293.202 or 293C.195 to an officer other than the Secretary of State, the candidate must enclose with the notice a copy of the withdrawal of candidacy. A form submitted to the Secretary of State pursuant to this subsection must be signed by the candidate under an oath to God or penalty of perjury. A candidate who signs the form under an oath to God is subject to the same penalties as if the candidate had signed the form under penalty of perjury.

      3.  [This section does not exempt a person whose name appears on the ballot and who] A candidate described in paragraph (b) of subsection 1 who simultaneously files reports pursuant to subsection 2 but is elected to office [from any reporting requirement of this chapter.] despite ending his or her campaign is subject to the reporting requirements set forth in NRS 294A.120, 294A.125, 294A.128, 294A.200, 294A.286 and 294A.362, beginning with the next report that is due pursuant to those sections after his or her election to office.

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

________

CHAPTER 106, AB 137

Assembly Bill No. 137–Assemblymen Ellison, Wheeler, Hambrick, Fiore, Hansen; Armstrong, Dickman, Gardner, Hickey, Kirner, Munford, O’Neill, Oscarson, Seaman, Silberkraus, Stewart and Trowbridge

 

Joint Sponsors: Senators Goicoechea; and Settelmeyer

 

CHAPTER 106

 

[Approved: May 19, 2015]

 

AN ACT relating to contractors; revising provisions regarding the advertising of construction services and the soliciting of construction bids; increasing penalties for certain violations of provisions governing contractors; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires persons engaged in certain construction work to be licensed contractors, regulates the activities of licensed contractors, prohibits persons from making certain advertising claims about themselves as contractors, and provides criminal and monetary penalties for violations of the preceding provisions. (Chapter 624 of NRS)

      Under existing law, it is unlawful for a licensed contractor or an applicant to become a licensed contractor to misrepresent a material fact in connection with any information or evidence furnished officially to the State Contractors’ Board. (NRS 624.3013) Section 2 of this bill expands the prohibition to include omissions of material facts as well as misrepresentations.

      Section 3 of this bill adds the solicitation of a bid or estimate from a person known by a licensed contractor to be unlicensed to the list of acts for which a licensed contractor may be subject to disciplinary action.

 


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ê2015 Statutes of Nevada, Page 390 (Chapter 106, AB 137)ê

 

      Existing law prohibits licensed contractors and other persons from engaging in certain acts of advertising that are false or misleading. (NRS 624.720) Section 5 of this bill: (1) requires any person who advertises to perform or complete construction work or a work of improvement, and who is not a licensed contractor, to affirmatively state in the advertisement that they are not licensed; and (2) makes it unlawful for any person to advertise to perform or complete construction work or a work of improvement using a license number not assigned to that person.

      Section 6 of this bill increases the monetary fines that may be imposed for violations of certain provisions of chapter 624 of NRS. In addition, section 6 provides for an enhancement of such monetary fines under certain circumstances.

      Section 4 of this bill makes 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.  (Deleted by amendment.)

      Sec. 2. NRS 624.3013 is hereby amended to read as follows:

      624.3013  The following acts, among others, constitute cause for disciplinary action pursuant to NRS 624.300:

      1.  Failure to keep records showing all contracts, documents, receipts and disbursements by a licensee of all of the licensee’s transactions as a contractor and to keep them open for inspection by the Board or Executive Officer for a period of not less than 3 years after the completion of any construction project or operation to which the records refer.

      2.  Misrepresentation or omission of a material fact by an applicant or licensee in connection with any information or evidence furnished the Board in connection with official matters of the Board.

      3.  Failure to establish financial responsibility pursuant to NRS 624.220 and 624.260 to 624.265, inclusive, at the time of renewal of the license or at any other time when required by the Board.

      4.  Failure to keep in force the bond or cash deposit pursuant to NRS 624.270 for the full period required by the Board.

      5.  Failure in any material respect to comply with the provisions of this chapter or the regulations of the Board.

      Sec. 3. NRS 624.3014 is hereby amended to read as follows:

      624.3014  The following acts, among others, constitute cause for disciplinary action under NRS 624.300:

      1.  Acting in the capacity of a contractor under any license issued hereunder except:

      (a) In the name of the licensee as set forth upon the license.

      (b) As an employee of the licensee as set forth in the application for such license or as later changed pursuant to this chapter and the rules and regulations of the Board.

      2.  With the intent to evade the provisions of this chapter:

      (a) Aiding or abetting an unlicensed person to evade the provisions of this chapter.

      (b) Combining or conspiring with an unlicensed person to perform an unauthorized act.

      (c) Allowing a license to be used by an unlicensed person.

      (d) Acting as agent, partner or associate of an unlicensed person.

      (e) Furnishing estimates or bids to an unlicensed person.

 


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ê2015 Statutes of Nevada, Page 391 (Chapter 106, AB 137)ê

 

      [3.] (f) Soliciting a bid or estimate from a person known by the licensee to be unlicensed pursuant to this chapter.

      3.  Any attempt by a licensee to assign, transfer or otherwise dispose of a license or permit the unauthorized use thereof.

      Sec. 4. NRS 624.710 is hereby amended to read as follows:

      624.710  1.  If any person violates the provisions of subsection 1 of NRS 624.700, [subsection 1, 2 or 3] subsections 1 to 5, inclusive, of NRS 624.720 , or NRS 624.740, the Board may impose for each violation an administrative fine in an amount that is not less than $1,000 and not more than $50,000.

      2.  The Board shall, by regulation, establish standards for use by the Board in determining the amount of an administrative fine imposed pursuant to this section. The standards must include, without limitation, provisions requiring the Board to consider:

      (a) The gravity of the violation;

      (b) The good faith of the person; and

      (c) Any history of previous violations of the provisions of this chapter or the regulations of the Board committed by the person.

      3.  An administrative fine imposed pursuant to this section is in addition to any other penalty imposed pursuant to this chapter.

      4.  If the administrative fine and any interest imposed pursuant to NRS 624.300 is not paid when due, the fine and interest, if any, must be recovered in a civil action brought by the Attorney General on behalf of the Board.

      5.  All administrative fines and interest collected pursuant to this section must be deposited with the State Treasurer for credit to the Construction Education Account created pursuant to NRS 624.580.

      Sec. 5. NRS 624.720 is hereby amended to read as follows:

      624.720  1.  It is unlawful for any person, including a person exempt under the provisions of NRS 624.031, to advertise as a contractor unless the person has a license in the appropriate classification established by the provisions of NRS 624.215 and 624.220.

      2.  Notwithstanding any other provision of this chapter, any person not licensed pursuant to the provisions of this chapter who advertises to perform or complete construction work or a work of improvement must state in the advertisement that he or she is not licensed pursuant to this chapter.

      3.  It is unlawful for a licensed contractor to disseminate, as part of any advertising by the contractor, any false or misleading statement or representation of material fact that is intended, directly or indirectly, to induce another person to use the services of the contractor or to enter into any contract with the contractor or any obligation relating to such a contract.

      [3.] 4.  All advertising by a licensed contractor must include the name of the contractor’s company and the number of the contractor’s license.

      [4.] 5.  It is unlawful for any person, whether or not licensed pursuant to this chapter, to advertise to perform or complete construction work or a work of improvement using a license number that does not correspond to a valid license issued to that person under this chapter.

      6.  If, after giving notice and holding a hearing pursuant to NRS 624.291, the Board determines that a person has engaged in advertising in a manner that violates the provisions of this section, the Board may, in addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to:

 


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ê2015 Statutes of Nevada, Page 392 (Chapter 106, AB 137)ê

 

addition to any penalty, punishment or disciplinary action authorized by the provisions of this chapter, issue an order to the person to cease and desist the unlawful advertising and to:

      (a) Cause any telephone number included in the advertising, other than a telephone number to a provider of paging services, to be disconnected.

      (b) Request the provider of paging services to change the number of any beeper which is included in the advertising or disconnect the paging services to such a beeper, and to inform the provider of paging services that the request is made pursuant to this section.

      [5.] 7.  If a person fails to comply with paragraph (a) of subsection [4] 6 within 5 days after receiving an order pursuant to subsection [4,] 6, the Board may request the Public Utilities Commission of Nevada to order the appropriate provider of telephone service to disconnect any telephone number included in the advertisement, except for a telephone number to a provider of paging services. If a person fails to comply with paragraph (b) of subsection [4] 6 within 5 days after receiving an order pursuant to subsection [4,] 6, the Board may request the provider of paging services to switch the beeper number or disconnect the paging services provided to the person, whichever the provider deems appropriate.

      [6.] 8.  If the provider of paging services receives a request from a person pursuant to subsection [4] 6 or a request from the Board pursuant to subsection [5,] 7, it shall:

      (a) Disconnect the paging service to the person; or

      (b) Switch the beeper number of the paging service provided to the person.

Ê If the provider of paging services elects to switch the number pursuant to paragraph (b), it shall not forward or offer to forward the paging calls from the previous number, or provide or offer to provide a recorded message that includes the new beeper number.

      [7.] 9.  As used in this section:

      (a) “Advertising” includes, but is not limited to, the issuance of any sign, card or device, or the permitting or allowing of any sign or marking on a motor vehicle, in any building, structure, newspaper, magazine or airway transmission, on the Internet or in any directory under the listing of “contractor” with or without any limiting qualifications.

      (b) “Beeper” means a portable electronic device which is used to page the person carrying it by emitting an audible or a vibrating signal when the device receives a special radio signal.

      (c) “Provider of paging services” means an entity, other than a public utility, that provides paging service to a beeper.

      (d) “Provider of telephone service” has the meaning ascribed to it in NRS 707.355.

      Sec. 6. NRS 624.750 is hereby amended to read as follows:

      624.750  1.  It is unlawful for a person to commit any act or omission described in subsection 1 of NRS 624.3012, subsection 2 of NRS 624.3013, NRS 624.3014 or subsection 1, 3 or 7 of NRS 624.3016.

 

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 393 (Chapter 106, AB 137)ê

 

      2.  [Unless] Except as otherwise provided in subsection 3 and unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection 1, NRS 624.305, subsection 1 of NRS 624.700 or NRS 624.720 or 624.740:

      (a) For a first offense, is guilty of a misdemeanor and shall be punished by a fine of not [more] less than $1,000 [,] nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, is guilty of a gross misdemeanor and shall be punished by a fine of not less than [$2,000] $4,000 nor more than [$4,000,] $10,000, and may be further punished by imprisonment in the county jail for not more than 364 days.

      (c) For the third or subsequent offense, is guilty of a category E felony and shall be punished by a fine of not less than [$5,000] $10,000 nor more than [$10,000] $20,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      3.  If a person is guilty of a violation of subsection 1 of NRS 624.700, the maximum fines set forth in subsection 2 may be exceeded by adding thereto a fine enhancement of not more than 10 percent of the value of any contract that the person entered into in violation of subsection 1 of NRS 624.700, if that person commenced any work or received any money relating to the contract.

      4.  It is unlawful for a person to receive money for the purpose of obtaining or paying for services, labor, materials or equipment if the person:

      (a) Willfully fails to use that money for that purpose by failing to complete the improvements for which the person received the money or by failing to pay for any services, labor, materials or equipment provided for that construction; and

      (b) Wrongfully diverts that money to a use other than that for which it was received.

      [4.] 5.  Unless a greater penalty is otherwise provided by a specific statute, any person who violates subsection [3:] 4:

      (a) If the amount of money wrongfully diverted is $1,000 or less, is guilty of a gross misdemeanor and shall be punished by a fine of not less than $2,000 nor more than $4,000, and may be further punished by imprisonment in the county jail for not more than 364 days.

      (b) If the amount of money wrongfully diverted is more than $1,000, is guilty of a category E felony and shall be punished by a fine of not less than $5,000 nor more than $10,000, and may be further punished by imprisonment in the state prison for not less than 1 year and not more than 4 years.

      [5.] 6.  Imposition of a penalty provided for in this section is not precluded by any disciplinary action taken by the Board against a contractor pursuant to the provisions of NRS 624.300 to 624.305, inclusive.

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ê2015 Statutes of Nevada, Page 394ê

 

CHAPTER 107, AB 424

Assembly Bill No. 424–Committee on Health and Human Services

 

CHAPTER 107

 

[Approved: May 19, 2015]

 

AN ACT relating to public services for children; creating the Account for the Statewide Alert System for the Safe Return of Abducted Children in the State General Fund; authorizing the Committee for the Statewide Alert System to expend the money in the Account for certain purposes; authorizing the Committee to apply for gifts, grants and donations for certain purposes; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Committee for the Statewide Alert System which oversees and performs certain functions relating to the Statewide Alert System for the Safe Return of Abducted Children. (NRS 432.350, 432.360) Section 3 of this bill creates the Account for the Statewide Alert System for the Safe Return of Abducted Children in the State General Fund and requires the Committee to administer the Account, as recommended by the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) To the extent that money is available in the Account for this purpose, section 5 of this bill authorizes a member of the Committee who is not a representative of an agency in the Executive Department of State Government to receive reimbursement from the Account for expenses incurred while engaged in the business of the Committee, as recommended by the Sunset Subcommittee.

      Existing law authorizes the Committee to receive gifts, grants and donations for use in carrying out its duties. (NRS 432.360) As recommended by the Sunset Subcommittee, section 6 of this bill: (1) authorizes the Committee to apply for gifts, grants and donations for such purposes; and (2) requires the Committee to deposit such gifts, grants and donations in the Account.

 

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

      Sec. 2. “Account” means the Account for the Statewide Alert System for the Safe Return of Abducted Children created by section 3 of this act.

      Sec. 3. 1.  The Account for the Statewide Alert System for the Safe Return of Abducted Children is hereby created in the State General Fund.

      2.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      3.  The money in the Account must only be used to carry out the provisions of NRS 432.300 to 432.380, inclusive, and sections 2 and 3 of this act, and is hereby authorized for expenditure as a continuing appropriation for this purpose.

      4.  The Committee shall administer the Account, and claims against the Account must be paid as other claims against the State are paid.

 


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ê2015 Statutes of Nevada, Page 395 (Chapter 107, AB 424)ê

 

      5.  Any money remaining in the Account 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. 4. NRS 432.300 is hereby amended to read as follows:

      432.300  As used in NRS 432.300 to 432.380, inclusive, and sections 2 and 3 of this act, the words and terms defined in NRS 432.310, 432.320 and 432.330 and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 432.350 is hereby amended to read as follows:

      432.350  1.  There is hereby created the Committee for the Statewide Alert System consisting of 15 members as follows:

      (a) Five members appointed by the Governor who represent local law enforcement agencies;

      (b) Five members appointed by the Governor who represent state law enforcement agencies;

      (c) One representative of this State’s Emergency Alert System, appointed by the Nevada Broadcasters Association or its successor;

      (d) One representative of the Nevada Broadcasters Association or its successor, appointed by that Association;

      (e) One representative of the Department of Transportation, appointed by the Director of the Department of Transportation;

      (f) The Advocate for Missing or Exploited Children, appointed pursuant to NRS 432.157; and

      (g) One representative of the public at large, appointed by the Governor from among the names of nominees provided to the Governor pursuant to subsection 5.

      2.  The Governor shall select a Chair and Vice Chair of the Committee.

      3.  After the initial terms, each member of the Committee serves a term of 3 years. A vacancy on the Committee must be filled in the same manner as the original appointment.

      4.  Members of the Committee serve without salary or compensation [for their travel or per diem expenses.] , except that, while engaged in the business of the Committee, each member who is not an officer or employee of the State may receive the per diem allowance and travel expenses provided for state officers and employees generally, to the extent that money is available in the Account for that purpose.

      5.  The Committee shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (g) of subsection 1, or within 30 days after such a position on the Committee becomes vacant, submit to the Governor the names of at least three persons qualified for membership on the Committee pursuant to paragraph (g) of subsection 1. The Governor shall appoint a new member or fill the vacancy from the list, or request a new list. The Governor may appoint any qualified person who is a resident of this State to the position described in paragraph (g) of subsection 1.

      Sec. 6. NRS 432.360 is hereby amended to read as follows:

      432.360  1.  The Committee shall, in consultation with the Attorney General:

 

 

 

 


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ê2015 Statutes of Nevada, Page 396 (Chapter 107, AB 424)ê

 

      (a) Oversee the System;

      (b) Set forth the components of the System;

      (c) Supervise and evaluate any training associated with the System;

      (d) Monitor, review and evaluate the activations of the System to determine whether such activations complied with NRS 432.300 to 432.380, inclusive [;] , and sections 2 and 3 of this act; and

      (e) Conduct periodic tests of the System.

      2.  The Committee may:

      (a) Dedicate the System to one or more persons;

      (b) Establish a name for the System that is in addition to the definition set forth in NRS 432.330; and

      (c) [Accept] Apply for and accept gifts, grants and donations for use in carrying out the provisions of NRS 432.300 to 432.380, inclusive [.] , and sections 2 and 3 of this act. Any money so received must be deposited in the Account.

      Sec. 7.  This act becomes effective on July 1, 2015.

________

CHAPTER 108, SB 9

Senate Bill No. 9–Committee on Judiciary

 

CHAPTER 108

 

[Approved: May 19, 2015]

 

AN ACT relating to gaming; requiring the Nevada Gaming Commission to adopt regulations relating to the development of certain technology in gaming; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions for the licensing and control of gaming in this State. (Chapter 463 of NRS) Existing law also requires the Nevada Gaming Commission to adopt, amend or repeal regulations for purposes of carrying out those provisions. (NRS 463.150) This bill requires the Commission to adopt regulations which encourage manufacturers to develop and deploy gaming devices, associated equipment and various gaming support systems that incorporate innovative, alternative and advanced technology. This bill also provides that such regulations may include technical standards for the manufacture of gaming devices, associated equipment and various gaming support systems that incorporate certain features.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 463 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Legislature hereby declares that:

      (a) The State of Nevada leads the nation as the home state for companies that design, develop and bring to market the technology which supports the global gaming industry, including gaming devices, associated equipment and various gaming support systems.

 


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ê2015 Statutes of Nevada, Page 397 (Chapter 108, SB 9)ê

 

      (b) The continued growth and success of the gaming industry in the State of Nevada depends on the fostering of a business and regulatory environment that promotes continued advances in the use of technology in gaming, which improves the entertainment experience, encourages innovation and supports expansion of the domestic technology sector of the economy of this State.

      2.  The Commission shall, with the advice and assistance of the Board, adopt regulations which encourage manufacturers to develop and deploy gaming devices, associated equipment and various gaming support systems that incorporate innovative, alternative and advanced technology.

      3.  The regulations adopted pursuant to subsection 2 may include, without limitation, technical standards for the manufacture of gaming devices, associated equipment and gaming support systems that:

      (a) Define and differentiate between the requirements for and the outcomes of a game of skill, a game of chance and a hybrid game;

      (b) Allow flexibility in payout percentages or the outcome of a game as determined on the basis of nondiscriminatory identifiers;

      (c) Support integration of social networking technologies;

      (d) Facilitate among enrolled players the interactive and concurrent play of games supported by networked server computers;

      (e) Accommodate secure account wagering and transactions using electronic commerce; and

      (f) Require, when applicable, appropriate information to be disclosed to a player explaining that the outcome of a game will be affected by skill or identifiers.

      4.  As used in this section:

      (a) “Game of skill” means a game in which the skill of the player, rather than chance, is the dominant factor in affecting the outcome of the game as determined over a period of continuous play.

      (b) “Hybrid game” means a game in which a combination of the skill of the player and chance affects the outcome of the game as determined over a period of continuous play.

      (c) “Identifier” means any specific and verifiable fact concerning a player or group of players which is based upon objective criteria relating to the player or group of players, including, without limitation:

             (1) The frequency, value or extent of predefined commercial activity;

             (2) The subscription to or enrollment in particular services;

             (3) The use of a particular technology concurrent with the play of a gaming device;

             (4) The skill of the player;

             (5) The skill of the player relative to the skill of any other player participating in the same game;

             (6) The degree of skill required by the game; or

             (7) Any combination of subparagraphs (1) to (6), inclusive.

      (d) “Skill” means the knowledge, dexterity or any other ability or expertise of a natural person.

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

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ê2015 Statutes of Nevada, Page 398ê

 

CHAPTER 109, SB 96

Senate Bill No. 96–Senator Parks (by request)

 

CHAPTER 109

 

[Approved: May 19, 2015]

 

AN ACT relating to prison industries; revising provisions governing the use of money in the Fund for New Construction of Facilities for Prison Industries; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Fund for New Construction of Facilities for Prison Industries and requires the money in the Fund to be used: (1) to house new prison industries or to expand existing industries to provide additional employment of offenders; or (2) for any other purpose authorized by the Legislature. (NRS 209.192) This bill expands the authorized uses of money in the Fund and requires the Director of the Department of Corrections to repay the Fund under certain circumstances.

 

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 209.192 is hereby amended to read as follows:

      209.192  1.  There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to paragraph (c) of subsection 1 or paragraph (b) of subsection 2 of NRS 209.463. The money in the Fund must only be expended [to] :

      (a) To house new industries or expand existing industries in the industrial program to provide additional employment of offenders [or for] ;

      (b) To relocate, expand, upgrade or modify an existing industry in the industrial program to enhance or improve operations or security or to provide additional employment or training of offenders;

      (c) To purchase or lease equipment to be used for the training of offenders or in the operations of prison industries;

      (d) To pay or fund the operations of prison industries, including, without limitation, paying the salaries of staff and wages of offenders if the cash balance in the Fund for Prison Industries is below the average monthly expenses for the operation of prison industries;

      (e) To advertise and promote the goods produced and services provided by prison industries; or

      (f) For any other purpose authorized by the Legislature. [The money in the Fund must not be expended for relocating an existing industry in the industrial program unless the existing industry is being expanded to provide additional employment of offenders.]

      2.  Before money in the Fund may be expended [for construction,] :

      (a) As described in paragraphs (b) to (e), inclusive, of subsection 1, the Director shall submit a proposal for the expenditure to the Committee on Industrial Programs and the State Board of Examiners.

      (b) For construction, the Director shall submit a proposal for the expenditure to the State Board of Examiners.

 


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ê2015 Statutes of Nevada, Page 399 (Chapter 109, SB 96)ê

 

      3.  Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.

      [3.]4.  If any money in the Fund is used as described in paragraph (d) of subsection 1, the Director shall repay the amount used as soon as sufficient money is available in the Fund for Prison Industries.

      5.  The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.

      6.  As used in this section, “Fund” means Fund for New Construction of Facilities for Prison Industries.

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

________

CHAPTER 110, SB 104

Senate Bill No. 104–Senator Settelmeyer

 

CHAPTER 110

 

[Approved: May 19, 2015]

 

AN ACT relating to campaign practices; establishing certain exceptions to the requirement that political advertising must disclose information about the person or entity compensating the advertiser or paying for the advertising; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, if a person is compensated for publishing, within a specified period before the election, a statement expressly advocating the election or defeat of a candidate for state or local office, the statement must disclose the fact of the compensation and the name of the person, political party or committee for political action providing that compensation. (NRS 294A.347) Existing law also requires that certain types of political advertising must include: (1) a disclosure of the name of the person, political party or committee that paid for the advertising; and (2) if the advertising is approved by a candidate, a statement to that effect and additional information about the person or entity that paid for the advertising. (NRS 294A.348) This bill establishes exceptions to those disclosure requirements for any article of clothing, regardless of its cost, and certain other forms of political advertising having a retail cost per item of less than $5.

 

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 294A of NRS is hereby amended by adding thereto a new section to read as follows:

      The provisions of NRS 294A.347 and subsections 1 and 2 of NRS 294A.348 do not apply to any statement or communication appearing on:

 


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ê2015 Statutes of Nevada, Page 400 (Chapter 110, SB 104)ê

 

      1.  Any cap, hat, shirt or other article of clothing, regardless of its cost; or

      2.  Except as otherwise provided in this subsection, any item having a retail cost per item of less than $5, including, without limitation, any button, pen, pencil, ruler, magnet, key tag, emery board, comb, letter opener, can holder, bottle opener, jar opener, balloon or piece of candy. The exclusion otherwise provided by this subsection does not apply to any door hanger, bumper sticker, yard sign or advertising through a television or radio broadcast, newspaper, magazine, outdoor advertising facility or mailing.

      Sec. 2. NRS 294A.347 is hereby amended to read as follows:

      294A.347  1.  [A] Except as otherwise provided in section 1 of this act, a statement which:

      (a) Is published within 60 days before a general election or special election or 30 days before a primary election;

      (b) Expressly advocates the election or defeat of a clearly identified candidate for a state or local office; and

      (c) Is published by a person who receives compensation from the candidate, an opponent of the candidate or a person, political party or committee for political action,

Ê must contain a disclosure of the fact that the person receives compensation pursuant to paragraph (c) and the name of the person, political party or committee for political action providing that compensation.

      2.  A statement which:

      (a) Is published by a candidate within 60 days before a general election or special election or 30 days before a primary election; and

      (b) Contains the name of the candidate,

Ê shall be deemed to comply with the provisions of this section.

      3.  As used in this section, “publish” means the act of:

      (a) Printing, posting, broadcasting, mailing or otherwise disseminating; or

      (b) Causing to be printed, posted, broadcasted, mailed or otherwise disseminated.

      Sec. 3. NRS 294A.348 is hereby amended to read as follows:

      294A.348  1.  [A] Except as otherwise provided in section 1 of this act, a person, committee for political action, political party or committee sponsored by a political party that expends more than $100 for the purpose of financing a communication through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising that:

      (a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

      (b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising,

Ê shall disclose on the communication the name of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

      2.  [If] Except as otherwise provided in section 1 of this act, if a communication described in subsection 1 is approved by a candidate, in addition to the requirements of subsection 1, the communication must state that the candidate approved the communication and disclose the street address, telephone number and Internet address, if any, of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

 


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ê2015 Statutes of Nevada, Page 401 (Chapter 110, SB 104)ê

 

address, telephone number and Internet address, if any, of the person, committee for political action, political party or committee sponsored by a political party that paid for the communication.

      3.  A person, committee for political action, political party or committee sponsored by a political party that has an Internet website available for viewing by the general public or that sends out an electronic mailing to more than 500 people that:

      (a) Advocates expressly the election or defeat of a clearly identified candidate or group of candidates; or

      (b) Solicits a contribution through any television or radio broadcast, newspaper, magazine, outdoor advertising facility, mailing or any other type of general public political advertising,

Ê shall disclose on the Internet website or electronic mailing, as applicable, the name of the person, committee for political action, political party or committee sponsored by a political party.

      4.  The disclosures and statements required pursuant to this section must be clear and conspicuous, and easy to read or hear, as applicable.

________

CHAPTER 111, SB 131

Senate Bill No. 131–Senator Brower

 

CHAPTER 111

 

[Approved: May 19, 2015]

 

AN ACT relating to court reporters; increasing the compensation for certain services provided by a court reporter in district court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth the compensation that must be paid for various services provided by the official reporter or reporter pro tempore in a state district court. (NRS 3.370) This bill increases the compensation that must be paid to such court reporters for certain transcription and reporting services.

 

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 3.370 is hereby amended to read as follows:

      3.370  1.  Except as otherwise provided in subsection 3, for his or her services the official reporter or reporter pro tempore is entitled to the following compensation:

      (a) For being available to report civil and criminal testimony and proceedings when the court is sitting during traditional business hours on any day except Saturday or Sunday, [$170] $250 per day, to be paid by the county as provided in subsection 4.

      (b) For being available to report civil and criminal testimony and proceedings when the court is sitting beyond traditional business hours or on Saturday or Sunday:

 


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ê2015 Statutes of Nevada, Page 402 (Chapter 111, SB 131)ê

 

             (1) If the reporter has been available to report for at least 4 hours, $35 per hour for each hour of availability; or

             (2) If the reporter has been available to report for fewer than 4 hours, a pro rata amount based on the daily rate set forth in paragraph (a),

Ê to be paid by the county as provided in subsection 4.

      (c) For transcription:

             (1) Except as otherwise provided in subparagraph (2), for the original draft and any copy to be delivered:

                   (I) Within 24 hours after it is requested, [$7.50] $8.03 per page for the original draft and one copy, and [$2] $3.62 per page for each additional copy;

                   (II) Within 48 hours after it is requested, [$5.62] $6.01 per page for the original draft and one copy, and [$1.50] $2.72 per page for each additional copy;

                   (III) Within 4 days after it is requested, [$4.68] $5.01 per page for the original draft and one copy, and [$1.25] $2.26 per page for each additional copy; or

                   (IV) More than 4 days after it is requested, [$3.55] $3.80 per page for the original draft and one copy, and [55 cents] $1.00 per page for each additional copy.

             (2) For civil litigants who are ordering the original draft and are represented by a nonprofit legal corporation or a program for pro bono legal assistance, for the original draft and any copy to be delivered:

                   (I) Within 24 hours after it is requested, $5.50 per page and $1.10 per page for each additional copy;

                   (II) Within 48 hours after it is requested, $4.13 per page and 83 cents per page for each additional copy;

                   (III) Within 4 days after it is requested, $3.44 per page and 69 cents per page for each additional copy; or

                   (IV) More than 4 days after it is requested, $2.75 per page and 55 cents per page for each additional copy.

             (3) For any party other than the party ordering the original draft, for the copy of the draft to be delivered:

                   (I) Within 24 hours after it is requested, $1.10 per page;

                   (II) Within 48 hours after it is requested, 83 cents per page;

                   (III) Within 4 days after it is requested, 69 cents per page; or

                   (IV) More than 4 days after it is requested, 55 cents per page.

      (d) For reporting all civil matters, in addition to the compensation provided in paragraphs (a) and (b), [$30] $40 for each hour or fraction thereof actually spent, to be taxed as costs pursuant to subsection 5.

      (e) For providing an instantaneous translation of testimony into English which appears on a computer that is located at a table in the courtroom where the attorney who requested the translation is seated:

             (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests such a translation, in addition to the compensation provided pursuant to paragraphs (a) and (b), $140 for the first day and $90 per day for each subsequent day from the party who makes the request. This additional compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the translation service to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

 


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ê2015 Statutes of Nevada, Page 403 (Chapter 111, SB 131)ê

 

             (2) In all civil matters in which a party requests such a translation, in addition to the compensation provided pursuant to paragraphs (a), (b) and (d), $140 for the first day and $90 per day for each subsequent day, to be paid by the party who requests the translation.

      (f) For providing a diskette containing testimony prepared from a translation provided pursuant to paragraph (e):

             (1) Except as otherwise provided in this subparagraph, in all criminal matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the compensation provided pursuant to paragraphs (a), (b) and (e), $1.50 per page of the translation contained on the diskette from the party who makes the request. This additional compensation must be paid by the county as provided pursuant to subsection 4 only if the court issues an order granting the diskette to the prosecuting attorney or to an indigent defendant who is represented by a county or state public defender.

             (2) In all civil matters in which a party requests the diskette and the reporter agrees to provide the diskette, in addition to the compensation provided pursuant to paragraphs (a), (b), (d) and (e), $1.50 per page of the translation contained on the diskette, to be paid by the party who requests the diskette.

      2.  For the purposes of subsection 1, a page is a sheet of paper 8 1/2 by 11 inches and does not include a condensed transcript. The left margin must not be more than 1 1/2 inches from the left edge of the paper. The right margin must not be more than three-fourths of an inch from the right edge of the paper. Each sheet must be numbered on the left margin and must contain at least 24 lines of type. The first line of each question and of each answer may be indented not more than five spaces from the left margin. The first line of any paragraph or other material may be indented not more than 10 spaces from the left margin. There must not be more than one space between words or more than two spaces between sentences. The type size must not be larger than 10 characters per inch. The lines of type may be double spaced or one and one-half spaced.

      3.  If the court determines that the services of more than one reporter are necessary to deliver transcripts on a daily basis in a criminal proceeding, each reporter is entitled to receive:

      (a) The compensation set forth in paragraphs (a) and (b) of subsection 1 and subparagraph (1) of paragraph (e) of subsection 1, as appropriate; and

      (b) Compensation of $7.50 per page for the original draft and one copy, and $2 per page for each additional copy for transcribing a proceeding of which the transcripts are ordered by the court to be delivered on or before the start of the next day the court is scheduled to conduct business.

      4.  The compensation specified in paragraphs (a) and (b) of subsection 1, the compensation for transcripts in criminal cases ordered by the court to be made, the compensation for transcripts in civil cases ordered by the court pursuant to NRS 12.015, the compensation for transcripts for parents or guardians or attorneys of parents or guardians who receive transcripts pursuant to NRS 432B.459, the compensation in criminal cases that is ordered by the court pursuant to subparagraph (1) of paragraph (e) and subparagraph (1) of paragraph (f) of subsection 1 and the compensation specified in subsection 3 must be paid out of the county treasury upon the order of the court. When there is no official reporter in attendance and a reporter pro tempore is appointed, his or her reasonable expenses for traveling and detention must be fixed and allowed by the court and paid in the same manner.

 


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ê2015 Statutes of Nevada, Page 404 (Chapter 111, SB 131)ê

 

the same manner. The respective district judges may, with the approval of the respective board or boards of county commissioners within the judicial district, fix a monthly salary to be paid to the official reporter in lieu of per diem. The salary, and also actual traveling expenses in cases where the reporter acts in more than one county, must be prorated by the judge on the basis of time consumed by work in the respective counties and must be paid out of the respective county treasuries upon the order of the court.

      5.  Except as otherwise provided in subsection 4, in civil cases, the compensation prescribed in paragraph (d) of subsection 1 and for transcripts ordered by the court to be made must be paid by the parties in equal proportions, and either party may, at the party’s option, pay the entire compensation. In either case, all amounts so paid by the party to whom costs are awarded must be taxed as costs in the case. The compensation for transcripts and copies ordered by the parties must be paid by the party ordering them. No reporter may be required to perform any service in a civil case until his or her compensation has been paid to him or her.

      6.  Where a transcript is ordered by the court or by any party, the compensation for the transcript must be paid to the reporter before the furnishing of the transcript.

________

CHAPTER 112, SB 135

Senate Bill No. 135–Senator Brower

 

CHAPTER 112

 

[Approved: May 19, 2015]

 

AN ACT relating to witnesses; providing judicial discretion as to the disclosure of a writing used to refresh a witness’s memory before testifying; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law entitles an adverse party to obtain and inspect a writing that a witness uses to refresh his or her memory, either before or while testifying. Existing law also entitles the adverse party to use such a writing to cross-examine the witness, as well as introduce in evidence portions of the writing that may affect the witness’s credibility. (NRS 50.125) This bill requires a judge to determine that the interests of justice so require before allowing an adverse party to obtain, inspect, use for cross-examination or otherwise introduce in evidence a writing that a witness uses to refresh his or her memory before testifying.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 50.125 is hereby amended to read as follows:

      50.125  1.  If a witness uses a writing to refresh his or her memory [, either before or while] :

      (a) While testifying, an adverse party is entitled:

      [(a)](1) To have it produced at the hearing;

      [(b)](2) To inspect it;

 


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ê2015 Statutes of Nevada, Page 405 (Chapter 112, SB 135)ê

 

      [(c)](3) To cross-examine the witness thereon; and

      [(d)](4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility.

      (b) Before testifying, if the judge in his or her discretion determines that the interests of justice so require, an adverse party is entitled:

             (1) To have it produced at the hearing;

             (2) To inspect it;

             (3) To cross-examine the witness thereon; and

             (4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility.

      2.  If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing in chambers, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal.

      3.  If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the State elects not to comply, the order shall be one:

      (a) Striking the testimony; or

      (b) If the judge in his or her discretion determines that the interests of justice so require, declaring a mistrial.

________

CHAPTER 113, SB 191

Senate Bill No. 191–Senator Brower

 

CHAPTER 113

 

[Approved: May 19, 2015]

 

AN ACT relating to criminal procedure; revising provisions relating to the return of seized property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth a procedure by which a person who is aggrieved by an unlawful search and seizure of his or her property may move a court for the return of the property and the suppression of its use as evidence. (NRS 179.085) This bill establishes a procedure by which a person who is aggrieved by the seizure and deprivation of property under certain other circumstances may move a court for the return of the 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 179.085 is hereby amended to read as follows:

      179.085  1.  A person aggrieved by an unlawful search and seizure or the deprivation of property may move the court having jurisdiction where the property was seized for the return of the property [and to suppress for use as evidence anything so obtained] on the ground that:

 


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ê2015 Statutes of Nevada, Page 406 (Chapter 113, SB 191)ê

 

      (a) The property was illegally seized without warrant;

      (b) The warrant is insufficient on its face;

      (c) There was not probable cause for believing the existence of the grounds on which the warrant was issued; [or]

      (d) The warrant was illegally executed [.] ; or

      (e) Retention of the property by law enforcement is not reasonable under the totality of the circumstances.

Ê The judge shall receive evidence on any issue of fact necessary to the decision of the motion.

      2.  If the motion is granted on a ground set forth in paragraph (a), (b), (c) or (d) of subsection 1, the property [shall] must be restored [unless otherwise subject to lawful detention] and it [shall] must not be admissible evidence at any hearing or trial.

      3.  [The] If the motion is granted on the ground set forth in paragraph (e) of subsection 1, the property must be restored, but the court may impose reasonable conditions to protect access to the property and its use in later proceedings.

      4.  A motion to suppress evidence on any ground set forth in paragraphs (a) to (d), inclusive, of subsection 1 may also be made in the court where the trial is to be had. The motion [shall] must be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing.

      5.  If a motion pursuant to this section is filed when no criminal proceeding is pending, the motion must be treated as a civil complaint seeking equitable relief.

________

CHAPTER 114, SB 480

Senate Bill No. 480–Committee on Government Affairs

 

CHAPTER 114

 

[Approved: May 19, 2015]

 

AN ACT relating to county government; revising the membership of the county fair and recreation board of certain counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes a county fair and recreation board in any county whose population is 100,000 or more and less than 700,000 (currently Washoe County). The board must consist of 13 members, including two members appointed by the board of county commissioners, two members appointed by the governing body of the largest incorporated city in the county (currently the City of Reno) and one member appointed by the governing body of the next largest incorporated city in the county (currently the City of Sparks). Those five members must appoint the remaining eight members, of whom one must be a representative of banking or other financial interests, and another of whom must be a representative of business or commercial interests. Both of those members must be chosen from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county. Additionally, one member must be a representative of motel operators and must be chosen from a list of nominees submitted by one or more associations that represent the motel industry. (NRS 244A.601)

 


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ê2015 Statutes of Nevada, Page 407 (Chapter 114, SB 480)ê

 

      This bill revises the membership of such a county fair and recreation board and reduces the size of the board from 13 to 9 members. This bill changes from two to one the number of members appointed to the board by the board of county commissioners and by the governing body of the largest incorporated city in the county, respectively. Additionally, this bill deletes the provision providing for the appointment of a member representing motel operators. This bill also deletes the provisions providing for the appointment of a member representing banking or other financial interests and another member representing business or commercial interests. Instead, this bill requires the appointment of a member representing interests related to tourism or other commercial interests or the resort hotel business. Finally, this bill requires the members of the county fair and recreation board to elect the Chair of the board from among the three members appointed by the board of county commissioners and the governing bodies of the two largest incorporated cities in the county, respectively.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 244A.601 is hereby amended to read as follows:

      244A.601  1.  In any county whose population is 100,000 or more, and less than 700,000, the county fair and recreation board consists of [13] nine members who are appointed as follows:

      (a) [Two members] One member by the board of county commissioners.

      (b) [Two members] One member by the governing body of the largest incorporated city in the county.

      (c) One member by the governing body of the next largest incorporated city in the county.

      (d) Except as otherwise provided in subsection 2, [eight] six members by the members appointed pursuant to paragraphs (a), (b) and (c). The members entitled to vote shall select:

             (1) One member who is a representative of air service interests from a list of nominees submitted by the airport authority of the county. The nominees must not be elected officers.

             (2) One member who is a representative of [motel operators from a list of nominees submitted by one or more associations that represent the motel industry.

             (3) One member who is a representative of banking or other financial interests from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             (4) One member who is a representative of other business or commercial interests] interests relating to tourism or other commercial interests or the resort hotel business from a list of nominees submitted by the chamber of commerce of the largest incorporated city in the county.

             [(5)] (3) One member who is a representative of other business or commercial interests, including gaming establishments, from a list of nominees submitted by a visitor’s bureau, other than a county fair and recreation board or a bureau created by such a board, that is authorized by law to receive a portion of the tax on transient lodging, if any. If no such bureau exists in the county, the nominations must be made by the chamber of commerce of the third largest township in the county.

             [(6)] (4) Three members who are representatives of the association of gaming establishments whose membership collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association.

 


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ê2015 Statutes of Nevada, Page 408 (Chapter 114, SB 480)ê

 

gross revenue fees to the State pursuant to NRS 463.370 in the county in the preceding year, from a list of nominees submitted by the association. If there is no such association, the three appointed members must be representative of gaming.

Ê If the members entitled to vote find the nominees on a list of nominees submitted pursuant to this paragraph unacceptable, they shall request a new list of nominees.

      2.  The members of the board shall elect a Chair from among the members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1.

      3.  The terms of members appointed pursuant to paragraphs (a), (b) and (c) of subsection 1 are coterminous with their terms of office. The members appointed pursuant to paragraph (d) of subsection 1 must be appointed for 2-year terms. Any vacancy occurring on the board must be filled by the authority entitled to appoint the member whose position is vacant. Each member appointed pursuant to paragraph (d) of subsection 1 may succeed himself or herself only once.

      [3.]4.  If a member ceases to be engaged in the business or occupation which he or she was appointed to represent, he or she ceases to be a member, and another person engaged in that business or occupation must be appointed for the unexpired term.

      [4.]5.  Any member appointed by the board of county commissioners or a governing body of a city must be a member of the appointing board or body.

      Sec. 2.  1.  Notwithstanding any other provision of law, the terms of the members selected to the county fair and recreation board pursuant to subparagraphs (2), (3) and (4) of paragraph (d) of subsection 1 of NRS 244A.601 as that section exists on June 30, 2015, expire on that date.

      2.  As soon as practicable on or after July 1, 2015:

      (a) The chamber of commerce of the largest incorporated city in the county shall submit to the members of the county fair and recreation board entitled to vote the list of nominees described in subparagraph (2) of paragraph (d) of subsection 1 of NRS 244A.601, as amended by section 1 of this act; and

      (b) The members of the county fair and recreation board entitled to vote shall select from the list of nominees the member described in subparagraph (2) of paragraph (d) of subsection 1 of NRS 244A.601, as amended by section 1 of this act.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 409ê

 

CHAPTER 115, SB 504

Senate Bill No. 504–Committee on Finance

 

CHAPTER 115

 

[Approved: May 20, 2015]

 

AN ACT relating to education; providing for disciplinary and licensure proceedings against administrators, teachers and other employees of a public school for failure to comply with certain provisions of law regarding bullying and cyber-bullying; providing for a cause of action related thereto; creating the Office for a Safe and Respectful Learning Environment within the Department of Education; providing for the appointment of the Director of the Office; providing the duties of the Office; amending provisions relating to reports of and investigations into incidents of bullying; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill amends a number of provisions, and provides new provisions, regarding bullying and cyber-bullying in the public schools of this State.

      Existing law provides grounds by which licensed teachers and administrators may be disciplined. (NRS 391.31297) Sections 2, 14 and 16 of this bill provide for disciplinary and licensure proceedings against teachers, administrators, principals, coaches or other staff members who knowingly and willfully fail to comply with applicable provisions of law regarding bullying and cyber-bullying.

      Section 3 of this bill provides that a parent or guardian of a pupil may petition a court of competent jurisdiction for a writ of mandamus to compel the performance by a school official of any duty imposed by law regarding bullying and cyber-bullying.

      Section 4 of this bill creates the Office for a Safe and Respectful Learning Environment within the Department of Education. The Office must maintain a 24-hour, toll-free hotline and an Internet website by which a person may report an incident of bullying or cyber-bullying or receive information regarding anti-bullying efforts and organizations. The Office must also provide outreach and anti-bullying education and training. The Director of the Office, who is appointed by and serves at the pleasure of the Superintendent of Public Instruction, must establish procedures by which the Office may receive reports and complaints regarding bullying and cyber-bullying, and the Director or his or her designee must investigate any complaint that a teacher, administrator, principal, coach or other staff member has violated applicable provisions of law regarding bullying or cyber-bullying.

      Section 6 of this bill amends the definition of “bullying” for the purposes of provisions of law regarding bullying.

      Section 12 of this bill changes requirements regarding the reporting and investigation of an incidence of bullying or cyber-bullying. Under section 12, a principal, or his or her designee, who receives a report of bullying or cyber-bullying must immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of any reported victims. Before the end of that or the next school day, the principal or designee must notify the parents or guardians of every pupil reported to be involved in the bullying or cyber-bullying, as applicable, or make a good faith effort to do so if the contact information for the parent or guardian in the records of the school is not correct. The principal or designee must interview all of the pupils reported to be involved and the parents or guardians of those pupils, and the investigation must be completed within 2 school days after receiving the report of the bullying or cyber-bullying or within 3 school days if any of the persons is unavailable to be interviewed. After completing the investigation, the principal or designee must complete a written report of the investigation. Subject to applicable federal privacy laws, the report must be made available to the parents or guardians of all the pupils who were reported to be involved in the bullying or cyber-bullying, as applicable.

 


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ê2015 Statutes of Nevada, Page 410 (Chapter 115, SB 504)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 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. If an administrator, principal or the designee of an administrator or principal of a school knowingly and willfully fails to comply with the provisions of NRS 388.1351, the superintendent of the school district:

      1.  Shall take disciplinary action against the employee by written admonishment, demotion, suspension, dismissal or refusal to reemploy; and

      2.  If the employee is the holder of a license issued pursuant to chapter 391 of NRS, may recommend to the board of trustees of the school district that the board submit a recommendation to the State Board for the suspension or revocation of the license.

      Sec. 3. 1.  The Legislature hereby declares that the members of a board of trustees and all administrators and teachers of a school district have a duty to create and provide a safe and respectful learning environment for all pupils that is free of bullying and cyber-bullying.

      2.  A parent or guardian of a pupil of the public school system of this State may petition a court of competent jurisdiction for a writ of mandamus to compel the performance of any duty imposed by the provisions of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act.

      3.  Nothing in this section shall be deemed to preclude a parent or guardian of a pupil of the public school system of this State from seeking any remedy available at law or in equity.

      Sec. 4. 1.  The Office for a Safe and Respectful Learning Environment is hereby created within the Department.

      2.  The Superintendent of Public Instruction shall appoint a Director of the Office, who shall serve at the pleasure of the Superintendent.

      3.  The Director of the Office shall ensure that the Office:

      (a) Maintains a 24-hour, toll-free statewide hotline and Internet website by which any person can report a violation of the provisions of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act, and obtain information about anti-bullying efforts and organizations; and

      (b) Provides outreach and anti-bullying education and training for pupils, parents and guardians, teachers, administrators, principals, coaches and other staff members and the members of a board of trustees of a school district. The outreach and training must include, without limitation:

             (1) Training regarding methods, procedures and practice for recognizing bullying and cyber-bullying behaviors;

             (2) Training regarding effective intervention and remediation strategies regarding bullying and cyber-bullying;

             (3) Training regarding methods for reporting violations of NRS 388.135; and

 


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             (4) Information on and referral to available resources regarding suicide prevention and the relationship between bullying or cyber-bullying and suicide.

      4.  The Director of the Office shall establish procedures by which the Office may receive reports of bullying and cyber-bullying and complaints regarding violations of the provisions of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act.

      5.  The Director of the Office or his or her designee shall investigate any complaint that a teacher, administrator, principal, coach or other staff member or member of a board of trustees of a school district has violated a provision of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act. If a complaint alleges criminal conduct or an investigation leads the Director of the Office or his or her designee to suspect criminal conduct, the Director of the Office may request assistance from the Investigation Division of the Department of Public Safety.

      Sec. 5. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.122, 388.123 and 388.124 have the meanings ascribed to them in those sections.

      Sec. 6. NRS 388.122 is hereby amended to read as follows:

      388.122  1.  “Bullying” means [a willful act which is] written, verbal or electronic expressions or physical [, or a course of conduct on the part of one or more persons which is not authorized by law and which exposes a person repeatedly and over time to one or more negative actions which is highly offensive to a reasonable person] acts or gestures, or any combination thereof, that are directed at a person or group of persons, or a single severe and willful act or expression that is directed at a person or group of persons, and:

      [1.  Is intended to cause or actually causes the person to suffer harm or serious emotional distress;

      2.  Exploits an imbalance in power between the person engaging in the act or conduct and the person who is the subject of the act or conduct;

      3.  Poses a threat of immediate harm or actually inflicts harm to another person or to the property of another person;

      4.  Places the person in reasonable fear of harm or serious emotional distress; or

      5.  Creates an environment which is hostile to a pupil by interfering with the education of the pupil.]

      (a) Have the effect of:

             (1) Physically harming a person or damaging the property of a person; or

             (2) Placing a person in reasonable fear of physical harm to the person or damage to the property of the person; or

      (b) Interfere with the rights of a person by:

             (1) Creating an intimidating or hostile educational environment for the person; or

             (2) Substantially interfering with the academic performance of a pupil or the ability of the person to participate in or benefit from services, activities or privileges provided by a school; or

      (c) Are acts or conduct described in paragraph (a) or (b) and are based upon the:

 


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             (1) Actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person; or

             (2) Association of a person with another person having one or more of those actual or perceived characteristics.

      2.  The term includes, without limitation:

      (a) Repeated or pervasive taunting, name-calling, belittling, mocking or use of put-downs or demeaning humor regarding the actual or perceived race, color, national origin, ancestry, religion, gender identity or expression, sexual orientation, physical or mental disability of a person, sex or any other distinguishing characteristic or background of a person;

      (b) Behavior that is intended to harm another person by damaging or manipulating his or her relationships with others by conduct that includes, without limitation, spreading false rumors;

      (c) Repeated or pervasive nonverbal threats or intimidation such as the use of aggressive, menacing or disrespectful gestures;

      (d) Threats of harm to a person, to his or her possessions or to other persons, whether such threats are transmitted verbally, electronically or in writing;

      (e) Blackmail, extortion or demands for protection money or involuntary loans or donations;

      (f) Blocking access to any property or facility of a school;

      (g) Stalking; and

      (h) Physically harmful contact with or injury to another person or his or her property.

      Sec. 7. NRS 388.132 is hereby amended to read as follows:

      388.132  The Legislature declares that:

      1.  Pupils are the most vital resource to the future of this State;

      2.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State and is necessary for those pupils to achieve academic success and meet this State’s high academic standards;

      [2.]3.  Every classroom, hallway, locker room, cafeteria, restroom, gymnasium, playground, athletic field, school bus, parking lot and other areas on the premises of a public school in this State must be maintained as a safe and respectful learning environment, and no form of bullying or cyber-bullying will be tolerated within the system of public education in this State;

      4.  Any form of bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

      [3.]5.  The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;

      [4.]6.  The [intended goal of the] Legislature [is to] hereby declares that it will ensure that:

      (a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, races, colors, national origins, ancestries, religions, gender identities or expressions, sexual orientations, physical or mental disabilities, sexes or any other distinguishing characteristics [and] or backgrounds can realize their full academic and personal potential;

 


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      (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate and professional behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect , [and] by refusing to tolerate bullying and cyber-bullying [; and] , and by taking immediate action to protect a victim or target of bullying or cyber-bullying when witnessing, overhearing or being notified that bullying or cyber-bullying is occurring or has occurred;

      (c) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to bullying, cyber-bullying or violence;

      [5.]and

      (d) Any teacher, administrator, principal, coach or other staff member or pupil who tolerates or engages in an act of bullying or cyber-bullying or violates a provision of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act regarding a response to bullying or cyber-bullying will be held accountable; and

      7.  By declaring [its goal] this mandate that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils [with differing beliefs] be free from physical, emotional or mental abuse [.] while in the care of the State and that pupils be provided with an environment that allows them to learn.

      Sec. 8. NRS 388.1325 is hereby amended to read as follows:

      388.1325  1.  The Bullying Prevention Account is hereby created in the State General Fund, to be administered by the [Superintendent of Public Instruction. The Superintendent of Public Instruction] Director of the Office for a Safe and Respectful Learning Environment appointed pursuant to section 4 of this act. The Director of the Office may accept gifts and grants from any source for deposit into the Account. The interest and income earned on the money in the Account must be credited to the Account.

      2.  In accordance with the regulations adopted by the State Board pursuant to NRS 388.1327, a school district that applies for and receives a grant of money from the Bullying Prevention Account shall use the money for one or more of the following purposes:

      (a) The establishment of programs to create a school environment that is free from bullying and cyber-bullying;

      (b) The provision of training on the policies adopted by the school district pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.145, inclusive [;] , and sections 2, 3 and 4 of this act; or

      (c) The development and implementation of procedures by which the public schools of the school district and the pupils enrolled in those schools can discuss the policies adopted pursuant to NRS 388.134 and the provisions of NRS 388.121 to 388.145, inclusive [.] , and sections 2, 3 and 4 of this act.

      Sec. 9. NRS 388.1327 is hereby amended to read as follows:

      388.1327  The State Board shall adopt regulations:

      1.  Establishing the process whereby school districts may apply to the State Board for a grant of money from the Bullying Prevention Account pursuant to NRS 388.1325.

      2.  As are necessary to carry out the provisions of NRS 388.121 to 388.145, inclusive [.] , and sections 2, 3 and 4 of this act.

 


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      Sec. 10. NRS 388.1341 is hereby amended to read as follows:

      388.1341  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying and cyber-bullying, shall, to the extent money is available, develop an informational pamphlet to assist pupils and the parents or legal guardians of pupils enrolled in the public schools in this State in resolving incidents of bullying or cyber-bullying. If developed, the pamphlet must include, without limitation:

      (a) A summary of the policy prescribed by the Department pursuant to NRS 388.133 and the provisions of NRS 388.121 to 388.145, inclusive [;] , and sections 2, 3 and 4 of this act.

      (b) A description of practices which have proven effective in preventing and resolving violations of NRS 388.135 in schools, which must include, without limitation, methods to identify and assist pupils who are at risk for bullying and cyber-bullying; and

      (c) An explanation that the parent or legal guardian of a pupil who is involved in a reported violation of NRS 388.135 may request an appeal of a disciplinary decision made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.

      2.  If the Department develops a pamphlet pursuant to subsection 1, the Department shall review the pamphlet on an annual basis and make such revisions to the pamphlet as the Department determines are necessary to ensure the pamphlet contains current information.

      3.  If the Department develops a pamphlet pursuant to subsection 1, the Department shall post a copy of the pamphlet on the Internet website maintained by the Department.

      4.  To the extent the money is available, the Department shall develop a tutorial which must be made available on the Internet website maintained by the Department that includes, without limitation, the information contained in the pamphlet developed pursuant to subsection 1, if such a pamphlet is developed by the Department.

      Sec. 11. NRS 388.1342 is hereby amended to read as follows:

      388.1342  1.  The Department, in consultation with persons who possess knowledge and expertise in bullying and cyber-bullying shall:

      (a) Establish a program of training on methods to prevent, identify and report incidents of bullying and cyber-bullying for members of the State Board.

      (b) Establish a program of training on methods to prevent, identify and report incidents of bullying and cyber-bullying for members of the boards of trustees of school districts.

      (c) Establish a program of training for school district and charter school personnel to assist those persons with carrying out their powers and duties pursuant to NRS 388.121 to 388.145, inclusive [.] , and sections 2, 3 and 4 of this act.

      (d) Establish a program of training for administrators in the prevention of violence and suicide associated with bullying and cyber-bullying and appropriate methods to respond to incidents of violence or suicide.

      2.  Each member of the State Board shall, within 1 year after the member is elected or appointed to the State Board, complete the program of training on bullying and cyber-bullying established pursuant to paragraph (a) of subsection 1 and undergo the training at least one additional time while the person is a member of the State Board.

 


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      3.  Except as otherwise provided in NRS 388.134, each member of a board of trustees of a school district shall, within 1 year after the member is elected or appointed to the board of trustees, complete the program of training on bullying and cyber-bullying established pursuant to paragraph (b) of subsection 1 and undergo the training at least one additional time while the person is a member of the board of trustees.

      4.  Each administrator of a public school shall complete the program of training established pursuant to paragraph (d) of subsection 1:

      (a) Within 90 days after becoming an administrator;

      (b) Except as otherwise provided in paragraph (c), at least once every 3 years thereafter; and

      (c) At least once during any school year within which the program of training is revised or updated.

      5.  Each program of training established pursuant to subsection 1 must, to the extent money is available, be made available on the Internet website maintained by the Department or through another provider on the Internet.

      6.  The board of trustees of a school district may allow school district personnel to attend the program established pursuant to paragraph (c) or (d) of subsection 1 during regular school hours.

      7.  The Department shall review each program of training established pursuant to subsection 1 on an annual basis to ensure that the program contains current information.

      Sec. 12. NRS 388.1351 is hereby amended to read as follows:

      388.1351  1.  A teacher [or] , administrator, principal, coach or other staff member who witnesses a violation of NRS 388.135 or receives information that a violation of NRS 388.135 has occurred shall [verbally] report the violation to the principal or his or her designee [on] as soon as practicable, but not later than a time during the same day on which the teacher [or] , administrator, principal, coach or other staff member witnessed the violation or received information regarding the occurrence of a violation.

      2.  [The principal or his or her designee shall initiate an investigation not later than 1 day after receiving notice of the violation pursuant to subsection 1. The principal or the designee shall provide written notice of a reported violation of NRS 388.135 to the parent or legal guardian of each pupil involved in the reported violation. The notice must include, without limitation, a statement that the principal or the designee will be conducting an investigation into the reported violation and that the parent or legal guardian may discuss with the principal or the designee any counseling and intervention services that are available to the pupil. The investigation must be completed within 10 days after the date on which the investigation is initiated and, if a violation is found to have occurred, include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district.] Upon receiving a report required by subsection 1, the principal or designee shall immediately take any necessary action to stop the bullying or cyber-bullying and ensure the safety and well-being of the reported victim or victims of the bullying or cyber-bullying and shall begin an investigation into the report. The investigation must include, without limitation:

 


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      (a) Except as otherwise provided in subsection 3, notification provided by telephone, electronic mail or other electronic means or provided in person, of the parents or guardians of all pupils directly involved in the reported bullying or cyber-bullying, as applicable, either as a reported aggressor or a reported victim of the bullying or cyber-bullying. The notification must be provided not later than:

             (1) If the bullying or cyber-bullying is reported before the end of school hours on a school day, 6 p.m. on the day on which the bullying or cyber-bullying is reported; or

             (2) If the bullying or cyber-bullying was reported on a day that is not a school day, or after school hours on a school day, 6 p.m. on the school day following the day on which the bullying or cyber-bullying is reported.

      (b) Interviews with all pupils whose parents or guardians must be notified pursuant to paragraph (a) and with all such parents and guardians.

      3.  If the contact information for the parent or guardian of a pupil in the records of the school is not correct, a good faith effort to notify the parent or guardian shall be deemed sufficient to meet the requirement for notification pursuant to paragraph (a) of subsection 2.

      4.  Except as otherwise provided in this subsection, an investigation required by this section must be completed not later than 2 school days after the principal or designee receives a report required by subsection 1. If the principal or designee is not able to complete the interviews required by paragraph (b) of subsection 2 within 2 school days after making a good faith effort because any of the persons to be interviewed is not available, 1 additional school day may be used to complete the investigation.

      5.  A principal or designee who conducts an investigation required by this section shall complete a written report of the findings and conclusions of the investigation. If a violation is found to have occurred, the report must include recommendations concerning the imposition of disciplinary action or other measures to be imposed as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district. Subject to the provisions of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, the report must be made available, not later than 24 hours after the completion of the written report, to all parents or guardians who must be notified pursuant to paragraph (a) of subsection 2 as part of the investigation.

      6.  Not later than 10 school days after receiving a report required by subsection 1, the principal or designee shall meet with each reported victim of the bullying or cyber-bullying to inquire about the well-being of the reported victim and to ensure that the reported bullying or cyber-bullying, as applicable, is not continuing.

      7.  The parent or [legal] guardian of a pupil involved in the reported violation of NRS 388.135 may appeal a disciplinary decision of the principal or his or her designee, made against the pupil as a result of the violation, in accordance with the policy governing disciplinary action adopted by the board of trustees of the school district. Not later than 30 days after receiving a response provided in accordance with such a policy, the parent or guardian may submit a complaint to the Department. The Department shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.

 


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shall consider and respond to the complaint pursuant to procedures and standards prescribed in regulations adopted by the Department.

      Sec. 13. NRS 388.139 is hereby amended to read as follows:

      388.139  Each school district shall include the text of the provisions of NRS 388.121 to 388.145, inclusive, and sections 2, 3 and 4 of this act, and the policies adopted by the board of trustees of the school district pursuant to NRS 388.134 under the heading “Bullying and Cyber-Bullying Is Prohibited in Public Schools,” within each copy of the rules of behavior for pupils that the school district provides to pupils pursuant to NRS 392.463.

      Sec. 14. NRS 391.31297 is hereby amended to read as follows:

      391.31297  1.  A teacher may be suspended, dismissed or not reemployed and an administrator may be demoted, suspended, dismissed or not reemployed for the following reasons:

      (a) Inefficiency;

      (b) Immorality;

      (c) Unprofessional conduct;

      (d) Insubordination;

      (e) Neglect of duty;

      (f) Physical or mental incapacity;

      (g) A justifiable decrease in the number of positions due to decreased enrollment or district reorganization;

      (h) Conviction of a felony or of a crime involving moral turpitude;

      (i) Inadequate performance;

      (j) Evident unfitness for service;

      (k) Failure to comply with such reasonable requirements as a board may prescribe;

      (l) Failure to show normal improvement and evidence of professional training and growth;

      (m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

      (n) Any cause which constitutes grounds for the revocation of a teacher’s license;

      (o) Willful neglect or failure to observe and carry out the requirements of this title;

      (p) Dishonesty;

      (q) Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 389.550 or 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      (r) Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 389.616 or 389.620;

      (s) An intentional violation of NRS 388.5265 or 388.527;

      (t) Knowingly and willfully failing to comply with the provisions of NRS 388.1351;

      (u) Gross misconduct; or

      [(u)](v) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

      2.  In determining whether the professional performance of a licensed employee is inadequate, consideration must be given to the regular and special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

 


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special evaluation reports prepared in accordance with the policy of the employing school district and to any written standards of performance which may have been adopted by the board.

      3.  As used in this section, “gross misconduct” includes any act or omission that is in wanton, willful, reckless or deliberate disregard of the interests of a school or school district or a pupil thereof.

      Sec. 15. NRS 391.313 is hereby amended to read as follows:

      391.313  1.  Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.31297, the administrator shall:

      (a) Except as otherwise provided in subsection 3, bring the matter to the attention of the employee involved, in writing, stating the reasons for the admonition and that it may lead to the employee’s demotion, dismissal or a refusal to reemploy him or her, and make a reasonable effort to assist the employee to correct whatever appears to be the cause for the employee’s potential demotion, dismissal or a potential recommendation not to reemploy him or her; and

      (b) Except as otherwise provided in NRS 391.314, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

Ê The admonition must include a description of the deficiencies of the teacher and the action that is necessary to correct those deficiencies.

      2.  An admonition issued to a licensed employee who, within the time granted for improvement, has met the standards set for the employee by the administrator who issued the admonition must be removed from the records of the employee together with all notations and indications of its having been issued. The admonition must be removed from the records of the employee not later than 3 years after it is issued.

      3.  An administrator need not admonish an employee pursuant to paragraph (a) of subsection 1 if his or her employment will be terminated pursuant to NRS 391.3197.

      4.  A licensed employee is subject to immediate dismissal or a refusal to reemploy according to the procedures provided in NRS 391.311 to 391.3197, inclusive, without the admonition required by this section, on grounds contained in paragraphs (b), (f), (g), (h), (p) , [and] (t) and (u) of subsection 1 of NRS 391.31297.

      Sec. 16. NRS 391.330 is hereby amended to read as follows:

      391.330  The State Board may suspend or revoke the license of any teacher, administrator or other licensed employee, after notice and an opportunity for hearing have been provided pursuant to NRS 391.322 and 391.323, for:

      1.  Immoral or unprofessional conduct.

      2.  Evident unfitness for service.

      3.  Physical or mental incapacity which renders the teacher, administrator or other licensed employee unfit for service.

      4.  Conviction of a felony or crime involving moral turpitude.

      5.  Conviction of a sex offense under NRS 200.366, 200.368, 201.190, 201.220, 201.230, 201.540 or 201.560 in which a pupil enrolled in a school of a county school district was the victim.

      6.  Knowingly advocating the overthrow of the Federal Government or of the State of Nevada by force, violence or unlawful means.

 


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      7.  Persistent defiance of or refusal to obey the regulations of the State Board, the Commission or the Superintendent of Public Instruction, defining and governing the duties of teachers, administrators and other licensed employees.

      8.  Breaches in the security or confidentiality of the questions and answers of the examinations that are administered pursuant to NRS 389.550 or 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      9.  Intentional failure to observe and carry out the requirements of a plan to ensure the security of examinations and assessments adopted pursuant to NRS 389.616 or 389.620.

      10.  An intentional violation of NRS 388.5265 or 388.527.

      11.  Knowingly and willfully failing to comply with the provisions of NRS 388.1351.

      Sec. 17.  This act becomes effective on July 1, 2015.

________

CHAPTER 116, AB 151

Assembly Bill No. 151–Assemblymen Araujo, Benitez-Thompson; Bustamante Adams, Flores and Neal

 

Joint Sponsor: Senator Denis

 

CHAPTER 116

 

[Approved: May 20, 2015]

 

AN ACT relating to the adoption of children; revising provisions restricting adoptions based on the ages of a child and a prospective adoptive parent; revising provisions relating to the adoption of a child by married persons; revising provisions concerning orders and decrees of adoption; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law governs the adoption of children. (NRS 127.010-127.186) Under existing law, certain restrictions relating to the respective ages of a child and a prospective adoptive parent for adoption purposes are imposed. (NRS 127.020) Section 1 of this bill provides that a court may disregard those age restrictions if the prospective adoptive parent is a certain family member of the child and it is in the best interest of the child and in the interest of the public.

      Existing law prohibits the grant of a petition for leave to adopt a child by a married person if the person’s spouse does not consent to and join in the petition. (NRS 127.030) Section 2 of this bill provides that a married person must obtain from his or her spouse consent to an adoption, but a spouse who consents will not have any parental rights or responsibilities or be named as an adoptive parent in an order or decree of adoption except under certain circumstances.

      Under existing law, a court is required to grant a petition for the adoption of a child if the court finds that it is in the best interest of the child. However, an order or decree of adoption may not be made until after the child has lived for 6 months in the home of the petitioners. (NRS 127.150) Section 3 of this bill provides that the 6-month requirement does not apply if one of the petitioners is the stepparent of the child or is related to the child within the third degree of consanguinity.

 


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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 127.020 is hereby amended to read as follows:

      127.020  [A]

      1.  Except as otherwise provided in subsection 2:

      (a) A minor child may be adopted by an adult person in the cases and subject to the rules prescribed in this chapter. [The]

      (b) A person adopting a child must be at least 10 years older than the person adopted, and the consent of the child, if over the age of 14 years, is necessary to its adoption.

      2.  A court may approve the adoption of a child without regard to the age of the child and the ages of the prospective adoptive parents if:

      (a) The child is being adopted by a stepparent, sister, brother, aunt, uncle or first cousin and, if the prospective adoptive parent is married, also by the spouse of the prospective adoptive parent; and

      (b) The court is satisfied that it is in the best interest of the child and in the interest of the public.

      Sec. 2. NRS 127.030 is hereby amended to read as follows:

      127.030  1.  Any adult person or any two persons married to each other may petition the district court of any county in this state for leave to adopt a child. [The petition by a person having a husband or wife shall not be granted unless the husband or wife consents thereto and joins therein.]

      2.  Except as otherwise provided in subsection 5, a married person not lawfully separated from his or her spouse may not adopt a child without the consent of his or her spouse, if such spouse is capable of giving such consent.

      3.  If a spouse consents to an adoption as described in subsection 2, such consent does not establish any parental rights or responsibilities on the part of the spouse unless he or she:

      (a) Has, in a writing filed with the court, specifically consented to:

             (1) Adopting the child; and

             (2) Establishing parental rights and responsibilities; and

      (b) Is named as an adoptive parent in the order or decree of adoption.

      4.  The court shall not name a spouse who consents to an adoption as described in subsection 2 as an adoptive parent in an order or decree of adoption unless:

      (a) The spouse has filed a writing with the court as described in paragraph (a) of subsection 3; and

      (b) The home of the spouse is suitable for the child as determined by an investigation conducted pursuant to NRS 127.120 or 127.2805.

      5.  The court may dispense with the requirement for the consent of a spouse who cannot be located after a diligent search or who is determined by the court to lack the capacity to consent. A spouse for whom the requirement was dispensed pursuant to this subsection must not be named as an adoptive parent in an order or decree of adoption.

      Sec. 3. NRS 127.150 is hereby amended to read as follows:

      127.150  1.  If the court finds that the best interests of the child warrant the granting of the petition, an order or decree of adoption must be made and filed, ordering that henceforth the child is the child of the petitioners. When determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent.

 


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ê2015 Statutes of Nevada, Page 421 (Chapter 116, AB 151)ê

 

determining whether the best interests of the child warrant the granting of a petition that is filed by a foster parent, the court shall give strong consideration to the emotional bond between the child and the foster parent. A copy of the order or decree must be sent to the nearest office of the agency which provides child welfare services by the petitioners within 7 days after the order or decree is issued. In the decree the court may change the name of the child, if desired. [No]

      2.  Except as otherwise provided in this subsection, an order or decree of adoption may not be made until after the child has lived for 6 months in the home of the petitioners.

      [2.]  This subsection does not apply if one of the petitioners is the stepparent of the child or is related to the child within the third degree of consanguinity.

      3.  If the court is not satisfied that the proposed adoption is in the best interests of the child, the court shall deny the petition and may order the child returned to the custody of the person or agency legally vested with custody.

      [3.]4.  After a petition for adoption has been granted, there is a presumption that remaining in the home of the adopting parent is in the child’s best interest.

________

CHAPTER 117, SB 124

Senate Bill No. 124–Senators Hammond and Goicoechea

 

Joint Sponsor: Assemblyman Oscarson

 

CHAPTER 117

 

[Approved: May 20, 2015]

 

AN ACT relating to gaming; revising provisions governing the moving of the location of a gaming establishment and the transferring of its license to another location; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the State Gaming Control Board to allow a licensee to move the location of its establishment and transfer its restricted or nonrestricted license under certain circumstances. (NRS 463.302) This bill additionally authorizes the Board to allow a licensee to move the location of its establishment and transfer its nonrestricted license to a location within 1 mile of the existing location if the move and transfer are necessary because the existing location of the establishment: (1) is adjacent to a military installation; and (2) has been designated by the Federal Government as necessary for the expansion of the military installation.

 

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 463.302 is hereby amended to read as follows:

      463.302  1.  Notwithstanding any other provision of law and except as otherwise provided in this section, the Board may, in its sole and absolute discretion, allow a licensee to move the location of its establishment and transfer its restricted or nonrestricted license to:

 


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ê2015 Statutes of Nevada, Page 422 (Chapter 117, SB 124)ê

 

discretion, allow a licensee to move the location of its establishment and transfer its restricted or nonrestricted license to:

      (a) A location within a redevelopment area created pursuant to chapter 279 of NRS, if the redevelopment area is located in the same local governmental jurisdiction as the existing location of the establishment;

      (b) Any other location, if the move and transfer are necessary because the existing location of the establishment has been taken by the State or a local government through condemnation or eminent domain in accordance with a final order of condemnation entered before June 17, 2005; or

      (c) In any county other than a county whose population is 100,000 or more but less than 700,000, any other location within the same local governmental jurisdiction as the existing location of the establishment, if the move and transfer are necessary because the existing location of the establishment has been taken by the State or a local government through condemnation or eminent domain in accordance with a final order of condemnation entered on or after June 17, 2005.

      2.  Notwithstanding any other provision of law and except as otherwise provided in this section, the Board may, in its sole and absolute discretion, allow a licensee to move the location of its establishment and transfer its nonrestricted license to a location within 1 mile of the existing location if:

      (a) The existing location of the establishment is adjacent to a military installation; and

      (b) The move and transfer are necessary because the existing location of the establishment has been designated by the Federal Government for the expansion of the military installation.

      3.  The Board shall not approve a move and transfer pursuant to subsection 1 or 2 unless, before the move and transfer, the licensee receives all necessary approvals from the local government having jurisdiction over the location to which the establishment wants to move and transfer its license.

      [3.]4.  Before a move and transfer pursuant to subsection 1 [,] or 2, the Board may require the licensee to apply for a new license pursuant to the provisions of this chapter.

      [4.]5.  The provisions of subsection 1 do not apply to an establishment that is:

      (a) A resort hotel; or

      (b) Located in a county, city or town which has established one or more gaming enterprise districts.

      6.  As used in this section, “military installation” has the meaning ascribed to it in NRS 278.0166.

      Sec. 2.  The amendatory provisions of this act apply to any establishment whose existing location has been designated by the Federal Government for expansion of a military installation before the effective date of this act.

      Sec. 3.  This act becomes effective upon passage and approval.

________

 


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ê2015 Statutes of Nevada, Page 423ê

 

CHAPTER 118, SB 212

Senate Bill No. 212–Senators Hammond, Lipparelli, Gustavson, Harris, Farley; Denis and Goicoechea

 

CHAPTER 118

 

[Approved: May 20, 2015]

 

AN ACT relating to education; authorizing the superintendent of schools of a school district to allow a modification to the requirement that a pupil be suspended or expelled from public school for certain acts; revising provisions governing the crimes of disturbing the peace at a public school and assault on a pupil or school employee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, with certain exceptions, a pupil must be suspended or expelled from public school if the pupil: (1) commits a battery which results in bodily injury of a school employee; (2) sells or distributes any controlled substance while on the school premises, at a school activity or on a school bus; or (3) is deemed a habitual disciplinary problem. (NRS 392.466) Also under existing law, with certain exceptions, a pupil must be expelled from public school if the pupil is found in possession of a firearm or dangerous weapon while on the school premises, at a school activity or on a school bus. Existing law also authorizes the superintendent of schools of a school district, for good cause shown in a particular case, to modify the expulsion requirement for a pupil who is found in possession of a firearm or dangerous weapon. (NRS 392.466) Section 2 of this bill expands the authority of the superintendent of schools of a school district to also modify the suspension or expulsion requirement for good cause shown if a pupil commits a battery which results in bodily injury of a school employee, sells or distributes a controlled substance or is deemed a habitual disciplinary problem.

      Under existing law, it is unlawful for a person to assault any pupil or school employee: (1) within the building or grounds of a public school; (2) on a bus, van or other motor vehicle used to transport pupils or school employees; or (3) at a school activity. (NRS 392.910) Section 3 of this bill adds a definition of the term “assault” for the purposes of this crime that matches the definition provided in NRS 200.471 for the crimes of assault and battery generally. That definition provides that “assault” means “[u]nlawfully attempting to use physical force against another person . . . or [i]ntentionally placing another person in reasonable apprehension of immediate bodily harm.” Existing law also makes it unlawful for a person to maliciously and purposely interfere with or disturb any persons peaceably assembled within a public school building. (NRS 392.910) Section 3 removes the element that the crime be committed “purposely” and adds a definition of the term “maliciously” for the purposes of this crime that matches the definition provided in NRS 193.0175 for crimes generally. That definition provides that “maliciously” means to “import an evil intent, wish or design to vex, annoy or injure another person [, which] may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty.” Finally, section 3 removes the provision which makes it unlawful for a person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school, which is currently punishable as a misdemeanor.

 


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ê2015 Statutes of Nevada, Page 424 (Chapter 118, SB 212)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 392.4655 is hereby amended to read as follows:

      392.4655  1.  Except as otherwise provided in this section, a principal of a school shall deem a pupil enrolled in the school a habitual disciplinary problem if the school has written evidence which documents that in 1 school year:

      (a) The pupil has threatened or extorted, or attempted to threaten or extort, another pupil or a teacher or other personnel employed by the school;

      (b) The pupil has been suspended for initiating at least two fights on school property, at an activity sponsored by a public school, on a school bus or, if the fight occurs within 1 hour of the beginning or end of a school day, on the pupil’s way to or from school; or

      (c) The pupil has a record of five suspensions from the school for any reason.

      2.  At least one teacher of a pupil who is enrolled in elementary school and at least two teachers of a pupil who is enrolled in junior high, middle school or high school may request that the principal of the school deem a pupil a habitual disciplinary problem. Upon such a request, the principal of the school shall meet with each teacher who made the request to review the pupil’s record of discipline. If, after the review, the principal of the school determines that the provisions of subsection 1 do not apply to the pupil, a teacher who submitted a request pursuant to this subsection may appeal that determination to the board of trustees of the school district. Upon receipt of such a request, the board of trustees shall review the initial request and determination pursuant to the procedure established by the board of trustees for such matters.

      3.  If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives one suspension on the pupil’s record, the school in which the pupil is enrolled shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the acts committed by the pupil and the dates on which those acts were committed;

      (b) An explanation that if the pupil is suspended for initiating one additional fight or if the pupil receives five suspensions on his or her record during the current school year, the pupil will be deemed a habitual disciplinary problem;

      (c) An explanation that, pursuant to subsection 3 of NRS 392.466, a pupil who is deemed a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

      (d) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection [6] 7 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (e) If applicable, a summary of the provisions of subsection 4.

 


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ê2015 Statutes of Nevada, Page 425 (Chapter 118, SB 212)ê

 

Ê A school shall provide the notice required by this subsection for each suspension on the record of a pupil during a school year. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

      4.  If a pupil is suspended for initiating a fight described in paragraph (b) of subsection 1 and the fight is the first such fight that the pupil has initiated during that school year, or if a pupil receives four suspensions on the pupil’s record within 1 school year, the school in which the pupil is enrolled may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

      (a) The parent or legal guardian to attend school with his or her child.

      (b) The pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (c) The pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

Ê If the pupil commits the same act for which notice was provided pursuant to subsection 3 after he or she enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

      5.  If a pupil commits an act the commission of which qualifies the pupil to be deemed a habitual disciplinary problem pursuant to subsection 1, the school shall provide written notice to the parent or legal guardian of the pupil that contains:

      (a) A description of the qualifying act and any previous such acts committed by the pupil and the dates on which those acts were committed;

      (b) An explanation that pursuant to subsection 3 of NRS 392.466, a pupil who is a habitual disciplinary problem must be suspended or expelled from school for a period equal to at least one school semester;

      (c) If the pupil has a disability and is participating in a program of special education pursuant to NRS 388.520, an explanation of the effect of subsection [6] 7 of NRS 392.466, including, without limitation, that if it is determined in accordance with 20 U.S.C. § 1415 that the pupil’s behavior is not a manifestation of the pupil’s disability, he or she may be suspended or expelled from school in the same manner as a pupil without a disability; and

      (d) If applicable, a summary of the provisions of subsection 6.

Ê The school shall provide the notice at least 7 days before the school deems the pupil a habitual disciplinary problem. A school may include the notice required by this subsection with notice that is otherwise provided to the parent or legal guardian of a pupil which informs the parent or legal guardian of the act committed by the pupil.

      6.  Before a school deems a pupil a habitual disciplinary problem and suspends or expels the pupil, the school may develop, in consultation with the pupil and the parent or legal guardian of the pupil, a plan of behavior for the pupil. Such a plan must be designed to prevent the pupil from being deemed a habitual disciplinary problem and may include, without limitation, a voluntary agreement by:

 


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ê2015 Statutes of Nevada, Page 426 (Chapter 118, SB 212)ê

 

      (a) The parent or legal guardian to attend school with his or her child.

      (b) The pupil and the pupil’s parent or legal guardian to attend counseling, programs or services available in the school district or community.

      (c) The pupil and the pupil’s parent or legal guardian that the pupil will attend summer school, intersession school or school on Saturday, if any of those alternatives are offered by the school district.

Ê If the pupil violates the conditions of the plan or commits the same act for which notice was provided pursuant to subsection 5 after he or she enters into a plan of behavior, the pupil shall be deemed a habitual disciplinary problem.

      7.  A pupil may, pursuant to the provisions of this section, enter into one plan of behavior per school year.

      8.  The parent or legal guardian of a pupil who has entered into a plan of behavior with a school pursuant to this section may appeal to the board of trustees of the school district a determination made by the school concerning the contents of the plan of behavior or action taken by the school pursuant to the plan of behavior. Upon receipt of such a request, the board of trustees of the school district shall review the determination in accordance with the procedure established by the board of trustees for such matters.

      Sec. 2. NRS 392.466 is hereby amended to read as follows:

      392.466  1.  Except as otherwise provided in this section, any pupil who commits a battery which results in the bodily injury of an employee of the school or who sells or distributes any controlled substance while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be suspended or expelled from that school, although the pupil may be placed in another kind of school, for at least a period equal to one semester for that school. For a second occurrence, the pupil must be permanently expelled from that school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      2.  Except as otherwise provided in this section, any pupil who is found in possession of a firearm or a dangerous weapon while on the premises of any public school, at an activity sponsored by a public school or on any school bus must, for the first occurrence, be expelled from the school for a period of not less than 1 year, although the pupil may be placed in another kind of school for a period not to exceed the period of the expulsion. For a second occurrence, the pupil must be permanently expelled from the school and:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

 


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ê2015 Statutes of Nevada, Page 427 (Chapter 118, SB 212)ê

 

[Ê The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the expulsion requirement of this subsection if such modification is set forth in writing.]

      3.  Except as otherwise provided in this section, if a pupil is deemed a habitual disciplinary problem pursuant to NRS 392.4655, the pupil must be suspended or expelled from the school for a period equal to at least one semester for that school. For the period of the pupil’s suspension or expulsion, the pupil must:

      (a) Enroll in a private school pursuant to chapter 394 of NRS or be homeschooled; or

      (b) Enroll in a program of independent study provided pursuant to NRS 389.155 for pupils who have been suspended or expelled from public school or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive, if the pupil qualifies for enrollment and is accepted for enrollment in accordance with the requirements of the applicable program.

      4.  The superintendent of schools of a school district may, for good cause shown in a particular case in that school district, allow a modification to the suspension or expulsion requirement, as applicable, of subsection 1, 2 or 3 if such modification is set forth in writing.

      5.  This section does not prohibit a pupil from having in his or her possession a knife or firearm with the approval of the principal of the school. A principal may grant such approval only in accordance with the policies or regulations adopted by the board of trustees of the school district.

      [5.]6.  Any pupil in grades 1 to 6, inclusive, except a pupil who has been found to have possessed a firearm in violation of subsection 2, may be suspended from school or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and approved this action in accordance with the procedural policy adopted by the board for such issues.

      [6.]7.  A pupil who is participating in a program of special education pursuant to NRS 388.520, other than a pupil who is gifted and talented or who receives early intervening services, may, in accordance with the procedural policy adopted by the board of trustees of the school district for such matters, be:

      (a) Suspended from school pursuant to this section for not more than 10 days. Such a suspension may be imposed pursuant to this paragraph for each occurrence of conduct proscribed by subsection 1.

      (b) Suspended from school for more than 10 days or permanently expelled from school pursuant to this section only after the board of trustees of the school district has reviewed the circumstances and determined that the action is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq.

      [7.]8.  As used in this section:

      (a) “Battery” has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481.

      (b) “Dangerous weapon” includes, without limitation, a blackjack, slungshot, billy, sand-club, sandbag, metal knuckles, dirk or dagger, a nunchaku, switchblade knife or trefoil, as defined in NRS 202.350, a butterfly knife or any other knife described in NRS 202.350, or any other object which is used, or threatened to be used, in such a manner and under such circumstances as to pose a threat of, or cause, bodily injury to a person.

 


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ê2015 Statutes of Nevada, Page 428 (Chapter 118, SB 212)ê

 

      (c) “Firearm” includes, without limitation, any pistol, revolver, shotgun, explosive substance or device, and any other item included within the definition of a “firearm” in 18 U.S.C. § 921, as that section existed on July 1, 1995.

      [8.]9.  The provisions of this section do not prohibit a pupil who is suspended or expelled from enrolling in a charter school that is designed exclusively for the enrollment of pupils with disciplinary problems if the pupil is accepted for enrollment by the charter school pursuant to NRS 386.580. Upon request, the governing body of a charter school must be provided with access to the records of the pupil relating to the pupil’s suspension or expulsion in accordance with applicable federal and state law before the governing body makes a decision concerning the enrollment of the pupil.

      Sec. 3. NRS 392.910 is hereby amended to read as follows:

      392.910  1.  [It is unlawful for any person to disturb the peace of any public school by using vile or indecent language within the building or grounds of the school. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.

      2.]  It is unlawful for any person to assault any pupil or school employee:

      (a) Within the building or grounds of the school;

      (b) On a bus, van or any other motor vehicle owned, leased or chartered by a school district to transport pupils or school employees; or

      (c) At a location where the pupil or school employee is involved in an activity sponsored by a public school.

Ê Except under circumstances described in paragraph (c) or (d) of subsection 2 of NRS 200.471 with respect to school employees or in NRS 200.571, any person who violates [any of the provisions of] this subsection is guilty of a misdemeanor.

      [3.]2.  It is unlawful for any person maliciously [and purposely] in any manner to interfere with or disturb any persons peaceably assembled within a building of a public school for school district purposes. Any person who violates [any of the provisions of] this subsection is guilty of a misdemeanor.

      [4.]3.  For the purposes of this section [“school] :

      (a) “Assault” has the meaning ascribed to it in NRS 200.471.

      (b) “Maliciously” has the meaning ascribed to it in NRS 193.0175.

      (c) “School employee” means any licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.

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

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ê2015 Statutes of Nevada, Page 429ê

 

CHAPTER 119, SB 3

Senate Bill No. 3–Senator Gustavson

 

Joint Sponsors: Assemblymen O’Neill and Silberkraus

 

CHAPTER 119

 

[Approved: May 20, 2015]

 

AN ACT relating to public safety; requiring the Department of Motor Vehicles to establish a registry of emergency contact information for certain persons who possess a driver’s license, identification card or driver authorization card; requiring certain law enforcement personnel to use the registry to notify an emergency contact person regarding any persons involved in a motor vehicle accident; authorizing certain law enforcement personnel to use the registry to notify an emergency contact person regarding any persons involved in an accident or emergency situation other than a motor vehicle accident; providing immunity from liability to the Department and others with access to the registry for certain acts and omissions related to the registry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 8 of this bill requires the Department of Motor Vehicles to establish a registry on its Internet website to be known as the Next-of-Kin Registry. The Registry must include, in a secure portion of the website, a registry record unique to each registrant. Information in the Registry will be accessible to law enforcement, a coroner or medical examiner and the registrant, and parent or guardian of the registrant if the registrant is a minor. Section 9 of this bill provides the requirements for a registrant to establish a registry record in the Next-of-Kin Registry and allows a registrant to submit emergency contact information for not more than two emergency contact persons. Section 10 of this bill requires law enforcement personnel to search the Registry to identify and make reasonable efforts to make contact with the emergency contact person of a registrant if the registrant is unable to communicate after a serious motor vehicle accident. Section 10 also allows a coroner or medical examiner to access the Registry to identify the next-of-kin of a decedent. Section 10.5 of this bill authorizes law enforcement personnel to search the Registry to identify and make reasonable efforts to make contact with the emergency contact person of a registrant if the registrant is unable to communicate after an accident or emergency situation other than a motor vehicle accident. Sections 1, 2, 8 and 11 of this bill limit access to the information in the Registry to the registrant, law enforcement personnel, a coroner or medical examiner or his or her respective personnel and the Department, with certain exceptions, including other persons authorized by a court order. Sections 11 and 21 of this bill further provide that the names, telephone numbers and addresses of emergency contact persons in the Registry are confidential, not public records for the purposes of the Open Meeting Law and not discoverable except upon a subpoena issued in a criminal matter. (See chapter 239 of NRS) Section 12 of this bill limits the civil and criminal liability of those authorized to establish, maintain and access the Registry. Section 13 of this bill authorizes the Department to adopt regulations necessary to implement and maintain the Next-of-Kin Registry. Sections 14-20 of this bill require the Department, at the time of the application for or the renewal of a driver’s license, identification card or driver authorization card, to provide the applicant a form to register with the Next-of-Kin Registry.

 


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ê2015 Statutes of Nevada, Page 430 (Chapter 119, SB 3)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 481.063 is hereby amended to read as follows:

      481.063  1.  The Director may charge and collect reasonable fees for official publications of the Department and from persons making use of files and records of the Department or its various divisions for a private purpose. All money so collected must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      2.  Except as otherwise provided in subsection 6, the Director may release personal information, except a photograph, from a file or record relating to the driver’s license, identification card, or title or registration of a vehicle of a person if the requester submits a written release from the person who holds a lien on the vehicle, or an agent of that person, or the person about whom the information is requested which is dated not more than 90 days before the date of the request. The written release must be in a form required by the Director.

      3.  Except as otherwise provided in subsections 2 and 4, the Director shall not release to any person who is not a representative of the Division of Welfare and Supportive Services of the Department of Health and Human Services or an officer, employee or agent of a law enforcement agency, an agent of the public defender’s office or an agency of a local government which collects fines imposed for parking violations, who is not conducting an investigation pursuant to NRS 253.0415 or 253.220, who is not authorized to transact insurance pursuant to chapter 680A of NRS or who is not licensed as a private investigator pursuant to chapter 648 of NRS and conducting an investigation of an insurance claim:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department;

      (b) The social security number of any person, if it is requested to facilitate the solicitation of that person to purchase a product or service; or

      (c) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

Ê When such personally identifiable information is requested of a law enforcement agency by the presentation of a license plate number, the law enforcement agency shall conduct an investigation regarding the person about whom information is being requested or, as soon as practicable, provide the requester with the requested information if the requester officially reports that the motor vehicle bearing that license plate was used in a violation of NRS 205.240, 205.345, 205.380 or 205.445.

      4.  If a person is authorized to obtain such information pursuant to a contract entered into with the Department and if such information is requested for the purpose of an advisory notice relating to a motor vehicle or the recall of a motor vehicle or for the purpose of providing information concerning the history of a vehicle, the Director may release:

      (a) A list which includes license plate numbers combined with any other information in the records or files of the Department; or

 


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ê2015 Statutes of Nevada, Page 431 (Chapter 119, SB 3)ê

 

      (b) The name, address, telephone number or any other personally identifiable information if the information is requested by the presentation of a license plate number.

      5.  Except as otherwise provided in subsections 2, 4 and 6 and NRS 483.294, 483.855 and 483.937, the Director shall not release any personal information from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      6.  Except as otherwise provided in paragraph (a) and subsection 7, if a person or governmental entity provides a description of the information requested and its proposed use and signs an affidavit to that effect, the Director may release any personal information, except a photograph, from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle for use:

      (a) By any governmental entity, including, but not limited to, any court or law enforcement agency, in carrying out its functions, or any person acting on behalf of a federal, state or local governmental agency in carrying out its functions. The personal information may include a photograph from a file or record relating to a driver’s license, identification card, or title or registration of a vehicle.

      (b) In connection with any civil, criminal, administrative or arbitration proceeding before any federal or state court, regulatory body, board, commission or agency, including, but not limited to, use for service of process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court.

      (c) In connection with matters relating to:

             (1) The safety of drivers of motor vehicles;

             (2) Safety and thefts of motor vehicles;

             (3) Emissions from motor vehicles;

            (4) Alterations of products related to motor vehicles;

             (5) An advisory notice relating to a motor vehicle or the recall of a motor vehicle;

             (6) Monitoring the performance of motor vehicles;

             (7) Parts or accessories of motor vehicles;

             (8) Dealers of motor vehicles; or

             (9) Removal of nonowner records from the original records of motor vehicle manufacturers.

      (d) By any insurer, self-insurer or organization that provides assistance or support to an insurer or self-insurer or its agents, employees or contractors, in connection with activities relating to the rating, underwriting or investigation of claims or the prevention of fraud.

      (e) In providing notice to the owners of vehicles that have been towed, repossessed or impounded.

      (f) By an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license who is employed by or has applied for employment with the employer.

      (g) By a private investigator, private patrol officer or security consultant who is licensed pursuant to chapter 648 of NRS, for any use permitted pursuant to this section.

      (h) By a reporter or editorial employee who is employed by or affiliated with any newspaper, press association or commercially operated, federally licensed radio or television station for a journalistic purpose. The Department may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

 


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may not make any inquiries regarding the use of or reason for the information requested other than whether the information will be used for a journalistic purpose.

      (i) In connection with an investigation conducted pursuant to NRS 253.0415 or 253.220.

      (j) In activities relating to research and the production of statistical reports, if the personal information will not be published or otherwise redisclosed, or used to contact any person.

      7.  Except as otherwise provided in paragraph (j) of subsection 6, the Director shall not provide personal information to individuals or companies for the purpose of marketing extended vehicle warranties, and a person who requests and receives personal information may sell or disclose that information only for a use permitted pursuant to subsection 6. Such a person shall keep and maintain for 5 years a record of:

      (a) Each person to whom the information is provided; and

      (b) The purpose for which that person will use the information.

Ê The record must be made available for examination by the Department at all reasonable times upon request.

      8.  Except as otherwise provided in subsection 2, the Director may deny any use of the files and records if the Director reasonably believes that the information taken may be used for an unwarranted invasion of a particular person’s privacy.

      9.  Except as otherwise provided in NRS 485.316, the Director shall not allow any person to make use of information retrieved from the system created pursuant to NRS 485.313 for a private purpose and shall not in any other way release any information retrieved from that system.

      10.  Except as otherwise provided in sections 8, 10 and 10.5 of this act, or as otherwise required by law, the Director shall not:

      (a) Allow any person to make use of information retrieved from the Next-of-Kin Registry established pursuant to section 8 of this act for:

             (1) A private purpose; or

             (2) Any purpose relating to the legal presence of a person; or

      (b) In any other way release any information retrieved from the Registry.

      11.  The Director shall not release any information relating to legal presence or any other information relating to or describing immigration status, nationality or citizenship from a file or record relating to a request for or the issuance of a license, identification card or title or registration of a vehicle to any person or to any federal, state or local governmental entity for any purpose relating to the enforcement of immigration laws.

      [11.] 12.  The Director shall adopt such regulations as the Director deems necessary to carry out the purposes of this section. In addition, the Director shall, by regulation, establish a procedure whereby a person who is requesting personal information may establish an account with the Department to facilitate the person’s ability to request information electronically or by written request if the person has submitted to the Department proof of employment or licensure, as applicable, and a signed and notarized affidavit acknowledging that the person:

      (a) Has read and fully understands the current laws and regulations regarding the manner in which information from the Department’s files and records may be obtained and the limited uses which are permitted;

 


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      (b) Understands that any sale or disclosure of information so obtained must be in accordance with the provisions of this section;

      (c) Understands that a record will be maintained by the Department of any information he or she requests; and

      (d) Understands that a violation of the provisions of this section is a criminal offense.

      [12.] 13.  It is unlawful for any person to:

      (a) Make a false representation to obtain any information from the files or records of the Department.

      (b) Knowingly obtain or disclose any information from the files or records of the Department for any use not permitted by the provisions of this chapter.

      [13.] 14.  As used in this section:

      (a) “Information relating to legal presence” means information that may reveal whether a person is legally present in the United States, including, without limitation, whether the driver’s license that a person possesses is a driver authorization card, whether the person applied for a driver’s license pursuant to NRS 483.290 or 483.291 and the documentation used to prove name, age and residence that was provided by the person with his or her application for a driver’s license.

      (b) “Personal information” means information that reveals the identity of a person, including, without limitation, his or her photograph, social security number, individual taxpayer identification number, driver’s license number, identification card number, name, address, telephone number or information regarding a medical condition or disability. The term does not include the zip code of a person when separate from his or her full address, information regarding vehicular accidents or driving violations in which he or she has been involved or other information otherwise affecting his or her status as a driver.

      (c) “Vehicle” includes, without limitation, an off-highway vehicle as defined in NRS 490.060.

      Sec. 2. NRS 482.170 is hereby amended to read as follows:

      482.170  Except as otherwise provided in NRS 239.0115, 481.063 and 485.316, and sections 8, 10 and 10.5 of this act, all personal information in the records of registration and licensing in the offices of the Department is confidential and must not knowingly be disclosed by the Department.

      Sec. 3. Chapter 483 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 13, inclusive, of this act.

      Sec. 4. As used in sections 4 to 13, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Identification card” means an identification card issued by the Department pursuant to NRS 483.810 to 483.890, inclusive.

      Sec. 6. “Next-of-Kin Registry” means the registry of emergency contact persons established pursuant to section 8 of this act.

      Sec. 7. “Registrant” means a person who registers with the Next-of-Kin Registry pursuant to section 9 of this act.

      Sec. 8. 1.  The Department shall establish and maintain on its Internet website a registry to be known as the Next-of-Kin Registry. The Next-of-Kin Registry must include, without limitation, in a secure portion of the Internet website, a registry record unique to each registrant.

 


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      2.  Except as otherwise provided in this section, the Department shall provide access to, or information from, the registry record of a registrant in the Next-of-Kin Registry to:

      (a) A law enforcement officer or other duly authorized employee of a law enforcement agency who conducts a search pursuant to section 10 or 10.5 of this act;

      (b) A coroner or medical examiner or a duly authorized employee of a coroner or medical examiner who conducts a search pursuant to section 10 of this act;

      (c) The registrant for the purpose of adding, amending or deleting the name, telephone number, address or electronic mail address of an emergency contact person;

      (d) The parent or legal guardian of a registrant who is less than 18 years of age and is not emancipated; and

      (e) Employees of the Department to the extent necessary to carry out the provisions of sections 4 to 13, inclusive, of this act.

      3.  The Department may provide access to, or information from, the registry record of a registrant:

      (a) Pursuant to the lawful order of a court of competent jurisdiction; or

      (b) At the request of the personal representative of a deceased registrant.

      Sec. 9. 1.  A person may register with the Next-of-Kin Registry if the person possesses:

      (a) A Nevada driver’s license, identification card or driver authorization card; and

      (b) An Internet portal account with the Department.

      2.  The Department shall prescribe the information a person must submit electronically through the person’s portal account to register with the Next-of-Kin Registry, which must include, without limitation:

      (a) An affirmative indication of the desire of the person to become a registrant;

      (b) The driver’s license number, identification card number or driver authorization card number of the person;

      (c) The name, telephone number, address and electronic mail address, if available, of not more than two emergency contact persons who are at least 18 years of age, one of whom is the parent or legal guardian of the person if he or she is less than 18 years of age and is not emancipated; and

      (d) If the registrant is less than 18 years of age and is not emancipated, the driver’s license number, identification card number or driver authorization card number, if any, of the parent or legal guardian whose contact information is submitted by the registrant pursuant to paragraph (c).

      3.  If a person submits the information required pursuant to subsection 2 to become a registrant, the Department shall:

      (a) Create a registry record within the Next-of-Kin Registry for the registrant which includes the information regarding the emergency contact persons provided by the registrant; and

      (b) Provide to the registrant information regarding:

             (1) The persons and entities who will have access to the information in the Registry; and

 


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             (2) Who will be notified in the event of an emergency involving the registrant.

      Sec. 10. 1.  A law enforcement officer or a duly authorized employee of a law enforcement agency must, as soon as practicable, search the Next-of-Kin Registry for an emergency contact person of a driver or passenger in a motor vehicle if the driver or passenger:

      (a) Possesses a Nevada driver’s license, identification card or driver authorization card;

      (b) Has been involved in a motor vehicle accident which results in the death, serious bodily injury or other incapacitation of the driver or passenger; and

      (c) Is incapable of communicating.

      2.  Except as otherwise provided in subsection 3, if the law enforcement officer or the duly authorized employee of a law enforcement agency identifies an emergency contact person of a driver or passenger through the Next-of-Kin Registry pursuant to this section, the officer or employee must make a reasonable attempt to notify the emergency contact person, as soon as practicable, of the hospital or other location at which the driver or passenger may be located.

      3.  In the event of the death of a driver or passenger in a motor vehicle accident, the law enforcement officer or the duly authorized employee of a law enforcement agency shall coordinate the notification of the emergency contact person with the coroner or medical examiner, as applicable. Such notification may only be made after the positive identification of the decedent.

      4.  A coroner or medical examiner or a duly authorized employee of a coroner or medical examiner may access the Next-of-Kin Registry to search for the next-of-kin of a decedent if the decedent possessed a Nevada driver’s license, identification card or driver authorization card at the time of his or her death.

      Sec. 10.5. 1.  A law enforcement officer or a duly appointed authorized employee of a law enforcement agency may search the Next-of-Kin Registry for an emergency contact person of a person if the person on whose behalf the search is conducted:

      (a) Possesses a Nevada driver’s license, identification card or driver authorization card;

      (b) Has been involved in an accident or emergency situation other than a motor vehicle accident which results in the death, serious bodily injury or other incapacitation of the person; and

      (c) Is incapable of communicating.

      2.  Except as otherwise provided in subsection 3, if the law enforcement officer or the duly authorized employee of a law enforcement agency identifies an emergency contact person of a person through the Next-of-Kin Registry pursuant to this section, the officer or employee shall make a reasonable attempt to notify the emergency contact person of the hospital or other location at which the injured or incapacitated person may be located.

      3.  In the event of the death of a person due to an accident or other emergency situation other than a motor vehicle accident, the law enforcement officer or the duly authorized employee of a law enforcement agency shall coordinate the notification of the emergency contact person with the coroner or medical examiner, as applicable.

 


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with the coroner or medical examiner, as applicable. Such notification may only be made after the positive identification of the decedent.

      Sec. 11. Except as otherwise provided in sections 8, 10 and 10.5 of this act, the information regarding an emergency contact person submitted by a registrant for inclusion in the Next-of-Kin Registry is:

      1.  Confidential;

      2.  To be used or accessed only as authorized pursuant to sections 4 to 13, inclusive, of this act;

      3.  Not a public record for the purposes of chapter 239 of NRS; and

      4.  Not discoverable by any person, entity or governmental agency except upon the issuance of a subpoena by a grand jury or a court order in a criminal matter.

      Sec. 12. 1.  The Department, any employee of the Department, any law enforcement officer, any coroner or medical examiner, or any duly authorized employee of a law enforcement agency or coroner or medical examiner, when carrying out the provisions of sections 4 to 13, inclusive, of this act in the scope of their public duties or employment, are not liable to any person for civil damages or subject to criminal prosecution resulting from or caused by, without limitation:

      (a) Any disruption or failure in Internet service caused by an accident, malfunction, act of sabotage or God, or any other condition or circumstance which the Department has not directly or indirectly caused and which prevents:

             (1) The Department from establishing, maintaining or accessing the Next-of-Kin Registry;

             (2) A law enforcement officer, a coroner or a medical examiner, or a duly authorized employee of a law enforcement agency or coroner or medical examiner, from accessing the Next-of-Kin Registry as required or authorized pursuant to sections 10 and 10.5 of this act;

             (3) A registrant from accessing his or her registry record in the Next-of-Kin Registry or adding, amending or deleting the name, telephone number or address of an emergency contact person; or

             (4) The parent or legal guardian of a registrant who is less than 18 years of age and not emancipated from accessing the registry record of the registrant.

      (b) Any negligent misuse of, omission of or failure to input accurate information into, or input of inaccurate or outdated information into the Next-of-Kin Registry by a registrant.

      (c) The failure of a law enforcement officer, a coroner or a medical examiner, or a duly authorized employee of a law enforcement agency or coroner or medical examiner, to make contact with any emergency contact person.

      2.  This section must not be construed to exempt any person, including, without limitation, the Department, an employee of the Department, a law enforcement officer, a coroner, a medical examiner or a duly authorized employee of a law enforcement agency or coroner or medical examiner from criminal and civil liability for willful misuse of the information in the Next-of-Kin Registry.

      Sec. 13. The Department may adopt such regulations as are necessary to carry out the provisions of sections 4 to 13, inclusive, of this act.

 


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      Sec. 14. NRS 483.267 is hereby amended to read as follows:

      483.267  1.  The Department may issue a restricted license to any applicant between the ages of 14 and 18 years which entitles the applicant to drive a motor vehicle upon a highway if a member of his or her household has a medical condition which renders that member unable to operate a motor vehicle, and a hardship exists which requires the applicant to drive.

      2.  An application for a restricted license under this section must:

      (a) Be made upon a form provided by the Department.

      (b) Contain a statement that a person living in the same household with the applicant suffers from a medical condition which renders that person unable to operate a motor vehicle and explaining the need for the applicant to drive.

      (c) Be signed and verified as provided in NRS 483.300.

      (d) Include:

            (1) A written statement signed by the principal of the public school in which the applicant is enrolled or by a designee of the principal and which is provided to the applicant pursuant to NRS 392.123;

             (2) A written statement signed by the parent or legal guardian of the applicant which states that the applicant is excused from compulsory school attendance pursuant to NRS 392.070;

             (3) A copy of the applicant’s high school diploma or certificate of attendance; or

             (4) A copy of the applicant’s certificate of general educational development or an equivalent document.

      (e) Include information instructing the applicant how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      (f) Contain such other information as may be required by the Department.

      3.  A restricted license issued pursuant to this section:

      (a) Is effective for the period specified by the Department;

      (b) Authorizes the licensee to operate a motor vehicle on a street or highway only under conditions specified by the Department; and

      (c) May contain other restrictions which the Department deems necessary.

      4.  No license may be issued under this section until the Department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      Sec. 15. NRS 483.270 is hereby amended to read as follows:

      483.270  1.  The Department may issue a restricted license to any pupil between the ages of 14 and 18 years who is attending:

      (a) A public school in a school district in this State in a county whose population is less than 55,000 or in a city or town whose population is less than 25,000 when transportation to and from school is not provided by the board of trustees of the school district, if the pupil meets the requirements for eligibility adopted by the Department pursuant to subsection 5; or

      (b) A private school meeting the requirements for approval under NRS 392.070 when transportation to and from school is not provided by the private school,

Ê and it is impossible or impracticable to furnish such pupil with private transportation to and from school.

 


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      2.  An application for the issuance of a restricted license under this section must:

      (a) Be made upon a form provided by the Department.

      (b) Be signed and verified as provided in NRS 483.300.

      (c) Include a written statement signed by the:

             (1) Principal of the public school in which the pupil is enrolled or by a designee of the principal and which is provided to the applicant pursuant to NRS 392.123; or

             (2) Parent or legal guardian of the pupil which states that the pupil is excused from compulsory school attendance pursuant to NRS 392.070.

      (d) Include information instructing the applicant how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      (e) Contain such other information as may be required by the Department.

      3.  Any restricted license issued pursuant to this section:

      (a) Is effective only for the school year during which it is issued or for a more restricted period.

      (b) Authorizes the licensee to drive a motor vehicle on a street or highway only while going to and from school, and at a speed not in excess of the speed limit set by law for school buses.

      (c) May contain such other restrictions as the Department may deem necessary and proper.

      (d) May authorize the licensee to transport as passengers in a motor vehicle driven by the licensee, only while the licensee is going to and from school, members of his or her immediate family, or other minor persons upon written consent of the parents or guardians of such minors, but in no event may the number of passengers so transported at any time exceed the number of passengers for which the vehicle was designed.

      4.  No restricted license may be issued under the provisions of this section until the Department is satisfied fully as to the applicant’s competency and fitness to drive a motor vehicle.

      5.  The Department shall adopt regulations that set forth the requirements for eligibility of a pupil to receive a restricted license pursuant to paragraph (a) of subsection 1.

      Sec. 16. NRS 483.280 is hereby amended to read as follows:

      483.280  1.  Any person who is at least 15 1/2 years of age may apply to the Department for an instruction permit. The Department may, in its discretion, after the applicant has successfully passed all parts of the examination administered pursuant to NRS 483.330, other than the driving test, issue to the applicant an instruction permit entitling the applicant, while having the permit in his or her immediate possession, to drive a motor vehicle upon the highways for a period of 1 year when accompanied by a licensed driver who is at least 21 years of age, who has had at least 1 year of licensed driving experience in the type of vehicle for which the permit was issued and who is actually occupying a seat beside the driver, except when the permittee is occupying a motorcycle. The term “licensed driving experience” as used in this subsection does not include driving experience gained under an instruction permit issued pursuant to the provisions of this section.

      2.  The Department may, in its discretion, issue a temporary driver’s permit to an applicant for a driver’s license permitting the applicant to drive a motor vehicle while the Department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license.

 


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a motor vehicle while the Department is completing its investigation and determination of all facts relative to the applicant’s right to receive a driver’s license. The permit must be in the applicant’s immediate possession while driving a motor vehicle, and is invalid when the applicant’s license has been issued or for good cause has been refused.

      3.  The Department, upon receiving proper application, may, in its discretion, issue a restricted instruction permit effective for a school year, or for a more restricted period, to an applicant who is enrolled in a drivers’ education program which includes practice driving and which is approved by the Department even though the applicant has not reached the legal age to be eligible for a driver’s license. The instruction permit entitles the permittee, when the permittee has the permit in his or her immediate possession, to drive a motor vehicle only on a designated highway or within a designated area, but only when an approved instructor is occupying a seat beside the permittee.

      4.  At the time of the issuance of a permit pursuant to this section, the Department shall provide to the permittee information instructing the permittee how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      Sec. 16.5. NRS 483.291 is hereby amended to read as follows:

      483.291  1.  An application for an instruction permit or for a driver authorization card must:

      (a) Be made upon a form furnished by the Department.

      (b) Be verified by the applicant before a person authorized to administer oaths. Officers and employees of the Department may administer those oaths without charge.

      (c) Be accompanied by the required fee.

      (d) State the name, date of birth, sex and residence address of the applicant and briefly describe the applicant.

      (e) State whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for the suspension, revocation or refusal.

      (f) Include information instructing the applicant how to register for the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      (g) Include such other information as the Department may require to determine the competency and eligibility of the applicant.

      2.  Every applicant must furnish proof of his or her name and age by displaying an original or certified copy of:

      (a) Any one of the following documents:

             (1) A birth certificate issued by a state, a political subdivision of a state, the District of Columbia or any territory of the United States;

             (2) A driver’s license issued by another state, the District of Columbia or any territory of the United States which is issued pursuant to the standards established by 6 C.F.R. Part 37, Subparts A to E, inclusive, and which contains a security mark approved by the United States Department of Homeland Security in accordance with 6 C.F.R. § 37.17;

             (3) A passport issued by the United States Government;

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

 


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             (5) For persons who served in any branch of the Armed Forces of the United States, a report of separation;

             (6) A Certificate of Degree of Indian Blood issued by the United States Government;

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

             (8) A Consular Report of Birth Abroad issued by the Department of State; or

             (9) Such other documentation as specified by the Department by regulation; or

      (b) Any two of the following documents:

             (1) A driver’s license issued by another state, the District of Columbia or any territory of the United States other than such a driver’s license described in subparagraph (2) of paragraph (a);

             (2) A passport issued by a foreign government;

             (3) A birth certificate issued by a foreign government;

             (4) A consular identification card issued by the Government of Mexico or a document issued by another government that the Department determines is substantially similar; or

             (5) Any other proof acceptable to the Department.

Ê No document which is written in a language other than English may be accepted by the Department pursuant to this subsection unless it is accompanied by a verified translation of the document in the English language.

      3.  Every applicant must prove his or her residence in this State by displaying an original or certified copy of any two of the following documents:

      (a) A receipt from the rent or lease of a residence located in this State;

      (b) A record from a public utility for a service address located in this State which is dated within the previous 60 days;

      (c) A bank or credit card statement indicating a residential address located in this State which is dated within the previous 60 days;

      (d) A stub from an employment check indicating a residential address located in this State;

      (e) A document issued by an insurance company or its agent, including, without limitation, an insurance card, binder or bill, indicating a residential address located in this State;

      (f) A record, receipt or bill from a medical provider indicating a residential address located in this State; or

      (g) Any other document as prescribed by the Department by regulation.

      4.  Except as otherwise provided in subsection 5, a driver authorization card or instruction permit obtained in accordance with this section must:

      (a) Contain the same information as prescribed for a driver’s license pursuant to NRS 483.340 and any regulations adopted pursuant thereto;

      (b) Be of the same design as a driver’s license and contain only the minimum number of changes from that design that are necessary to comply with subsection 5; and

      (c) Be numbered from the same sequence of numbers as a driver’s license.

 


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      5.  A driver authorization card or instruction permit obtained in accordance with this section must comply with the requirements of section 202(d)(11) of the Real ID Act of 2005, Public Law 109-13, Division B, Title II, 119 Stat. 302, 312-15, 49 U.S.C. § 30301 note.

      6.  Notwithstanding the provisions of NRS 483.380, every driver authorization card expires on the anniversary of its issuance or renewal. Every driver authorization card is renewable at any time before its expiration upon application and payment of the required fee. The Department may, by regulation, defer the expiration of the driver authorization card of a person who is on active duty in the Armed Forces of the United States upon such terms and conditions as it may prescribe. The Department may similarly defer the expiration of the driver authorization card of the spouse or dependent son or daughter of that person if the spouse or child is residing with the person.

      7.  A driver authorization card shall not be used to determine eligibility for any benefits, licenses or services issued or provided by this State or its political subdivisions.

      8.  Except as otherwise provided in this section or by specific statute, any provision of this title that applies to drivers’ licenses shall be deemed to apply to a driver authorization card and an instruction permit obtained in accordance with this section.

      Sec. 17. NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive.

      2.  The Department shall adopt regulations prescribing the information that must be contained on a driver’s license.

      3.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General, the Secretary of State or his or her designee or the Chair of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      4.  Except as otherwise provided in NRS 239.0115, information pertaining to the issuance of a driver’s license pursuant to subsection 3 is confidential.

      5.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 3 for any purpose other than the special investigation for which it was issued.

 


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      6.  At the time of the issuance or renewal of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his or her driver’s license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.

      (b) Give the holder the opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her driver’s license.

      (e) Provide to the holder information instructing the holder how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      7.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      8.  The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 6 information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 18. NRS 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked for an offense other than a second violation within 7 years of NRS 484C.110, and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  A person who has been ordered to install a device in a motor vehicle pursuant to NRS 484C.460:

 


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      (a) Shall install the device not later than 21 days after the date on which the order was issued; and

      (b) May not receive a restricted license pursuant to this section until:

             (1) After at least 1 year of the period during which the person is not eligible for a license, if the person was convicted of:

                   (I) A violation of NRS 484C.430 or a homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

                   (II) A violation of NRS 484C.110 that is punishable as a felony pursuant to NRS 484C.410 or 484C.420;

             (2) After at least 180 days of the period during which the person is not eligible for a license, if the person was convicted of a violation of subsection 6 of NRS 484B.653; or

             (3) After at least 45 days of the period during which the person is not eligible for a license, if the person was convicted of a first violation within 7 years of NRS 484C.110.

      3.  If the Department has received a copy of an order requiring a person to install a device in a motor vehicle pursuant to NRS 484C.460, the Department shall not issue a restricted driver’s license to such a person pursuant to this section unless the applicant has submitted proof of compliance with the order and subsection 2.

      4.  Except as otherwise provided in NRS 62E.630, after a driver’s license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      5.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      6.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or by another jurisdiction is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

 


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      7.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      8.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      9.  At the time of the issuance of a restricted license pursuant to this section, the Department shall provide to the applicant information instructing the applicant how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      Sec. 19. NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  The Department shall adopt regulations prescribing the information that must be contained on an identification card.

      4.  At the time of the issuance or renewal of the identification card, the Department shall:

      (a) Give the holder the opportunity to have indicated on his or her identification card that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.

      (b) Give the holder the opportunity to indicate whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.863, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her identification card.

      (e) Provide to the holder information instructing the holder how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      5.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      6.  The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 4 information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

 


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      Sec. 20. NRS 483.928 is hereby amended to read as follows:

      483.928  1.  A person who wishes to be issued a commercial driver’s license by this State must:

      [1.](a) Apply to the Department for a commercial driver’s license;

      [2.](b) In accordance with standards contained in regulations adopted by the Department:

      [(a)] (1) Pass a knowledge test for the type of motor vehicle the person operates or expects to operate; and

      [(b)] (2) Pass a driving skills test for driving a commercial motor vehicle taken in a motor vehicle which is representative of the type of motor vehicle the person operates or expects to operate;

      [3.](c) Comply with all other requirements contained in the regulations adopted by the Department pursuant to NRS 483.908;

      [4.](d) Not be ineligible to be issued a commercial driver’s license pursuant to NRS 483.929; and

      [5.](e) For the issuance of a commercial driver’s license with an endorsement for hazardous materials, submit a complete set of fingerprints and written permission authorizing the Department to forward the fingerprints to the Central Repository for Nevada Records of Criminal History and all applicable federal agencies to process the fingerprints for a background check of the applicant in accordance with Section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, 49 U.S.C. § 5103a.

      2.  At the time of the issuance or renewal of a commercial driver’s license pursuant to this section, the Department shall provide to the holder of the license information instructing the holder how to register with the Next-of-Kin Registry pursuant to section 9 of this act if he or she so chooses.

      Sec. 21. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.

 


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353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, and 711.600, and section 11 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

 


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the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 21.5.  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 of Motor Vehicles 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. 22.  This act becomes effective:

      1.  Upon passage and approval for the purposes of adopting regulations and performing any 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 21.5 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.

________

CHAPTER 120, SB 147

Senate Bill No. 147–Senators Parks, Manendo, Woodhouse; and Carrillo

 

CHAPTER 120

 

[Approved: May 20, 2015]

 

AN ACT relating to peace officers; requiring each law enforcement agency to adopt policies setting forth when a peace officer who is employed by the agency is required to be trained in effective responses to incidents involving dogs or where dogs are present; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a peace officer to receive certain training as a condition of his or her certification. (NRS 289.590, 289.600) This bill requires each law enforcement agency to adopt policies setting forth when a peace officer who is employed by the agency is required to be trained in effective responses to incidents involving dogs or where dogs are present. In adopting the policies, a law enforcement agency is required to consider the job descriptions, work environments and duties of the peace officers.

 


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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.  Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each law enforcement agency shall adopt policies setting forth when a peace officer who is employed by the agency is required to be trained in effective responses to incidents involving dogs or where dogs are present.

      2.  In adopting the policies required by subsection 1, each law enforcement agency must consider the job descriptions, work environments and duties of the peace officers employed by the agency.

      3.  Training for a peace officer who is required pursuant to subsection 1 to be trained in effective responses to incidents involving dogs or where dogs are present must include, without limitation:

      (a) Differentiating between aggressive and nonthreatening dog behaviors;

      (b) Nonlethal methods of handling potentially dangerous dogs;

      (c) The role and capabilities of local animal control agencies; and

      (d) Any related subjects the Commission deems appropriate.

      4.  The Commission shall adopt regulations regarding the minimum standards for training in effective responses to incidents involving dogs or where dogs are present.

      Secs. 2 and 3. (Deleted by amendment.)

________

CHAPTER 121, AB 24

Assembly Bill No. 24–Committee on Government Affairs

 

CHAPTER 121

 

[Approved: May 20, 2015]

 

AN ACT relating to public officers and employees; authorizing payroll offsets to recover money related to delinquent balances on state-issued travel charge cards; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law and administrative regulations, the Department of Administration may contract with a charge card provider to provide charge cards to state officers and employees for the purpose of paying travel-related expenses. (NRS 281.160-281.175; State Administrative Manual §§ 230-236) Under this program, it is the officer’s or employee’s responsibility to pay the balance due on the charge card. This bill allows the State to deduct from the officer’s or employee’s paycheck any amounts required to pay off a delinquent balance on a charge card that has not been paid by the officer or employee or to pay an amount deducted from or offset against any rebate issued to the State by the issuer of the charge card related to the delinquent balance.

 

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