[Rev. 10/12/2015 12:47:35 PM]

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       [3.]4.  If a vacancy occurs on the Charter Committee, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.

       [4.]5.  Members of the Charter Committee are entitled to receive compensation, in an amount set by ordinance of the City Council, for each full meeting of the Charter Committee they attend.

      Sec. 11. (Deleted by amendment.)

      Sec. 12. Section 3.020 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1825, is hereby amended to read as follows:

       Sec. 3.020  City Manager: Duties; compensation [.] ; residency; vacancy.

       1.  The City Manager is the Chief Executive and Administrative Officer of the City Government. He or she is responsible to the City Council for the proper administration of all affairs of the City. The duties and salary of the City Manager must be fixed by the City Council and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.

       2.  Except as otherwise provided in this subsection, the City Manager must actually, as opposed to constructively, reside in the State. A person who is appointed as City Manager by the City Council must become an actual resident of the State not later than 6 months after the date of his or her appointment.

       3.  Any vacancy in the City Manager position must be filled by the City Council not later than 6 months after the vacancy occurs.

       4.  The City Manager may appoint such [clerical and administrative assistants] staff as he or she deems necessary [.

       3.] for the proper functioning of his or her office, including, without limitation:

       (a) A Chief of Staff, who is an appointive officer and not subject to the provisions of article IX of this Charter.

       (b) One or more Assistant City Managers, who are appointive officers and not subject to the provisions of article IX of this Charter.

       (c) An Executive Assistant, who is an appointive officer and not subject to the provisions of article IX of this Charter.

       (d) Clerical and office support staff, who are subject to the provisions of article IX of this Charter.

       5.  The City Manager may designate an acting City Manager to serve in his or her absence or, if he or she fails to do so, the City Council may appoint an acting City Manager.

       [4.]6.  No member of the City Council may be appointed as City Manager during the term for which he or she was elected, or for 1 year thereafter.

       [5.]7.  The City Manager shall appoint all officers and employees of the City and may remove any officer or employee of the City except as otherwise provided in this Charter. The City Manager may authorize the head of a department or office to appoint or remove his or her subordinates. [The appointment of a Chief of Police or a Fire Chief by the City Manager does not take effect until it has been confirmed by a majority vote of the members of the City Council. If a person so nominated is not confirmed, the City Manager shall continue to submit nominations until a nominee is confirmed.]

 


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person so nominated is not confirmed, the City Manager shall continue to submit nominations until a nominee is confirmed.]

      Sec. 13. Section 3.040 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1825, is hereby amended to read as follows:

       Sec. 3.040  City Clerk: Duties.

       1.  The City Clerk shall:

       (a) Keep the corporate seal and all books and papers belonging to the City.

       (b) Attend all meetings of the City Council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the City Council, the City Clerk shall attest the journal after it has been signed by the Mayor.

       (c) Sign all warrants for payment issued.

       (d) Number and sign all business licenses issued by the City. All business licenses must be in a form devised by the City Clerk and approved by the City Council.

       (e) Enter upon the journal the result of the vote of the City Council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.

       (f) Be the official collector of all business license fees and penalties of the City, and all money making up the City revenues, except general taxes and special assessments, must be paid over to him or her.

       2.  The City Clerk has custody of all the official records of the City. He or she is responsible to the City Council for the proper discharge of his or her duties. The duties and salary of the City Clerk are fixed by the City Council, and he or she is entitled to be reimbursed for all expenses incurred in the performance of his or her duties.

       3.  The City Clerk may, with approval of the City Council, appoint one [chief deputy] Chief Deputy City Clerk and one Manager of Record Systems, who are appointive officers and not subject to the provisions of article IX of this Charter.

       4.  The City Clerk may designate a member of his or her staff as acting City Clerk to:

       (a) Administer oaths; and

       (b) Perform all the duties of the City Clerk in his or her absence.

      Sec. 14. Section 3.060 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1826, is hereby amended to read as follows:

       Sec. 3.060  City Attorney: Qualifications; duties; salary.

       1.  The City Attorney must be a duly licensed member of the State Bar of Nevada and a qualified elector within the City. Once elected, he or she shall hold office for a term of 4 years and until his or her successor is duly elected and qualified.

       2.  The City Attorney is the Legal Officer of the City and shall:

 


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       (a) Perform such duties as are designated by ordinance;

       (b) Be present at all meetings of the City Council;

       (c) Be counsel for the Commission;

       (d) Devote his or her full time to the duties of the office; and

       (e) Not engage in the private practice of law.

       3.  The City Attorney is entitled to receive a salary as fixed by resolution of the City Council.

       4.  [The] As he or she requires in the discharge of the duties of his or her office, the City Attorney may [appoint] :

       (a) Appoint and remove [such assistants as he or she requires in the discharge of the duties of his or her office. Such assistants] any professional and paraprofessional legal staff, including, without limitation, attorneys, paralegals, investigators, an office administrator and an executive assistant. Professional and paraprofessional legal staff must not be Civil Service employees.

      (b) Appoint and remove clerical staff, including, without limitation, management assistants, legal secretaries and advocates. Clerical staff must not be Civil Service employees.

       5.  The Council may appropriate such an amount of money as it deems proper to compensate [such assistants. Such assistants] the professional and paraprofessional legal staff and clerical staff appointed by the City Attorney pursuant to subsection 4.

       6.  Any attorney or paralegal who [are attorneys and are] is employed for more than 20 hours per week by the City Attorney shall not engage in the private practice of law.

      Sec. 15. Section 3.070 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1975, is hereby amended to read as follows:

       Sec. 3.070  [Employment] Services of Special Counsel.  The City Council may, by six-sevenths vote, [employ] retain the services of attorneys to perform any civil duty of the City Attorney. Such attorneys are responsible only to the City Council . [, and the] The City Attorney shall have no responsibility or authority concerning the [subject matter of such employment.] services of such attorneys.

      Sec. 16. Section 3.140 of the Charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 349, Statutes of Nevada 2013, at page 1827, is hereby amended to read as follows:

       Sec. 3.140  Interference and direction by City Council.

       1.  The Mayor or Council Members shall not dictate the appointment, suspension or removal of any [City administrative officer or] appointive employee . [appointed by the City Manager or his or her subordinates.] No person covered by the rules and regulations of the Commission may be appointed, suspended or removed except as provided in those rules and regulations.

       2.  Any action directed by the City Council in a public meeting shall be deemed to be direction to the City Manager and not to any subordinate of the City Manager. The City Council or its members shall not:

       (a) Deal directly with [a City official or] an appointive employee on a matter pertaining to City business, except for the purpose of inquiry, but shall deal through the City Manager; or

 


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       (b) Give any order, publicly or privately, to any subordinate of the City Manager.

      Sec. 17. Section 9.020 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as last amended by chapter 349, Statutes of Nevada 2013, at page 1833, is hereby amended to read as follows:

       Sec. 9.020  Civil Service and exempt positions.

       1.  A Civil Service System is created for the selection, appointment and promotion of all employees of the City except:

      (a) [A person] Any elected official described in section 1.060 or person who is appointed to fill a [position] vacancy pursuant to [this Charter.] section 1.070.

       (b) A person who serves as a member of any board, commission, committee or other body created pursuant to the authority of the City.

       (c) An appointive officer or appointive employee.

       (d) A person employed by the City for less than 18 hours per week [.

       (d)]or 234 hours per fiscal quarter, whichever is greater.

       (e) A person who is not subject to the provisions of this article pursuant to section 3.020, 3.040 or 3.060.

       (f) A person for whose position half or more of the money is provided by a source other than the City.

       [(e) A person employed as a trainee for a period of time which is not more than that period prescribed for a probationary employee.

       (f)](g) An employee of the Municipal Court who is hired directly by the Court.

       2.  The provisions of this article are not applicable to the selection, appointment, promotion, demotion, transfer, suspension, discipline or dismissal of any person described in subsection 1.

       3.  Any employee whose position was within the provisions of the Civil Service System before June 2, 2013, shall retain all rights and benefits to which he or she would otherwise be entitled under the Civil Service System.

      Sec. 18.  Section 9.060 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as amended by chapter 349, Statutes of Nevada 2013, at page 1834, is hereby amended to read as follows:

       Sec. 9.060  Rules.

       1.  Except as otherwise provided in this section, the Commission shall adopt or amend rules for the Civil Service System, consistent with the provisions of this article. The Commission shall give or cause to be given at least 10 days’ notice of the time and place of a public meeting of the Commission on proposed rules by posting the notice and a copy of each proposed rule on the bulletin board of each department and by giving a copy of the notice and each proposed rule to the City Council, the City Manager, each department head, and the president or secretary of each employee organization formally recognized by the City. At the meeting, the Commission shall permit a representative of the City Council or the City Manager, or both, to comment on any proposed rule. Any amendment of the rule governing the number of qualified persons certified to the appointing authority on the Civil Service eligibility list is not effective until the amendment is approved by the City Council.

 


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authority on the Civil Service eligibility list is not effective until the amendment is approved by the City Council.

       2.  The rules adopted by the Commission must provide for the following matters relating to the Civil Service System:

       (a) The review and approval by the Commission of minimum qualifications set out in class specifications for positions.

       (b) Procedures for the review by the Commission of the allocation or reallocation of an employee’s position pursuant to subsection 4 of section 9.180.

       (c) Open and promotional recruitment of employees.

       [(c)](d) The development and scoring of examinations of candidates for positions.

       [(d)](e) The development, maintenance and certification of Civil Service eligibility lists, which must include criteria for the use of selective certification as applicable to a position.

       [(e)](f) Procedures for emergency, temporary, provisional and such other types of appointments as the Commission deems desirable to facilitate the business of the City.

       [(f)](g) The establishment of probationary periods, procedures for the confirmation of employees into the Civil Service System after completion of any applicable probationary period, and procedures for the dismissal of probationary employees, including, without limitation, the identification of circumstances in which a probationary employee, including, without limitation, a promoted employee, may not be dismissed by the head of a department without right of appeal.

       [(g)](h) Procedures for the promotion of employees and any right of promoted employees to return to their previous positions.

       [(h)](i) Procedures for the transfer and layoff of employees.

       [(i)](j) Procedures for investigating and hearing appeals relating to the discipline or discharge of employees or alleged violations of the rules of the Commission.

       3.  A copy of all rules adopted and all changes in them must be filed in the Office of the City Clerk. The Commission shall cause the rules and all changes in them to be distributed as it deems necessary, except that the Commission shall cause a copy to be made available to all officers and employees of the City on the City’s Internet website or in such other format as the Commission determines is appropriate.

       4.  The head of each department may adopt procedures for the governance of his or her department not inconsistent with this article or the rules of the Commission adopted thereunder.

       5.  As used in this section, “selective certification” means the certification of a person for inclusion on a Civil Service eligibility list for a position based upon specialized knowledge, skills or abilities of the person, in addition to those required to meet the minimum qualifications for the position, that are required to perform the duties of the position successfully.

      Sec. 19. Section 9.100 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 885, is hereby amended to read as follows:

       Sec. 9.100  Reports of employee performance.  The Commission shall have authority to require from time to time reports on the performance and efficiency of employees .

 


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on the performance and efficiency of employees . [and to require medical examinations of any employee, and to obtain the results thereof.] Each employee shall be entitled to see all such reports concerning him or her.

      Sec. 20. Section 9.120 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, at page 885, is hereby amended to read as follows:

       Sec. 9.120  Blanketing into Civil Service.  When positions which have not been within the Civil Service are declared by law to be included in the Civil Service, the Commission may [authorize] by rule:

       1.  Authorize the [probationary] noncompetitive appointment to such positions of employees who have held those positions satisfactorily for a period of 1 year. Other employees in such positions may be given temporary or provisional appointments as ordered by the Commission.

       2.  Waive any requirement that an employee complete a probationary period in the position after the position is included in the Civil Service.

       3.  Accept prior service acquired in the position before the position was included in the Civil Service as the equivalent of classified service.

       4.  Provide for other such matters as the Commission deems necessary or appropriate to facilitate the inclusion of a position in the Civil Service.

      Sec. 21. Section 9.180 of the Charter of the City of Reno being chapter 553, Statutes of Nevada 1973, at page 886, is hereby amended to read as follows:

       Sec. 9.180  Class specifications.

       1.  The City Manager [may adopt and revise specifications for the classes of] or his or her designee shall:

       (a) Prepare, maintain and, as necessary, revise a classification plan for all positions in the Civil Service.

       (b) Allocate each position in the Civil Service to a class set forth in the classification plan.

       2.  Each class [specification shall include] of employees that is set forth in the classification plan must include, without limitation, a title, a definition or statement of the characteristics of the class, a list of typical tasks or examples of the duties of the class, [and] a list of the knowledge, skills and abilities required for employees in the class, a statement [of] that describes the [desirable] minimum qualifications of employees in the class [.] and any other information that the City Manager determines is necessary for the proper classification and supervision of positions in the Civil Service. The [desirable] minimum qualifications shall be subject to review and approval by the Commission as part of its responsibility for recruiting and selecting employees.

       3.  The City Manager shall allocate positions into each class by grouping positions that have similar qualifications and levels of difficulty and responsibility such that the similarities justify similar treatment.

 


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       4.  Any employee in the Civil Service who is adversely affected by the allocation or reallocation of his or her position to a class pursuant to subsection 1 may request to have the classification reviewed by the Commission. A request for such a review must be submitted to the Commission not more than 30 calendar days after the employee receives notification of the allocation or reallocation of the employee’s position by the City Manager.

      5.  In reviewing the allocation or reallocation of an employee’s position pursuant to subsection 4, the Commission shall make findings as to the duties, responsibilities and qualifications of the position. If the Commission finds that a position is not classified correctly, the Commission shall notify the City Council and City Manager of its findings. Upon receiving such notification, the City Council shall review the findings of the Commission and, if approved by the City Council, the City Manager shall allocate or reallocate the position to a class pursuant to the findings of the Commission.

      Sec. 22. Section 9.270 of the Charter of the City of Reno, being chapter 553, Statutes of Nevada 1973, as last amended by chapter 349, Statutes of Nevada 2013, at page 1836, is hereby amended to read as follows:

       Sec. 9.270  Appeals to the Commission.

       1.  An employee in the Civil Service who has been suspended for a period of more than 3 days or who is the subject of an action by the City Manager to demote or terminate him or her may appeal such action to the Commission by serving the Secretary of the Commission with a written notice of appeal within 10 days after such action. The Commission shall set the time for hearing the appeal not less than 5 nor more than 15 days after the date of service of the notice of appeal.

       2.  The Commission shall adopt a rule for hearing such appeals and making any investigations it deems appropriate. [In all appeals to the Commission, the] The City Attorney or, if applicable, special counsel retained pursuant to section 3.070 shall represent the interest of the City [.] in appeals to the Commission.

       3.  In connection with any hearing or investigation contemplated by this article each member of the Commission may administer oaths, secure by subpoena the attendance of witnesses residing within 50 miles of the City and the production of books and papers relevant to the hearing or investigation, compel witnesses to answer and punish for contempt in the same manner as provided by law for the governing of trials before justices of the peace for failure to answer or produce books and other evidence necessary for the hearing. All witnesses must be under oath. The accused has the right to be heard in person and by attorney in his or her own defense and is entitled to secure the attendance of witnesses at the expense of the City if within the reach of the Commission’s subpoena and necessary for his or her defense. Upon a showing of necessity an accused may secure from the Commission an order requiring the taking of depositions of witnesses who are necessary to his or her defense and not within the reach of a subpoena. The Commission shall determine to what extent the expense of such depositions will be paid for by the City. Hearings on appeal must be reported and may be transcribed if a transcript is necessary for a deliberation of the Commission or for an appeal to the district court.

 


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necessary for a deliberation of the Commission or for an appeal to the district court. The Commission shall render its decision within 7 days after the date of the hearing.

       4.  The action taken by the City Manager may be affirmed, modified or revoked by the Commission. If the Commission finds that the reason for which the action was taken is insufficient or conflicts with the provisions of this Charter, the Civil Service rules and regulations, or any applicable law, it must modify or revoke the action.

       5.  The Commission shall adopt a rule for the hearing and disposition of appeals concerning procedures or the content of examinations.

      Sec. 23.  The amendatory provisions of this act apply prospectively.

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CHAPTER 164, AB 92

Assembly Bill No. 92–Assemblywoman Benitez-Thompson

 

CHAPTER 164

 

[Approved: May 25, 2015]

 

AN ACT relating to parentage; requiring the State Registrar of Vital Statistics to prepare and file a birth certificate with the name or names of the intended parent or parents pursuant to an order issued by a district court in Nevada which validates a gestational agreement; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines a “gestational agreement” as a contract between an intended parent or parents and a gestational carrier intended to result in a live birth. (NRS 126.570) Existing law also authorizes a district court in Nevada to issue an order validating such an agreement and declaring the intended parent or parents to be the parent or parents of the resulting child. (NRS 126.720) This bill requires the State Registrar of Vital Statistics, upon receipt of such a court order, to prepare and file a certificate of birth for the resulting child which shows the intended parent or parents as the parent or parents of the child and to seal and file the court order and original certificate of birth, if any. This bill also provides that unless the order was issued by a district court in Nevada for an action which was originally commenced in this State, a court order concerning a gestational agreement is not valid for any purpose in Nevada as it relates to a child born in this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 126.161 is hereby amended to read as follows:

      126.161  1.  A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the existence or nonexistence of the relationship of parent and child is determinative for all purposes.

 


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ê2015 Statutes of Nevada, Page 779 (Chapter 164, AB 92)ê

 

      2.  If such a judgment or order of this State is at variance with the child’s birth certificate, the judgment or order must direct that a new birth certificate be issued as provided in NRS 440.270 to 440.340, inclusive [.] , and section 4 of this act.

      3.  If the child is a minor, such a judgment or order of this State must provide for the child’s support as required by chapter 125B of NRS and must include an order directing the withholding or assignment of income for the payment of the support unless:

      (a) One of the parties demonstrates and good cause is found by the court, or pursuant to the expedited process, for the postponement of the withholding or assignment; or

      (b) All parties otherwise agree in writing.

      4.  Such a judgment or order of this State may:

      (a) Contain any other provision directed against the appropriate party to the proceeding, concerning the duty of support, the custody and guardianship of the child, visitation with the child, the furnishing of bond or other security for the payment of the judgment, or any other matter in the best interest of the child.

      (b) Direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The court may limit the father’s liability for past support of the child to the proportion of the expenses already incurred which the court deems just.

      5.  A court that enters such a judgment or order shall ensure that the social security numbers of the mother and father are:

      (a) Provided to the Division of Welfare and Supportive Services of the Department of Health and Human Services.

      (b) Placed in the records relating to the matter and, except as otherwise required to carry out a specific statute, maintained in a confidential manner.

      6.  As used in this section, “expedited process” means a voluntary acknowledgment of paternity, judicial procedure or an administrative procedure established by this or another state, as that term is defined in NRS 130.10179, to facilitate the collection of an obligation for the support of a child.

      Sec. 2. NRS 126.221 is hereby amended to read as follows:

      126.221  Upon order of a court of this state or , except as otherwise provided in section 4 of this act, upon request of a court of another state, the State Registrar of Vital Statistics shall prepare a new certificate of birth consistent with the findings of the court and substitute the new certificate for the original certificate of birth as provided in NRS 440.270 to 440.340, inclusive [.] , and section 4 of this act.

      Sec. 3. NRS 126.720 is hereby amended to read as follows:

      126.720  1.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750:

      (a) The intended parent or parents shall be considered the parent or parents of the resulting child immediately upon the birth of the child;

      (b) The resulting child shall be considered the child of the intended parent or parents immediately upon the birth of the child;

      (c) Parental rights vest in the intended parent or parents immediately upon the birth of the resulting child;

      (d) Sole legal and physical custody of the resulting child vest with the intended parent or parents immediately upon the birth of the child; and

 


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      (e) Neither the gestational carrier nor her legal spouse or domestic partner, if any, shall be considered the parent of the resulting child.

      2.  If a gestational carrier arrangement satisfies the requirements of NRS 126.740 and 126.750 and if, because of a laboratory error, the resulting child is not genetically related to the intended parent or either of the intended parents or any donor who donated to the intended parent or parents, the intended parent or parents shall be considered the parent or parents of the child, unless a determination to the contrary is made by a court of competent jurisdiction in an action which may only be brought by one or more genetic parents of the resulting child within 60 days after the birth of the child.

      3.  The parties to a gestational carrier arrangement shall assume the rights and obligations of subsections 1 and 2 if:

      (a) The gestational carrier satisfies the eligibility requirements set forth in subsection 1 of NRS 126.740;

      (b) The intended parent or parents satisfy the requirement set forth in subsection 2 of NRS 126.740; and

      (c) The gestational carrier arrangement occurs pursuant to a gestational agreement which meets the requirements set forth in NRS 126.750.

      4.  Before or after the birth of the resulting child, the intended parent or parents or the prospective gestational carrier or gestational carrier may commence a proceeding in any district court in this State to obtain an order designating the content of the birth certificate issued as provided in NRS 440.270 to 440.340, inclusive [.] , and section 4 of this act. If:

      (a) The resulting child is to be born in this State;

      (b) A copy of the gestational agreement is attached to the petition; and

      (c) The requirements of NRS 126.740 and 126.750 are satisfied,

Ê the court may issue an order validating the gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child.

      Sec. 4. Chapter 440 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Whenever the State Registrar receives an order issued by a district court in this State pursuant to subsection 4 of NRS 126.720 validating a gestational agreement and declaring the intended parent or parents to be the parent or parents of the resulting child, the State Registrar shall prepare and file a certificate of birth in the name of the child which shows the intended parent or parents as the parent or parents of the child and seal and file the order and the original certificate of birth, if any. Unless the court order is issued by a district court in this State for an action which was originally commenced in this State, a court order concerning a gestational agreement is not valid for any purpose in this State as it relates to a child born in this State, including, without limitation, the preparation and filing of a certificate of birth by the State Registrar.

      2.  As used in this section:

      (a) “Gestational agreement” has the meaning ascribed to it in NRS 126.570.

      (b) “Intended parent” has the meaning ascribed to it in NRS 126.590.

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CHAPTER 165, AB 101

Assembly Bill No. 101–Assemblyman Ellison

 

CHAPTER 165

 

[Approved: May 25, 2015]

 

AN ACT relating to motor carriers; exempting the transportation of workers to and from certain work sites from the definition of “charter bus transportation” in certain counties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires drivers of charter buses, who are employed in providing charter bus transportation services, to have a driver’s permit issued by the Nevada Transportation Authority. (NRS 706.462) Among other requirements, to obtain a driver’s permit, an applicant must submit an application which includes the applicant’s fingerprints for the purpose of conducting a Federal Bureau of Investigation criminal background check. In addition, the applicant must pay upon both initial issuance and upon renewal a fee not to exceed $50, as well as the cost for processing the fingerprints. (NRS 706.462)

      This bill exempts from the definition of “charter bus transportation” buses used to transport workers to and from certain work sites, including, without limitation, construction sites, mines and renewable energy facilities, in a county whose population is less than 100,000 (currently counties other than Clark and Washoe Counties). This exemption effectively removes drivers of such buses from the requirement to obtain and renew a driver’s permit and pay the requisite fees.

 

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 706.462 is hereby amended to read as follows:

      706.462  1.  A person shall not drive a charter bus for the purposes of charter bus transportation, a motor vehicle for a fully regulated carrier of passengers or a taxicab motor carrier as an employee, independent contractor or lessee unless the person has been issued a driver’s permit by the Authority pursuant to this section.

      2.  The Authority shall issue a driver’s permit to each applicant who satisfies the requirements of this section. Before issuing a driver’s permit, the Authority shall:

      (a) Require the applicant to submit a complete set of his or her fingerprints, which the Authority shall forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to ascertain whether the applicant has a criminal record and the nature of any such record, and may further investigate the applicant’s background; and

      (b) Require proof that the applicant is employed or under a contract or lease agreement or has an offer of employment, a contract or a lease agreement that is contingent on the applicant obtaining a driver’s permit pursuant to this section and:

             (1) Has a valid license issued pursuant to NRS 483.340 which authorizes the applicant to drive in this State any motor vehicle that is within the scope of the employment, contract or lease; or

 


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ê2015 Statutes of Nevada, Page 782 (Chapter 165, AB 101)ê

 

             (2) If the driver is a resident of a state other than Nevada, has a valid license issued by the state in which he or she resides which authorizes the applicant to drive any motor vehicle that is within the scope of the employment, contract or lease.

      3.  The Authority may refuse to issue a driver’s permit if:

      (a) The applicant has been convicted of:

             (1) A felony, other than a sexual offense, in this State or any other jurisdiction within the 5 years immediately preceding the date of the application;

             (2) A felony involving any sexual offense in this State or any other jurisdiction at any time before the date of the application; or

             (3) A violation of NRS 484C.110 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct within the 3 years immediately preceding the date of the application.

      (b) After further investigation into the applicant’s background, if any, the Authority determines that the issuance of the driver’s permit would be detrimental to public health, welfare or safety.

      4.  A driver’s permit issued pursuant to this section is valid for not longer than 3 years, but lapses if the driver ceases to be employed by the carrier identified in the application for the original or renewal permit or if the contract or lease expires and the driver enters into a contract or lease with a different carrier. A driver must notify the Authority within 10 days after the lapse of a permit and obtain a new permit pursuant to this section before driving for a different carrier.

      5.  An applicant shall pay to the Authority:

      (a) A fee for the processing of fingerprints which is to be established by the Authority and which may not exceed the fee charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.

      (b) For an original driver’s permit, a fee not to exceed $50.

      (c) For the renewal of a driver’s permit, a fee not to exceed $50.

      6.  As used in this section, “charter bus transportation” means transportation by bus of a group of persons who, pursuant to a common purpose and under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin. The term does not include:

      (a) The transportation of passengers and their baggage in the same vehicle for a per capita charge between airports or between an airport and points and places in this State;

      (b) The transportation at a per capita or an hourly rate of passengers to various points of interest for the purpose of sightseeing or visiting those points of interest where a narrated tour is presented to the passengers; [or]

      (c) The transportation of persons who have acquired the use of a vehicle for a special event between definite points of origin and destination, at a per capita rate [.] ; or

      (d) In a county whose population is less than 100,000, the transportation of a group of persons to and from a single job site or work site, including, without limitation, a construction site, mine or facility or project for the production of renewable energy. As used in this paragraph:

             (1) “Construction site” means any location at which construction work is being commenced or in progress.

 


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ê2015 Statutes of Nevada, Page 783 (Chapter 165, AB 101)ê

 

             (2) “Mine” means an excavation in the earth from which ores, coal or other mineral substances are extracted, or a subterranean natural deposit of minerals located and identified as such by the staking of a claim or other method recognized by law. The term includes, without limitation, a well drilled to extract minerals.

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

                   (I) Biomass;

                   (II) Fuel cells;

                   (III) Geothermal energy;

                   (IV) Solar energy;

                   (V) Waterpower; and

                   (VI) Wind.

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

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

________

CHAPTER 166, AB 106

Assembly Bill No. 106–Committee on Government Affairs

 

CHAPTER 166

 

[Approved: May 25, 2015]

 

AN ACT relating to public works; revising provisions relating to contracts between a public body and a design professional; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides standard provisions that must be included in a public works contract between a public body and a design professional who is not a member of a design-build team. (NRS 338.155) A design professional is defined in existing law as a professional engineer, professional land surveyor, architect, interior designer, residential designer or landscape architect, or a business entity that is engaged in the business of professional engineering, land surveying, architecture or landscape architecture. (NRS 338.010) This bill eliminates the authority of a public body to include in a contract with such a design professional a provision requiring that the design professional defend the public body in any lawsuit alleging negligence, errors or omissions, recklessness or intentional misconduct on the part of the design professional or his or her employees or agents which are based upon or arising out of the professional services of the design professional. In such circumstances, this bill provides that if the design professional is held to be liable as a result of a lawsuit, the judge or jury shall order the design professional to reimburse the public body for a proportionate share of the attorney’s fees and costs the public body incurred in defending the action. However, this bill retains the authority in existing law for a public body to include a provision in a contract with a design professional requiring that the design professional defend the public body in any lawsuit alleging negligence, errors or omissions, recklessness or intentional misconduct of the design professional or his or her employees or agents which are not based upon or arising out of the professional services of the design professional.

 


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ê2015 Statutes of Nevada, Page 784 (Chapter 166, AB 106)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 338.155 is hereby amended to read as follows:

      338.155  1.  If a public body enters into a contract with a design professional who is not a member of a design-build team, for the provision of services in connection with a public work, the contract:

      (a) Must set forth:

             (1) The specific period within which the public body must pay the design professional.

             (2) The specific period and manner in which the public body may dispute a payment or portion thereof that the design professional alleges is due.

             (3) The terms of any penalty that will be imposed upon the public body if the public body fails to pay the design professional within the specific period set forth in the contract pursuant to subparagraph (1).

             (4) That the prevailing party in an action to enforce the contract is entitled to reasonable attorney’s fees and costs.

      (b) May set forth the terms of any discount that the public body will receive if the public body pays the design professional within the specific period set forth in the contract pursuant to subparagraph (1) of paragraph (a).

      (c) May set forth the terms by which the design professional agrees to name the public body, at the cost of the public body, as an additional insured in an insurance policy held by the design professional, if the policy allows such an addition.

      (d) Must not require the design professional to defend, indemnify or hold harmless the public body or the employees, officers or agents of that public body from any liability, damage, loss, claim, action or proceeding caused by the negligence, errors, omissions, recklessness or intentional misconduct of the employees, officers or agents of the public body.

      (e) [Except as otherwise provided in this paragraph, may] May require the design professional to [defend,] indemnify and hold harmless the public body, and the employees, officers and agents of the public body from any liabilities, damages, losses, claims, actions or proceedings, including, without limitation, reasonable attorneys’ fees and costs, to the extent that such liabilities, damages, losses, claims, actions or proceedings are caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional in the performance of the contract. [If the insurer by which the design professional is insured against professional liability does not so]

      (f) Must not require the design professional to defend the public body and the employees, officers and agents of the public body [and] with respect to the liabilities, damages, losses, claims, actions or proceedings caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional which are based upon or arising out of the professional services of the design professional. If the design professional is adjudicated to be liable by a trier of fact, the trier of fact shall award reasonable attorney’s fees and costs to be paid to the public body , as reimbursement for the attorney’s fees and costs incurred by the public body in defending the action, by the design professional in an amount which is proportionate to the liability of the design professional.

 


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ê2015 Statutes of Nevada, Page 785 (Chapter 166, AB 106)ê

 

for the attorney’s fees and costs incurred by the public body in defending the action, by the design professional in an amount which is proportionate to the liability of the design professional.

      (g) May require the design professional to defend the public body and the employees, officers and agents of the public body with respect to the liabilities, damages, losses, claims, actions or proceedings caused by the negligence, errors, omissions, recklessness or intentional misconduct of the design professional or the employees or agents of the design professional which are not based upon or arising out of the professional services of the design professional.

      2.  Any provision of a contract entered into by a public body and a design professional who is not a member of a design-build team that conflicts with the provisions of paragraph (d) , [or] (e) , (f) or (g) of subsection 1 is void.

      3.  As used in this section, “agents” means those persons who are directly involved in and acting on behalf of the public body or the design professional, as applicable, in furtherance of the contract or the public work to which the contract pertains.

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

________

CHAPTER 167, AB 108

Assembly Bill No. 108–Assemblyman Elliot Anderson

 

CHAPTER 167

 

[Approved: May 25, 2015]

 

AN ACT relating to criminal procedure; authorizing courts to allow certain victims of sex trafficking or involuntary servitude who have been convicted of certain crimes to have their judgments of conviction vacated; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law allows a court to grant a motion to vacate a judgment if the defendant was convicted of engaging in or soliciting prostitution and the defendant’s participation in the offense was the result of having been a victim of sex trafficking or involuntary servitude. (NRS 176.515) This bill allows a court to grant a motion to vacate a judgment if the defendant was convicted of: (1) trespassing, loitering in a gaming area or a violation of a county, city or town ordinance prohibiting loitering for the purpose of solicitation or prostitution; and (2) the defendant’s participation in the offense was the result of having been a victim of sex trafficking or involuntary servitude.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176.515 is hereby amended to read as follows:

      176.515  1.  The court may grant a new trial to a defendant if required as a matter of law or on the ground of newly discovered evidence.

 


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ê2015 Statutes of Nevada, Page 786 (Chapter 167, AB 108)ê

 

      2.  If trial was by the court without a jury, the court may vacate the judgment if entered, take additional testimony and direct the entry of a new judgment.

      3.  Except as otherwise provided in NRS 176.09187, a motion for a new trial based on the ground of newly discovered evidence may be made only within 2 years after the verdict or finding of guilt.

      4.  A motion for a new trial based on any other grounds must be made within 7 days after the verdict or finding of guilt or within such further time as the court may fix during the 7-day period.

      5.  The court may grant a motion to vacate a judgment if:

      (a) The judgment is a conviction for a violation of :

             (1) NRS 201.354, for engaging in prostitution or solicitation for prostitution, provided that the defendant was not alleged to be a customer of a prostitute;

             (2) NRS 207.200, for unlawful trespass;

             (3) Paragraph (b) of subsection 1 of NRS 463.350, for loitering; or

             (4) A county, city or town ordinance, for loitering for the purpose of solicitation or prostitution.

      (b) The participation of the defendant in the offense was the result of the defendant having been a victim of:

             (1) Trafficking in persons as described in the Trafficking Victims Protection Act of 2000, 22 U.S.C. §§ 7101 et seq.; or

             (2) Involuntary servitude as described in NRS 200.463 or 200.4631; and

      (c) The defendant makes a motion under this subsection with due diligence after the defendant has ceased being a victim of trafficking or involuntary servitude or has sought services for victims of such trafficking or involuntary servitude.

      6.  In deciding whether to grant a motion made pursuant to subsection 5, the court shall take into consideration any reasonable concerns for the safety of the defendant, family members of the defendant or other victims that may be jeopardized by the bringing of such a motion.

      7.  If the court grants a motion made pursuant to subsection 5, the court:

      (a) Shall vacate the judgment and dismiss the accusatory pleading; and

      (b) May take any additional action that the court deems appropriate under the circumstances.

________

 


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ê2015 Statutes of Nevada, Page 787ê

 

CHAPTER 168, AB 124

Assembly Bill No. 124–Assemblymen Diaz, Carrillo, Elliot Anderson, Kirkpatrick, Ohrenschall; Araujo, Bustamante Adams, Carlton, Dickman, Flores, Joiner, Neal, Sprinkle, Swank and Thompson

 

Joint Sponsor: Senator Denis

 

CHAPTER 168

 

[Approved: May 25, 2015]

 

AN ACT relating to punishment for crimes; revising the minimum age at which a child may be punished under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the minimum age at which a child may be punished for a crime is 8 years of age. (NRS 194.010) This bill raises the minimum age at which a child may be punished to 10 years of age unless the child is charged with murder or certain sexual offenses.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-3. (Deleted by amendment.)

      Sec. 3.5. NRS 48.061 is hereby amended to read as follows:

      48.061  1.  Except as otherwise provided in subsection 2, evidence of domestic violence and expert testimony concerning the effect of domestic violence, including, without limitation, the effect of physical, emotional or mental abuse, on the beliefs, behavior and perception of the alleged victim of the domestic violence that is offered by the prosecution or defense is admissible in a criminal proceeding for any relevant purpose, including, without limitation, when determining:

      (a) Whether a defendant is excepted from criminal liability pursuant to subsection [7] 8 of NRS 194.010, to show the state of mind of the defendant.

      (b) Whether a defendant in accordance with NRS 200.200 has killed another in self-defense, toward the establishment of the legal defense.

      2.  Expert testimony concerning the effect of domestic violence may not be offered against a defendant pursuant to subsection 1 to prove the occurrence of an act which forms the basis of a criminal charge against the defendant.

      3.  As used in this section, “domestic violence” means the commission of any act described in NRS 33.018.

      Sec. 4. NRS 194.010 is hereby amended to read as follows:

      194.010  All persons are liable to punishment except those belonging to the following classes:

      1.  Children under the age of 8 years.

      2.  Children between the ages of 8 years and 10 years, unless the child is charged with murder or a sexual offense as defined in NRS 62F.100.

      3.  Children between the ages of 8 years and 14 years, in the absence of clear proof that at the time of committing the act charged against them they knew its wrongfulness.

 


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ê2015 Statutes of Nevada, Page 788 (Chapter 168, AB 124)ê

 

      [3.]4.  Persons who committed the act charged or made the omission charged in a state of insanity.

      [4.]5.  Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent, where a specific intent is required to constitute the offense.

      [5.]6.  Persons who committed the act charged without being conscious thereof.

      [6.]7.  Persons who committed the act or made the omission charged, through misfortune or by accident, when it appears that there was no evil design, intention or culpable negligence.

      [7.]8.  Persons, unless the crime is punishable with death, who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to believe, and did believe, their lives would be endangered if they refused, or that they would suffer great bodily harm.

________

CHAPTER 169, AB 130

Assembly Bill No. 130–Assemblymen Nelson, Jones, Armstrong, Fiore; Dickman, Gardner, Kirner, Moore, Ohrenschall, Silberkraus and Woodbury

 

CHAPTER 169

 

[Approved: May 25, 2015]

 

AN ACT relating to estates; revising provisions authorizing the summary administration of the estate of a decedent; revising provisions concerning the distribution or transfer of assets from certain small estates of decedents; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law governs wills and estates of deceased persons. (Title 12 of NRS) Under existing law, a court is authorized to enter an order for the summary administration of an estate if the court deems summary administration advisable and the gross value of the estate does not exceed $200,000 after deducting any encumbrances. (NRS 145.040) Sections 1 and 2 of this bill increase that amount to $300,000.

      Existing law provides, under certain circumstances, for the transfer of assets from the estate of a decedent to certain claimants pursuant to an affidavit showing the right to receive the assets without the issuance of a letter of administration or, if applicable, the probate of a will if the gross value of the estate does not exceed $20,000. (NRS 146.080) Section 4 of this bill: (1) increases that amount to $100,000 if the claimant is the surviving spouse of the decedent and to $25,000 for any other claimant; and (2) excludes the value of any motor vehicles registered to the decedent from the determination of whether the gross value of the estate exceeds these amounts. Section 4 also requires the affidavit required for such transfer of assets to include a declaration that the claimant has no knowledge of any existing claims for personal injury or tort damages against the decedent. Finally, section 4 requires a governmental agency that issues certificates of title, ownership or registration to personal property to accept an affidavit containing the required information, regardless of the form of the affidavit.

 


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ê2015 Statutes of Nevada, Page 789 (Chapter 169, AB 130)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 145.040 is hereby amended to read as follows:

      145.040  If it is made to appear to the court that the gross value of the estate, after deducting any encumbrances, does not exceed [$200,000,] $300,000, the court may, if deemed advisable considering the nature, character and obligations of the estate, enter an order for a summary administration of the estate.

      Sec. 2. NRS 145.110 is hereby amended to read as follows:

      145.110  If at any time after the entry of an order for the summary administration of an estate it appears that the gross value of the estate, after deducting any encumbrances, exceeds [$200,000] $300,000 as of the death of the decedent, the personal representative shall petition the court for an order revoking summary administration. The court may, if deemed advisable considering the nature, character and obligations of the estate, provide in its order revoking summary administration that regular administration of the estate may proceed unabated upon providing such portions of the regular proceedings and notices as were dispensed with by the order for summary administration.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 146.080 is hereby amended to read as follows:

      146.080  1.  If a decedent leaves no real property, nor interest therein, nor mortgage or lien thereon, in this State, and the gross value of the decedent’s property in this State, over and above any amounts due to the decedent for services in the Armed Forces of the United States [,] and the value of any motor vehicles registered to the decedent, does not exceed [$20,000,] the applicable amount, a person who has a right to succeed to the property of the decedent pursuant to the laws of succession for a decedent who died intestate or pursuant to the valid will of a decedent who died testate, on behalf of all persons entitled to succeed to the property claimed, or the Director of the Department of Health and Human Services or public administrator on behalf of the State or others entitled to the property, may, 40 days after the death of the decedent, without procuring letters of administration or awaiting the probate of the will, collect any money due the decedent, receive the property of the decedent, and have any evidences of interest, indebtedness or right transferred to the claimant upon furnishing the person, representative, corporation, officer or body owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, indebtedness or right, with an affidavit showing the right of the affiant or affiants to receive the money or property or to have the evidence transferred.

      2.  An affidavit made pursuant to this section must state:

      (a) The affiant’s name and address, and that the affiant is entitled by law to succeed to the property claimed;

      (b) The date and place of death of the decedent;

      (c) That the gross value of the decedent’s property in this State, except amounts due the decedent for services in the Armed Forces of the United States [,] or the value of any motor vehicles registered to the decedent, does not exceed [$20,000,] the applicable amount, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

 


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ê2015 Statutes of Nevada, Page 790 (Chapter 169, AB 130)ê

 

not exceed [$20,000,] the applicable amount, and that the property does not include any real property nor interest therein, nor mortgage or lien thereon;

      (d) That at least 40 days have elapsed since the death of the decedent, as shown in a certified copy of the certificate of death of the decedent attached to the affidavit;

      (e) That no petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;

      (f) That all debts of the decedent, including funeral and burial expenses, and money owed to the Department of Health and Human Services as a result of the payment of benefits for Medicaid, have been paid or provided for;

      (g) A description of the personal property and the portion claimed;

      (h) That the affiant has given written notice, by personal service or by certified mail, identifying the affiant’s claim and describing the property claimed, to every person whose right to succeed to the decedent’s property is equal or superior to that of the affiant, and that at least 14 days have elapsed since the notice was served or mailed;

      (i) That the affiant is personally entitled, or the Department of Health and Human Services is entitled, to full payment or delivery of the property claimed or is entitled to payment or delivery on behalf of and with the written authority of all other successors who have an interest in the property; [and]

      (j) That the affiant has no knowledge of any existing claims for personal injury or tort damages against the decedent; and

      (k) That the affiant acknowledges an understanding that filing a false affidavit constitutes a felony in this State.

      3.  If the affiant:

      (a) Submits an affidavit which does not meet the requirements of subsection 2 or which contains statements which are not entirely true, any money or property the affiant receives is subject to all debts of the decedent.

      (b) Fails to give notice to other successors as required by subsection 2, any money or property the affiant receives is held by the affiant in trust for all other successors who have an interest in the property.

      4.  A person who receives an affidavit containing the information required by subsection 2 is entitled to rely upon that information, and if the person relies in good faith, the person is immune from civil liability for actions based on that reliance.

      5.  Upon receiving proof of the death of the decedent and an affidavit containing the information required by this section:

      (a) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to succeed to ownership of that security.

      (b) A governmental agency required to issue certificates of title, ownership or registration to personal property shall issue a new certificate of title, ownership or registration to the person claiming to succeed to ownership of the property. The governmental agency may not refuse to accept an affidavit containing the information required by this section, regardless of the form of the affidavit.

      6.  If any property of the estate not exceeding [$20,000] the applicable amount is located in a state which requires an order of a court for the transfer of the property, or if the estate consists of stocks or bonds which must be transferred by an agent outside this State, any person qualified pursuant to the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer.

 


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ê2015 Statutes of Nevada, Page 791 (Chapter 169, AB 130)ê

 

the provisions of subsection 1 to have the stocks or bonds or other property transferred may do so by obtaining a court order directing the transfer. The person desiring the transfer must file a petition, which may be ex parte, containing:

      (a) A specific description of all the property of the decedent.

      (b) A list of all the liens and mortgages of record at the date of the decedent’s death.

      (c) An estimate of the value of the property of the decedent.

      (d) The names, ages of any minors and residences of the decedent’s heirs and devisees.

      (e) A request for the court to issue an order directing the transfer of the stocks or bonds or other property if the court finds the gross value of the estate does not exceed [$20,000.] the applicable amount.

      (f) An attached copy of the executed affidavit made pursuant to subsection 2.

Ê If the court finds that the gross value of the estate does not exceed [$20,000] the applicable amount and the person requesting the transfer is entitled to it, the court may enter an order directing the transfer.

      7.  As used in this section, “applicable amount” means:

      (a) If the claimant is the surviving spouse of the decedent, $100,000.

      (b) For any other claimant, $25,000.

________

CHAPTER 170, AB 140

Assembly Bill No. 140–Assemblymen Wheeler, Dickman; Dooling, Ellison, Fiore, O’Neill and Seaman

 

Joint Sponsors: Senators Gustavson; and Settelmeyer

 

CHAPTER 170

 

[Approved: May 25, 2015]

 

AN ACT relating to domestic relations; revising provisions governing the division of property and the award of alimony or spousal support in cases involving veterans with a service-connected disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that in granting a divorce, a court must make an equal disposition of the community property of the parties and of any property held in joint tenancy by the parties. (NRS 125.150) Existing law also provides that, under certain circumstances, a court may award alimony or spousal support to either spouse. (NRS 125.150, 125.210) Section 2 of this bill provides that unless a valid premarital agreement provides otherwise, in making a disposition of the community and joint tenancy property, and in making an alimony award, the court must not: (1) attach, levy or seize any federal disability benefits awarded to a veteran for a disability connected to his or her military service; or (2) make an assignment of or otherwise divide any such benefits.

      Section 5 of this bill provides that unless a valid premarital agreement provides otherwise, in making an award of spousal support, the court must not consider any federal disability benefits awarded to a veteran for a disability connected to his or her service in the military.

 


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ê2015 Statutes of Nevada, Page 792 (Chapter 170, AB 140)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 125 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS, in making a disposition of the community property of the parties and any property held in joint tenancy by the parties, and in making an award of alimony, the court shall not:

      1.  Attach, levy or seize by or under any legal or equitable process either before or after receipt by a veteran, any federal disability benefits awarded to a veteran for a service-connected disability pursuant to chapter 11 of Title 38 of the United States Code.

      2.  Make an assignment or otherwise divide any federal disability benefits awarded to a veteran for a service-connected disability pursuant to chapter 11 of Title 38 of the United States Code.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4. NRS 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and sections 2 and 3 of this act and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

 


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ê2015 Statutes of Nevada, Page 793 (Chapter 170, AB 140)ê

 

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.

      4.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      5.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      6.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      7.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

      8.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

 


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ê2015 Statutes of Nevada, Page 794 (Chapter 170, AB 140)ê

 

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      9.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      10.  If the court determines that alimony should be awarded pursuant to the provisions of subsection 9:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

      11.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

      Sec. 5. NRS 125.210 is hereby amended to read as follows:

      125.210  1.  Except as otherwise provided in subsection 2, in any action brought pursuant to NRS 125.190, the court may:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse;

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse and their children;

 


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ê2015 Statutes of Nevada, Page 795 (Chapter 170, AB 140)ê

 

      (c) Provide that the payment of that money be secured upon real estate or other security, or make any other suitable provision; and

      (d) Determine the time and manner in which the payments must be made.

      2.  The court may not:

      (a) Assign and decree to either spouse the possession of any real or personal property of the other spouse; or

      (b) Order or decree the payment of a fixed sum of money for the support of the other spouse,

Ê if it is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS, in determining whether to award money for the support of a spouse or the amount of any award of money for the support of a spouse, the court shall not attach, levy or seize by or under any legal or equitable process, either before or after receipt by a veteran, any federal disability benefits awarded to a veteran for a service-connected disability pursuant to chapter 11 of Title 38 of the United States Code.

      4.  Except as otherwise provided in chapter 130 of NRS, the court may change, modify or revoke its orders and decrees from time to time.

      [4.]5.  No order or decree is effective beyond the joint lives of the husband and wife.

________

CHAPTER 171, AB 143

Assembly Bill No. 143–Assemblymen Carrillo, Elliot Anderson; Bustamante Adams, Diaz, Joiner, Neal, Ohrenschall, Stewart and Wheeler

 

CHAPTER 171

 

[Approved: May 25, 2015]

 

AN ACT relating to motor vehicles; authorizing an insurer who provides a contract of insurance for the operation of a motor vehicle to provide, upon the request of the insured and to the extent available, evidence of that insurance in an electronic format that can be displayed on a mobile electronic device; prohibiting a peace officer to whom such a device is presented for the purpose of showing evidence of insurance from intentionally viewing any other content on the device; providing that the person presenting such a device for the purpose of showing evidence of insurance assumes all liability for any damage to the device; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, an insurer who provides a contract of insurance for the operation of a motor vehicle must provide evidence of insurance to the insured on a form approved by the Commissioner of Insurance. (NRS 690B.023) Section 4 of this bill authorizes such an insurer to provide, upon the request of the insured and to the extent available, evidence of insurance in an electronic format that can be displayed on a mobile electronic device.

 


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ê2015 Statutes of Nevada, Page 796 (Chapter 171, AB 143)ê

 

on a mobile electronic device. The insured may also request that the insurer provide the insured with the evidence of insurance form. Section 4 also provides that a person who presents a mobile electronic device to another person to provide evidence of insurance assumes all liability for any resulting damage to the mobile electronic device.

      Existing law requires that a person applying for registration of a fleet of vehicles provide the Department of Motor Vehicles with evidence of insurance for those vehicles. (NRS 482.215) Section 1 of this bill newly provides that the evidence of insurance may be provided in an electronic format.

      Existing law requires a peace officer who stops a vehicle for violating certain traffic laws to demand proof of insurance. (NRS 484A.650) Section 2 of this bill newly provides that, if the evidence of insurance provided to the peace officer by the driver of the vehicle is in an electronic format displayed on a mobile electronic device, the peace officer shall not intentionally view any other content on the mobile electronic device. A violation of this prohibition would be punished as a misdemeanor under existing law. (NRS 484A.900)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  NRS 482.215 is hereby amended to read as follows:

      482.215  1.  All applications for registration, except applications for renewal of registration, must be made as provided in this section.

      2.  Except as otherwise provided in NRS 482.294, applications for all registrations, except renewals of registration, must be made in person, if practicable, to any office or agent of the Department or to a registered dealer.

      3.  Each application must be made upon the appropriate form furnished by the Department and contain:

      (a) The signature of the owner, except as otherwise provided in subsection 2 of NRS 482.294, if applicable.

      (b) The owner’s residential address.

      (c) The owner’s declaration of the county where he or she intends the vehicle to be based, unless the vehicle is deemed to have no base. The Department shall use this declaration to determine the county to which the governmental services tax is to be paid.

      (d) A brief description of the vehicle to be registered, including the name of the maker, the engine, identification or serial number, whether new or used, and the last license number, if known, and the state in which it was issued, and upon the registration of a new vehicle, the date of sale by the manufacturer or franchised and licensed dealer in this State for the make to be registered to the person first purchasing or operating the vehicle.

      (e) Except as otherwise provided in this paragraph, if the applicant is not an owner of a fleet of vehicles or a person described in subsection 5:

             (1) Proof satisfactory to the Department or registered dealer that the applicant carries insurance on the vehicle provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185; and

             (2) A declaration signed by the applicant that he or she will maintain the insurance required by NRS 485.185 during the period of registration. If the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this subparagraph.

 


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ê2015 Statutes of Nevada, Page 797 (Chapter 171, AB 143)ê

 

the application is submitted by electronic means pursuant to NRS 482.294, the applicant is not required to sign the declaration required by this subparagraph.

      (f) If the applicant is an owner of a fleet of vehicles or a person described in subsection 5, evidence of insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State as required by NRS 485.185:

             (1) In the form of a certificate of insurance on a form approved by the Commissioner of Insurance;

             (2) In the form of a card issued pursuant to NRS 690B.023 which identifies the vehicle or the registered owner of the vehicle; or

             (3) In another form satisfactory to the Department [.] , including, without limitation, an electronic format authorized by NRS 690B.023.

Ê The Department may file that evidence, return it to the applicant or otherwise dispose of it.

      (g) If required, evidence of the applicant’s compliance with controls over emission.

      (h) If the application for registration is submitted via the Internet, a statement which informs the applicant that he or she may make a nonrefundable monetary contribution of $2 for each vehicle registered for the Complete Streets Program, if any, created pursuant to NRS 244.2643, 277A.285 or 403.575, as applicable, based on the declaration made pursuant to paragraph (c). The application form must state in a clear and conspicuous manner that a contribution for a Complete Streets Program is nonrefundable and voluntary and is in addition to any fees required for registration, and must include a method by which the applicant must indicate his or her intention to opt in or opt out of making such a contribution.

      4.  The application must contain such other information as is required by the Department or registered dealer and must be accompanied by proof of ownership satisfactory to the Department.

      5.  For purposes of the evidence required by paragraph (f) of subsection 3:

      (a) Vehicles which are subject to the fee for a license and the requirements of registration of the Interstate Highway User Fee Apportionment Act, and which are based in this State, may be declared as a fleet by the registered owner thereof on his or her original application for or application for renewal of a proportional registration. The owner may file a single certificate of insurance covering that fleet.

      (b) Other fleets composed of 10 or more vehicles based in this State or vehicles insured under a blanket policy which does not identify individual vehicles may each be declared annually as a fleet by the registered owner thereof for the purposes of an application for his or her original or any renewed registration. The owner may file a single certificate of insurance covering that fleet.

      (c) A person who qualifies as a self-insurer pursuant to the provisions of NRS 485.380 may file a copy of his or her certificate of self-insurance.

      (d) A person who qualifies for an operator’s policy of liability insurance pursuant to the provisions of NRS 485.186 and 485.3091 may file or provide electronic evidence of that insurance.

 


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ê2015 Statutes of Nevada, Page 798 (Chapter 171, AB 143)ê

 

      Sec. 2. NRS 484A.650 is hereby amended to read as follows:

      484A.650  1.  Whenever the driver of a vehicle is stopped by a peace officer for violating a provision of chapters 484A to 484E, inclusive, of NRS, except for violating a provision of NRS 484B.440 to 484B.523, inclusive, the officer shall demand proof of the insurance required by NRS 485.185 or 490.0825 and issue a citation as provided in NRS 484A.630 if the officer has probable cause to believe that the driver of the vehicle is in violation of NRS 485.187 or subsection 4 of NRS 490.520. If the driver of the vehicle is not the owner, a citation must also be issued to the owner, and in such a case the driver:

      [1.](a) May sign the citation on behalf of the owner; and

      [2.](b) Shall notify the owner of the citation within 3 days after it is issued.

Ê The agency which employs the peace officer shall immediately forward a copy of the citation to the registered owner of the vehicle, by certified mail, at his or her address as it appears on the certificate of registration.

      2.  When the evidence of insurance provided by the driver of the vehicle upon the demand of the peace officer is in an electronic format displayed on a mobile electronic device, the peace officer may view only the evidence of insurance and shall not intentionally view any other content on the mobile electronic device.

      Sec. 3. NRS 485.034 is hereby amended to read as follows:

      485.034  “Evidence of insurance” means:

      1.  The [form] information provided by an insurer in a form approved pursuant to NRS 690B.023 as evidence of a contract of insurance for a motor vehicle liability policy; or

      2.  The certificate of self-insurance issued to a self-insurer by the Department pursuant to NRS 485.380.

      Sec. 4. NRS 690B.023 is hereby amended to read as follows:

      690B.023  [If]

      1.  Except as otherwise provided in subsection 2, if insurance for the operation of a motor vehicle required pursuant to NRS 485.185 is provided by a contract of insurance, the insurer shall:

      [1.](a) Provide evidence of insurance to the insured on a form approved by the Commissioner. The evidence of insurance must include:

      [(a)](1) The name and address of the policyholder;

      [(b)](2) The name and address of the insurer;

      [(c)](3) Vehicle information, consisting of:

             [(1)](I) The year, make and complete identification number of the insured vehicle or vehicles; or

             [(2)](II) The word “Fleet” and the name of the registered owner if the vehicle is covered under a fleet policy written on an any auto basis or blanket policy basis;

      [(d)](4) The term of the insurance, including the day, month and year on which the policy:

             [(1)](I) Becomes effective; and

             [(2)](II) Expires;

      [(e)](5) The number of the policy;

      [(f)](6) A statement that the coverage meets the requirements set forth in NRS 485.185; and

 


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ê2015 Statutes of Nevada, Page 799 (Chapter 171, AB 143)ê

 

      [(g)](7) The statement “This [card] evidence of insurance must be carried in the insured motor vehicle for production upon demand.” The statement must be prominently displayed.

      [2.](b) Provide new evidence of insurance if:

      [(a)](1) The information regarding the insured vehicle or vehicles required pursuant to [paragraph (c) of subsection 1] subparagraph (3) of paragraph (a) no longer is accurate;

      [(b)](2) An additional motor vehicle is added to the policy;

      [(c)](3) A new number is assigned to the policy; or

      [(d)](4) The insured notifies the insurer that the original evidence of insurance has been lost.

      2.  Upon the request of an insured and to the extent available, the insurer may provide the evidence of insurance in an electronic format that can be displayed on a mobile electronic device. The electronic format must provide for the inclusion of all information required by paragraph (a) of subsection 1. An insured who makes such a request may also request that the insurer provide the insured with the form provided for in subsection 1.

      3.  A person who presents a mobile electronic device to another person to provide evidence of insurance assumes all liability for any resulting damage to the mobile electronic device.

      Sec. 5.  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 October 1, 2015, for all other purposes.

________

CHAPTER 172, AB 192

Assembly Bill No. 192–Assemblymen Woodbury; Carrillo and Stewart

 

CHAPTER 172

 

[Approved: May 25, 2015]

 

AN ACT relating to common-interest communities; revising certain provisions concerning a period of declarant’s control of a unit-owners’ association; revising certain provisions relating to elections of the members of the executive board of a unit-owners’ association; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes provisions governing common-interest communities. (Chapter 116 of NRS) Under existing law, the declaration of a common-interest community may provide for a period of declarant’s control of the unit-owners’ association, during which a declarant may appoint and remove the officers and members of the executive board of the association. (NRS 116.31032) This bill revises the provisions governing the period of time in which a period of declarant’s control must terminate. This bill also revises certain provisions concerning the election of unit owners to the executive board during the period of declarant’s control.

 


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ê2015 Statutes of Nevada, Page 800 (Chapter 172, AB 192)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 116.31032 is hereby amended to read as follows:

      116.31032  1.  Except as otherwise provided in this section, the declaration may provide for a period of declarant’s control of the association, during which a declarant, or persons designated by a declarant, may appoint and remove the officers of the association and members of the executive board. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period and, in that event, the declarant may require, for the duration of the period of declarant’s control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. Regardless of the period provided in the declaration, a period of declarant’s control terminates no later than the earliest of:

      (a) [Sixty] For a common-interest community with less than 1,000 units, 60 days after conveyance of 75 percent of the units that may be created to units’ owners other than a declarant [or, if] ;

      (b) For a common-interest community with 1,000 units or more, 60 days after conveyance of 90 percent of the units that may be created to units’ owners other than a declarant;

      (c) If the association exercises powers over a common-interest community pursuant to this chapter and a time-share plan pursuant to chapter 119A of NRS, 120 days after conveyance of 80 percent of the units that may be created to units’ owners other than a declarant;

      [(b)](d) Five years after all declarants have ceased to offer units for sale in the ordinary course of business;

      [(c)](e) Five years after any right to add new units was last exercised; or

      [(d)](f) The day the declarant, after giving notice to units’ owners, records an instrument voluntarily surrendering all rights to control activities of the association.

      2.  [Not] For a common-interest community with:

      (a) Less than 1,000 units, not later than 60 days after conveyance of 25 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      (b) One thousand units or more, not later than 60 days after conveyance of 15 percent of the units that may be created to units’ owners other than a declarant, at least one member and not less than 25 percent of the members of the executive board must be elected by units’ owners other than the declarant.

      3.  Not later than 60 days after conveyance of 50 percent of the units that may be created to units’ owners other than a declarant, not less than one-third of the members of the executive board must be elected by units’ owners other than the declarant.

________

 


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ê2015 Statutes of Nevada, Page 801ê

 

CHAPTER 173, AB 201

Assembly Bill No. 201–Assemblymen Kirkpatrick, Thompson, Elliot Anderson, Benitez-Thompson; Araujo, Bustamante Adams, Carlton, Hansen, Kirner, Neal, Spiegel, Swank and Wheeler

 

CHAPTER 173

 

[Approved: May 25, 2015]

 

AN ACT relating to eminent domain; prohibiting a local government from entering into an agreement for the purpose of exercising the power of eminent domain to take a mortgage or deed of trust on private property or a note secured by a mortgage or deed of trust on private property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill prohibits a local government from entering into an agreement with any person for the purpose of exercising the power of eminent domain to take a mortgage or deed of trust on private property or a note secured by a mortgage or deed of trust on private 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 37.030 is hereby amended to read as follows:

      37.030  1.  The private property which may be taken under this chapter includes:

      [1.](a) All real property belonging to any person, company or corporation.

      [2.](b) Lands belonging to the State, or to any county, or incorporated city or town, not appropriated to some public use.

      [3.](c) Property appropriated to public use; but such property shall not be taken unless for a more necessary public use than that to which it has been already appropriated.

      [4.](d) Franchises for toll roads, toll bridges, ferries, and all other franchises; but such franchises shall not be taken unless for free highways, railroads or other more necessary public use.

      [5.](e) All rights-of-way for any and all purposes mentioned in NRS 37.010, and any and all structures and improvements thereon, and the lands held or used in connection therewith, shall be subject to be connected with, crossed, or intersected by any other right-of-way or improvement or structure thereon. They shall also be subject to a limited use in common with the owner thereof, when necessary; but such uses of crossings, intersections and connections shall be made in the manner most compatible with the greatest public benefit and the least private injury.

      [6.](f) All classes of private property not enumerated may be taken for public use when such taking is authorized by law.

      2.  Notwithstanding any other provision of law, a local government shall not enter into an agreement with any person for the purpose of exercising the power of eminent domain to take a mortgage, deed of trust, or mortgage lien on private property or any note secured by a mortgage, deed of trust or mortgage lien on private property.

 


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ê2015 Statutes of Nevada, Page 802 (Chapter 173, AB 201)ê

 

      Sec. 2. NRS 37.090 is hereby amended to read as follows:

      37.090  The court or judge thereof shall have power:

      1.  To determine the places of making connections, crossings, cattle guards and culverts, and to regulate the manner thereof, and of enjoying the common use mentioned in paragraph (e) of subsection [5] 1 of NRS 37.030.

      2.  To hear and determine all adverse or conflicting claims to the property sought to be condemned, and to the damages therefor.

      3.  To determine the respective rights of different parties asking condemnation of the same property.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 174, AB 223

Assembly Bill No. 223–Assemblymen O’Neill; Armstrong, Dickman, Kirner, Silberkraus and Wheeler

 

CHAPTER 174

 

[Approved: May 25, 2015]

 

AN ACT relating to crimes; defining the term “abandonment” as it relates to the care of older persons and vulnerable persons; revising the definitions of the terms “abuse,” “exploitation” and “isolation” as they relate to offenses committed upon older persons and vulnerable persons; revising provisions concerning the reporting of abuse, neglect, exploitation, isolation or abandonment of an older person; requiring that the name and other identifying information of a person who reports the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person be redacted before certain data or information concerning the report is made available in certain circumstances; prohibiting the abandonment of an older person or a vulnerable person; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth provisions concerning the abuse, neglect, exploitation or isolation of older persons and vulnerable persons. (NRS 200.5091-200.50995) This bill generally adds the abandonment of older persons and vulnerable persons to such provisions.

      Section 3 of this bill defines the term “abandonment” to mean the: (1) desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or (2) withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person. Section 3 also provides that the term “abuse” includes: (1) infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act; (2) nonconsensual sexual contact with an older person or a vulnerable person; and (3) permitting acts which constitute abuse to be committed against an older person or a vulnerable person. Additionally, section 3 provides that the term “isolation” includes permitting acts which constitute isolation to be committed against an older person or a vulnerable person. Finally, section 3 revises the definition of the term “undue influence” for purposes of the definition of the term “exploitation,” and revises the definition of the term “protective services” to include services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

 


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      Existing law requires certain professionals who know or have reasonable cause to believe that an older person has been abused, neglected, exploited or isolated to report, in certain circumstances, such abuse, neglect, exploitation or isolation to: (1) the local office of the Aging and Disability Services Division of the Department of Health and Human Services; (2) a police department or sheriff’s office; (3) the county’s office for protective services, if one exists in the county where such suspected abuse, neglect, exploitation or isolation occurred; or (4) a toll-free telephone service designated by the Aging and Disability Services Division. (NRS 200.5093) Section 4 of this bill removes the option to report suspected acts to the county’s office for protective services.

      Existing law also requires that reports made concerning the abuse, neglect, exploitation or isolation of an older person or a vulnerable person, and records and investigations relating to those reports, are confidential, and a person, law enforcement agency or public or private agency, institution or facility can release data or information concerning the reports and investigation only in certain limited circumstances. Such circumstances include data or information concerning the reports and investigation being made available to: (1) an agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person; (2) the older person or vulnerable person named in the report, if that person is not legally incompetent; and (3) if the person who is reported to have abused, neglected, exploited or isolated the older person or vulnerable person is the holder of a certain license or certificate, the board that issued the license. (NRS 200.5095) Section 7 of this bill provides that if data or information concerning the reports and investigation is made available in such circumstances, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

      Sections 2, 5, 6, 8-13, 16-24 and 26-41 of this bill generally add a reference to the term “abandonment” to certain provisions of existing law that reference the abuse, neglect, exploitation or isolation of an older person or a vulnerable person.

 

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 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

      (g) Sexual assault;

      (h) Embezzlement of, or attempting or conspiring to embezzle, money or property of a value of $650 or more;

      (i) Obtaining, or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Ê against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

 


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felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime or criminal violation;

      (b) The criminal history of the person;

      (c) The impact of the crime or criminal violation on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Ê The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      4.  The sentence prescribed by this section must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

      5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      6.  As used in this section, “vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 2. NRS 200.5091 is hereby amended to read as follows:

      200.5091  It is the policy of this State to provide for the cooperation of law enforcement officials, courts of competent jurisdiction and all appropriate state agencies providing human services in identifying the abuse, neglect, exploitation , [and] isolation and abandonment of older persons and vulnerable persons through the complete reporting of abuse, neglect, exploitation , [and] isolation and abandonment of older persons and vulnerable persons.

      Sec. 3. NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.50995, inclusive, unless the context otherwise requires:

      1.  “Abandonment” means:

      (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

      (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

      2.  “Abuse” means willful : [and unjustified:]

      (a) Infliction of pain [,] or injury [or mental anguish] on an older person or a vulnerable person; [or]

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person [.

 


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      2.] ;

      (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

             (1) Threatening, controlling or socially isolating the older person or vulnerable person;

             (2) Disregarding the needs of the older person or vulnerable person; or

             (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

      (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

             (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

             (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

      (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

      3.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

      (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

      (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

Ê As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

      [3.]4.  “Isolation” means [willfully, maliciously and intentionally] preventing an older person or a vulnerable person from having contact with another person by:

      (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor; [or]

      (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person [.] ; or

 


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      (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

Ê The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

      [4.]5.  “Neglect” means the failure of [:

      (a) A] a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person . [; or

      (b) An older person or a vulnerable person to provide for his or her own needs because of inability to do so.

      5.]6.  “Older person” means a person who is 60 years of age or older.

      [6.]7.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation , [and] isolation and abandonment of older persons. The services may include :

      (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance [.] ; and

      (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

      [7.]8.  “Vulnerable person” means a person 18 years of age or older who:

      (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

      (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

      Sec. 4. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person has been abused, neglected, exploited , [or] isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation , [or] isolation or abandonment of the older person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) [The county’s office for protective services, if one exists in the county where the suspected action occurred; or

             (4)] A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited , [or] isolated [.] or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation , [or] isolation or abandonment of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

 


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the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person who appears to have been abused, neglected, exploited , [or] isolated [.] or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation , [or] isolation or abandonment of an older person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation , [or] isolation or abandonment of an older person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect , [or] isolation [,] or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings.

 


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the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person is abused, neglected, exploited , [or] isolated [,] or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person if the older person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 5. NRS 200.50935 is hereby amended to read as follows:

      200.50935  1.  Any person who is described in subsection 3 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that a vulnerable person has been abused, neglected, exploited , [or] isolated or abandoned shall:

      (a) Report the abuse, neglect, exploitation , [or] isolation or abandonment of the vulnerable person to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the vulnerable person has been abused, neglected, exploited , [or] isolated [.] or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation , [or] isolation or abandonment of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

      3.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats a vulnerable person who appears to have been abused, neglected, exploited , [or] isolated [.]

 


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attends or treats a vulnerable person who appears to have been abused, neglected, exploited , [or] isolated [.] or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation , [or] isolation or abandonment of a vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide nursing in the home.

      (e) Any employee of the Department of Health and Human Services.

      (f) Any employee of a law enforcement agency or an adult or juvenile probation officer.

      (g) Any person who maintains or is employed by a facility or establishment that provides care for vulnerable persons.

      (h) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation , [or] isolation or abandonment of a vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (i) Every social worker.

      (j) Any person who owns or is employed by a funeral home or mortuary.

      4.  A report may be made by any other person.

      5.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect , [or] isolation [,] or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      6.  A law enforcement agency which receives a report pursuant to this section shall immediately initiate an investigation of the report.

      7.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 6. NRS 200.5094 is hereby amended to read as follows:

      200.5094  1.  A person may make a report pursuant to NRS 200.5093 or 200.50935 by telephone or, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, by any other means of oral, written or electronic communication that a reasonable person would believe, under those facts and circumstances, is a reliable and swift means of communicating information to the person who receives the report. If the report is made orally, the person who receives the report must reduce it to writing as soon as reasonably practicable.

      2.  The report must contain the following information, when possible:

      (a) The name and address of the older person or vulnerable person;

      (b) The name and address of the person responsible for his or her care, if there is one;

 


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      (c) The name and address, if available, of the person who is alleged to have abused, neglected, exploited , [or] isolated or abandoned the older person or vulnerable person;

      (d) The nature and extent of the abuse, neglect, exploitation , [or] isolation or abandonment of the older person or vulnerable person;

      (e) Any evidence of previous injuries; and

      (f) The basis of the reporter’s belief that the older person or vulnerable person has been abused, neglected, exploited , [or] isolated [.] or abandoned.

      Sec. 7. NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093, 200.50935 and 200.5094, and records and investigations relating to those reports, are confidential.

      2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, except:

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

      (c) To persons or agencies enumerated in subsection 3,

Ê is guilty of a misdemeanor.

      3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation , [or] isolation or abandonment of an older person or a vulnerable person is available only to:

      (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited , [or] isolated [;] or abandoned;

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation , [or] isolation or abandonment of the older person or vulnerable person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

      (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (g) Any comparable authorized person or agency in another jurisdiction;

      (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation , [or] isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation , [or] isolation [;] or abandonment;

      (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation , [or] isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation , [or] isolation [;] or abandonment; or

 


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public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation , [or] isolation [;] or abandonment; or

      (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited , [or] isolated [,] or abandoned, if that person is not legally incompetent.

      4.  If the person who is reported to have abused, neglected, exploited , [or] isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.

      5.  If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

      Sec. 8. NRS 200.50955 is hereby amended to read as follows:

      200.50955  A law enforcement agency shall promptly seek to obtain a warrant for the arrest of any person the agency has probable cause to believe is criminally responsible for the abuse, neglect, exploitation , [or] isolation or abandonment of an older person or a vulnerable person.

      Sec. 9. NRS 200.5096 is hereby amended to read as follows:

      200.5096  Immunity from civil or criminal liability extends to every person who, pursuant to NRS 200.5091 to 200.50995, inclusive, in good faith:

      1.  Participates in the making of a report;

      2.  Causes or conducts an investigation of alleged abuse, neglect, exploitation , [or] isolation or abandonment of an older person or a vulnerable person; or

      3.  Submits information contained in a report to a licensing board pursuant to subsection 4 of NRS 200.5095.

      Sec. 10. NRS 200.5098 is hereby amended to read as follows:

      200.5098  1.  The Aging and Disability Services Division of the Department of Health and Human Services shall:

      (a) Identify and record demographic information on the older person who is alleged to have been abused, neglected, exploited , [or] isolated or abandoned and the person who is alleged to be responsible for such abuse, neglect, exploitation , [or] isolation [.] or abandonment.

      (b) Obtain information from programs for preventing abuse of older persons, analyze and compare the programs, and make recommendations to assist the organizers of the programs in achieving the most efficient and effective service possible.

      (c) Publicize the provisions of NRS 200.5091 to 200.50995, inclusive.

      2.  The Administrator of the Aging and Disability Services Division of the Department may organize one or more teams to assist in strategic assessment and planning of protective services, issues regarding the delivery of service, programs or individual plans for preventing, identifying, remedying or treating abuse, neglect, exploitation , [or] isolation or abandonment of older persons. Members of the team serve at the invitation of the Administrator and must be experienced in preventing, identifying, remedying or treating abuse, neglect, exploitation , [or] isolation or abandonment of older persons.

 


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abandonment of older persons. The team may include representatives of other organizations concerned with education, law enforcement or physical or mental health.

      3.  The team may receive otherwise confidential information and records pertaining to older persons to assist in assessing and planning. The confidentiality of any information or records received must be maintained under the terms or conditions required by law. The content of any discussion regarding information or records received by the team pursuant to this subsection is not subject to discovery and a member of the team shall not testify regarding any discussion which occurred during the meeting. Any information disclosed in violation of this subsection is inadmissible in all judicial proceedings.

      Sec. 11. NRS 200.50982 is hereby amended to read as follows:

      200.50982  1.  The provisions of NRS 200.5091 to 200.50995, inclusive, do not prohibit an agency which is investigating a report of abuse, neglect, exploitation , [or] isolation [,] or abandonment, or which provides protective services, from disclosing data or information concerning the reports and investigations of the abuse, neglect, exploitation , [or] isolation or abandonment of an older person or a vulnerable person to other federal, state or local agencies or the legal representatives of the older person or vulnerable person on whose behalf the investigation is being conducted if:

      (a) The agency making the disclosure determines that the disclosure is in the best interest of the older person or vulnerable person; and

      (b) Proper safeguards are taken to ensure the confidentiality of the information.

      2.  If the Aging and Disability Services Division of the Department of Health and Human Services is investigating a report of abuse, neglect, exploitation , [or] isolation or abandonment of an older person, a law enforcement agency shall, upon request of the Aging and Disability Services Division, provide information relating to any suspect in the investigation as soon as possible. The information must include, when possible:

      (a) The records of criminal history of the suspect;

      (b) Whether or not the suspect resides with or near the older person; and

      (c) A summary of any events, incidents or arrests which have occurred at the residence of the suspect or the older person within the past 90 days and which involve physical violence or concerns related to public safety or the health or safety of the older person.

      Sec. 12. NRS 200.50984 is hereby amended to read as follows:

      200.50984  1.  Notwithstanding any other statute to the contrary, the local office of the Aging and Disability Services Division of the Department of Health and Human Services and a county’s office for protective services, if one exists in the county where a violation is alleged to have occurred, may for the purpose of investigating an alleged violation of NRS 200.5091 to 200.50995, inclusive, inspect all records pertaining to the older person on whose behalf the investigation is being conducted, including, but not limited to, that person’s medical and financial records.

      2.  Except as otherwise provided in this subsection, if a guardian has not been appointed for the older person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the older person before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services determines that the older person is unable to consent to the inspection, the inspection may be conducted without his or her consent.

 


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inspection may be conducted without his or her consent. Except as otherwise provided in this subsection, if a guardian has been appointed for the older person, the Aging and Disability Services Division or the county’s office for protective services shall obtain the consent of the guardian before inspecting those records. If the Aging and Disability Services Division or the county’s office for protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting , [or] isolating or abandoning the older person, the inspection may be conducted without the consent of the guardian, except that if the records to be inspected are in the personal possession of the guardian, the inspection must be approved by a court of competent jurisdiction.

      Sec. 13. NRS 200.50986 is hereby amended to read as follows:

      200.50986  The local office of the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may petition a court in accordance with NRS 159.185, 159.1853 or 159.1905 for the removal of the guardian of an older person, or the termination or modification of that guardianship, if, based on its investigation, the Aging and Disability Services Division or the county’s office of protective services has reasonable cause to believe that the guardian is abusing, neglecting, exploiting , [or] isolating or abandoning the older person in violation of NRS 200.5091 to 200.50995, inclusive.

      Sec. 14. (Deleted by amendment.)

      Sec. 15. NRS 207.014 is hereby amended to read as follows:

      207.014  1.  A person who:

      (a) Has been convicted in this State of any felony committed on or after July 1, 1995, of which fraud or intent to defraud is an element; and

      (b) Has previously been two times convicted, whether in this State or elsewhere, of any felony of which fraud or intent to defraud is an element before the commission of the felony under paragraph (a),

Ê is a habitually fraudulent felon and shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, if the victim of each offense was an older person, a person with a mental disability or a vulnerable person.

      2.  The prosecuting attorney shall include a count under this section in any information or shall file a notice of habitually fraudulent felon if an indictment is found, if the prior convictions and the alleged offense committed by the accused are felonies of which fraud or intent to defraud is an element and the victim of each offense was:

      (a) An older person;

      (b) A person with a mental disability; or

      (c) A vulnerable person.

      3.  The trial judge may not dismiss a count under this section that is included in an indictment or information.

      4.  As used in this section:

      (a) “Older person” means a person who is:

             (1) Sixty-five years of age or older if the crime was committed before October 1, 2003.

             (2) Sixty years of age or older if the crime was committed on or after October 1, 2003.

 


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      (b) “Person with a mental disability” means a person who has a mental impairment which is medically documented and substantially limits one or more of the person’s major life activities. The term includes, but is not limited to, a person who:

             (1) Suffers from an intellectual disability;

             (2) Suffers from a severe mental or emotional illness;

             (3) Has a severe learning disability; or

             (4) Is experiencing a serious emotional crisis in his or her life as a result of the fact that the person or a member of his or her immediate family has a catastrophic illness.

      (c) “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 16. NRS 62B.270 is hereby amended to read as follows:

      62B.270  1.  A public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the institution or agency to determine whether the employee has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

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

      (g) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      2.  An employee of the public or private institution or agency must submit to the public institution or agency or the licensing authority, as applicable, two complete sets of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

      4.  The public institution or agency or the licensing authority, as applicable, may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the public institution or agency or the licensing authority, as applicable, for a determination of whether the employee has been convicted of a crime listed in subsection 1.

 


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licensing authority, as applicable, for a determination of whether the employee has been convicted of a crime listed in subsection 1.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted.

      7.  The public institution or agency or the licensing authority, as applicable, shall conduct an investigation of each employee of the institution or agency pursuant to this section at least once every 5 years after the initial investigation.

      Sec. 17. NRS 62G.223 is hereby amended to read as follows:

      62G.223  1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

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

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

 


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             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 18. NRS 62G.353 is hereby amended to read as follows:

      62G.353  1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

 


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             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

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

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

 


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      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 19. NRS 159.044 is hereby amended to read as follows:

      159.044  1.  Except as otherwise provided in NRS 127.045, a proposed ward, a governmental agency, a nonprofit corporation or any interested person may petition the court for the appointment of a guardian.

      2.  To the extent the petitioner knows or reasonably may ascertain or obtain, the petition must include, without limitation:

      (a) The name and address of the petitioner.

      (b) The name, date of birth and current address of the proposed ward.

      (c) A copy of one of the following forms of identification of the proposed ward which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

Ê If the information required pursuant to this paragraph is not included with the petition, the information must be provided to the court not later than 120 days after the appointment of a guardian or as otherwise ordered by the court.

      (d) If the proposed ward is a minor, the date on which the proposed ward will attain the age of majority and:

             (1) Whether there is a current order concerning custody and, if so, the state in which the order was issued; and

             (2) Whether the petitioner anticipates that the proposed ward will need guardianship after attaining the age of majority.

 


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      (e) Whether the proposed ward is a resident or nonresident of this State.

      (f) The names and addresses of the spouse of the proposed ward and the relatives of the proposed ward who are within the second degree of consanguinity.

      (g) The name, date of birth and current address of the proposed guardian. If the proposed guardian is a private professional guardian, the petition must include proof that the guardian meets the requirements of NRS 159.0595. If the proposed guardian is not a private professional guardian, the petition must include a statement that the guardian currently is not receiving compensation for services as a guardian to more than one ward who is not related to the person by blood or marriage.

      (h) A copy of one of the following forms of identification of the proposed guardian which must be placed in the records relating to the guardianship proceeding and, except as otherwise provided in NRS 239.0115 or as otherwise required to carry out a specific statute, maintained in a confidential manner:

             (1) A social security number;

             (2) A taxpayer identification number;

             (3) A valid driver’s license number;

             (4) A valid identification card number; or

             (5) A valid passport number.

      (i) Whether the proposed guardian has ever been convicted of a felony and, if so, information concerning the crime for which the proposed guardian was convicted and whether the proposed guardian was placed on probation or parole.

      (j) A summary of the reasons why a guardian is needed and recent documentation demonstrating the need for a guardianship. If the proposed ward is an adult, the documentation must include, without limitation:

             (1) A certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a certificate signed by any other person whom the court finds qualified to execute a certificate, stating:

                   (I) The need for a guardian;

                   (II) Whether the proposed ward presents a danger to himself or herself or others;

                   (III) Whether the proposed ward’s attendance at a hearing would be detrimental to the proposed ward;

                   (IV) Whether the proposed ward would comprehend the reason for a hearing or contribute to the proceeding; and

                   (V) Whether the proposed ward is capable of living independently with or without assistance; and

             (2) If the proposed ward is determined to have the limited capacity to consent to the appointment of a special guardian, a written consent to the appointment of a special guardian from the ward.

      (k) Whether the appointment of a general or a special guardian is sought.

      (l) A general description and the probable value of the property of the proposed ward and any income to which the proposed ward is or will be entitled, if the petition is for the appointment of a guardian of the estate or a special guardian. If any money is paid or is payable to the proposed ward by the United States through the Department of Veterans Affairs, the petition must so state.

 


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      (m) The name and address of any person or care provider having the care, custody or control of the proposed ward.

      (n) If the petitioner is not the spouse or natural child of the proposed ward, a declaration explaining the relationship of the petitioner to the proposed ward or to the proposed ward’s family or friends, if any, and the interest, if any, of the petitioner in the appointment.

      (o) Requests for any of the specific powers set forth in NRS 159.117 to 159.175, inclusive, necessary to enable the guardian to carry out the duties of the guardianship.

      (p) If the guardianship is sought as the result of an investigation of a report of abuse, neglect , [or] exploitation , isolation or abandonment of the proposed ward, whether the referral was from a law enforcement agency or a state or county agency.

      (q) Whether the proposed ward or the proposed guardian is a party to any pending criminal or civil litigation.

      (r) Whether the guardianship is sought for the purpose of initiating litigation.

      (s) Whether the proposed ward has executed a durable power of attorney for health care, a durable power of attorney for financial matters or a written nomination of guardian and, if so, who the named agents are for each document.

      (t) Whether the proposed guardian has filed for or received protection under the federal bankruptcy laws within the immediately preceding 7 years.

      3.  Before the court makes a finding pursuant to NRS 159.054, a petitioner seeking a guardian for a proposed adult ward must provide the court with an assessment of the needs of the proposed adult ward completed by a licensed physician which identifies the limitations of capacity of the proposed adult ward and how such limitations affect the ability of the proposed adult ward to maintain his or her safety and basic needs. The court may prescribe the form in which the assessment of the needs of the proposed adult ward must be filed.

      Sec. 20. NRS 159.0523 is hereby amended to read as follows:

      159.0523  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is an adult and who is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows the proposed ward faces a substantial and immediate risk of physical harm or needs immediate medical attention and lacks capacity to respond to the risk of harm or obtain the necessary medical attention. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention;

             (2) Whether the proposed ward presents a danger to himself or herself or others; and

             (3) Whether the proposed ward is or has been subjected to abuse, neglect , [or] exploitation [;] , isolation or abandonment; and

 


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      (b) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of physical harm if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (b) of subsection 1.

      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (b) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of physical harm or to a need for immediate medical attention; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of physical harm or to a need for immediate medical attention.

 


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      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 21. NRS 159.0525 is hereby amended to read as follows:

      159.0525  1.  A petitioner may request the court to appoint a temporary guardian for a ward who is unable to respond to a substantial and immediate risk of financial loss. To support the request, the petitioner must set forth in a petition and present to the court under oath:

      (a) Documentation which shows that the proposed ward faces a substantial and immediate risk of financial loss and lacks capacity to respond to the risk of loss. Such documentation must include, without limitation, a certificate signed by a physician who is licensed to practice medicine in this State or who is employed by the Department of Veterans Affairs, a letter signed by any governmental agency in this State which conducts investigations or a police report indicating:

             (1) That the proposed ward is unable to respond to a substantial and immediate risk of financial loss;

             (2) Whether the proposed ward can live independently with or without assistance or services; and

             (3) Whether the proposed ward is or has been subjected to abuse, neglect , [or] exploitation [;] , isolation or abandonment;

      (b) A detailed explanation of what risks the proposed ward faces, including, without limitation, termination of utilities or other services because of nonpayment, initiation of eviction or foreclosure proceedings, exploitation or loss of assets as the result of fraud, coercion or undue influence; and

      (c) Facts which show that:

             (1) The petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 by telephone or in writing before the filing of the petition;

             (2) The proposed ward would be exposed to an immediate risk of financial loss if the petitioner were to provide notice to the persons entitled to notice pursuant to NRS 159.047 before the court determines whether to appoint a temporary guardian; or

             (3) Giving notice to the persons entitled to notice pursuant to NRS 159.047 is not feasible under the circumstances.

      2.  The court may appoint a temporary guardian to serve for 10 days if the court:

      (a) Finds reasonable cause to believe that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and

      (b) Is satisfied that the petitioner has tried in good faith to notify the persons entitled to notice pursuant to NRS 159.047 or that giving notice to those persons is not feasible under the circumstances, or determines that such notice is not required pursuant to subparagraph (2) of paragraph (c) of subsection 1.

 


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      3.  Except as otherwise provided in subsection 4, after the appointment of a temporary guardian, the petitioner shall attempt in good faith to notify the persons entitled to notice pursuant to NRS 159.047, including, without limitation, notice of any hearing to extend the temporary guardianship. If the petitioner fails to make such an effort, the court may terminate the temporary guardianship.

      4.  If, before the appointment of a temporary guardian, the court determined that advance notice was not required pursuant to subparagraph (2) of paragraph (c) of subsection 1, the petitioner shall notify the persons entitled to notice pursuant to NRS 159.047 without undue delay, but not later than 48 hours after the appointment of the temporary guardian or not later than 48 hours after the petitioner discovers the existence, identity and location of the persons entitled to notice pursuant to that section. If the petitioner fails to provide such notice, the court may terminate the temporary guardianship.

      5.  Not later than 10 days after the date of the appointment of a temporary guardian pursuant to subsection 2, the court shall hold a hearing to determine the need to extend the temporary guardianship. Except as otherwise provided in subsection 7, the court may extend the temporary guardianship until a general or special guardian is appointed pursuant to subsection 8 if:

      (a) The court finds by clear and convincing evidence that the proposed ward is unable to respond to a substantial and immediate risk of financial loss; and

      (b) The extension of the temporary guardianship is necessary and in the best interests of the proposed ward.

      6.  If the court appoints a temporary guardian or extends the temporary guardianship pursuant to this section, the court shall limit the powers of the temporary guardian to those necessary to respond to the substantial and immediate risk of financial loss, specifically limiting the temporary guardian’s authority to take possession of, close or have access to any accounts of the ward or to sell or dispose of tangible personal property of the ward to only that authority as needed to provide for the ward’s basic living expenses until a general or special guardian can be appointed. The court may freeze any or all of the ward’s accounts to protect such accounts from loss.

      7.  The court may not extend a temporary guardianship pursuant to subsection 5 beyond the initial period of 10 days unless the petitioner demonstrates that:

      (a) The provisions of NRS 159.0475 have been satisfied; or

      (b) Notice by publication pursuant to N.R.C.P. 4(e) is currently being undertaken.

      8.  The court may extend the temporary guardianship, for good cause shown, for not more than two successive 60-day periods, except that the court shall not cause the temporary guardianship to continue longer than 5 months unless extraordinary circumstances are shown.

      Sec. 22. NRS 159.059 is hereby amended to read as follows:

      159.059  Except as otherwise provided in NRS 159.0595, any qualified person or entity that the court finds suitable may serve as a guardian. A person is not qualified to serve as a guardian who:

      1.  Is an incompetent.

      2.  Is a minor.

 


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      3.  Has been convicted of a felony, unless the court determines that such conviction should not disqualify the person from serving as the guardian of the ward.

      4.  Has been suspended for misconduct or disbarred from:

      (a) The practice of law;

      (b) The practice of accounting; or

      (c) Any other profession which:

             (1) Involves or may involve the management or sale of money, investments, securities or real property; and

             (2) Requires licensure in this State or any other state,

Ê during the period of the suspension or disbarment.

      5.  Is a nonresident of this State and:

      (a) Has not associated as a coguardian, a resident of this State or a banking corporation whose principal place of business is in this State; and

      (b) Is not a petitioner in the guardianship proceeding.

      6.  Has been judicially determined, by clear and convincing evidence, to have committed abuse, neglect , [or] exploitation, isolation or abandonment of a child, spouse, parent or other adult, unless the court finds that it is in the best interests of the ward to appoint the person as the guardian of the ward.

      Sec. 23. NRS 159.1999 is hereby amended to read as follows:

      159.1999  1.  A court of this State having jurisdiction to appoint a guardian may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

      2.  If a court of this State declines to exercise its jurisdiction under subsection 1, it shall either dismiss or stay the proceedings. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian be filed promptly in another state.

      3.  In determining whether it is an appropriate forum, the court shall consider all relevant factors, including, without limitation:

      (a) Any expressed preference of the ward;

      (b) Whether abuse, neglect , [or] exploitation , isolation or abandonment of the ward has occurred or is likely to occur and which state could best protect the ward from the abuse, neglect , [or] exploitation [;] , isolation or abandonment;

      (c) The length of time the ward was physically present in or was a legal resident of this State or another state;

      (d) The distance of the ward from the court in each state;

      (e) The financial circumstances of the ward’s estate;

      (f) The nature and location of the evidence;

      (g) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

      (h) The familiarity of the court of each state with the facts and issues in the proceeding; and

      (i) If an appointment were made, the court’s ability to monitor the conduct of the guardian.

      Sec. 24. NRS 162A.370 is hereby amended to read as follows:

      162A.370  1.  Except as otherwise provided in subsection 2:

      (a) A person shall either accept an acknowledged power of attorney, or request a certification, a translation or an opinion of counsel pursuant to NRS 162A.360, not later than 10 business days after presentation of the power of attorney for acceptance;

 


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      (b) If a person requests a certification, a translation or an opinion of counsel pursuant to NRS 162A.360, the person shall accept the power of attorney not later than 5 business days after receipt of the certification, translation or opinion of counsel; and

      (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.

      2.  A person is not required to accept an acknowledged power of attorney if:

      (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;

      (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;

      (c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;

      (d) A request for a certification, a translation or an opinion of counsel pursuant to NRS 162A.360 is refused;

      (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation or an opinion of counsel has been requested or provided pursuant to NRS 162A.360; or

      (f) The person makes, or has actual knowledge that another person has made, a report pursuant to NRS 200.5093 stating a good faith belief that the principal may be subject to abuse, neglect, exploitation , [or] isolation or abandonment by the agent or a person acting for or with the agent.

      3.  A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:

      (a) A court order mandating acceptance of the power of attorney; and

      (b) Liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.

      Sec. 25. NRS 174.175 is hereby amended to read as follows:

      174.175  1.  If it appears that a prospective witness is an older person or a vulnerable person or may be unable to attend or prevented from attending a trial or hearing, that the witness’s testimony is material and that it is necessary to take the witness’s deposition in order to prevent a failure of justice, the court at any time after the filing of an indictment, information or complaint may, upon motion of a defendant or of the State and notice to the parties, order that the witness’s testimony be taken by deposition and that any designated books, papers, documents or tangible objects, not privileged, be produced at the same time and place. If the motion is for the deposition of an older person or a vulnerable person, the court may enter an order to take the deposition only upon good cause shown to the court. If the deposition is taken upon motion of the State, the court shall order that it be taken under such conditions as will afford to each defendant the opportunity to confront the witnesses against him or her.

      2.  If a witness is committed for failure to give bail to appear to testify at a trial or hearing, the court, on written motion of the witness and upon notice to the parties, may direct that the witness’s deposition be taken. After the deposition has been subscribed, the court may discharge the witness.

      3.  This section does not apply to the prosecutor, or to an accomplice in the commission of the offense charged.

      4.  As used in this section:

 


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      (a) “Older person” means a person who is 70 years of age or older.

      (b) “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 26. NRS 179A.450 is hereby amended to read as follows:

      179A.450  1.  The Repository for Information Concerning Crimes Against Older Persons is hereby created within the Central Repository.

      2.  The Repository for Information Concerning Crimes Against Older Persons must contain a complete and systematic record of all reports of the abuse, neglect, exploitation , [or] isolation or abandonment of older persons in this State. The record must be prepared in a manner approved by the Director of the Department and must include, without limitation, the following information:

      (a) All incidents that are reported to any entity.

      (b) All cases that are currently under investigation and the type of such cases.

      (c) All cases that are referred for prosecution and the type of such cases.

      (d) All cases in which prosecution is declined or dismissed and any reason for such action.

      (e) All cases that are prosecuted and the final disposition of such cases.

      (f) All cases that are resolved by agencies which provide protective services and the type of such cases.

      3.  The Director of the Department shall compile and analyze the data collected pursuant to this section to assess the incidence of the abuse, neglect, exploitation , [or] isolation or abandonment of older persons.

      4.  On or before July 1 of each year, the Director of the Department shall prepare and submit a report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature that sets forth statistical data on the abuse, neglect, exploitation , [or] isolation or abandonment of older persons.

      5.  The data acquired pursuant to this section is confidential and must be used only for the purpose of research. The data and findings generated pursuant to this section must not contain information that may reveal the identity of an individual victim or a person accused of the abuse, neglect, exploitation , [or] isolation or abandonment of older persons.

      6.  As used in this section:

      (a) “Abandonment” has the meaning ascribed to it in NRS 200.5092.

      (b) “Abuse” has the meaning ascribed to it in NRS 200.5092.

      [(b)](c) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

      [(c)](d) “Isolation” has the meaning ascribed to it in NRS 200.5092.

      [(d)](e) “Neglect” has the meaning ascribed to it in NRS 200.5092.

      [(e)](f) “Older person” means a person who is 60 years of age or older.

      Sec. 27. NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

 


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      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of an accident involving the driver and the pedestrian in violation of NRS 484E.010;

      6.  An older person who is abused, neglected, exploited , [or] isolated or abandoned in violation of NRS 200.5099 or 200.50995;

      7.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); or

      8.  A person who is trafficked in violation of subsection 2 of NRS 201.300.

Ê The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.

      Sec. 28. NRS 218E.760 is hereby amended to read as follows:

      218E.760  1.  The Committee may review, study and comment upon issues relating to senior citizens, veterans and adults with special needs, including, without limitation:

      (a) Initiatives to ensure the financial and physical wellness of senior citizens, veterans and adults with special needs;

      (b) The abuse, neglect, [isolation and] exploitation , isolation and abandonment of senior citizens and adults with special needs;

      (c) Public outreach and advocacy;

      (d) Programs for the provision of services to senior citizens, veterans and adults with special needs in this State and methods to enhance such programs to ensure that services are provided in the most appropriate setting;

      (e) Programs that provide services and care in the home which allow senior citizens to remain at home and live independently instead of in institutional care;

      (f) The availability of useful information and data as needed for the State of Nevada to effectively make decisions, plan budgets and monitor costs and outcomes of services provided to senior citizens, veterans and adults with special needs;

      (g) Laws relating to the appointment of a guardian and the improvement of laws for the protection of senior citizens and adults with special needs who have been appointed a guardian, including, without limitation, the improvement of investigations relating to guardianships and systems for monitoring guardianships; and

      (h) The improvement of facilities for long-term care in this State, including, without limitation:

             (1) Reducing the number of persons placed in facilities for long-term care located outside this State;

             (2) Creating units for acute care and long-term care to treat persons suffering from dementia who exhibit behavioral problems;

             (3) Developing alternatives to placement in facilities for long-term care, including, without limitation, units for long-term care located in other types of facilities, and ensuring that such alternatives are available throughout this State for the treatment of persons with psychological needs; and

             (4) Creating a program to provide follow-up care and to track the ongoing progress of residents of facilities for long-term care.

      2.  The Committee may:

      (a) Review, study and comment upon matters relating to senior citizens, veterans and adults with special needs;

 


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      (b) Conduct investigations and hold hearings in connection with its duties pursuant to this section and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive;

      (c) Request that the Legislative Counsel Bureau assist in the research, investigations, hearings and studies of the Committee; and

      (d) Make recommendations to the Legislature concerning senior citizens, veterans and adults with special needs.

      3.  The Committee shall, on or before January 15 of each odd-numbered year, submit to the Director for transmittal to the next regular session a report concerning the study conducted pursuant to subsection 1.

      4.  As used in this section, “facility for long-term care” has the meaning ascribed to it in NRS 427A.028.

      Sec. 29. NRS 228.270 is hereby amended to read as follows:

      228.270  1.  The Unit may investigate and prosecute any alleged abuse, neglect, exploitation , [or] isolation or abandonment of an older person in violation of NRS 200.5099 or 200.50995 and any failure to report such a violation pursuant to NRS 200.5093:

      (a) At the request of the district attorney of the county in which the violation occurred;

      (b) If the district attorney of the county in which the violation occurred fails, neglects or refuses to prosecute the violation; or

      (c) Jointly with the district attorney of the county in which the violation occurred.

      2.  The Unit may organize or sponsor one or more multidisciplinary teams to review any allegations of abuse, neglect, exploitation , [or] isolation or abandonment of an older person or the death of an older person that is alleged to be from abuse, neglect , [or] isolation [.] or abandonment. A multidisciplinary team may include, without limitation, the following members:

      (a) A representative of the Unit;

      (b) Any law enforcement agency that is involved with the case under review;

      (c) The district attorney’s office in the county where the case is under review;

      (d) The Aging and Disability Services Division of the Department of Health and Human Services or the county’s office of protective services, if one exists in the county where the case is under review;

      (e) A representative of the coroner’s office; and

      (f) Any other medical professional or financial professional that the Attorney General deems appropriate for the review.

      3.  Each organization represented on a multidisciplinary team may share with other members of the team information in its possession concerning the older person who is the subject of the review or any person who was in contact with the older person and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      4.  The organizing or sponsoring of a multidisciplinary team pursuant to subsection 2 does not grant the Unit supervisory authority over, or restrict or impair the statutory authority of, any state or local agency responsible for the

 


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investigation or prosecution of allegations of abuse, neglect, exploitation , [or] isolation or abandonment of an older person or the death of an older person that is alleged to be the result of abuse, neglect , [or] isolation [.] or abandonment.

      Sec. 30. NRS 228.275 is hereby amended to read as follows:

      228.275  The Unit may bring an action to enjoin or obtain any other equitable relief to prevent the abuse, neglect, exploitation , [or] isolation or abandonment of an older person. The court may award reasonable attorney’s fees and costs if the Unit prevails in such an action.

      Sec. 31. NRS 228.280 is hereby amended to read as follows:

      228.280  1.  In addition to any criminal penalty, a person who is convicted of a crime against an older person for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 or of the abuse, neglect, exploitation , [or] isolation or abandonment of an older person pursuant to NRS 200.5099 or 200.50995 is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

      (a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

      (b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

      2.  The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

      (a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons who are:

             (1) Victims of a crime for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167; or

             (2) Abused, neglected, exploited , [or] isolated or abandoned in violation of NRS 200.5099 and 200.50995.

      (b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons created pursuant to NRS 228.285.

      Sec. 32. NRS 228.495 is hereby amended to read as follows:

      228.495  1.  The Attorney General may organize or sponsor one or more multidisciplinary teams to review the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018 if a court or an agency of a local government does not organize or sponsor a multidisciplinary team pursuant to NRS 217.475 or if the court or agency requests the assistance of the Attorney General. In addition to the review of a particular case, a multidisciplinary team organized or sponsored by the Attorney General pursuant to this section shall:

      (a) Examine the trends and patterns of deaths of victims of crimes that constitute domestic violence in this State;

      (b) Determine the number and type of incidents the team wishes to review;

      (c) Make policy and other recommendations for the prevention of deaths from crimes that constitute domestic violence;

      (d) Engage in activities to educate the public, providers of services to victims of domestic violence and policymakers concerning deaths from crimes that constitute domestic violence and strategies for intervention and prevention of such crimes; and

 


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      (e) Recommend policies, practices and services to encourage collaboration and reduce the number of deaths from crimes that constitute domestic violence.

      2.  A multidisciplinary team organized or sponsored pursuant to this section may include, without limitation, the following members:

      (a) A representative of the Attorney General;

      (b) A representative of any law enforcement agency that is involved with a case under review;

      (c) A representative of the district attorney’s office in the county where a case is under review;

      (d) A representative of the coroner’s office in the county where a case is under review;

      (e) A representative of any agency which provides social services that is involved in a case under review;

      (f) A person appointed pursuant to subsection 3; and

      (g) Any other person that the Attorney General determines is appropriate.

      3.  An organization that is concerned with domestic violence may apply to the Attorney General or his or her designee for authorization to appoint a member to a multidisciplinary team organized or sponsored pursuant to this section. Such an application must be made in the form and manner prescribed by the Attorney General and is subject to the approval of the Attorney General or his or her designee.

      4.  Each organization represented on a multidisciplinary team organized or sponsored pursuant to this section may share with other members of the team information in its possession concerning a victim who is the subject of a review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential.

      5.  The organizing or sponsoring of a multidisciplinary team pursuant to this section does not grant the Attorney General supervisory authority over, or restrict or impair the statutory authority of, any state or local governmental agency responsible for the investigation or prosecution of the death of a victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

      6.  Before organizing or sponsoring a multidisciplinary team pursuant to this section, the Attorney General shall adopt a written protocol describing the objectives and structure of the team.

      7.  A multidisciplinary team organized or sponsored pursuant to this section may request any person, agency or organization that is in possession of information or records concerning a victim who is the subject of a review or any person who was in contact with the victim to provide the team with any information or records that are relevant to the review. Any information or records provided to a team pursuant to this subsection are confidential.

      8.  A multidisciplinary team organized or sponsored pursuant to this section may, if appropriate, meet with any person, agency or organization that the team believes may have information relevant to a review conducted by the team, including, without limitation, a multidisciplinary team:

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

 


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      (b) To review any allegations of abuse, neglect, exploitation , [or] isolation or abandonment of an older person or the death of an older person that is alleged to be from abuse, neglect , [or] isolation or abandonment organized pursuant to NRS 228.270;

      (c) To review the death of a child organized pursuant to NRS 432B.405; or

      (d) To oversee the review of the death of a child organized pursuant to NRS 432B.4075.

      9.  Except as otherwise provided in subsection 10, each member of a multidisciplinary team organized or sponsored pursuant to this section is immune from civil or criminal liability for an activity related to the review of the death of a victim.

      10.  Each member of a multidisciplinary team organized or sponsored pursuant to this section who discloses any confidential information concerning the death of a child is personally liable for a civil penalty of not more than $500.

      11.  The Attorney General:

      (a) May bring an action to recover a civil penalty imposed pursuant to subsection 10 against a member of a multidisciplinary team organized or sponsored pursuant to this section; and

      (b) Shall deposit any money received from the civil penalty with the State Treasurer for credit to the State General Fund.

      12.  The results of a review of the death of a victim conducted pursuant to this section are not admissible in any civil action or proceeding.

      13.  A multidisciplinary team organized or sponsored pursuant to this section shall submit a report of its activities to the Attorney General. The report must include, without limitation, the findings and recommendations of the team. The report must not include information that identifies any person involved in a particular case under review. The Attorney General shall make the report available to the public.

      Sec. 33. NRS 289.510 is hereby amended to read as follows:

      289.510  1.  The Commission:

      (a) Shall meet at the call of the Chair, who must be elected by a majority vote of the members of the Commission.

      (b) Shall provide for and encourage the training and education of persons whose primary duty is law enforcement to ensure the safety of the residents of and visitors to this State.

      (c) Shall adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. The regulations must establish:

             (1) Requirements for basic training for category I, category II and category III peace officers and reserve peace officers;

             (2) Standards for programs for the continuing education of peace officers, including minimum courses of study and requirements concerning attendance;

             (3) Qualifications for instructors of peace officers; and

             (4) Requirements for the certification of a course of training.

      (d) Shall, when necessary, present courses of training and continuing education courses for category I, category II and category III peace officers and reserve peace officers.

 


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      (e) May make necessary inquiries to determine whether the agencies of this State and of the local governments are complying with standards set forth in its regulations.

      (f) Shall carry out the duties required of the Commission pursuant to NRS 432B.610 and 432B.620.

      (g) May perform any other acts that may be necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.600, inclusive.

      (h) May enter into an interlocal agreement with an Indian tribe to provide training to and certification of persons employed as police officers by that Indian tribe.

      2.  Regulations adopted by the Commission:

      (a) Apply to all agencies of this State and of local governments in this State that employ persons as peace officers;

      (b) Must require that all peace officers receive training in the handling of cases involving abuse or neglect of children or missing children;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation , [and] isolation and abandonment of older persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      Sec. 34. NRS 424.031 is hereby amended to read as follows:

      424.031  1.  The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

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

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

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

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

      (g) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;

 


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      (i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

      2.  The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      3.  Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.

      4.  The licensing authority or its designee shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation.

      Sec. 35. NRS 424.145 is hereby amended to read as follows:

      424.145  1.  The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

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

      (d) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime or a felony relating to prostitution;

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

 


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

      (g) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years;

      (i) Any offense relating to pornography involving minors, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

      2.  Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person is completed.

      3.  The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.

      Sec. 36. NRS 427A.1234 is hereby amended to read as follows:

      427A.1234  1.  The Specialist for the Rights of Elderly Persons shall:

      (a) Provide advocacy and education relating to the legal rights of elderly persons and shall facilitate the development of legal services to assist elderly persons in securing and maintaining their legal rights.

      (b) Provide, upon request, technical assistance, training and other support relating to the legal rights of elderly persons to:

             (1) An attorney who is providing legal services for an elderly person;

             (2) An employee of a law enforcement agency;

             (3) The Ombudsman or an advocate;

 


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             (4) An employee of an office for protective services of any county; and

             (5) An employee of the Division.

      (c) Review existing and proposed policies, legislation and regulations that affect elderly persons and make recommendations as appropriate to the Administrator.

      (d) Review and analyze information relating to the nature and extent of abuse, neglect, exploitation , [and] isolation and abandonment of elderly persons to identify services that need to be provided, including, without limitation:

             (1) Methods of intervening on behalf of an elderly person to protect the elderly person from abuse, neglect, exploitation , [or] isolation [;] or abandonment; and

             (2) Enforcing the laws of this state governing abuse, neglect, exploitation , [and] isolation and abandonment of elderly persons.

      2.  The Specialist for the Rights of Elderly Persons may:

      (a) Have access to, inspect, copy and subpoena all records in the possession of any clerk of a court, law enforcement agency or public or private institution, wherever situated, that relate to the abuse, neglect, exploitation , [or] isolation or abandonment of an elderly person.

      (b) Have access to all written records in the possession of any person, government, governmental agency or political subdivision of a government that relate to the abuse, neglect, exploitation , [or] isolation or abandonment of an elderly person.

      (c) Represent and assist any incompetent person until a guardian is appointed for that person.

      (d) Use the information obtained pursuant to paragraphs (a) and (b) to resolve complaints relating to the abuse, neglect, exploitation , [or] isolation or abandonment of an elderly person.

      (e) Develop services relating to financial management for an elderly person who is at risk of having a guardian or conservator appointed by a court to manage his or her property.

      (f) Appear as amicus curiae on behalf of elderly persons in any court in this state.

      (g) Perform such other functions as are necessary to carry out the duties and the functions of the office of the Specialist for the Rights of Elderly Persons.

      Sec. 37. NRS 432A.170 is hereby amended to read as follows:

      432A.170  1.  The Division may, upon receipt of an application for a license to operate a child care facility, conduct an investigation into the:

      (a) Buildings or premises of the facility and, if the application is for an outdoor youth program, the area of operation of the program;

      (b) Qualifications and background of the applicant or the employees of the applicant;

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  The Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

 


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participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

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

      (g) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      3.  The Division shall request information concerning every applicant, licensee or employee of an applicant or licensee, or every resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

      (a) The Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report pursuant to NRS 432A.175; and

      (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

      4.  The Division may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      5.  The information required to be obtained pursuant to subsections 2 and 3 must be requested concerning an:

      (a) Employee of an applicant or licensee, resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older not later than 3 days after the employee is hired, the residency begins or the participant begins participating in the program, and then at least once every 5 years thereafter.

      (b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a child care facility without supervision before the investigation of the background and personal history of the person has been conducted.

      Sec. 38. NRS 432B.198 is hereby amended to read as follows:

      432B.198  1.  An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:

 


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background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving pornography and a minor;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

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

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

             (13) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  An agency which provides child welfare services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

 


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      3.  Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 39. NRS 433B.183 is hereby amended to read as follows:

      433B.183  1.  A division facility which provides residential treatment to children shall secure from appropriate law enforcement agencies information on the background and personal history of an employee of the facility to determine whether the employee has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

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

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

      (g) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct; or

      (h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property within the immediately preceding 7 years.

      2.  An employee must submit to the Division two complete sets of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

 


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Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Division may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

      4.  The Division may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

      5.  An employee who is required to submit to an investigation required pursuant to this section shall not have contact with a child in a division facility without supervision before the investigation of the background and personal history of the employee has been conducted.

      6.  The division facility shall conduct an investigation of each employee pursuant to this section at least once every 5 years after the initial investigation.

      Sec. 40. NRS 449.172 is hereby amended to read as follows:

      449.172  If the Division suspends or revokes the license of a person who operates a residential facility for groups for abuse, neglect , [or] exploitation, isolation or abandonment of the occupants of the facility, the Division shall suspend or revoke the license of all residential facilities for groups operated by that person. The person who operates the facility shall move all of the persons who are receiving services in the residential facilities for groups to other licensed residential facilities for groups at his or her own expense.

      Sec. 41. NRS 449.174 is hereby amended to read as follows:

      449.174  1.  In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

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

             (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

             (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

             (5) A crime involving domestic violence that is punished as a felony;

             (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

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

             (8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;

             (9) Abuse, neglect, exploitation , [or] isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

             (10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

 


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             (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

             (13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;

             (14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or

             (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;

      (b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or

      (c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children.

      2.  In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home or an agency to provide nursing in the home if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Facility, hospital, agency, program or home” has the meaning ascribed to it in NRS 449.119.

      (c) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (d) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 42. NRS 657.240 is hereby amended to read as follows:

      657.240  “Exploitation” has the meaning ascribed to it in [subsection 2 of] NRS 200.5092.

      Sec. 43. NRS 657.250 is hereby amended to read as follows:

      657.250  “Older person” has the meaning ascribed to it in [subsection 5 of] NRS 200.5092.

      Sec. 44. NRS 657.270 is hereby amended to read as follows:

      657.270  “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 45. NRS 673.783 is hereby amended to read as follows:

      673.783  “Exploitation” has the meaning ascribed to it in [subsection 2 of] NRS 200.5092.

      Sec. 46. NRS 673.787 is hereby amended to read as follows:

      673.787  “Older person” has the meaning ascribed to it in [subsection 5 of] NRS 200.5092.

      Sec. 47. NRS 673.797 is hereby amended to read as follows:

      673.797  “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 48. NRS 677.683 is hereby amended to read as follows:

      677.683  “Exploitation” has the meaning ascribed to it in [subsection 2 of] NRS 200.5092.

      Sec. 49. NRS 677.687 is hereby amended to read as follows:

      677.687  “Older person” has the meaning ascribed to it in [subsection 5 of] NRS 200.5092.

 


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      Sec. 50. NRS 677.697 is hereby amended to read as follows:

      677.697  “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

      Sec. 51. NRS 678.771 is hereby amended to read as follows:

      678.771  “Exploitation” has the meaning ascribed to it in [subsection 2 of] NRS 200.5092.

      Sec. 52. NRS 678.773 is hereby amended to read as follows:

      678.773  “Older person” has the meaning ascribed to it in [subsection 5 of] NRS 200.5092.

      Sec. 53. NRS 678.777 is hereby amended to read as follows:

      678.777  “Vulnerable person” has the meaning ascribed to it in [subsection 7 of] NRS 200.5092.

________

CHAPTER 175, AB 224

Assembly Bill No. 224–Assemblyman O’Neill

 

CHAPTER 175

 

[Approved: May 25, 2015]

 

AN ACT relating to records of criminal history; revising provisions relating to records of criminal history; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Central Repository for Nevada Records of Criminal History for the collection and maintenance of certain information relating to records of criminal history. Under existing law, the General Services Division of the Department of Public Safety is authorized to request of and receive from the Federal Bureau of Investigation the background and personal history of a person by submitting to the Federal Bureau of Investigation a complete set of fingerprints of the person which was received by the Central Repository. (NRS 179A.075) Section 1 of this bill provides that such information may be requested of and received from the Federal Bureau of Investigation by, depending upon the purpose of the request, the submission of a complete set of fingerprints, one or more fingerprints or other “biometric identifier” which is defined in this bill as a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person. Section 1 also requires the Central Repository to adopt certain regulations governing biometric identifiers and the information and data derived therefrom.

 

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 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the General Services Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime or delinquency of children shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

 


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      (b) Submit the information collected to the Central Repository in the manner approved by the Director of the Department.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates or issues, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Ê within the period prescribed by the Director of the Department. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide the information that is contained in the Central Repository to the State Disaster Identification Team of the Division of Emergency Management of the Department.

      (d) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to a multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored by the Attorney General pursuant to NRS 228.495.

      5.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

 


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             (4) For whom such information is required to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

[Ê]

      6.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to [this] subsection [,] 5, the Central Repository must receive [the] :

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Ê from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the [fingerprints] received data to the Federal Bureau of Investigation for its report.

      [6.]7.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment; or

             (3) Is employed by a county school district, charter school or private school,

Ê and notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

 


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ê2015 Statutes of Nevada, Page 844 (Chapter 175, AB 224)ê

 

            (1) Investigated pursuant to paragraph (d); or

             (2) Employed by a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Ê who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.339 or 453.3395, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has [fingerprints] such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329.

      (g) On or before July 1 of each year, prepare and present to the Governor a printed annual report containing the statistical data relating to crime received during the preceding calendar year. Additional reports may be presented to the Governor throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

      (h) On or before July 1 of each year, prepare and submit to the Director of the Legislative Counsel Bureau for submission to the Legislature, or to the Legislative Commission when the Legislature is not in regular session, a report containing statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice and the delinquency of children by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      [7.](j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      8.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime or the delinquency of children.

      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice, any other agency dealing with crime or the delinquency of children which is required to submit information pursuant to subsection 2 or the State Disaster Identification Team of the Division of Emergency Management of the Department. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

 


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ê2015 Statutes of Nevada, Page 845 (Chapter 175, AB 224)ê

 

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

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

      (a) “Biometric identifier” means a fingerprint, palm print, scar, bodily mark, tattoo, voiceprint, facial image, retina image or iris image of a person.

      (b) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (c) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) [The fingerprints, voiceprint, retina image and iris image] A biometric identifier of a person.

      [(b)](d) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 2. NRS 179A.175 is hereby amended to read as follows:

      179A.175  1.  The Director of the Department shall establish within the Central Repository a program for reporting crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      2.  The program must be designed to collect, compile and analyze statistical data about crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression. The Director shall adopt guidelines for the collection of the statistical data, including, but not limited to, the criteria to establish the presence of prejudice.

      3.  The Central Repository shall include in its annual report to the Governor pursuant to subsection [6] 7 of NRS 179A.075, and in any other appropriate report, an independent section relating solely to the analysis of crimes that manifest evidence of prejudice based on race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression.

      4.  Data acquired pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of an individual victim of a crime.

      5.  As used in this section, “gender identity or expression” has the meaning ascribed to it in NRS 193.0148.

      Sec. 3. NRS 391.033 is hereby amended to read as follows:

      391.033  1.  All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuant to regulations adopted by the Commission and as otherwise provided by law.

      2.  An application for the issuance of a license must include the social security number of the applicant.

      3.  Every applicant for a license must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [6] 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

 


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ê2015 Statutes of Nevada, Page 846 (Chapter 175, AB 224)ê

 

history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection [6] 7 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      4.  The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

      5.  A license must be issued to, or renewed for, as applicable, an applicant if:

      (a) The Superintendent determines that the applicant is qualified;

      (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

             (1) Do not indicate that the applicant has been convicted of a felony or any offense involving moral turpitude; or

             (2) Indicate that the applicant has been convicted of a felony or an offense involving moral turpitude but the Superintendent determines that the conviction is unrelated to the position within the county school district or charter school for which the applicant applied or for which he or she is currently employed, as applicable; and

      (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

      Sec. 4. NRS 391.035 is hereby amended to read as follows:

      391.035  1.  Except as otherwise provided in NRS 239.0115, an application to the Superintendent of Public Instruction for a license as a teacher or to perform other educational functions and all documents in the Department’s file relating to the application, including:

      (a) The applicant’s health records;

      (b) The applicant’s fingerprints and any report from the Federal Bureau of Investigation or the Central Repository for Nevada Records of Criminal History;

      (c) Transcripts of the applicant’s records at colleges or other educational institutions;

      (d) The applicant’s scores on the examinations administered pursuant to the regulations adopted by the Commission;

      (e) Any correspondence concerning the application; and

      (f) Any other personal information,

Ê are confidential.

      2.  It is unlawful to disclose or release the information in an application or any related document except pursuant to paragraph (d) of subsection [6] 7 of NRS 179A.075 or the applicant’s written authorization.

      3.  The Department shall, upon request, make available the applicant’s file for inspection by the applicant during regular business hours.

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

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ê2015 Statutes of Nevada, Page 847ê

 

CHAPTER 176, AB 243

Assembly Bill No. 243–Assemblymen Thompson, Titus, Araujo; Silberkraus and Sprinkle

 

Joint Sponsors: Senators Atkinson, Spearman; and Manendo

 

CHAPTER 176

 

[Approved: May 25, 2015]

 

AN ACT relating to public health; requiring a county, provider of health care or medical facility to ensure that a person who tests positive on a rapid test for the human immunodeficiency virus is counseled to receive a second test to confirm the result; revising the qualifications of a person that only performs certain tests for the detection of the human immunodeficiency virus in a medical laboratory; providing that the laboratory director of a laboratory that only conducts certain tests for the detection of the human immunodeficiency virus may not be required to be a physician or perform any duties not prescribed by statute; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires counties, providers of health care and medical facilities to provide or ensure the provision of counseling to each person who tests positive for the human immunodeficiency virus. (NRS 441A.336) Section 1 of this bill requires a county, provider of health care or medical facility to counsel a person who has received a positive result on a rapid test for the human immunodeficiency virus concerning the need for the person to receive a second test to confirm the result.

      Existing law prohibits persons other than certain licensed health care professionals from manipulating a person for the collection of specimens. (NRS 652.210) Sections 2 and 4 of this bill authorize a person who has not obtained such a license or certification to perform certain tests for the detection of the human immunodeficiency virus if the person has received training concerning the administration of such a test, infection control procedures and counseling for persons who test positive.

      Existing law requires the director of a medical laboratory to supervise laboratory procedures, report the findings of laboratory tests, ensure compliance with requirements governing medical laboratories, be responsible for all work performed in the laboratory and retain certain records. (NRS 652.180) Section 3 of this bill prevents the State Board of Health from prescribing additional duties for the director of such a laboratory.

      Existing law authorizes the State Board of Health to prescribe the education, training and experience qualifications of the directors of medical laboratories. (NRS 652.130) Section 3 prevents the Board from requiring the director of a laboratory that only performs certain tests for the detection of the human immunodeficiency virus to be a licensed physician.

 

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 441A.336 is hereby amended to read as follows:

      441A.336  1.  Counties, providers of health care and medical facilities that provide testing for the human immunodeficiency virus shall provide, or ensure the provision of, to each person who tests positive for the human immunodeficiency virus, a counseling session that is appropriate and acceptable under current medical and public health practices, as recommended by the Board.

 


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ê2015 Statutes of Nevada, Page 848 (Chapter 176, AB 243)ê

 

immunodeficiency virus, a counseling session that is appropriate and acceptable under current medical and public health practices, as recommended by the Board.

      2.  Counseling required pursuant to this section must address, without limitation:

      (a) The meaning of the positive result of the test;

      (b) Any follow-up testing for the person [;] , including, without limitation, an additional test to confirm the results of a rapid test to be performed with a more accurate test or a different rapid test that is approved by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services for the purpose of confirming the positive result of a rapid test;

      (c) Methods for preventing the transmission of the human immunodeficiency virus;

      (d) Medical treatment available for the person;

      (e) The confidentiality of the result of the test; and

      (f) Recommended testing for the human immunodeficiency virus for sexual partners of the person.

      3.  Counties, providers of health care and medical facilities that provide testing for the human immunodeficiency virus shall offer to each person who tests positive for the human immunodeficiency virus:

      (a) Appropriate referrals for future services, including, without limitation, medical care, mental health care and addiction services; or

      (b) If unable to provide referrals pursuant to paragraph (a), referral to the local health authority for a subsequent referral to providers within the community for future services, including, without limitation, medical care, mental health care and addiction services.

      4.  The Director of the Department of Health and Human Services may adopt regulations to carry out the provisions of this section.

      5.  As used in this section, “rapid test” means a test that:

      (a) Is used to detect the presence of antibodies to the human immunodeficiency virus; and

      (b) Provides a result in 30 minutes or less.

      Sec. 2. Chapter 652 of NRS is hereby amended by adding thereto a new section to read as follows:

      A person may perform a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations in a medical laboratory without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127 or a license or certification described in NRS 652.210 if the person submits proof of successful completion of training that has been approved by the Division concerning:

      1.  The administration of such a test;

      2.  Infection control procedures recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the Occupational Safety and Health Administration of the United States Department of Labor;

      3.  Reporting of communicable diseases as required by NRS 441A.150 and any regulations adopted pursuant to chapter 441A of NRS; and

 


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ê2015 Statutes of Nevada, Page 849 (Chapter 176, AB 243)ê

 

      4.  Counseling and referrals to be provided to persons who test positive for the human immunodeficiency virus, including, without limitation, counseling provided pursuant to NRS 441A.336.

      Sec. 3. NRS 652.130 is hereby amended to read as follows:

      652.130  1.  Except as otherwise provided in NRS 652.127, the Board, with the advice of the Medical Laboratory Advisory Committee, may prescribe and publish rules and regulations relating to:

      [1.](a) The education, training and experience qualifications of laboratory directors and technical personnel.

      [2.](b) The location and construction of laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, to ensure the conduct and operation of the laboratory in a manner which will protect the public health.

      [3.](c) Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to ensure the protection of the public health.

      [4.](d) The equipment essential to the proper conduct and operation of a laboratory.

      [5.](e) The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.

      2.  Any regulations adopted by the Board pursuant to this section must not require that the laboratory director of a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations:

      (a) Be a licensed physician; or

      (b) Perform duties other than those prescribed in NRS 652.180.

      Sec. 4. NRS 652.210 is hereby amended to read as follows:

      652.210  1.  Except as otherwise provided in subsection 2 and NRS 126.121, and section 2 of this act, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified advanced emergency medical technician, a certified paramedic, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist may manipulate a person for the collection of specimens. The persons described in this subsection may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.

      2.  The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

      Sec. 5.  Any regulations that conflict with section 3 of this act are void and unenforceable.

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ê2015 Statutes of Nevada, Page 850ê

 

CHAPTER 177, AB 251

Assembly Bill No. 251–Committee on Transportation

 

CHAPTER 177

 

[Approved: May 25, 2015]

 

AN ACT relating to vehicle dealers; revising provisions relating to used vehicle dealers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a used vehicle dealer may only sell a new vehicle if the new vehicle is: (1) sold at wholesale and was taken in trade or acquired as a result of a sales contract to a new vehicle dealer; (2) sold at wholesale through a wholesale vehicle auction provided that the auctioneer does not take an ownership interest in the vehicle and auctions the vehicle to a new vehicle dealer; or (3) sold on consignment from a person not licensed as a vehicle dealer, rebuilder or a long-term or short-term lessor. (NRS 482.350) This bill authorizes a used vehicle dealer to sell a new vehicle if the vehicle has been substantially modified by the used vehicle dealer or a third party for use by or for a person with a disability.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.350 is hereby amended to read as follows:

      482.350  1.  Except for a manufacturer described in subsection 2 of NRS 482.078:

      (a) A new vehicle dealer’s license shall not be furnished to any dealer in new vehicles, trailers or semitrailers unless the dealer first furnishes the Department an instrument executed by or on behalf of the manufacturer certifying that the dealer is an authorized franchised dealer for the make or makes of vehicle concerned.

      (b) New vehicle dealers are authorized to sell at retail only those new vehicles for which they are certified as franchised dealers by the manufacturer.

      2.  In addition to selling used vehicles, a used vehicle dealer may:

      (a) Sell at wholesale a new vehicle taken in trade or acquired as a result of a sales contract to a new vehicle dealer who is licensed and authorized to sell that make of vehicle;

      (b) Sell at wholesale a new vehicle through a wholesale vehicle auction provided that the wholesale vehicle auctioneer:

             (1) Does not take an ownership interest in the vehicle; and

             (2) Auctions the vehicle to a vehicle dealer who is licensed and authorized to sell that make of vehicle or to an automobile wrecker who is licensed in this State or any other state; [or]

      (c) Sell a new vehicle on consignment from a person not licensed as a vehicle dealer, rebuilder or a long-term or short-term lessor [.] ; or

      (d) Sell a new vehicle if it has been substantially modified by the used vehicle dealer or a third party for use by a driver or passenger who is a person with a disability.

      3.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 851 (Chapter 177, AB 251)ê

 

      (a) “Person with a disability” has the meaning ascribed to it in NRS 433.5473.

      (b) “Substantially modified” means equipped or adapted for the purpose of aiding or allowing a person with a disability to operate, travel in, enter, exit or load a vehicle. The term includes, without limitation:

             (1) Mechanical or structural changes to a vehicle that allow a person with a disability to safely drive or ride as a passenger;

             (2) A device or mechanism that is used for loading or unloading a wheelchair or scooter and is mounted on the roof, in the passenger area, in the trunk or other storage area of a vehicle; and

             (3) Mechanical or electrical adaptive control devices that are installed in a vehicle to enable a person with mobility restrictions to control, without limitation, the accelerator, foot brake, turn signals, dimmer switch, steering wheel or parking brake of a vehicle.

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

________

CHAPTER 178, AB 301

Assembly Bill No. 301–Assemblymen Stewart, Oscarson; Hickey and Spiegel

 

CHAPTER 178

 

[Approved: May 25, 2015]

 

AN ACT relating to common-interest communities; prohibiting restrictions on the freedom to display the flag of the State of Nevada in a common-interest community; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits certain restrictions on the freedom of the owner of a unit in a common-interest community to display the flag of the United States within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively. (NRS 116.320) This bill similarly prohibits certain restrictions on the freedom of a unit’s owner to display the flag of the State of Nevada.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 116.320 is hereby amended to read as follows:

      116.320  1.  Except as otherwise provided in subsection 2, the executive board of an association shall not and the governing documents of that association must not prohibit a unit’s owner from engaging in the display of the flag of the United States or of the State of Nevada within such physical portion of the common-interest community as that owner has a right to occupy and use exclusively.

      2.  The provisions of this section do not:

      (a) Apply to the display of the flag of the United States or of the State of Nevada for commercial advertising purposes.

 


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ê2015 Statutes of Nevada, Page 852 (Chapter 178, AB 301)ê

 

      (b) Preclude an association from adopting, and do not preclude the governing documents of an association from setting forth, rules that reasonably restrict the placement and manner of the display of the flag of the United States or of the State of Nevada by a unit’s owner.

      3.  In any action commenced to enforce the provisions of this section, the prevailing party is entitled to recover reasonable attorney’s fees and costs.

      4.  As used in this section, “display of the flag of the United States [”] or of the State of Nevada” means a flag of the United States or of the State of Nevada that is:

      (a) Made of cloth, fabric or paper;

      (b) Displayed from a pole or staff or in a window; [and]

      (c) [Displayed] With regard to a flag of the United States, displayed in a manner that is consistent with 4 U.S.C. Chapter 1 [.] ; and

      (d) With regard to a flag of the State of Nevada, not larger than the size of a flag of the United States that is displayed, if at all, by a unit’s owner.

Ê The term does not include a depiction or emblem of the flag of the United States or of the State of Nevada that is made of balloons, flora, lights, paint, paving materials, roofing, siding or any other similar building, decorative or landscaping component.

      Sec. 2.  1.  Any provision in a governing document of an executive board of a common-interest community described in NRS 116.320, as amended by section 1 of this act which is in effect on July 1, 2015, and which is contrary to the provisions of this act is void and unenforceable.

      2.  On or before October 1, 2015, the executive board of a common-interest community described in NRS 116.320, as amended by section 1 of this act, shall review and amend the governing documents of the common-interest community as necessary to ensure compliance with the provisions of NRS 116.320.

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

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ê2015 Statutes of Nevada, Page 853ê

 

CHAPTER 179, AB 324

Assembly Bill No. 324–Assemblyman Sprinkle

 

CHAPTER 179

 

[Approved: May 25, 2015]

 

AN ACT relating to child welfare; revising provisions concerning required requests for the credit report of a child in the custody of an agency which provides child welfare services; revising provisions concerning missing and runaway children; requiring an agency which provides child welfare services that receives information concerning a missing child in the custody of the agency to report such information to a law enforcement agency; requiring the Division of Child and Family Services of the Department of Health and Human Services to adopt certain procedures concerning children who have run away from a foster home; revising requirements concerning permanency hearings; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law that becomes effective on September 29, 2015, requires each child in foster care under the responsibility of the State who is at least 14 years of age to receive a copy of his or her credit report each year until the child is discharged from care. (Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No. 113-183, § 113) Section 1 of this bill lowers the age of a child for whom an agency which provides child welfare services is required to obtain a credit report under state law from 16 years of age to 14 years of age to conform to this federal requirement.

      Existing state law requires a law enforcement agency to request certain identifying information from the parent or guardian of a missing child who is less than 16 years of age or has not been located within 30 days after being reported missing. (NRS 432.200) Existing law also requires a law enforcement agency that receives and verifies a report of a missing child, other than a child who has run away, to immediately transmit the report to the program established by the Attorney General to coordinate activities and information in this State concerning missing or exploited children. (NRS 432.205) Sections 2 and 3 of this bill instead require a law enforcement agency to request such information and transmit such a report for any child who has been reported missing.

      Existing federal law requires a state agency that receives information concerning a missing or abducted child who has been placed in the custody of the agency to report the information immediately to the National Center for Missing and Exploited Children and the National Crime Information Center database established by the Federal Bureau of Investigation. (Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No. 113-183, § 104) Section 4 of this bill includes this requirement in state law.

      Existing federal law requires a state to develop and carry out specific protocols concerning children who have run away from foster care in order to receive certain federal funds. (42 U.S.C. § 671(a)(35)) Section 5 of this bill requires the Division of Child and Family Services of the Department of Health and Human Services to adopt regulations to implement such protocols.

      Existing federal law that becomes effective on September 29, 2015, prohibits the placement of a child who is under 16 years of age in a permanent placement other than with the parent of the child, the adoption of the child or referral of the child for legal guardianship. (Preventing Sex Trafficking and Strengthening Families Act, Pub. L. No. 113-183, § 112) Section 6 of this bill authorizes an agency which provides child welfare services that has custody of a child who is 16 years of age or older to present evidence at a permanency hearing that there is a compelling reason for placing such a child in a different permanent living arrangement.

 


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ê2015 Statutes of Nevada, Page 854 (Chapter 179, AB 324)ê

 

      Existing federal law requires a judge at a permanency hearing to: (1) ask the child about his or her desired permanency outcome; (2) if the judge determines that another permanency outcome is better for the child, to explain why; and (3) if the judge determines that it is not in the best interests of the child to return home, be placed for adoption or be placed with a legal guardian or relative, provide compelling reasons for that determination. (42 U.S.C. § 675a(a)(2)) Existing state law requires a judge at a permanency hearing to prepare an explicit statement of the facts upon which he or she based his or her determination regarding the best interests of the child. Section 6 revises this requirement to meet the federal requirements.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432.0395 is hereby amended to read as follows:

      432.0395  1.  Before an agency which provides child welfare services requests and examines a copy of any credit report pursuant to subsection 2, the agency which provides child welfare services shall, to the greatest extent practicable:

      (a) Inform the child of the requirement to request and examine a copy of any credit report that may exist for the child;

      (b) Explain to the child the process for resolving any inaccuracy discovered on any such credit report; and

      (c) Explain to the child the possible consequences of an inaccuracy on a credit report of the child.

      2.  An agency which provides child welfare services shall request and examine a copy of any credit report that may exist for each child who remains in the custody of the agency which provides child welfare services for 60 or more consecutive days:

      (a) When the child reaches the age of [16] 14 years, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I); or

      (b) If the child has reached the age of [16] 14 years before the child is placed in the custody of the agency which provides child welfare services, within 90 days after the placement of the child in the custody of the agency which provides child welfare services, and then at least once annually thereafter as required pursuant to 42 U.S.C. § 675(5)(I).

      3.  An agency which provides child welfare services shall determine from the examination of a credit report pursuant to this section whether the credit report contains inaccurate information and whether the credit report indicates that identity theft or any other crime has been committed against the child.

      4.  If the agency which provides child welfare services determines that an inaccuracy exists in the credit report of a child, the agency which provides child welfare services must:

      (a) Report any information which may indicate identity theft or other crime to the Attorney General;

      (b) Make a diligent effort to resolve the inaccuracy as soon as practicable; and

      (c) If an inaccuracy remains unresolved after the child has left the custody of the agency which provides child welfare services, notify the child or, if the child has not attained the age of majority, the person responsible for the child’s welfare:

 


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             (1) That an inaccuracy exists in the credit report of the child;

             (2) Of the manner in which to correct the inaccuracy; and

             (3) Of any services that may be available in the community to provide assistance in correcting the inaccuracy.

      5.  An agency which provides child welfare services may, upon consent of a child who remains under the jurisdiction of a court pursuant to NRS 432B.594, continue to request and examine a credit report of the child and provide assistance to the child if an inaccuracy is discovered.

      6.  The Attorney General may investigate each potential instance of identity theft or crime reported pursuant to subsection 4 and prosecute in accordance with law each person responsible for any identity theft identified in the investigation.

      Sec. 2. NRS 432.200 is hereby amended to read as follows:

      432.200  1.  A law enforcement agency shall accept every report of a missing child which is submitted to the agency, including, but not limited to, a report made by telephone. Upon receipt of such a report, the agency shall immediately conduct a preliminary investigation and classify the cause of the disappearance of the child as “runaway,” “abducted by the parent of the child,” “abducted by a stranger” or “cause of disappearance unknown,” and shall:

      (a) Transmit all available information about the child to the Clearinghouse within 36 hours after the report is received;

      (b) Immediately notify such persons and make such inquiries concerning the missing child as the agency deems necessary;

      (c) Fully comply with the requirements of the National Child Search Assistance Act of 1990, [Title XXXVII of Public Law 101-647, 104 Stat. 4966;] 42 U.S.C. §§ 5779 and 5780; and

      (d) Enter into the National Crime Information Center’s Missing Person File, as miscellaneous information, any person reasonably believed to have unlawfully abducted or detained the missing child, or aided or abetted the unlawful abduction or detention.

      2.  A law enforcement agency which has jurisdiction over the investigation of an abducted child and which has obtained a warrant for the arrest of a person suspected in the child’s disappearance or concealment shall immediately notify the National Crime Information Center for the entry into the Center’s Wanted Person File of identifying and descriptive information concerning:

      (a) The suspect; and

      (b) As miscellaneous information, the missing child.

Ê The agency shall cross-reference information entered pursuant to this section with the National Crime Information Center’s Missing Person File.

      3.  [If a missing child is less than 16 years of age or has not been located within 30 days after] After a report is filed, the law enforcement agency that received the initial report shall:

      (a) Send to the child’s parent or guardian a request for certain identifying information regarding the child that the National Crime Information Center recommends be provided; and

      (b) Ask the child’s parent or guardian to provide such identifying information regarding the child.

Ê This subsection does not preclude the voluntary release of identifying information about the missing child by the parent or guardian of the child at any time.

 


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      4.  The parent or guardian of a child reported as missing shall promptly notify the appropriate law enforcement agency if the child is found or returned. The law enforcement agency shall then transmit that fact to the National Crime Information Center and the Clearinghouse.

      5.  Nothing in this section requires a law enforcement agency to activate the Statewide Alert System for the Safe Return of Abducted Children created by NRS 432.340.

      Sec. 3. NRS 432.205 is hereby amended to read as follows:

      432.205  1.  A law enforcement agency, upon receiving and verifying a report of a missing child, [other than a child who has run away,] shall immediately transmit the full contents of the report by the fastest means available to the Clearinghouse.

      2.  The Clearinghouse shall, upon receipt of the report, immediately notify any governmental agency in possession of the birth certificate of the child and the superintendent of schools of the school district in possession of the educational records of the child that the child is missing.

      3.  Upon receiving such notification, the agency or superintendent shall:

      (a) Maintain the birth certificate or educational records in such a manner as to ensure that the Clearinghouse is notified immediately if a request is made for the birth certificate or educational records.

      (b) Immediately notify the Clearinghouse upon receiving any such request before releasing the birth certificate or educational records, including notification of the identity and location or address of the person making the request.

      (c) Not disclose to the person making the request any communication with the Clearinghouse or the fact that a communication must be made.

      Sec. 4. NRS 432B.165 is hereby amended to read as follows:

      432B.165  1.  For purposes of assisting in locating a missing child who is the subject of an investigation of abuse or neglect and who is in the protective custody of an agency which provides child welfare services or in the custody of another entity pursuant to an order of the juvenile court, an agency which provides child welfare services may provide the following information to a federal, state or local governmental entity, or an agency of such an entity, that needs access to the information to carry out its legal responsibilities to protect children from abuse or neglect:

      (a) The name of the child;

      (b) The age of the child;

      (c) A physical description of the child; and

      (d) A photograph of the child.

      2.  Information provided pursuant to subsection 1 is not confidential and may be disclosed to any member of the general public upon request.

      3.  An agency which provides child welfare services that receives information concerning a child who has been placed in the custody of the agency who is missing, including, without limitation, a child who has run away or has been abducted, shall report the information to the appropriate law enforcement agency as soon as practicable, but not later than 24 hours after receiving such information, for investigation pursuant to NRS 432.200.

      Sec. 5. NRS 432B.190 is hereby amended to read as follows:

      432B.190  The Division of Child and Family Services shall, in consultation with each agency which provides child welfare services, adopt:

 


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      1.  Regulations establishing reasonable and uniform standards for:

      (a) Child welfare services provided in this State;

      (b) Programs for the prevention of abuse or neglect of a child and the achievement of the permanent placement of a child;

      (c) The development of local councils involving public and private organizations;

      (d) Reports of abuse or neglect, records of these reports and the response to these reports;

      (e) Carrying out the provisions of NRS 432B.260, including, without limitation, the qualifications of persons with whom agencies which provide child welfare services enter into agreements to provide services to children and families;

      (f) The management and assessment of reported cases of abuse or neglect;

      (g) The protection of the legal rights of parents and children;

      (h) Emergency shelter for a child;

      (i) The prevention, identification and correction of abuse or neglect of a child in residential institutions;

      (j) Developing and distributing to persons who are responsible for a child’s welfare a pamphlet that is written in language which is easy to understand, is available in English and in any other language the Division determines is appropriate based on the demographic characteristics of this State and sets forth:

             (1) Contact information regarding persons and governmental entities which provide assistance to persons who are responsible for the welfare of children, including, without limitation, persons and entities which provide assistance to persons who are being investigated for allegedly abusing or neglecting a child;

             (2) The procedures for taking a child for placement in protective custody; and

            (3) The state and federal legal rights of:

                   (I) A person who is responsible for a child’s welfare and who is the subject of an investigation of alleged abuse or neglect of a child, including, without limitation, the legal rights of such a person at the time an agency which provides child welfare services makes initial contact with the person in the course of the investigation and at the time the agency takes the child for placement in protective custody, and the legal right of such a person to be informed of any allegation of abuse or neglect of a child which is made against the person at the initial time of contact with the person by the agency; and

                   (II) Persons who are parties to a proceeding held pursuant to NRS 432B.410 to 432B.590, inclusive, during all stages of the proceeding; and

      (k) Making the necessary inquiries required pursuant to NRS 432B.397 to determine whether a child is an Indian child.

      2.  Regulations, which are applicable to any person who is authorized to place a child in protective custody without the consent of the person responsible for the child’s welfare, setting forth reasonable and uniform standards for establishing whether immediate action is necessary to protect the child from injury, abuse or neglect for the purposes of determining whether to place the child into protective custody pursuant to NRS 432B.390. Such standards must consider the potential harm to the child in remaining in his or her home, including, without limitation:

 


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      (a) Circumstances in which a threat of harm suggests that a child is in imminent danger of serious harm.

      (b) The conditions or behaviors of the child’s family which threaten the safety of the child who is unable to protect himself or herself and who is dependent on others for protection, including, without limitation, conditions or behaviors that are beyond the control of the caregiver of the child and create an imminent threat of serious harm to the child.

Ê The Division of Child and Family Services shall ensure that the appropriate persons or entities to whom the regulations adopted pursuant to this subsection apply are provided with a copy of such regulations. As used in this subsection, “serious harm” includes the threat or evidence of serious physical injury, sexual abuse, significant pain or mental suffering, extreme fear or terror, extreme impairment or disability, death, substantial impairment or risk of substantial impairment to the child’s mental or physical health or development.

      3.  Regulations establishing procedures for:

      (a) Expeditiously locating any missing child who has been placed in the custody of an agency which provides child welfare services;

      (b) Determining the primary factors that contributed to a child who has been placed in the custody of an agency which provides child welfare services running away or otherwise being absent from foster care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; and

      (c) Determining the experiences of a child who has been placed in the custody of an agency which provides child welfare services during any period the child was missing, including, without limitation, determining whether the child may be a victim of sexual abuse or sexual exploitation.

      4.  Such other regulations as are necessary for the administration of NRS 432B.010 to 432B.606, inclusive.

      Sec. 6. NRS 432B.590 is hereby amended to read as follows:

      432B.590  1.  Except as otherwise provided in NRS 432B.513, the court shall hold a hearing concerning the permanent placement of a child:

      (a) Not later than 12 months after the initial removal of the child from the home of the child and annually thereafter.

      (b) Within 30 days after making any of the findings set forth in subsection 3 of NRS 432B.393.

Ê Notice of this hearing must be given by registered or certified mail to all the persons to whom notice must be given pursuant to subsection 6 of NRS 432B.580.

      2.  The court may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 1 a right to be heard at the hearing.

      3.  At the hearing, the court shall review any plan for the permanent placement of the child adopted pursuant to NRS 432B.553 and, if the goal of the plan is a permanent living arrangement other than reunification with his or her parents, placement for adoption, placement with a legal guardian or placement with a relative, ask the child about his or her desired permanent [and determine:] living arrangement. After doing so, the court must determine:

      (a) Whether the agency with legal custody of the child has made the reasonable efforts required by subsection 1 of NRS 432B.553;

      (b) Whether, and if applicable when:

 


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             (1) The child should be returned to the parents of the child or placed with other relatives;

             (2) It is in the best interests of the child to:

                   (I) Initiate proceedings to terminate parental rights pursuant to chapter 128 of NRS so that the child can be placed for adoption;

                   (II) Initiate proceedings to establish a guardianship pursuant to chapter 159 of NRS; or

                   (III) Establish a guardianship in accordance with NRS 432B.466 to 432B.468, inclusive; or

             (3) The agency with legal custody of the child has produced documentation of its conclusion that there is a compelling reason for the placement of [the] a child who has attained the age of 16 years in another permanent living arrangement;

      (c) If the child will not be returned to the parents of the child, whether the agency with legal custody of the child fully considered placement options both within and outside of this State;

      (d) If the child has attained the age of [16] 14 years, whether the child will receive the services needed to assist the child in transitioning to independent living; and

      (e) If the child has been placed outside of this State, whether the placement outside of this State continues to be appropriate for and in the best interests of the child.

[Ê]

      4.  The court shall prepare an explicit statement of the facts upon which each of its determinations is based [.] pursuant to subsection 3. If the court determines that it is not in the best interests of the child to be returned to his or her parents, or to be placed for adoption, with a legal guardian or with a relative, the court must include compelling reasons for this determination and an explanation of those reasons in its statement of the facts.

      5.  If the court determines that it is in the best interests of the child to terminate parental rights, the court shall use its best efforts to ensure that the procedures required by chapter 128 of NRS are completed within 6 months after the date the court makes that determination, including, without limitation, appointing a private attorney to expedite the completion of the procedures.

      6.  The provisions of this [subsection] section do not limit the jurisdiction of the court to review any decisions of the agency with legal custody of the child regarding the permanent placement of the child.

      [4.]7.  If a child has been placed outside of the home and has resided outside of the home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights.

      [5.]8.  This hearing may take the place of the hearing for review required by NRS 432B.580.

      [6.]9.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

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

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ê2015 Statutes of Nevada, Page 860ê

 

CHAPTER 180, AB 362

Assembly Bill No. 362–Assemblywoman Swank

 

CHAPTER 180

 

[Approved: May 25, 2015]

 

AN ACT relating to domestic relations; authorizing a party in certain domestic relations actions to file a postjudgment motion to obtain adjudication of certain property and liabilities that were omitted from the final decree or judgment as the result of fraud or mistake; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, in granting a divorce, a court must, to the extent practicable, make an equal disposition of the community property of the parties, unless the action is contrary to a valid premarital agreement between the parties or the court makes written findings setting forth a compelling reason for making an unequal disposition of the community property. (NRS 125.150) The Nevada Supreme Court has held that under Rule 60(b) of the Nevada Rules of Civil Procedure, relief from a divorce decree dividing community property between the parties may be obtained by: (1) filing within 6 months after the final decree a motion for relief or modification from the decree because of mistake, newly discovered evidence or fraud; or (2) showing exceptional circumstances justifying equitable relief in an independent civil action. (Kramer v. Kramer, 96 Nev. 759, 762 (1980); Amie v. Amie, 106 Nev. 541, 542 (1990)) In Doan v. Wilkerson, 130 Nev. Adv. Op. 48, 328 P.3d 498 (2014), the Nevada Supreme Court held that exceptional circumstances justifying equitable relief do not exist when a particular item of community property was disclosed and considered in a divorce action but omitted from the divorce decree.

      This bill authorizes a party in an action for divorce, separate maintenance or annulment to file a postjudgment motion to obtain an adjudication of any community property or liability that was omitted from the final decree or judgment as the result of fraud or mistake. Under this bill, such a motion must be filed within 3 years after the aggrieved party discovers the facts constituting the fraud or mistake. This bill further provides that the court has continuing jurisdiction to hear such a motion and must make an equal disposition of the omitted community property or liability unless the court finds that certain exceptions apply.

 

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 125.150 is hereby amended to read as follows:

      125.150  Except as otherwise provided in NRS 125.155 and unless the action is contrary to a premarital agreement between the parties which is enforceable pursuant to chapter 123A of NRS:

      1.  In granting a divorce, the court:

      (a) May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and

      (b) Shall, to the extent practicable, make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

 


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deems just if the court finds a compelling reason to do so and sets forth in writing the reasons for making the unequal disposition.

      2.  Except as otherwise provided in this subsection, in granting a divorce, the court shall dispose of any property held in joint tenancy in the manner set forth in subsection 1 for the disposition of community property. If a party has made a contribution of separate property to the acquisition or improvement of property held in joint tenancy, the court may provide for the reimbursement of that party for his or her contribution. The amount of reimbursement must not exceed the amount of the contribution of separate property that can be traced to the acquisition or improvement of property held in joint tenancy, without interest or any adjustment because of an increase in the value of the property held in joint tenancy. The amount of reimbursement must not exceed the value, at the time of the disposition, of the property held in joint tenancy for which the contribution of separate property was made. In determining whether to provide for the reimbursement, in whole or in part, of a party who has contributed separate property, the court shall consider:

      (a) The intention of the parties in placing the property in joint tenancy;

      (b) The length of the marriage; and

      (c) Any other factor which the court deems relevant in making a just and equitable disposition of that property.

Ê As used in this subsection, “contribution” includes, without limitation, a down payment, a payment for the acquisition or improvement of property, and a payment reducing the principal of a loan used to finance the purchase or improvement of property. The term does not include a payment of interest on a loan used to finance the purchase or improvement of property, or a payment made for maintenance, insurance or taxes on property.

      3.  A party may file a postjudgment motion in any action for divorce, annulment or separate maintenance to obtain adjudication of any community property or liability omitted from the decree or judgment as the result of fraud or mistake. A motion pursuant to this subsection must be filed within 3 years after the discovery by the aggrieved party of the facts constituting the fraud or mistake. The court has continuing jurisdiction to hear such a motion and shall equally divide the omitted community property or liability between the parties unless the court finds that:

      (a) The community property or liability was included in a prior equal disposition of the community property of the parties or in an unequal disposition of the community property of the parties which was made pursuant to written findings of a compelling reason for making that unequal disposition; or

      (b) The court determines a compelling reason in the interests of justice to make an unequal disposition of the community property or liability and sets forth in writing the reasons for making the unequal disposition.

Ê If a motion pursuant to this subsection results in a judgment dividing a defined benefit pension plan, the judgment may not be enforced against an installment payment made by the plan more than 6 years after the installment payment.

      4.  Except as otherwise provided in NRS 125.141, whether or not application for suit money has been made under the provisions of NRS 125.040, the court may award a reasonable attorney’s fee to either party to an action for divorce.

 


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      [4.]5.  In granting a divorce, the court may also set apart such portion of the husband’s separate property for the wife’s support, the wife’s separate property for the husband’s support or the separate property of either spouse for the support of their children as is deemed just and equitable.

      [5.]6.  In the event of the death of either party or the subsequent remarriage of the spouse to whom specified periodic payments were to be made, all the payments required by the decree must cease, unless it was otherwise ordered by the court.

      [6.]7.  If the court adjudicates the property rights of the parties, or an agreement by the parties settling their property rights has been approved by the court, whether or not the court has retained jurisdiction to modify them, the adjudication of property rights, and the agreements settling property rights, may nevertheless at any time thereafter be modified by the court upon written stipulation signed and acknowledged by the parties to the action, and in accordance with the terms thereof.

      [7.]8.  If a decree of divorce, or an agreement between the parties which was ratified, adopted or approved in a decree of divorce, provides for specified periodic payments of alimony, the decree or agreement is not subject to modification by the court as to accrued payments. Payments pursuant to a decree entered on or after July 1, 1975, which have not accrued at the time a motion for modification is filed may be modified upon a showing of changed circumstances, whether or not the court has expressly retained jurisdiction for the modification. In addition to any other factors the court considers relevant in determining whether to modify the order, the court shall consider whether the income of the spouse who is ordered to pay alimony, as indicated on the spouse’s federal income tax return for the preceding calendar year, has been reduced to such a level that the spouse is financially unable to pay the amount of alimony the spouse has been ordered to pay.

      [8.]9.  In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider:

      (a) The financial condition of each spouse;

      (b) The nature and value of the respective property of each spouse;

      (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030;

      (d) The duration of the marriage;

      (e) The income, earning capacity, age and health of each spouse;

      (f) The standard of living during the marriage;

      (g) The career before the marriage of the spouse who would receive the alimony;

      (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage;

      (i) The contribution of either spouse as homemaker;

 

 

 

 

 

 


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      (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and

      (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.

      [9.]10.  In granting a divorce, the court shall consider the need to grant alimony to a spouse for the purpose of obtaining training or education relating to a job, career or profession. In addition to any other factors the court considers relevant in determining whether such alimony should be granted, the court shall consider:

      (a) Whether the spouse who would pay such alimony has obtained greater job skills or education during the marriage; and

      (b) Whether the spouse who would receive such alimony provided financial support while the other spouse obtained job skills or education.

      [10.]11.  If the court determines that alimony should be awarded pursuant to the provisions of subsection [9:] 10:

      (a) The court, in its order, shall provide for the time within which the spouse who is the recipient of the alimony must commence the training or education relating to a job, career or profession.

      (b) The spouse who is ordered to pay the alimony may, upon changed circumstances, file a motion to modify the order.

      (c) The spouse who is the recipient of the alimony may be granted, in addition to any other alimony granted by the court, money to provide for:

             (1) Testing of the recipient’s skills relating to a job, career or profession;

             (2) Evaluation of the recipient’s abilities and goals relating to a job, career or profession;

             (3) Guidance for the recipient in establishing a specific plan for training or education relating to a job, career or profession;

             (4) Subsidization of an employer’s costs incurred in training the recipient;

             (5) Assisting the recipient to search for a job; or

             (6) Payment of the costs of tuition, books and fees for:

                   (I) The equivalent of a high school diploma;

                   (II) College courses which are directly applicable to the recipient’s goals for his or her career; or

                   (III) Courses of training in skills desirable for employment.

      [11.]12.  For the purposes of this section, a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony shall be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony. As used in this subsection, “gross monthly income” has the meaning ascribed to it in NRS 125B.070.

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ê2015 Statutes of Nevada, Page 864ê

 

CHAPTER 181, AB 371

Assembly Bill No. 371–Assemblymen Stewart; Hickey and Woodbury

 

CHAPTER 181

 

[Approved: May 25, 2015]

 

AN ACT relating to evidence; authorizing a law enforcement agency to destroy certain physical evidence under certain conditions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a law enforcement agency that has seized a substance that is alleged to be a controlled substance, dangerous drug or immediate precursor may destroy a part of the substance if the agency obtains the prior approval of the district court in the county in which a defendant is charged in connection with the substance. (NRS 52.395) Section 1.5 of this bill exempts from the applicability of those provisions any substance that is alleged to be marijuana.

      Section 1 of this bill establishes new procedures for the retention and destruction of certain quantities of any substance that is alleged to be marijuana which has been seized as evidence by a law enforcement agency. Section 1 authorizes a law enforcement agency that has seized such a substance to destroy any amount of the substance that exceeds 10 pounds without court approval if the law enforcement agency: (1) weighs the substance; (2) takes and retains certain samples of the substance for evidentiary purposes; and (3) takes photographs that reasonably demonstrate the total amount of the substance.

 

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

      Except as otherwise provided in NRS 453A.400:

      1.  At any time after a substance which is alleged to be marijuana is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, without the prior approval of the district court in the county in which the defendant is charged, destroy any amount of the substance that exceeds 10 pounds.

      2.  The law enforcement agency must, before destroying the substance pursuant to this section:

      (a) Accurately weigh and record the weight of the substance.

      (b) Take and retain, for evidentiary purposes, at least five random and representative samples of the substance in addition to the amount which is not authorized to be destroyed pursuant to subsection 1. If the substance is alleged to consist of growing or harvested marijuana plants, the 10 pounds retained pursuant to subsection 1 may include stalks, branches, leaves and buds, but the five representative samples must consist of only leaves or buds.

      (c) Take photographs that reasonably demonstrate the total amount of the substance. A sign which clearly and conspicuously shows the title or the case number of the matter, proceeding or action to which the substance relates must appear next to the substance in any photograph taken.

 


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      3.  A law enforcement agency that destroys a substance pursuant to this section shall, not later than 30 days after the destruction of the substance, file an affidavit in the court which has jurisdiction over the pending criminal proceedings, if any, pertaining to that substance. The affidavit must establish that the law enforcement agency has complied with the requirements of subsection 2, specify the date and time of the destruction of the substance and provide the publicly known address of the agency. If there are no criminal proceedings pending which pertain to the substance, the affidavit may be filed in any court within the county which would have jurisdiction over a person against whom such criminal charges might be filed.

      4.  If the substance is finally determined not to be marijuana, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

      5.  The law enforcement agency’s finding as to the weight of any substance alleged to be marijuana and destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

      Sec. 1.5. NRS 52.395 is hereby amended to read as follows:

      52.395  [Except as otherwise provided in NRS 453A.400:]

      1.  When any substance alleged to be a controlled substance, dangerous drug or immediate precursor is seized from a defendant by a peace officer, the law enforcement agency of which the officer is a member may, with the prior approval of the prosecuting attorney, petition the district court in the county in which the defendant is charged to secure permission to destroy a part of the substance.

      2.  Upon receipt of a petition filed pursuant to subsection 1, the district court shall order the substance to be accurately weighed and the weight thereof accurately recorded. The prosecuting attorney or the prosecuting attorney’s representative and the defendant or the defendant’s representative must be allowed to inspect and weigh the substance.

      3.  If after completion of the weighing process the defendant does not knowingly and voluntarily stipulate to the weight of the substance, the district court shall hold a hearing to make a judicial determination of the weight of the substance. The defendant, the defendant’s attorney and any other witness the defendant may designate may be present and testify at the hearing.

      4.  After a determination has been made as to the weight of the substance, the district court may order all of the substance destroyed except that amount which is reasonably necessary to enable each interested party to analyze the substance to determine the composition of the substance. The district court shall order the remaining sample to be sealed and maintained for analysis before trial.

      5.  If the substance is finally determined not to be a controlled substance, dangerous drug or immediate precursor, unless the substance was destroyed pursuant to subsection 7, the owner may file a claim against the county to recover the reasonable value of the property destroyed pursuant to this section.

      6.  The district court’s finding as to the weight of a substance destroyed pursuant to this section is admissible in any subsequent proceeding arising out of the same transaction.

 


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      7.  If at the time that a peace officer seizes from a defendant a substance believed to be a controlled substance, dangerous drug or immediate precursor, the peace officer discovers any material or substance that he or she reasonably believes is hazardous waste, the peace officer may appropriately dispose of the material or substance without securing the permission of a court.

      8.  This section does not apply to any substance that is alleged to be marijuana which is seized from a defendant by a peace officer.

      9.  As used in this section:

      (a) “Dangerous drug” has the meaning ascribed to it in NRS 454.201.

      (b) “Hazardous waste” has the meaning ascribed to it in NRS 459.430.

      (c) “Immediate precursor” has the meaning ascribed to it in NRS 453.086.

      Sec. 2. (Deleted by amendment.)

________

CHAPTER 182, AB 377

Assembly Bill No. 377–Assemblymen O’Neill, Swank, Silberkraus, Hickey, Kirkpatrick; Araujo, Benitez-Thompson, Ellison, Flores, Hambrick, Kirner and Stewart

 

Joint Sponsors: Senators Manendo, Gustavson, Settelmeyer, Kieckhefer and Kihuen

 

CHAPTER 182

 

[Approved: May 25, 2015]

 

AN ACT relating to the Nevada State Prison; requiring the State Land Registrar to determine which structures, buildings and other property of the Prison are appropriate for continued administration by the Department of Corrections and to assign that property to the Silver State Industries Division of the Department; requiring the Registrar to determine which structures, buildings and other property of the Prison are appropriate for administration as a historical, cultural, educational and scientific resource and to assign that property to an appropriate state agency for administration; creating the Silver State Industries Endowment Fund and the Endowment Fund for the Historic Preservation of the Nevada State Prison and prescribing the uses of the money in the Funds; authorizing the Department of Corrections and any other state agency to which an assignment of property of the Prison is made to grant a special use permit or enter into an agreement with a nonprofit corporation relating to commercial and tourist activities at the Prison; requiring the Board of Museums and History to establish a dedicated trust fund for the study and development of certain property of the Prison; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Assembly Bill No. 356 of the 77th Legislative Session encouraged the development of recommendations to preserve the Nevada State Prison for use as a historical, educational and scientific resource for the State of Nevada. The provisions of this bill are based upon the recommendations presented to the Legislature pursuant to Assembly Bill No. 356. Upon notice from the Department of Corrections that the Department has ceased all operational activities at the Prison, section 2 of this bill requires the State Land Registrar, in consultation with Carson City, the Department of Corrections, the Department of Tourism and Cultural Affairs, the State Department of Conservation and Natural Resources and the Nevada State Prison Preservation Society to: (1) determine which property of the Prison is appropriate for continued administration by the Department of Corrections and which property is appropriate for administration as a historical, cultural, educational and scientific resource; and (2) assign for administration the property in the former category to the Silver State Industries Division of the Department of Corrections and the latter property to an appropriate state agency.

      Section 4 of this bill creates the Silver State Industries Endowment Fund, which must be administered by the Silver State Industries Division. Section 4 prescribes the uses of the money in the Fund, which include maintaining the modern structures, buildings and other property of the Prison. Section 4 also requires the State Treasurer, at the end of each fiscal year, to transfer to the Endowment Fund for the Historic Preservation of the Nevada State Prison, created by section 6 of this bill, a portion of the money remaining in the Silver State Industries Endowment Fund. Section 6 creates the Endowment Fund for the Historic Preservation of the Nevada State Prison and requires that the money in the Fund be used to operate, maintain and preserve the historic structures, buildings and other property of the Prison.

      Sections 7 and 10 of this bill authorize the Department of Corrections and any other state agency to which an assignment of the historic property of the Prison is made to grant a special use permit or enter into an agreement with a nonprofit corporation, pursuant to which the corporation is authorized to conduct tours and engage in other activities relating to that property.

      Existing law requires the Board of Museums and History to create and administer the Division of Museums and History Dedicated Trust Fund. (NRS 381.0031, 381.0033) Section 8 of this bill requires the Board to create a similar trust fund for the deposit of certain money that becomes available from grants, donations and gifts to be used for further study and development of the historic property of the Prison. Section 8 requires that the trust fund be administered by the Board in consultation with the state agency to which that property is assigned and the Nevada State Prison Preservation Society or its successor.

 

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

      Sec. 2. As soon as practicable after the date on which the Department of Corrections provides notice to the State Land Registrar that the Department has ceased all operational activities at the Nevada State Prison located on East Fifth Street in Carson City, the State Land Registrar shall:

      1.  Determine, in consultation with Carson City, the Department of Corrections, the Department of Tourism and Cultural Affairs, the State Department of Conservation and Natural Resources and the Nevada State Prison Preservation Society:

 


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      (a) Which structures, buildings and other property of the Nevada State Prison, not identified pursuant to paragraph (b), are appropriate for continued administration by the Department of Corrections; and

      (b) Which structures, buildings and other property of the Nevada State Prison are appropriate for administration as a historical, cultural, educational and scientific resource.

      2.  Assign for administration, in accordance with the determinations made pursuant to subsection 1, the structures, buildings and other property of the Nevada State Prison described in:

      (a) Paragraph (a) of that subsection to the Silver State Industries Division of the Department of Corrections.

      (b) Paragraph (b) of that subsection to an appropriate state agency among those identified in that subsection or any other appropriate state agency.

      Sec. 3.  (Deleted by amendment.)

      Sec. 4. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Silver State Industries Endowment Fund is hereby created as a trust fund in the State Treasury.

      2.  The State Treasurer shall deposit in the Fund:

      (a) Any money received from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison; and

      (b) Any gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.

Ê The money described in paragraphs (a) and (b) must be accounted for separately.

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

      4.  The Fund must be administered by the Silver State Industries Division of the Department.

      5.  Except as otherwise provided in subsection 6, the money in the Fund must only be used for the purposes set forth in this subsection. The money which represents the reserved principal of the Fund, in an amount not to exceed $100,000, must not be spent and, except as otherwise provided in subsection 6, only the money which represents the principal in excess of $100,000 and the interest earned on the principal may be used to carry out the provisions of this section. The Silver State Industries Division may use:

      (a) In addition to any interest earned on the principal of the Fund, not more than 50 percent of the money received during a fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison for the maintenance of the modern structures, buildings and other property of the Nevada State Prison; and

      (b) Not more than 10 percent of the interest earned on the principal of the Fund to pay administrative costs.

      6.  At the end of each fiscal year, the State Treasurer shall transfer from the Silver State Industries Endowment Fund to the Endowment Fund for the Historic Preservation of the Nevada State Prison created by section 6 of this act 50 percent of all the money received during the fiscal year from any commercial or correctional activities relating to the use of the modern structures, buildings and other property of the Nevada State Prison and deposited into and remaining in the Silver State Industries Endowment Fund.

 


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ê2015 Statutes of Nevada, Page 869 (Chapter 182, AB 377)ê

 

modern structures, buildings and other property of the Nevada State Prison and deposited into and remaining in the Silver State Industries Endowment Fund. The State Treasurer shall not transfer the reserved principal of the Silver State Industries Endowment Fund or any interest earned on the principal.

      7.  As used in this section, “modern structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (a) of subsection 1 of section 2 of this act.

      Sec. 5.Chapter 381 of NRS is hereby amended by adding thereto the provisions set forth as sections 6, 7 and 8 of this act.

      Sec. 6.  1.  The Endowment Fund for the Historic Preservation of the Nevada State Prison is hereby created as a trust fund in the State Treasury.

      2.  The State Treasurer shall deposit in the Fund:

      (a) Any money received from any commercial or tourist enterprises relating to the use of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource, except for any administrative expenses of a nonprofit corporation retained by the corporation pursuant to section 7 of this act.

      (b) At the end of each fiscal year, the money required by subsection 6 of section 4 of this act to be transferred from the Silver State Industries Endowment Fund created by that section, other than the money which represents the reserved principal of the Silver State Industries Endowment Fund.

      (c) Any other gifts, grants or donations of money the State Treasurer receives from any person who wishes to contribute to the Fund.

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

      4.  The Fund must be administered by the agency to which the historic structures, buildings and other property of the Nevada State Prison are assigned for administration pursuant to section 2 of this act, in consultation with the Board and the Nevada State Prison Preservation Society or its successor.

      5.  The money in the Fund must only be used for the purposes of the operation, maintenance and preservation of the historic structures, buildings and other property of the Nevada State Prison as a historical, cultural, educational and scientific resource. The money which represents the reserved principal of the Fund, in an amount not to exceed $100,000, must not be spent, and only the money which represents the principal in excess of $100,000 and the interest earned on the principal may be used to carry out the provisions of this section. The agency that administers the Fund may use not more than 10 percent of the interest earned on the principal of the Fund to pay administrative costs.

      Sec. 7. 1.  The Department of Corrections and, as soon as practicable after the date of the assignment, any other state agency that receives an assignment from the State Land Registrar of the historic structures, buildings and other property of the Nevada State Prison pursuant to section 2 of this act may grant a special use permit to or enter into an agreement with the Nevada State Prison Preservation Society, or any successor or similar nonprofit corporation, authorizing the corporation to conduct tours and engage in other commercial and tourist activities relating to the historic structures, buildings and other property of the Nevada State Prison.

 


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ê2015 Statutes of Nevada, Page 870 (Chapter 182, AB 377)ê

 

corporation to conduct tours and engage in other commercial and tourist activities relating to the historic structures, buildings and other property of the Nevada State Prison.

      2.  Any permit or agreement granted or entered into pursuant to this section must:

      (a) Be for a term of 2 years;

      (b) Be renewable as provided in the permit or agreement;

      (c) Authorize the corporation to charge and collect reasonable fees or solicit and collect donations for its activities;

      (d) Require the corporation to pay the income from such fees and donations, less the reasonable administrative expenses incurred by the corporation, to the State Treasurer for deposit in the Endowment Fund for the Historic Preservation of the Nevada State Prison created by section 6 of this act; and

      (e) Provide that any income received by the corporation from membership fees, the sale of merchandise of the corporation or donations made to the corporation for purposes other than entry into or tours of the historic structures, buildings and other property at the Nevada State Prison belong solely to the corporation.

      Sec. 8. 1.  The Board shall establish a dedicated trust fund for the deposit of any money that becomes available from any public or private donation, sponsorship, gift or grant, other than:

      (a) A grant of federal money; or

      (b) Any money described in section 6 of this act.

      2.  The money in the trust fund established pursuant to this section must be used only for the further study and development of the historic structures, buildings and other property of the Nevada State Prison.

      3.  The trust fund established pursuant to this section must be administered by the Board in the manner provided by NRS 381.002 to 381.0037, inclusive, for the Division of Museums and History Dedicated Trust Fund established pursuant to NRS 381.0031, except that the trust fund established pursuant to this section must be administered in consultation with the agency to which the administration of the historic structures, buildings and other property of the Nevada State Prison is assigned pursuant to section 2 of this act and the Nevada State Prison Preservation Society or its successor.

      Sec. 9. NRS 381.001 is hereby amended to read as follows:

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

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

      2.  “Board” means the Board of Museums and History.

      3.  “Department” means the Department of Tourism and Cultural Affairs.

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

      5.  “Division” means the Division of Museums and History of the Department.

      6.  “Historic structures, buildings and other property of the Nevada State Prison” means the structures, buildings and other property described in paragraph (b) of subsection 1 of section 2 of this act.

      7.  “Institution” means an institution of the Division established pursuant to NRS 381.004.

 


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ê2015 Statutes of Nevada, Page 871 (Chapter 182, AB 377)ê

 

      [7.]8.  “Museum director” means the executive director of an institution of the Division appointed by the Administrator pursuant to NRS 381.0062.

      Sec. 10.  As soon as practicable after July 1, 2015, the Department of Corrections:

      1.  Shall begin to consult periodically with Carson City, the Department of Tourism and Cultural Affairs, the State Department of Conservation and Natural Resources and the Nevada State Prison Preservation Society to plan for the conversion of the Nevada State Prison located on East Fifth Street in Carson City into a historical, cultural, educational and scientific destination.

      2.  May grant a special use permit or enter into an agreement pursuant to section 7 of this act.

      Sec. 11.  This act becomes effective on July 1, 2015.

________

CHAPTER 183, AB 384

Assembly Bill No. 384–Assemblywomen Swank, Joiner, Kirkpatrick and Carlton

 

CHAPTER 183

 

[Approved: May 25, 2015]

 

AN ACT relating to the Legislature; establishing the Nevada Legislature Oral History Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 2007, the Legislature appropriated money to enable the Research Division of the Legislative Counsel Bureau to create an oral history of the Nevada Legislature. (Section 17 of chapter 345, Statutes of Nevada 2007, p. 1605) This bill establishes the Nevada Legislature Oral History Program in statute to provide for the ongoing conduct and preservation of oral histories of current and former Legislators. The Program is required to be administered by the Research Division.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 218A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Nevada Legislature Oral History Program is hereby established, to be administered by the Research Division.

      2.  Within the limits of money available, the Research Division shall cause the conduct and preservation of oral histories of current and former Legislators.

      3.  The Research Division shall:

      (a) Prepare a plan setting forth any oral histories proposed to be conducted during a biennium and submit the plan to the Legislative Commission for its approval.

 


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ê2015 Statutes of Nevada, Page 872 (Chapter 183, AB 384)ê

 

      (b) With the approval of the Legislative Commission, adopt procedures for the conduct and preservation of the oral histories and any related materials, including, without limitation, books, papers, documents, records, photographs and recordings.

      (c) With the approval of the Legislative Commission, adopt policies:

             (1) Governing the acceptance by the Research Division of oral histories of current and former Legislators and any related materials submitted by any person or public or private entity. Such policies must include, without limitation, policies relating to the format for submitting, and the standards for the acceptance of, such an oral history and any related materials.

             (2) Governing the release to the public of oral histories conducted or accepted pursuant to this section and any related materials.

             (3) Governing the transfer of oral histories conducted or accepted pursuant to this section and any related materials to the Division of State Library and Archives of the Department of Administration pursuant to subsection 6.

             (4) Necessary to carry out the Program.

      4.  The Director may accept any gifts, grants or donations for the support of the Program. All money received for the Program pursuant to this subsection must be credited to the Legislative Fund. The Legislative Counsel Bureau shall maintain separate accounting records for the receipt and expenditure of that money.

      5.  An oral history conducted or accepted for the Program pursuant to this section and any related materials are confidential and may only be released to the public pursuant to the policy adopted pursuant to subsection 3.

      6.  The Research Division may transfer an oral history conducted or accepted for the Program pursuant to this section and any related materials to the Division of State Library and Archives of the Department of Administration for preservation.

      7.  On or before September 1 of each even-numbered year, for the biennium ending June 30 of such year, the Research Division shall submit a report to the Legislative Commission concerning the activities of the Program during that biennium.

      Sec. 2.  NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.

 


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ê2015 Statutes of Nevada, Page 873 (Chapter 183, AB 384)ê

 

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, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and section 1 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.

 


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ê2015 Statutes of Nevada, Page 874 (Chapter 183, AB 384)ê

 

      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.

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 3. NRS 378.240 is hereby amended to read as follows:

      378.240  The State Library and Archives Administrator shall, within the limits of legislative appropriations:

      1.  Maintain and properly equip safe and secure premises and vaults at the seat of government for the preservation and use of material deposited in the archives.

      2.  Employ persons in the classified service of the State to preserve, index and aid in the use of material deposited in the archives.

      3.  Give an appropriate receipt for material received by him or her for the archives.

      4.  Subject to the provisions of NRS 378.310 and subsection 4 of NRS 239.090, make material deposited in the archives readily available for use.

      5.  Receive into the archives any material when directed to do so by the Committee to Approve Schedules for the Retention and Disposition of Official State Records created pursuant to NRS 239.073.

      6.  Receive into the archives and preserve oral histories of current and former Legislators and any related materials transferred from the Research Division of the Legislative Counsel Bureau pursuant to section 1 of this act.

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

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ê2015 Statutes of Nevada, Page 875ê

 

CHAPTER 184, AB 391

Assembly Bill No. 391–Assemblymen Hickey, Dickman; Joiner, Kirner and Sprinkle

 

CHAPTER 184

 

[Approved: May 25, 2015]

 

AN ACT relating to taxation; revising the provisions governing the exemption from property taxes of certain property used for religious worship; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Constitution authorizes the Legislature to exempt from taxation property used for charitable purposes. (Nev. Const. Art. 10, § 1) Existing law exempts from taxation churches, chapels other than marriage chapels, parsonages and other buildings used for religious worship, including their furniture and equipment and the lots on which they stand. If any such property is used in whole or in part for any purpose other than a church purpose and rent or consideration is received for that use, the property is required to be taxed under existing law. (NRS 361.125) This bill exempts from taxation parcels of land that are used exclusively for worship, including both developed and undeveloped portions of a parcel.

 

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 361.125 is hereby amended to read as follows:

      361.125  1.  Except as otherwise provided in subsection 2 [, churches,] :

      (a) Churches, chapels, other than marriage chapels, and other buildings used for religious worship, with their furniture and equipment, and the lots of ground on which they stand, used therewith and necessary thereto [,] ; and

      (b) Parcels of land used exclusively for worship, including, without limitation, both developed and undeveloped portions of a parcel,

Ê owned by some recognized religious society or corporation, and parsonages so owned, are exempt from taxation.

      2.  Except as otherwise provided in NRS 361.157, when any such property is used exclusively or in part for any other than church purposes, and a rent or other valuable consideration is received for its use, the property must be taxed.

      3.  The exemption provided by this section must be prorated for the portion of a fiscal year during which the religious society or corporation owns the real property. For the purposes of this subsection, ownership of property purchased begins on the date of recording of the deed to the purchaser.

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

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CHAPTER 185, AB 425

Assembly Bill No. 425–Committee on Health and Human Services

 

CHAPTER 185

 

[Approved: May 25, 2015]

 

AN ACT relating to emergency medical services; revising the composition of the Committee on Emergency Medical Services; making provisions governing providers of health care applicable to persons who are licensed as attendants or certified as emergency medical technicians, advanced emergency medical technicians or paramedics; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Committee on Emergency Medical Services, consisting of nine members appointed by the State Board of Health. The Board is required to appoint one member who is a volunteer firefighter. (NRS 450B.151) Section 1 of this bill requires the Board to appoint a member who is a volunteer for an organization that provides emergency medical services instead of a volunteer firefighter.

      Existing law also requires the Board to appoint one member of the Committee who is employed by a fire-fighting agency at which some of the firefighters are employed and some are volunteers. (NRS 450B.151) Section 1 expands this to a member employed by a fire-fighting agency at which some firefighters and some persons who provide emergency medical services for the agency are employed and some are volunteers.

      Existing law defines “provider of health care” for the purpose of provision relating to healing arts as person who practices any of certain health-related professions. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for the retention of patient records, requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.051, 629.071, 629.076, 629.078) Section 2 of this bill includes persons who are licensed as attendants or certified as emergency medical technicians, advanced emergency medical technicians or paramedics in this definition of “provider of health care,” which has the effect of making these requirements applicable to such providers of emergency medical services. Existing law also includes the definition of “provider of health care” by reference in various other provisions, including provisions concerning admissibility of the testimony of hypnotized witnesses, power of attorney, practice during declared emergencies, investigations conducted concerning facilities for long-term care, confidentiality of reports and referrals relating to maternal health, payments by insurance, drug donation programs, release of the results of certain laboratory tests, interpreters and realtime captioning providers and the Silver State Health Insurance Exchange. (NRS 48.039, 162A.790, 415A.210, 427A.145, 442.395, 449.2475, chapter 453B of NRS, NRS 652.193, chapters 656A and 695I of NRS) By expanding the definition of “provider of health care,” this bill expands this definition for those other provisions, thereby including persons who are licensed as attendants or certified as emergency medical technicians, advanced emergency medical technicians or paramedics as providers of health care for the purposes of those provisions.

 


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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 450B.151 is hereby amended to read as follows:

      450B.151  1.  The Committee on Emergency Medical Services, consisting of nine members appointed by the State Board of Health, is hereby created.

      2.  Upon request of the State Board of Health, employee associations that represent persons that provide emergency medical services, including, without limitation, physicians and nurses that provide emergency medical services, emergency medical technicians, ambulance attendants, firefighters, fire chiefs and employees of rural hospitals, shall submit to the State Board of Health written nominations for appointments to the Committee.

      3.  After considering the nominations submitted pursuant to subsection 2, the State Board of Health shall appoint to the Committee:

      (a) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS and who has experience providing emergency medical services;

      (b) One member who is a registered nurse and who has experience providing emergency medical services;

      (c) One member who is a volunteer [firefighter;] for an organization that provides emergency medical services pursuant to this chapter;

      (d) One member who is employed by a fire-fighting agency at which some of the firefighters and persons who provide emergency medical services for the agency are employed and some serve as volunteers;

      (e) One member who is employed by an urban fire-fighting agency;

      (f) One member who is employed by or serves as a volunteer with a medical facility that is located in a rural area and that provides emergency medical services;

      (g) One member who is employed by an organization that provides emergency medical services in an air ambulance and whose duties are closely related to such emergency medical services;

      (h) One member who is employed by a privately owned entity that provides emergency medical services; and

      (i) One member who is employed by an operator of a service which is:

             (1) Provided for the benefit of the employees of an industry who become sick or are injured at the industrial site; and

             (2) Staffed by employees who are licensed attendants and perform emergency medical services primarily for the industry.

      4.  In addition to the members set forth in subsection 3, the following persons are ex officio members of the Committee:

      (a) An employee of the Division, appointed by the Administrator of the Division, whose duties relate to administration and enforcement of the provisions of this chapter;

      (b) The county health officer appointed pursuant to NRS 439.290 in each county whose population is 100,000 or more, or the county health officer’s designee;

      (c) A physician who is a member of a committee which consists of directors of trauma centers in this State and who is nominated by that committee; and

 


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      (d) A representative of a committee or group which focuses on provision of emergency medical services to children in this State and who is nominated by that committee or group.

      5.  The term of each member appointed by the State Board of Health is 2 years. A member may not serve more than two consecutive terms but may serve more than two terms if there is a break in service of not less than 2 years.

      6.  The State Board of Health shall not appoint to the Committee two persons who are employed by or volunteer with the same organization, except the State Board of Health may appoint a person who is employed by or volunteers with the same organization of which a member who serves ex officio is an employee.

      7.  Each member of the Committee shall appoint an alternate to serve in the member’s place if the member is temporarily unable to perform the duties required of him or her pursuant to NRS 450B.151 to 450B.154, inclusive.

      8.  A position on the Committee that becomes vacant before the end of the term of the member must be filled in the same manner as the original appointment.

      Sec. 2. NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, registered physical therapist, occupational therapist, podiatric physician, licensed psychologist, licensed marriage and family therapist, licensed clinical professional counselor, music therapist, chiropractor, athletic trainer, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician, person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS, pharmacist, licensed dietitian or a licensed hospital as the employer of any such person.

      2.  For the purposes of NRS 629.051, 629.061, 629.065 and 629.077, the term includes a facility that maintains the health care records of patients.

      3.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 3.  Notwithstanding the provisions of NRS 450B.151, as amended by section 1 of this act, a member of the Committee on Emergency Medical Services who is serving on October 1, 2015, may continue to serve until the expiration of his or her current term. If a position on the Committee becomes vacant on or after October 1, 2015, the vacancy must be filled in the manner provided in NRS 450B.151, as amended by section 1 of this act.

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