[Rev. 10/12/2015 12:48:11 PM]

Link to Page 878

 

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ê2015 Statutes of Nevada, Page 879ê

 

CHAPTER 186, SB 429

Senate Bill No. 429–Committee on Finance

 

CHAPTER 186

 

[Approved: May 25, 2015]

 

AN ACT making a supplemental appropriation to the State Distributive School Account for a shortfall resulting from an unanticipated increase in K-12 enrollment for the 2013-2014 and 2014-2015 school years; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the State Distributive School Account created by NRS 387.030 the sum of $62,026,744 for a shortfall resulting from an unanticipated increase in K-12 enrollment for the 2013-2014 and 2014-2015 school years. This appropriation is supplemental to that made by section 4 of chapter 382, Statutes of Nevada 2013, at page 2056.

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

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CHAPTER 187, AB 465

Assembly Bill No. 465–Committee on Ways and Means

 

CHAPTER 187

 

[Approved: May 25, 2015]

 

AN ACT making a supplemental appropriation to the Department of Public Safety for projected costs for visiting dignitary protection assignments; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Nevada Highway Patrol Division of the Department of Public Safety the sum of $20,000 for projected costs of visiting dignitary protection assignments. This appropriation is supplemental to that made in section 30 of chapter 446, Statutes of Nevada 2013, at page 2600.

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

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ê2015 Statutes of Nevada, Page 880ê

 

CHAPTER 188, AB 442

Assembly Bill No. 442–Committee on Ways and Means

 

CHAPTER 188

 

[Approved: May 25, 2015]

 

AN ACT making a supplemental appropriation to the Office of the Lieutenant Governor for projected payroll and other costs associated with the 2015 Legislative Session; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Office of the Lieutenant Governor the sum of $7,150 for payroll and other costs associated with the 2015 Legislative Session. This appropriation is supplemental to that made in section 3 of chapter 446, Statutes of Nevada 2013, at page 2593.

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

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CHAPTER 189, AB 112

Assembly Bill No. 112–Assemblyman Elliot Anderson

 

CHAPTER 189

 

[Approved: May 25, 2015]

 

AN ACT relating to education; revising the policy for all school districts and public schools to provide a safe and respectful learning environment; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Department of Education is required to prescribe a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying, cyber-bullying and violence. (NRS 388.121-388.145) Section 1 of this bill expands the goals to establish a safe and respectful learning environment in public schools in this State to include ensuring that the quality of instruction is not negatively impacted by poor attitudes or interactions among administrators, principals, teachers or other personnel of a school district. Section 2 of this bill requires the policy prescribed by the Department for all school districts and public schools to provide a safe and respectful learning environment to include methods to promote a positive learning environment.

 


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ê2015 Statutes of Nevada, Page 881 (Chapter 189, AB 112)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 388.132 is hereby amended to read as follows:

      388.132  The Legislature declares that:

      1.  A learning environment that is safe and respectful is essential for the pupils enrolled in the public schools in this State to achieve academic success and meet this State’s high academic standards;

      2.  Any form of bullying or cyber-bullying seriously interferes with the ability of teachers to teach in the classroom and the ability of pupils to learn;

      3.  The use of the Internet by pupils in a manner that is ethical, safe and secure is essential to a safe and respectful learning environment and is essential for the successful use of technology;

      4.  The intended goal of the Legislature is to ensure that:

      (a) The public schools in this State provide a safe and respectful learning environment in which persons of differing beliefs, characteristics and backgrounds can realize their full academic and personal potential;

      (b) All administrators, principals, teachers and other personnel of the school districts and public schools in this State demonstrate appropriate behavior on the premises of any public school by treating other persons, including, without limitation, pupils, with civility and respect and by refusing to tolerate bullying and cyber-bullying; [and]

      (c) The quality of instruction is not negatively impacted by poor attitudes or interactions among administrators, principals, teachers or other personnel of a school district; and

      (d) All persons in public schools are entitled to maintain their own beliefs and to respectfully disagree without resorting to bullying, cyber-bullying or violence; and

      5.  By declaring its goal that the public schools in this State provide a safe and respectful learning environment, the Legislature is not advocating or requiring the acceptance of differing beliefs in a manner that would inhibit the freedom of expression, but is requiring that pupils with differing beliefs be free from abuse.

      Sec. 2. NRS 388.133 is hereby amended to read as follows:

      388.133  1.  The Department shall, in consultation with the boards of trustees of school districts, educational personnel, local associations and organizations of parents whose children are enrolled in public schools throughout this State, and individual parents and legal guardians whose children are enrolled in public schools throughout this State, prescribe by regulation a policy for all school districts and public schools to provide a safe and respectful learning environment that is free of bullying and cyber-bullying.

      2.  The policy must include, without limitation:

      (a) Requirements and methods for reporting violations of NRS 388.135 [;] , including, without limitation, violations among teachers and violations between teachers and administrators, principals and other personnel of a school district; and

 


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ê2015 Statutes of Nevada, Page 882 (Chapter 189, AB 112)ê

 

      (b) A policy for use by school districts to train members of the board of trustees and all administrators, principals, teachers and all other personnel employed by the board of trustees of a school district. The policy must include, without limitation:

             (1) Training in the appropriate methods to facilitate positive human relations among pupils by eliminating the use of bullying and cyber-bullying so that pupils may realize their full academic and personal potential;

             (2) Training in methods to prevent, identify and report incidents of bullying and cyber-bullying;

             (3) Methods to promote a positive learning environment;

             (4) Methods to improve the school environment in a manner that will facilitate positive human relations among pupils; and

             [(4)] (5) Methods to teach skills to pupils so that the pupils are able to replace inappropriate behavior with positive behavior.

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CHAPTER 190, SB 246

Senate Bill No. 246–Senators Settelmeyer and Gustavson

 

Joint Sponsors: Assemblymen Seaman, Titus; and Silberkraus

 

CHAPTER 190

 

[Approved: May 27, 2015]

 

AN ACT relating to alcoholic beverages; authorizing a person who suffers certain injuries relating to alcoholic beverages to bring a civil action for the recovery of damages and attorney’s fees and costs; increasing the quantity of spirits a craft distillery may export to another state; increasing the quantity of spirits that a craft distillery may serve samples of or sell at retail for consumption off the premises; allowing a craft distillery to donate and transport spirits for charitable purposes under certain circumstances; allowing a craft distillery to transfer in bulk certain spirits to a supplier; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law allows a person, subject to certain conditions, to operate a craft distillery and to sell and transport not more than 10,000 cases of spirits to a wholesale dealer of liquor within this State and to manufacture for exportation to another state not more than 20,000 cases of spirits. A craft distillery may also serve samples of and sell the spirits manufactured at the craft distillery on the premises of the craft distillery. Such samples must not exceed 2 ounces per person, per day, and such sales must not exceed 2 bottles of spirits per person, per month. (NRS 597.235) Section 1.7 of this bill increases the quantity of spirits which a craft manufacturer may manufacture for export to another state to 40,000 cases of spirits. Section 1.7 also allows a craft distillery to serve samples, not to exceed 4 ounces per person, per day, of the spirits manufactured at the craft distillery, and increases the quantity of spirits that may be sold to a person at retail for off-premises consumption from 2 bottles per month to 1 case of spirits per month, not to exceed 6 cases in a year. Section 1.7 authorizes a craft distillery to donate and transport spirits manufactured at the craft distillery for charitable or nonprofit purposes or to transfer certain bulk spirits to another supplier. Such a charitable donation or bulk transfer is not included in the 10,000 cases per year that a craft distillery is permitted to sell and transport within this State.

 


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ê2015 Statutes of Nevada, Page 883 (Chapter 190, SB 246)ê

 

the 10,000 cases per year that a craft distillery is permitted to sell and transport within this State. Section 1 of this bill creates a civil cause of action for a person damaged by certain violations of existing law relating to the manufacturing, importing, wholesaling and retailing of alcoholic beverages.

 

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

      1.  A person who has suffered injury, including, without limitation, economic damage, as the proximate result of a violation of the provisions of this section and NRS 597.190 to 597.245, inclusive, may bring a civil action against the person who committed the violation to recover:

      (a) For the first violation, $100 plus the injured person’s actual damages, attorney’s fees and costs, if any.

      (b) For the second violation, $250 plus the injured person’s actual damages, attorney’s fees and costs, if any.

      (c) For the third and any subsequent violation, $500 plus the injured person’s actual damages, attorney’s fees and costs, if any, and any punitive damages that the facts may warrant.

      2.  Any person, including, without limitation, a director, officer, agent or employee of the person, who knowingly violates or knowingly aids or assists in the violation of any provision of this section and NRS 597.190 to 597.245, inclusive, is liable under this section.

      3.  Except as otherwise provided in NRS 597.157, 597.170 and 597.260, and in addition to any legal action brought pursuant to NRS 597.262, the provisions of this section do not preclude a person from seeking any other legal remedy available.

      Sec. 1.3. NRS 597.200 is hereby amended to read as follows:

      597.200  As used in NRS 597.190 to 597.250, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Alcoholic beverage” means any malt beverage or spirituous, vinous or malt liquor which contains 1 percent or more ethyl alcohol by volume.

      2.  “Brew pub” means an establishment which manufactures malt beverages and sells those malt beverages at retail pursuant to the provisions of NRS 597.230.

      3.  “Craft distillery” means an establishment which:

      (a) Manufactures distilled spirits from agricultural raw materials through distillation; and

      (b) Is authorized to sell those distilled spirits pursuant to the provisions of this chapter.

      4.  “Distillation” means the process of producing or purifying spirituous liquor by successive evaporation and condensation.

      5.  “Engage in” includes participation in a business as an owner or partner, or through a subsidiary, affiliate, ownership equity or in any other manner.

      6.  “Instructional wine-making facility” means an instructional wine-making facility operated pursuant to NRS 597.245.

      7.  “Legal age” means the age at which a person is legally permitted to purchase an alcoholic beverage pursuant to NRS 202.020.

 


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ê2015 Statutes of Nevada, Page 884 (Chapter 190, SB 246)ê

 

      8.  “Malt beverage” means beer, ale, porter, stout and other similar fermented beverages of any name or description, brewed or produced from malt, wholly or in part.

      9.  “Supplier” has the meaning ascribed to it in NRS 597.140.

      10.  “Wine” has the meaning ascribed to it in NRS 369.140.

      Sec. 1.7. NRS 597.235 is hereby amended to read as follows:

      597.235  1.  A person may operate a craft distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates a craft distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the craft distillery shall ensure that none of the spirits manufactured at the craft distillery are derived from neutral or distilled spirits manufactured by another manufacturer.

      (b) [In] Except as otherwise provided in paragraphs (f) and (g), in any calendar year, sell and transport in Nevada not more than a combined total of 10,000 cases of spirits at all the craft distilleries the person operates to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      (c) In any calendar year, manufacture for exportation to another state, not more than a combined total of [20,000] 40,000 cases of spirits at all the craft distilleries the person operates.

      (d) On the premises of the craft distillery, serve samples of the spirits manufactured at the craft distillery. Any such samples must not exceed, per person, per day, [2] 4 fluid ounces in volume.

      (e) On the premises of the craft distillery, sell the spirits manufactured at the craft distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, [2 bottles] 1 case of spirits [.] and not exceed, per person, per year, 6 cases of spirits. Spirits purchased on the premises of a craft distillery must not be resold by the purchaser or any retail liquor store.

      (f) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the craft distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (g) Transfer in bulk neutral or distilled spirits manufactured at the craft distillery to a supplier. Any such transfer:

             (1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State; and

             (2) Is not a sale for the purposes of paragraph (b) or manufacturing for exportation for the purposes of paragraph (c).

      3.  As used in this section:

      (a) [“Bottle] “Case of spirits” means [a bottle] 12 bottles, each containing 750 milliliters of distilled spirits.

      (b) [“Case of spirits” means 12 bottles of spirits.] “Supplier” has the meaning ascribed to it in NRS 597.140.

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

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ê2015 Statutes of Nevada, Page 885ê

 

CHAPTER 191, AB 200

Assembly Bill No. 200–Committee on Health and Human Services

 

CHAPTER 191

 

[Approved: May 27, 2015]

 

AN ACT relating to persons with disabilities; making certain voting members of the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities nonvoting members; requiring the Subcommittee to make certain recommendations; revising provisions relating to the program to provide devices for telecommunication to persons with impaired speech or hearing; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities. The Subcommittee consists of nine voting members appointed by the Administrator of the Aging and Disability Services Division of the Department of Health and Human Services. One member of the Subcommittee is required to be an employee of the Division, and another member is required to be the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, another representative of the telecommunications industry. (NRS 427A.750) Section 1 of this bill makes these two members nonvoting members.

      The Aging and Disability Services Division is required to develop and administer a program to provide devices for telecommunication to persons with impaired speech or hearing and to fund centers for persons who are deaf or hard of hearing operated by this State. (NRS 427A.797) Section 2 of this bill requires the program to make interpreters available, when possible, to assist the departments of State Government in providing access to persons who are deaf or hard of hearing. Section 2 also requires that this program include the provision of other assistive technology and the provision of certain services by such centers, including, without limitation: (1) facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing; (2) assisting persons with impaired speech or hearing in accessing assistive devices; (3) expanding service capacity for devices for telecommunication and other assistive technology in areas where there is a need and services are not available; (4) providing instruction in language acquisition; and (5) providing programs designed to increase access to education, employment and health and social services. Section 2 also removes the requirement in existing law that the Public Utilities Commission of Nevada approve the program.

      Existing law requires that funding be provided for the program, the centers and certain administrative costs from the surcharge imposed on each telephone and wireless telephone line of each customer in this State. The amount of the surcharge is established by the Public Utilities Commission. (NRS 427A.797) Section 2 limits the amount of the surcharge to not more than eight cents per month. Section 1 requires the Subcommittee to make recommendations concerning the programs and activities funded by the surcharge.

 


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ê2015 Statutes of Nevada, Page 886 (Chapter 191, AB 200)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 427A.750 is hereby amended to read as follows:

      427A.750  1.  The Subcommittee on Communication Services for Persons Who Are Deaf or Hard of Hearing and Persons With Speech Disabilities of the Nevada Commission on Services for Persons with Disabilities is hereby created. The Subcommittee consists of nine members appointed by the Administrator. The Administrator shall consider recommendations made by the Nevada Commission on Services for Persons with Disabilities and appoint to the Subcommittee:

      (a) One nonvoting member who is employed by the Division and who participates in the administration of the program of this State that provides services to persons with communications disabilities which affect their ability to communicate;

      (b) One member who is a member of the Nevada Association of the Deaf, or, if it ceases to exist, one member who represents an organization which has a membership of persons who are deaf, hard of hearing or speech-impaired;

      (c) One member who has experience with or an interest in and knowledge of the problems of and services for the deaf, hard of hearing or speech-impaired;

      (d) [The] One nonvoting member who is the Executive Director of the Nevada Telecommunications Association or, in the event of its dissolution, [a member] who represents the telecommunications industry;

      (e) Three members who are users of telecommunications relay services or the services of persons engaged in the practice of interpreting or the practice of realtime captioning;

      (f) One member who is a parent of a child who is deaf, hard of hearing or speech-impaired; and

      (g) One member who represents educators in this State and has knowledge concerning the provision of communication services to persons with communications disabilities in elementary, secondary and postsecondary schools and the laws concerning the provision of those services.

      2.  After the initial term, the term of each member is 3 years. A member may be reappointed.

      3.  If a vacancy occurs during the term of a member, the Administrator shall appoint a person similarly qualified to replace that member for the remainder of the unexpired term.

      4.  The Subcommittee shall:

      (a) At its first meeting and annually thereafter, elect a Chair from among its voting members; and

      (b) Meet at the call of the Administrator, the Chair of the Nevada Commission on Services for Persons with Disabilities, the Chair of the Subcommittee or a majority of its voting members as is necessary to carry out its responsibilities.

 


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ê2015 Statutes of Nevada, Page 887 (Chapter 191, AB 200)ê

 

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

      6.  Members of the Subcommittee serve without compensation, except that each member is entitled, while engaged in the business of the Subcommittee, to the per diem allowance and travel expenses provided for state officers and employees generally if funding is available for this purpose.

      7.  A member of the Subcommittee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the person may prepare for and attend meetings of the Subcommittee and perform any work necessary to carry out the duties of the Subcommittee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Subcommittee to make up the time he or she is absent from work to carry out his or her duties as a member of the Subcommittee or use annual vacation or compensatory time for the absence.

      8.  The Subcommittee may:

      (a) Make recommendations to the Nevada Commission on Services for Persons with Disabilities concerning the establishment and operation of programs for persons with communications disabilities which affect their ability to communicate.

      (b) Recommend to the Nevada Commission on Services for Persons with Disabilities any proposed legislation concerning persons with communications disabilities which affect their ability to communicate.

      (c) Collect information concerning persons with communications disabilities which affect their ability to communicate.

      (d) Create and annually review a 5-year strategic plan consisting of short-term and long-term goals for services provided by or on behalf of the Division. In creating and reviewing any such plan, the Subcommittee must solicit input from various persons, including, without limitation, persons with communications disabilities.

      (e) Review the goals, programs and services of the Division for persons with communications disabilities and advise the Division regarding such goals, programs and services, including, without limitation, the outcomes of services provided to persons with communications disabilities and the requirements imposed on providers.

      (f) Based on information collected by the Department of Education, advise the Department of Education on research and methods to ensure the availability of language and communication services for children who are deaf, hard of hearing or speech-impaired.

      9.  The Subcommittee shall make recommendations to [the] :

      (a) The Nevada Commission on Services for Persons with Disabilities concerning the practice of interpreting and the practice of realtime captioning, including, without limitation, the adoption of regulations to carry out the provisions of chapter 656A of NRS.

      (b) The Division concerning all programs and activities funded by the surcharge imposed pursuant to subsection 3 of NRS 427A.797.

      10.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 888 (Chapter 191, AB 200)ê

 

      (a) “Nevada Commission on Services for Persons with Disabilities” means the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

      (b) “Practice of interpreting” has the meaning ascribed to it in NRS 656A.060.

      (c) “Practice of realtime captioning” has the meaning ascribed to it in NRS 656A.062.

      (d) “Telecommunications relay services” has the meaning ascribed to it in 47 C.F.R. § 64.601.

      Sec. 2. NRS 427A.797 is hereby amended to read as follows:

      427A.797  1.  The Division shall develop and administer a program whereby:

      (a) Any person who is a customer of a telephone company which provides service through a local exchange or a customer of a company that provides wireless phone service and who is certified by the Division to be deaf or to have severely impaired speech or hearing may obtain a device for telecommunication or other assistive technology capable of serving the needs of such persons at no charge to the customer beyond the rate for basic service; [and]

      (b) Any person who is deaf or has severely impaired speech or hearing may communicate by telephone, including, without limitation, a wireless phone, or other means with other persons through a dual-party relay system [.

Ê The program must be approved by the Public Utilities Commission of Nevada.] or other assistive technology; and

      (c) Interpreters are made available, when possible, to the Executive, Judicial and Legislative Departments of State Government to assist those departments in providing access to persons who are deaf or hard of hearing.

      2.  The program developed pursuant to subsection 1 must include the establishment of centers for persons who are deaf or hard of hearing that provide services which must include, without limitation:

      (a) Facilitating the provision and distribution of devices for telecommunication and other assistive technology to persons with impaired speech or hearing;

      (b) Assisting persons who are deaf or have severely impaired speech or hearing in accessing assistive devices, including, without limitation, hearing aids, electrolarynxes and devices for telecommunication and other assistive technology;

      (c) Expanding the capacity for service using devices for telecommunication and other assistive technology in areas where there is a need for such devices and technology and services for persons with impaired speech or hearing are not available;

      (d) Providing instruction in language acquisition to persons determined by the center to be eligible for services; and

      (e) Providing programs designed to increase access to education, employment and health and social services.

      3.  A surcharge of not more than 8 cents per month is hereby imposed on each access line of each customer to the local exchange of any telephone company providing such lines in this State and on each personal wireless access line of each customer of any company that provides wireless phone services in this State . [which is sufficient] The surcharge must be used to:

 


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ê2015 Statutes of Nevada, Page 889 (Chapter 191, AB 200)ê

 

      (a) Cover the costs of the program;

      (b) Fund the centers for persons who are deaf or hard of hearing [operated by this State;] established pursuant to subsection 2; and

      (c) Cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

Ê The Public Utilities Commission of Nevada shall establish by regulation the amount to be charged. Those companies shall collect the surcharge from their customers and transfer the money collected to the Commission pursuant to regulations adopted by the Commission.

      [3.]4.  The Account for Services for Persons With Impaired Speech or Hearing is hereby created within the State General Fund and must be administered by the Division. Any money collected from the surcharge imposed pursuant to subsection [2] 3 must be deposited in the State Treasury for credit to the Account. The money in the Account may be used only:

      (a) For the purchase, maintenance, repair and distribution of the devices for telecommunication [,] and other assistive technology, including the distribution of such devices and technology to state agencies and nonprofit organizations;

      (b) To establish and maintain the dual-party relay system;

      (c) To reimburse telephone companies and companies that provide wireless phone services for the expenses incurred in collecting and transferring to the Public Utilities Commission of Nevada the surcharge imposed by the Commission;

      (d) For the general administration of the program developed and administered pursuant to subsection 1;

      (e) To train persons in the use of the devices [;] for telecommunication and other assistive technology;

      (f) To fund the centers for persons who are deaf or hard of hearing [operated by this State;] established pursuant to subsection 2; and

      (g) To cover the costs incurred by the Division to carry out the provisions of chapter 656A of NRS that are not covered by the civil penalties received by the Division pursuant to NRS 656A.800.

      [4.]5.  For the purposes of this section:

      (a) “Device for telecommunication” means a device which is used to send messages through the telephone system, including, without limitation, the wireless phone system, which visually displays or prints messages received and which is compatible with the system of telecommunication with which it is being used.

      (b) “Dual-party relay system” means a system whereby persons who have impaired speech or hearing, and who have been furnished with devices for telecommunication, may relay communications through third parties to persons who do not have access to such devices.

      Sec. 3.  1.  This section and section 1 of this act become effective upon passage and approval.

      2.  Section 2 of this act becomes effective:

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

      (b) On July 1, 2015, for all other purposes.

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ê2015 Statutes of Nevada, Page 890ê

 

CHAPTER 192, AB 13

Assembly Bill No. 13–Committee on Judiciary

 

CHAPTER 192

 

[Approved: May 27, 2015]

 

AN ACT relating to support; revising provisions of the Uniform Interstate Family Support Act; revising the effective date of certain provisions of the Act relating to foreign support orders, foreign tribunals and certain persons residing in foreign countries; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      In 1997, Nevada enacted the Uniform Interstate Family Support Act to establish the procedures and jurisdictional requirements regarding the issuance, enforcement and modification of interstate child-support and spousal-support orders. (Chapter 489, Statutes of Nevada 1997, pp. 2311-29) In 2009, Nevada enacted certain amendments to the Act to provide that the provisions of the Act apply to foreign support orders, foreign tribunals, and obligees, obligors and children residing in foreign countries. (NRS 130.0902-130.802; chapter 47, Statutes of Nevada 2009, pp. 119-40) The effective date of these amendments is the date on which The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification. (Chapter 47, Statutes of Nevada 2009, p. 140) Sections 3 and 4 of this bill make these amendments effective on July 1, 2015, to comply with the federal law requiring that the Act, as amended in 2008, be in effect in this State not later than that date as a condition for the receipt of certain federal funds for support enforcement efforts. (42 U.S.C. § 654(20)(A), 42 U.S.C. § 666(f); Pub. L. No. 113-183, 128 Stat. 1919) Sections 1-2.7 of this bill make certain amendments to existing law to match the language of the Act.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 130.10107 is hereby amended to read as follows:

      130.10107  “Child-support order” means a support order for a child, including a child who has attained the age of majority under the law of the issuing state [.] or foreign country.

      Sec. 1.1. NRS 130.10127 is hereby amended to read as follows:

      130.10127  “Income-withholding order” means an order or other legal process directed to an obligor’s employer [of an obligor] , as defined in NRS 130.10115, to withhold support from the income of the obligor.

      Sec. 1.2. NRS 130.103 is hereby amended to read as follows:

      130.103  1.  Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.

      2.  This chapter does not:

      (a) Provide the exclusive method of establishing or enforcing a support order under the law of this State; or

      (b) Grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this chapter.

 


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      Sec. 1.3. NRS 130.2025 is hereby amended to read as follows:

      130.2025  A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this chapter or under other law of this State relating to a support order or in a proceeding recognizing a foreign support order may receive evidence from outside this State pursuant to NRS 130.316, communicate with a tribunal outside this State pursuant to NRS 130.317 and obtain discovery through a tribunal outside this State pursuant to NRS 130.318. In all other respects, NRS 130.301 to [130.713,] 130.614, inclusive, do not apply and the tribunal shall apply the procedural and substantive law of this State.

      Sec. 1.4. NRS 130.304 is hereby amended to read as follows:

      130.304  1.  Upon the filing of a petition authorized by this chapter, an initiating tribunal of this State shall forward the petition and its accompanying documents:

      (a) To the responding tribunal or appropriate support-enforcement agency in the responding state; or

      (b) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.

      2.  If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under the applicable official or market exchange rate as publicly reported and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.

      Sec. 1.5. NRS 130.313 is hereby amended to read as follows:

      130.313  1.  Except as otherwise required pursuant to Section 16 of Article 6 of the Nevada Constitution, a petitioner must not be required to pay a filing fee or other costs.

      2.  If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney’s fees and other costs, expenses for necessary travel and other reasonable expenses incurred by the obligee and the witnesses of the obligee. The tribunal may not assess fees, costs or expenses against the obligee or the support-enforcement agency of either the initiating or the responding state or foreign country, except as otherwise provided by other law. Attorney’s fees may be taxed as costs and may be ordered to be paid directly to the attorney, who may enforce the order in his or her own name. Payment of support owed to the obligee has priority over fees, costs and expenses.

      3.  The tribunal shall order the payment of costs and reasonable attorney’s fees if it determines that a hearing was requested primarily for delay. In a proceeding pursuant to NRS 130.601 to [130.713,] 130.614, inclusive, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. This presumption is subject to rebuttal.

      4.  All attorney’s fees and other costs and expenses awarded to and collected by a district attorney pursuant to this section must be deposited in the general fund of the county and an equivalent amount must be allocated to augment the county’s program for the enforcement of support obligations.

 


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ê2015 Statutes of Nevada, Page 892 (Chapter 192, AB 13)ê

 

      Sec. 1.6. NRS 130.316 is hereby amended to read as follows:

      130.316  1.  The physical presence of a nonresident party who is a natural person in a tribunal of this State is not required for the establishment, enforcement or modification of a support order or the rendition of a judgment determining parentage of a child.

      2.  An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule in NRS 51.065 if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.

      3.  A copy of the record of child-support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted therein and is admissible to show whether payments were made.

      4.  Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 20 days before trial are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary and customary.

      5.  Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

      6.  In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

      7.  In a civil proceeding under this chapter, if a party called to testify refuses to answer a question on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal.

      8.  A privilege against the disclosure of communications between husband and wife does not apply in a proceeding under this chapter.

      9.  The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this chapter.

      10.  A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

      Sec. 1.7. NRS 130.317 is hereby amended to read as follows:

      130.317  A tribunal of this State may communicate with a tribunal outside this State in a record, or by telephone, electronic mail or other means, to obtain information concerning the laws , [of that state or foreign country or political subdivision,] the legal effect of a judgment, decree or order of that tribunal, and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State.

      Sec. 1.8. NRS 130.501 is hereby amended to read as follows:

      130.501  An income-withholding order issued in another state may be sent by or on behalf of the obligee or by a support-enforcement agency to [an] the person defined as the obligor’s employer [of an obligor in this State] under NRS 130.10115 without first filing a petition or comparable pleading or registering the order with a tribunal of this State.

 


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ê2015 Statutes of Nevada, Page 893 (Chapter 192, AB 13)ê

 

      Sec. 1.9. NRS 130.506 is hereby amended to read as follows:

      130.506  1.  An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in NRS 130.601 to [130.713,] 130.614, inclusive, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.

      2.  The obligor shall give notice of the contest to:

      (a) A support-enforcement agency providing services to the obligee;

      (b) Each employer that has directly received an income-withholding order relating to the obligor; and

      (c) The person designated to receive payments in the income-withholding order, or if no person is designated, to the obligee.

      3.  [The obligor has the burden of proving one or more of the following defenses:

      (a) The tribunal that issued the order lacked personal jurisdiction over the obligor;

      (b) The order was obtained by fraud;

      (c) The order has been vacated, suspended, stayed or modified by a later order; or

      (d) There is a mistake of fact as to the amount of the order or the identity of the obligor.

      4.  The provisions of NRS 130.604 apply to the contest. If the tribunal determines:

      (a) Any of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall issue an order to stay the withholding.

      (b) None of the defenses presented pursuant to subsection 3 in favor of the obligor, it shall order the employer to proceed with the withholding, and may assess costs and attorney’s fees against the obligor.

      5.]  The tribunal shall provide the parties and employer with notice of its decision within 45 days after the obligor received a copy of the order pursuant to NRS 130.502.

      Sec. 1.95. NRS 130.602 is hereby amended to read as follows:

      130.602  1.  Except as otherwise provided in NRS 130.706, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records to the appropriate tribunal of this State:

      (a) A letter of transmittal requesting registration and enforcement;

      (b) Two copies, including one certified copy, of the order to be registered, including any modification of the order;

      (c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;

      (d) The name of the obligor and, if known:

             (1) The address and social security number of the obligor;

             (2) The name and address of the employer of the obligor and any other source of income of the obligor; and

             (3) A description and the location of property of the obligor in this State that is not exempt from execution; and

      (e) Except as otherwise provided in NRS 130.312, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.

 


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ê2015 Statutes of Nevada, Page 894 (Chapter 192, AB 13)ê

 

      2.  On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign [country,] support order, together with one copy of the documents and information, regardless of their form.

      3.  A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.

      4.  If two or more orders are in effect, the person requesting registration shall:

      (a) Furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;

      (b) Specify the order alleged to be the controlling order, if any; and

      (c) Specify the amount of consolidated arrears, if any.

      5.  A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by the determination.

      Sec. 2. NRS 130.703 is hereby amended to read as follows:

      130.703  The [governmental entity of this State] Division of Welfare and Supportive Services of the Department of Health and Human Services is recognized as the agency designated by the United States central authority [may] to perform specific functions under the Convention.

      Sec. 2.3. NRS 130.704 is hereby amended to read as follows:

      130.704  1.  In a support proceeding under NRS 130.7011 to 130.713, inclusive, the [governmental entity of this State designated pursuant to NRS 130.703] Division of Welfare and Supportive Services of the Department of Health and Human Services shall:

      (a) Transmit and receive applications; and

      (b) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.

      2.  The following support proceedings are available to the obligee under the Convention:

      (a) Recognition or recognition and enforcement of a foreign support order;

      (b) Enforcement of a support order issued or recognized in this State;

      (c) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;

      (d) Establishment of a support order if recognition of a foreign support order is refused under paragraphs (b), (d) or (i) of subsection 2 of NRS 130.708;

      (e) Modification of a support order of a tribunal of this State; and

      (f) Modification of a support order of a tribunal of another state or a foreign country.

      3.  The following support proceedings are available under the Convention to an obligor against which there is an existing support order:

      (a) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;

      (b) Modification of a support order of a tribunal of this State; and

      (c) Modification of a support order of a tribunal of another state or a foreign country.

 


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ê2015 Statutes of Nevada, Page 895 (Chapter 192, AB 13)ê

 

      4.  A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.

      Sec. 2.7. NRS 130.710 is hereby amended to read as follows:

      130.710  1.  Except as otherwise provided in subsections 3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.

      2.  An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:

      (a) A complete text of the foreign support agreement; and

      (b) A record stating that the foreign support agreement is enforceable as [a decision] an order of support in the issuing country.

      3.  A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.

      4.  In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:

      (a) Recognition and enforcement of the agreement is manifestly incompatible with public policy;

      (b) The agreement was obtained by fraud or falsification;

      (c) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or

      (d) The record submitted under subsection 2 lacks authenticity or integrity.

      5.  A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.

      Sec. 3. Section 90 of chapter 47, Statutes of Nevada 2009, as amended by chapter 28, Statutes of Nevada 2011, at page 90, is hereby amended to read as follows:

       Sec. 90.  The amendatory provisions of this act apply to proceedings to establish a support order to determine parentage of a child or to register, recognize, enforce or modify a prior support order, determination or agreement, whenever issued or entered, which are commenced on or after [the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.] July 1, 2015.

      Sec. 4. Section 91 of chapter 47, Statutes of Nevada 2009, at page 140, is hereby amended to read as follows:

       Sec. 91.  This act becomes effective on [the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance is ratified by the President and the United States deposits its instrument of ratification.] July 1, 2015.

 


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ê2015 Statutes of Nevada, Page 896 (Chapter 192, AB 13)ê

 

      Sec. 5. Section 5 of chapter 414, Statutes of Nevada 2013, at page 2271, is hereby amended to read as follows:

       Sec. 5.  1.  This section and sections 1, 2 and 3 of this act become effective on October 1, 2013.

       2.  [Section 3 of this act expires by limitation on the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance are ratified by the President and the United States deposits its instrument of ratification.

       3.]  Section 3.5 of this act becomes effective on [the date that the provisions of The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance are ratified by the President and the United States deposits its instrument of ratification.] July 1, 2015.

      Sec. 6.  1.  This section and sections 3, 4 and 5 of this act become effective upon passage and approval.

      2.  Sections 1 to 2.7, inclusive, of this act become effective on July 1, 2015.

________

CHAPTER 193, AB 16

Assembly Bill No. 16–Committee on Judiciary

 

CHAPTER 193

 

[Approved: May 27, 2015]

 

AN ACT relating to prisoners; providing that an employee of or a contractor or volunteer for a prison commits sexual abuse of a prisoner or unauthorized custodial conduct if he or she voluntarily engages or attempts to engage in certain acts with certain prisoners in lawful custody or confinement; revising provisions relating to voluntary sexual conduct between certain prisoners in lawful custody or confinement and other persons; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a prisoner who: (1) is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety or residential confinement; and (2) voluntarily engages in sexual conduct with another person is guilty of a category D felony. (NRS 212.187) Under federal regulations adopted pursuant to the Prison Rape Elimination Act of 2003 (42 U.S.C. §§ 15601 et seq.), which set forth national standards relating to the Act, an agency with direct responsibility for the operation of any facility that confines inmates, detainees or residents is authorized to discipline an inmate in an adult prison or jail or a resident of a community confinement facility or juvenile facility for sexual contact with a staff member of the agency only if the staff member did not consent to the contact. (28 C.F.R. §§ 115.78, 115.278, 115.378) Accordingly, section 7 of this bill revises existing law to provide that a prisoner who voluntarily engages in sexual conduct with a person who is not an employee of or a contractor or volunteer for a prison is guilty of a category D felony.

 


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ê2015 Statutes of Nevada, Page 897 (Chapter 193, AB 16)ê

 

      Existing law also provides that a person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation or residential confinement, is guilty of a category D felony. (NRS 212.187) Section 6 of this bill provides that an employee of or a contractor or volunteer for a prison who voluntarily engages or attempts to engage in certain acts with such a prisoner, regardless of whether the prisoner consents to the act, commits either sexual abuse of a prisoner or unauthorized custodial conduct, depending on the type of act. Such an employee, contractor or volunteer who commits: (1) sexual abuse of a prisoner is guilty of a category D felony; (2) unauthorized custodial conduct by engaging in certain acts is guilty of a gross misdemeanor; or (3) unauthorized custodial conduct by attempting to engage in certain acts is guilty of a misdemeanor. The definitions of the terms “sexual abuse” and “unauthorized custodial conduct,” as they are used in section 6, are based on the definition of the term “sexual abuse” as it is used for purposes of the federal regulations adopted pursuant to the Prison Rape Elimination Act. (28 C.F.R. § 115.6)

 

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 212 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2.  As used in NRS 212.140 to 212.189, inclusive, and sections 2 to 6, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Contractor” means a person who provides services on a recurring basis to a prison pursuant to a contractual agreement with the Department of Corrections or the sheriff, chief of police or other officer responsible for the operation of the prison.

      Sec. 4.  “Employee” means a person who works directly for a prison.

      Sec. 5.  “Volunteer” means a person who donates his or her time and effort on a recurring basis to a prison to enhance the activities and programs of the prison.

      Sec. 6. 1.  An employee of or a contractor or volunteer for a prison who voluntarily engages in, or attempts to engage in, with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, any of the acts set forth in:

      (a) Paragraph (a) of subsection 3, commits sexual abuse of a prisoner.

      (b) Paragraph (b) of subsection 3, commits unauthorized custodial conduct.

      2.  Unless a greater penalty is provided pursuant to any other applicable provision of law, an employee of or a contractor or volunteer for a prison who commits:

      (a) Sexual abuse of a prisoner is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) Unauthorized custodial conduct by engaging in any of the acts described in paragraph (b) of subsection 3 is guilty of a gross misdemeanor.

 


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ê2015 Statutes of Nevada, Page 898 (Chapter 193, AB 16)ê

 

      (c) Unauthorized custodial conduct by attempting to engage in any of the acts described in paragraph (b) of subsection 3 is guilty of a misdemeanor.

      3.  As used in this section:

      (a) “Sexual abuse”:

             (1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

                   (I) Sexual intercourse or anal intercourse, including penetration, however slight;

                   (II) Fellatio, cunnilingus or contact between the mouth and the anus;

                   (III) Penetration, however slight, of an object into the genital or anal opening of the body of a prisoner committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

                   (IV) Any other intentional contact with a prisoner’s unclothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

                   (V) Watching a prisoner change clothing or use a shower, toilet or urinal;

                   (VI) Requiring a prisoner to expose his or her genitals, buttocks or breasts; or

                   (VII) Capturing an image of the private area of a prisoner in violation of NRS 200.604.

             (2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.

      (b) “Unauthorized custodial conduct”:

             (1) Includes any of the following acts between an employee of or a contractor or volunteer for a prison and a prisoner, regardless of whether the prisoner consents to the act:

                   (I) Contact between the mouth and any part of the body committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

                   (II) Any other intentional contact with a prisoner’s clothed genitals, pubic area, anus, buttocks, inner thigh or breasts committed with the intent to abuse the prisoner or to arouse, appeal to or gratify the sexual desires of either person;

                   (III) Any threat or request by an employee or a contractor or volunteer to engage in any act described in sub-subparagraphs (I) or (II); or

                   (IV) Any display by an employee or a contractor or volunteer of his or her unclothed genitals, buttocks or breasts in the presence of a prisoner.

             (2) Does not include acts of an employee of or a contractor or volunteer for the prison in which the prisoner is confined that are performed to carry out the official duties of such an employee, contractor or volunteer.

 


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ê2015 Statutes of Nevada, Page 899 (Chapter 193, AB 16)ê

 

      Sec. 7. NRS 212.187 is hereby amended to read as follows:

      212.187  1.  A prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, and who voluntarily engages in sexual conduct with another person who is not an employee of or a contractor or volunteer for a prison is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      2.  [A] Except as otherwise provided in section 6 of this act, a person who voluntarily engages in sexual conduct with a prisoner who is in lawful custody or confinement, other than in the custody of the Division of Parole and Probation of the Department of Public Safety pursuant to NRS 209.4886 or 209.4888 or residential confinement, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section, “sexual conduct”:

      (a) Includes acts of masturbation, sexual penetration or physical contact with another person’s clothed or unclothed genitals or pubic area to arouse, appeal to or gratify the sexual desires of a person.

      (b) Does not include acts of a person who has custody of a prisoner or an employee of or a contractor or volunteer for the [institution] prison in which the prisoner is confined that are performed to carry out the necessary duties of such a person , [or] employee [.] , contractor or volunteer.

      Sec. 8. NRS 200.604 is hereby amended to read as follows:

      200.604  1.  Except as otherwise provided in subsection 4, a person shall not knowingly and intentionally capture an image of the private area of another person:

      (a) Without the consent of the other person; and

      (b) Under circumstances in which the other person has a reasonable expectation of privacy.

      2.  Except as otherwise provided in subsection 4, a person shall not distribute, disclose, display, transmit or publish an image that the person knows or has reason to know was made in violation of subsection 1.

      3.  [A] Unless a greater penalty is provided pursuant to section 6 of this act, a person who violates this section:

      (a) For a first offense, is guilty of a gross misdemeanor.

      (b) For a second or subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  This section does not prohibit any lawful law enforcement or correctional activity, including, without limitation, capturing, distributing, disclosing, displaying, transmitting or publishing an image for the purpose of investigating or prosecuting a violation of this section.

      5.  If a person is charged with a violation of this section, any image of the private area of a victim that is contained within:

      (a) Court records;

      (b) Intelligence or investigative data, reports of crime or incidents of criminal activity or other information;

      (c) Records of criminal history, as that term is defined in NRS 179A.070; and

      (d) Records in the Central Repository for Nevada Records of Criminal History,

Ê is confidential and, except as otherwise provided in subsections 6 and 7, must not be inspected by or released to the general public.

 


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ê2015 Statutes of Nevada, Page 900 (Chapter 193, AB 16)ê

 

      6.  An image that is confidential pursuant to subsection 5 may be inspected or released:

      (a) As necessary for the purposes of investigation and prosecution of the violation;

      (b) As necessary for the purpose of allowing a person charged with a violation of this section and his or her attorney to prepare a defense; and

      (c) Upon authorization by a court of competent jurisdiction as provided in subsection 7.

      7.  A court of competent jurisdiction may authorize the inspection or release of an image that is confidential pursuant to subsection 5, upon application, if the court determines that:

      (a) The person making the application has demonstrated to the satisfaction of the court that good cause exists for the inspection or release; and

      (b) Reasonable notice of the application and an opportunity to be heard have been given to the victim.

      8.  As used in this section:

      (a) “Broadcast” means to transmit electronically an image with the intent that the image be viewed by any other person.

      (b) “Capture,” with respect to an image, means to videotape, photograph, film, record by any means or broadcast.

      (c) “Female breast” means any portion of the female breast below the top of the areola.

      (d) “Private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast of a person.

      (e) “Under circumstances in which the other person has a reasonable expectation of privacy” means:

             (1) Circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of his or her private area would be captured; or

             (2) Circumstances in which a reasonable person would believe that his or her private area would not be visible to the public, regardless of whether the person is in a public or private place.

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ê2015 Statutes of Nevada, Page 901ê

 

CHAPTER 194, AB 20

Assembly Bill No. 20–Committee on Government Affairs

 

CHAPTER 194

 

[Approved: May 27, 2015]

 

AN ACT relating to state financial administration; revising provisions governing the procedure for the revision of the budget of the Executive Department of the State Government; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the State Budget Act, a department, institution or other agency of the Executive Department of the State Government, with certain exceptions, is authorized, as a result of changed conditions, to request a revision to a work program within its budget. Such a revision is required to be approved or disapproved by the Governor or the Chief of the Budget Division of the Department of Administration. In addition, if the amount of the requested revision exceeds a specified monetary threshold and increases or decreases the expenditure level approved by the Legislature for any of the allotments within the work program by a specified percentage or amount, the revision also requires the additional approval of the Interim Finance Committee, unless the Governor approves the revision as necessary because of a qualifying emergency situation or for the protection of life or property. (NRS 353.220)

      This bill removes the requirement for additional approval by the Governor, in certain emergency circumstances, or the Interim Finance Committee of work program changes which result from: (1) acceptance by a state agency of a gift or nongovernmental grant which does not exceed $20,000 or a governmental grant which does not exceed $150,000; or (2) carrying forward money from one fiscal year to the next without a change in purpose.

 

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 353.220 is hereby amended to read as follows:

      353.220  1.  The head of any department, institution or agency of the Executive Department of the State Government, whenever he or she deems it necessary because of changed conditions, may request the revision of the work program of his or her department, institution or agency at any time during the fiscal year, and submit the revised program to the Governor through the Chief with a request for revision of the allotments for the remainder of that fiscal year.

      2.  Every request for revision must be submitted to the Chief on the form and with supporting information as the Chief prescribes.

      3.  Before encumbering any appropriated or authorized money, every request for revision must be approved or disapproved in writing by the Governor or the Chief, if the Governor has by written instrument delegated this authority to the Chief.

      4.  [Whenever] Except as otherwise provided in subsection 8, whenever a request for the revision of a work program of a department, institution or agency in an amount more than $30,000 would, when considered with all other changes in allotments for that work program made pursuant to subsections 1, 2 and 3 and NRS 353.215 , [and subsections 1, 2 and 3 of this section,] increase or decrease by 10 percent or $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.

 


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ê2015 Statutes of Nevada, Page 902 (Chapter 194, AB 20)ê

 

pursuant to subsections 1, 2 and 3 and NRS 353.215 , [and subsections 1, 2 and 3 of this section,] increase or decrease by 10 percent or $75,000, whichever is less, the expenditure level approved by the Legislature for any of the allotments within the work program, the request must be approved as provided in subsection 5 before any appropriated or authorized money may be encumbered for the revision.

      5.  If a request for the revision of a work program requires additional approval as provided in subsection 4 and:

      (a) Is necessary because of an emergency as defined in NRS 353.263 or for the protection of life or property, the Governor shall take reasonable and proper action to approve it and shall report the action, and his or her reasons for determining that immediate action was necessary, to the Interim Finance Committee at its first meeting after the action is taken. Action by the Governor pursuant to this paragraph constitutes approval of the revision, and other provisions of this chapter requiring approval before encumbering money for the revision do not apply.

      (b) The Governor determines that the revision is necessary and requires expeditious action, he or she may certify that the request requires expeditious action by the Interim Finance Committee. Whenever the Governor so certifies, the Interim Finance Committee has 15 days after the request is submitted to its Secretary within which to consider the revision. Any request for revision which is not considered within the 15-day period shall be deemed approved.

      (c) Does not qualify pursuant to paragraph (a) or (b), it must be submitted to the Interim Finance Committee. The Interim Finance Committee has 45 days after the request is submitted to its Secretary within which to consider the revision. Any request which is not considered within the 45-day period shall be deemed approved.

      6.  The Secretary shall place each request submitted pursuant to paragraph (b) or (c) of subsection 5 on the agenda of the next meeting of the Interim Finance Committee.

      7.  In acting upon a proposed revision of a work program, the Interim Finance Committee shall consider, among other things:

      (a) The need for the proposed revision; and

      (b) The intent of the Legislature in approving the budget for the present biennium and originally enacting the statutes which the work program is designed to effectuate.

      8.  The provisions of subsection 4 do not apply to any request for the revision of a work program which is required:

      (a) As a result of the acceptance of a gift or grant of property or services pursuant to subsection 5 of NRS 353.335; or

      (b) To carry forward to a fiscal year, without a change in purpose, the unexpended balance of any money authorized for expenditure in the immediately preceding fiscal year.

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

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ê2015 Statutes of Nevada, Page 903ê

 

CHAPTER 195, AB 45

Assembly Bill No. 45–Committee on Judiciary

 

CHAPTER 195

 

[Approved: May 27, 2015]

 

AN ACT relating to prisoners; revising provisions governing the assessment by the Department of Corrections of prisoners convicted of sexual offenses; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Corrections to assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner. The Department must use a currently accepted standard of assessment that returns a risk level of low, moderate or high. (NRS 213.1214) Existing law also requires the Board to release on parole a prisoner who meets certain criteria, but the Board is not required to release on parole a prisoner who has been determined to be a high risk to reoffend in a sexual manner. (NRS 213.1215) This bill eliminates the requirement that the assessment return the levels of risk specified in existing law and provides that the assessment must include, without limitation, a determination of the prisoner’s risk to reoffend in a sexual manner, including, without limitation, whether the prisoner is a high risk to reoffend in a sexual manner for the purposes of NRS 213.1215.

 

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 213.1214 is hereby amended to read as follows:

      213.1214  1.  The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must [return a risk level of low, moderate or high.] include, without limitation, a determination of the prisoner’s level of risk to reoffend in a sexual manner, including, without limitation, whether the prisoner is a high risk to reoffend in a sexual manner for the purposes of subsection 3 of NRS 213.1215. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.

      2.  The Director shall:

      (a) Ensure that any employee of the Department who completes an assessment pursuant to subsection 1 is properly trained to assess the risk of an offender to reoffend in a sexual manner.

      (b) Establish a procedure to:

             (1) Ensure the accuracy of each completed assessment provided to the Board; and

             (2) Correct any error occurring in a completed assessment provided to the Board.

      3.  This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued.

 


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ê2015 Statutes of Nevada, Page 904 (Chapter 195, AB 45)ê

 

should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.

      4.  The Board shall consider an assessment prepared pursuant to this section before determining whether to grant or revoke the parole of a person convicted of a sexual offense.

      5.  The Board may adopt by regulation the manner in which the Board will consider an assessment prepared pursuant to this section in conjunction with the standards adopted by the Board pursuant to NRS 213.10885.

      6.  As used in this section:

      (a) “Director” means the Director of the Department of Corrections.

      (b) “Reoffend in a sexual manner” means to commit a sexual offense.

      (c) “Sex offender” means a person who, after July 1, 1956, is or has been:

             (1) Convicted of a sexual offense; or

             (2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph (18) of paragraph (d).

Ê The term includes, but is not limited to, a sexually violent predator or a nonresident sex offender who is a student or worker within this State.

      (d) “Sexual offense” means any of the following offenses:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

            (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Open or gross lewdness pursuant to NRS 201.210.

             (11) Indecent or obscene exposure pursuant to NRS 201.220.

             (12) Lewdness with a child pursuant to NRS 201.230.

             (13) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (14) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

 


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ê2015 Statutes of Nevada, Page 905 (Chapter 195, AB 45)ê

 

             (15) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to (14), inclusive.

             (16) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

             (17) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this paragraph. This subparagraph includes, but is not limited to, an offense prosecuted in:

                   (I) A tribal court.

                   (II) A court of the United States or the Armed Forces of the United States.

             (18) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this paragraph, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This subparagraph includes, but is not limited to, an offense prosecuted in:

                   (I) A tribal court.

                   (II) A court of the United States or the Armed Forces of the United States.

                   (III) A court having jurisdiction over juveniles.

Ê The term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

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

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ê2015 Statutes of Nevada, Page 906ê

 

CHAPTER 196, AB 46

Assembly Bill No. 46–Committee on Judiciary

 

CHAPTER 196

 

[Approved: May 27, 2015]

 

AN ACT relating to juvenile justice; revising provisions relating to the enforcement of certain civil judgments entered by a juvenile court for unpaid fines, administrative assessments, fees or restitution; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a juvenile court that orders a child or a parent or guardian of a child to pay a fine, administrative assessment, fee or restitution or to make any other payment to enter a civil judgment for the amount due if the administrative assessment, fee, restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment. Such a judgment may be entered against: (1) the child, if the child meets certain requirements; or (2) the parent or guardian of the child. If the juvenile court enters such a civil judgment and the child or the parent or guardian of the child is convicted of a crime before he or she satisfies the civil judgment, the court sentencing the child or the parent or guardian of the child for that crime is required by existing law to include in the sentence the civil judgment or portion thereof that remains unpaid. (NRS 62B.420) This bill removes that requirement.

 

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 62B.420 is hereby amended to read as follows:

      62B.420  1.  Except as otherwise provided in this subsection, if, pursuant to this title, a child or a parent or guardian of a child is ordered by the juvenile court to pay a fine, administrative assessment, fee or restitution or to make any other payment and the fine, administrative assessment, fee, restitution or other payment or any part of it remains unpaid after the time established by the juvenile court for its payment, the juvenile court may enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim, the state or local entity to whom the amount is owed or both. The juvenile court may not enter a civil judgment against a person who is a child unless the person has attained the age of 18 years, the person is a child who is determined to be outside the jurisdiction of the juvenile court pursuant to NRS 62B.330 or 62B.335 or the person is a child who is certified for proper criminal proceedings as an adult pursuant to NRS 62B.390.

      2.  Notwithstanding the termination of the jurisdiction of the juvenile court pursuant to NRS 62B.410 or the termination of any period of supervision or probation ordered by the juvenile court, the juvenile court retains jurisdiction over any civil judgment entered pursuant to subsection 1 and retains jurisdiction over the person against whom a civil judgment is entered pursuant to subsection 1. The juvenile court may supervise the civil judgment and take any of the actions authorized by the laws of this State.

 


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ê2015 Statutes of Nevada, Page 907 (Chapter 196, AB 46)ê

 

      3.  A civil judgment entered pursuant to subsection 1 may be enforced and renewed in the manner provided by law for the enforcement and renewal of a judgment for money rendered in a civil action.

      4.  If the juvenile court enters a civil judgment pursuant to subsection 1, the person or persons against whom the judgment is issued is liable for a collection fee, to be imposed by the juvenile court at the time the civil judgment is issued, of:

      (a) Not more than $100, if the amount of the judgment is less than $2,000.

      (b) Not more than $500, if the amount of the judgment is $2,000 or greater, but is less than $5,000.

      (c) Ten percent of the amount of the judgment, if the amount of the judgment is $5,000 or greater.

      5.  In addition to attempting to collect the judgment through any other lawful means, a victim, a representative of the victim or a state or local entity that is responsible for collecting a civil judgment entered pursuant to subsection 1 may take any or all of the following actions:

      (a) Except as otherwise provided in this paragraph, report the judgment to reporting agencies that assemble or evaluate information concerning credit. If the judgment was entered against a person who was less than 21 years of age at the time the judgment was entered, the judgment cannot be reported pursuant to this paragraph until the person reaches 21 years of age.

      (b) Request that the juvenile court take appropriate action pursuant to subsection 6.

      (c) Contract with a collection agency licensed pursuant to NRS 649.075 to collect the judgment and the collection fee. The collection agency must be paid as compensation for its services an amount not greater than the amount of the collection fee imposed pursuant to subsection 4, in accordance with the provisions of the contract.

      6.  If the juvenile court determines that a child or the parent or guardian of a child against whom a civil judgment has been entered pursuant to subsection 1 has failed to make reasonable efforts to satisfy the civil judgment, the juvenile court may take any of the following actions:

      (a) Order the suspension of the driver’s license of a child for a period not to exceed 1 year. If the child is already the subject of a court order suspending the driver’s license of the child, the juvenile court may order the additional suspension to apply consecutively with the previous order. At the time the juvenile court issues an order suspending the driver’s license of a child pursuant to this paragraph, the juvenile court shall require the child to surrender to the juvenile court all driver’s licenses then held by the child. The juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles the licenses, together with a copy of the order. The Department of Motor Vehicles shall report a suspension pursuant to this paragraph to an insurance company or its agent inquiring about the driving record of a child, but such a suspension must not be considered for the purpose of rating or underwriting.

      (b) If a child does not possess a driver’s license, prohibit the child from applying for a driver’s license for a period not to exceed 1 year. If the child is already the subject of a court order delaying the issuance of a license to drive, the juvenile court may order any additional delay in the ability of the child to apply for a driver’s license to apply consecutively with the previous order. At the time the juvenile court issues an order pursuant to this paragraph delaying the ability of a child to apply for a driver’s license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

 


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ê2015 Statutes of Nevada, Page 908 (Chapter 196, AB 46)ê

 

paragraph delaying the ability of a child to apply for a driver’s license, the juvenile court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles a copy of the order.

      (c) If the civil judgment was issued for a delinquent fine or administrative assessment, order the confinement of the person in the appropriate prison, jail or detention facility, as provided in NRS 176.065 and 176.075.

      (d) Enter a finding of contempt against a child or the parent or guardian of a child and punish the child or the parent or guardian for contempt in the manner provided in NRS 62E.040. A person who is indigent may not be punished for contempt pursuant to this subsection.

      7.  Money collected from a collection fee imposed pursuant to subsection 4 must be deposited and used in the manner set forth in subsection 4 of NRS 176.064.

      [8.  If the juvenile court enters a civil judgment pursuant to subsection 1 and the person against whom the judgment is entered is convicted of a crime before he or she satisfies the civil judgment, the court sentencing the person for that crime shall include in the sentence the civil judgment or such portion of the civil judgment that remains unpaid.]

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

________

CHAPTER 197, AB 48

Assembly Bill No. 48–Committee on Judiciary

 

CHAPTER 197

 

[Approved: May 27, 2015]

 

AN ACT relating to crimes; extending the period during which criminal records may not be sealed if the crime is related to certain crimes involving Medicaid; revising provisions relating to incentives for bringing certain actions for false or fraudulent Medicaid claims; revising provisions governing the distribution of amounts collected to private plaintiffs in actions for false claims; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a person convicted of a crime may, after the passage of specified periods, petition the court in which he or she was convicted for the sealing of all records of the conviction. Upon receiving such a petition, the court is required to notify the law enforcement agency that arrested the petitioner and the prosecuting attorney for the city or county who prosecuted the petitioner that the petitioner is seeking to have the records of the conviction sealed. The prosecuting attorney is authorized to testify and present evidence at any hearing concerning the petition. (NRS 179.245) Section 2 of this bill provides that a person who is convicted of a misdemeanor or gross misdemeanor for fraud or certain other offenses committed in connection with the State Plan for Medicaid is not entitled to file a petition for the sealing of records relating to his or her conviction until at least 7 years after the date of the person’s release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later. Section 2 also requires the court to provide notice of such a petition to the Attorney General if he or she was the prosecuting attorney who prosecuted the person for the crime.

 


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ê2015 Statutes of Nevada, Page 909 (Chapter 197, AB 48)ê

 

      The federal Deficit Reduction Act of 2005, Public Law 109-171, enacted certain provisions concerning state plans for Medicaid. Section 6031 of the Act provides financial incentives for states that enact laws establishing liability for false or fraudulent claims made to the State Plan for Medicaid. (42 U.S.C. § 1396h) To be eligible for these financial incentives, the laws of a state must contain provisions that are at least as effective at rewarding and facilitating certain qui tam actions for false or fraudulent claims as those described in the federal False Claims Act. (31 U.S.C. §§ 3730-3732) Sections 3-8 and 10 of this bill amend existing law concerning the filing of false or fraudulent claims so that the laws of this State are at least as effective at rewarding and facilitating such actions as the provisions described in federal law.

      Under existing law, a private plaintiff who initiates a civil action against a person for filing a false claim or otherwise defrauding the State or one of its political subdivisions, commonly called a qui tam action, is entitled to receive a percentage of the amount of any penalty recovered from the defendant according to the extent of the private plaintiff’s contribution to the conduct of the action or an amount the court trying the action otherwise determines to be reasonable. (NRS 357.210) Section 9 of this bill reduces from 33 percent to 25 percent the maximum share of any recovery to which a private plaintiff is entitled in certain qui tam actions if the Attorney General or the Attorney General’s designee intervenes in the action at its outset. Section 9 also reduces from 50 percent to 33 percent the maximum share of any recovery to which a private plaintiff is entitled in certain qui tam actions if the Attorney General or the Attorney General’s designee does not intervene in the action at its outset.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 5 and NRS 176A.265, 176A.295, 179.259, 453.3365 and 458.330, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A or B felony after 15 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) A category C or D felony after 12 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 7 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) [Any] Except as otherwise provided in paragraph (e), any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 422.540 to 422.570, inclusive, other than a felony, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (f) Any other misdemeanor after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by the petitioner’s current, verified records received from:

 


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             (1) The Central Repository for Nevada Records of Criminal History; and

             (2) All agencies of criminal justice which maintain such records within the city or county in which the conviction was entered;

      (b) If the petition references NRS 453.3365 or 458.330, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed; and

      (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and [:

      (a) If the person was convicted in a district court or justice court, the prosecuting attorney for the county; or

      (b) If the person was convicted in a municipal court,] the prosecuting attorney [for the city.

Ê] , including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

      4.  If, after the hearing, the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation, the California Bureau of Criminal Identification and Information and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

      5.  A person may not petition the court to seal records relating to a conviction of:

      (a) A crime against a child;

      (b) A sexual offense;

      (c) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

      (d) A violation of NRS 484C.430;

 


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ê2015 Statutes of Nevada, Page 911 (Chapter 197, AB 48)ê

 

      (e) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (f) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or

      (g) A violation of NRS 488.420 or 488.425.

      6.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      7.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving pornography and a minor pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Incest pursuant to NRS 201.180.

             (10) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (11) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (12) Lewdness with a child pursuant to NRS 201.230.

             (13) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (14) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

             (15) An attempt to commit an offense listed in this paragraph.

      Sec. 3. NRS 357.026 is hereby amended to read as follows:

      357.026  “Original source” means a person:

      1.  Who voluntarily discloses to the State or a political subdivision the information on which the allegations or transactions in an action for a false claim are based before the public disclosure of the information; or

 


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      2.  Who has knowledge of information that is independent of and materially adds to the publicly disclosed allegations or transactions and who voluntarily provides such information to the State or political subdivision before bringing an action for a false claim based on the information.

      Sec. 4. NRS 357.040 is hereby amended to read as follows:

      357.040  1.  Except as otherwise provided in NRS 357.050, a person who, with or without specific intent to defraud, does any of the following listed acts is liable to the State or a political subdivision, whichever is affected, for the amounts set forth in subsection 2:

      (a) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval.

      (b) Knowingly makes or uses, or causes to be made or used, a false record or statement that is material to a false or fraudulent claim.

      (c) Has possession, custody or control of public property or money used or to be used by the State or a political subdivision and knowingly delivers or causes to be delivered to the State or a political subdivision less money or property than the amount of which the person has possession, custody or control.

      (d) Is authorized to prepare or deliver a document that certifies receipt of money or property used or to be used by the State or a political subdivision and knowingly prepares or delivers such a document without knowing that the information on the document is true.

      (e) Knowingly buys, or receives as a pledge or security for an obligation or debt, public property from a person who is not authorized to sell or pledge the property.

      (f) Knowingly makes or uses, or causes to be made or used, a false record or statement that is material to an obligation to pay or transmit money or property to the State or a political subdivision.

      (g) Knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the State or a political subdivision.

      (h) Is a beneficiary of an inadvertent submission of a false claim and, after discovering the falsity of the claim, fails to disclose the falsity to the State or political subdivision within a reasonable time.

      (i) Conspires to commit any of the acts set forth in this subsection.

      2.  For each act described in subsection 1 that is committed by a person, the person is liable for:

      (a) Three times the amount of damages sustained by the State or political subdivision, whichever is affected, because of the act of the person;

      (b) The costs of a civil action brought to recover the damages described in paragraph (a); and

      (c) [A] Except as otherwise provided in this paragraph, a civil penalty of not less than $5,500 or more than $11,000. A civil penalty imposed pursuant to this paragraph must correspond to any adjustments in the monetary amount of a civil penalty for a violation of the federal False Claims Act, 31 U.S.C. § 3729(a), made by the Attorney General of the United States in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. 101-410, as amended.

      3.  As used in this section, a person acts “knowingly” with respect to information if he or she:

 


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      (a) Has knowledge of the information;

      (b) Acts in deliberate ignorance of whether the information is true or false; or

      (c) Acts in reckless disregard of the truth or falsity of the information.

      Sec. 5. NRS 357.080 is hereby amended to read as follows:

      357.080  1.  Except as otherwise provided in this section and NRS 357.100, a private plaintiff may bring an action pursuant to this chapter for a violation of NRS 357.040 on his or her own account and that of the State or a political subdivision, or both the State and a political subdivision. The action must be brought in the name of the State or the political subdivision, or both. After such an action is commenced, it may be dismissed only with written consent of the court and the Attorney General. The court and the Attorney General shall take into account the public purposes of this chapter and the best interests of the parties in dismissing the action or consenting to the dismissal, as applicable, and provide the reasons for dismissing the action or consenting to the dismissal, as applicable.

      2.  If a private plaintiff brings an action pursuant to this chapter, no person other than the Attorney General or the Attorney General’s designee may intervene or bring a related action pursuant to this chapter based on the facts underlying the first action.

      3.  An action may not be maintained by a private plaintiff pursuant to this chapter:

      (a) Against a member of the Legislature or the Judiciary, an elected officer of the Executive Department of the State Government, or a member of the governing body of a political subdivision, if the action is based upon evidence or information known to the State or political subdivision at the time the action was brought.

      (b) If the action is based upon allegations or transactions that are the subject of a civil action or an administrative proceeding for a monetary penalty to which the State or political subdivision is already a party.

      4.  A complaint filed pursuant to this section must be placed under seal and so remain for at least 60 days or until the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 has elected whether to intervene. No service may be made upon the defendant until so ordered by the court.

      5.  On the date the private plaintiff files a complaint, he or she shall send a copy of the complaint to the Attorney General by mail with return receipt requested. The private plaintiff shall send with each copy of the complaint a written disclosure of substantially all material evidence and information he or she possesses. If a district attorney or city attorney has accepted a designation from the Attorney General pursuant to NRS 357.070, the Attorney General shall forward a copy of the complaint to the district attorney or city attorney, as applicable.

      6.  An action pursuant to this chapter may be brought in any judicial district in this State in which the defendant can be found, resides, transacts business or in which any of the alleged fraudulent activities occurred.

      Sec. 6. NRS 357.100 is hereby amended to read as follows:

      357.100  Unless the Attorney General objects, a court shall dismiss an action or a claim made pursuant to this chapter that is substantially based on the same allegations or transactions that have been disclosed publicly:

 


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      1.  In a criminal, civil or administrative hearing to which the State, a political subdivision, or an agent of the State or a political subdivision is a party;

      2.  In an investigation, report, hearing or audit conducted by or at the request of a house of the Legislature, an auditor or the governing body of a political subdivision; or

      3.  By the news media,

Ê unless the action or claim is brought by the Attorney General, a designee of the Attorney General pursuant to NRS 357.070 or an original source of the information.

      Sec. 7. NRS 357.120 is hereby amended to read as follows:

      357.120  1.  If the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes, the private plaintiff remains a party to an action pursuant to NRS 357.080.

      2.  The Attorney General or the Attorney General’s designee may move to dismiss the action for good cause. The private plaintiff must be notified of the filing of the motion and is entitled to oppose it and present evidence at the hearing.

      3.  Except as otherwise provided in this subsection, the Attorney General or the Attorney General’s designee may settle the action. If the Attorney General or the Attorney General’s designee intends to settle the action, the Attorney General or the Attorney General’s designee shall notify the private plaintiff of that fact. Upon the request of the private plaintiff, the court shall determine , after a hearing, whether the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing for good cause, the court may [hear the proposed settlement] conduct such hearing in camera.

      Sec. 8. NRS 357.170 is hereby amended to read as follows:

      357.170  1.  An action pursuant to this chapter may not be commenced [more] :

      (a) More than 3 years after the date on which the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 discovers, or reasonably should have discovered, the fraudulent activity , [or more than 6 years after the fraudulent activity occurred,] but in no event more than 10 years after the fraudulent activity occurred [.] ; or

      (b) More than 6 years after the fraudulent activity occurred,

Ê whichever occurs later. Within those limits, an action may be based upon fraudulent activity that occurred before [July 1, 2007.] the effective date of this act.

      2.  In an action pursuant to this chapter, the standard of proof is a preponderance of the evidence. A finding of guilty or guilty but mentally ill in a criminal proceeding charging false statement or fraud, whether upon a verdict of guilty or guilty but mentally ill or a plea of guilty, guilty but mentally ill or nolo contendere, estops the person found guilty or guilty but mentally ill from denying an essential element of that offense in an action pursuant to this chapter based upon the same transaction as the criminal proceeding.

      Sec. 9. NRS 357.210 is hereby amended to read as follows:

      357.210  1.  Except as otherwise provided in subsection 3, if the Attorney General or a designee of the Attorney General pursuant to NRS 357.070 intervenes at the outset in an action pursuant to NRS 357.080, the private plaintiff is entitled to receive not less than 15 percent or more than [33] 25 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.

 


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than [33] 25 percent of any recovery, according to the extent of his or her contribution to the conduct of the action.

      2.  Except as otherwise provided in subsection 3, if the Attorney General or the Attorney General’s designee does not intervene in the action at the outset, the private plaintiff is entitled to receive not less than 25 percent or more than [50] 30 percent of any recovery, as the court determines to be reasonable.

      3.  Regardless of whether the Attorney General or the Attorney General’s designee intervenes in the action, if the court finds that the action was brought by a private plaintiff who planned or initiated the violation of NRS 357.040 upon which the action is based, the court may reduce the recovery to which the private plaintiff is otherwise entitled pursuant to subsection 1 or 2. The court shall consider the role of the private plaintiff in advancing the action and any other relevant circumstances. If the private plaintiff is convicted of criminal conduct arising from his or her role in the violation of NRS 357.040, the private plaintiff must be dismissed from the civil action and must not receive any share of the recovery pursuant to subsection 1 or 2. Any such dismissal does not prejudice the right of the Attorney General or the Attorney General’s designee to continue the action.

      Sec. 10. NRS 357.250 is hereby amended to read as follows:

      357.250  1.  If an employee, contractor or agent is discharged, demoted, suspended, threatened, harassed or discriminated against in the terms and conditions of employment as a result of any lawful act of the employee, contractor , [or] agent or associated others in furtherance of an action brought pursuant to this chapter [,] or any other effort to stop a violation of this chapter, the employee, contractor or agent is entitled to all relief necessary to make the employee, contractor or agent whole, including, without limitation, reinstatement with the same seniority as if the discharge, demotion, suspension, threat, harassment or discrimination had not occurred or damages in lieu of reinstatement if appropriate, twice the amount of lost compensation, interest on the lost compensation, any special damage sustained as a result of the discharge, demotion, suspension, threat, harassment or discrimination and punitive damages if appropriate. The employee, contractor or agent may also receive compensation for expenses recoverable pursuant to NRS 357.180, costs and attorney’s fees.

      2.  A civil action brought pursuant to this section may not be brought more than 3 years after the date on which the discharge, demotion, suspension, threat, harassment or discrimination occurred.

      Sec. 11. NRS 357.225 is hereby repealed.

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

________

 


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CHAPTER 198, AB 60

Assembly Bill No. 60–Committee on Legislative Operations and Elections

 

CHAPTER 198

 

[Approved: May 27, 2015]

 

AN ACT relating to ethics in government; revising provisions relating to ethics in government; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under the Nevada Ethics in Government Law, the Commission on Ethics is required to determine whether it has jurisdiction over a request for an opinion. (NRS 281A.280; NAC 281A.360, 281A.405) The Ethics Law also imposes time limits on the Commission to carry out certain duties. With respect to a request for an opinion regarding the conduct of a public officer or employee which is made by a third party and is more commonly known as a third-party request, the Executive Director of the Commission is required to complete an investigation and make a recommendation regarding the third-party request within 70 days after receipt of the request, unless the public officer or employee waives the time limit. (NRS 281A.440)

      To accommodate the time required for the Commission to determine whether it has jurisdiction concerning a third-party request, section 3 of this bill provides that within 45 days after receiving the request, the Commission shall determine whether it has jurisdiction concerning the request, unless the public officer or employee waives the time limit. If the Commission determines that it has jurisdiction concerning the request, the Executive Director must complete the investigation and make a recommendation regarding the request within 70 days after the jurisdictional determination, unless the public officer or employee waives the time limit.

      Under the Ethics Law, the investigative file relating to a request for an opinion, which includes any information obtained by the Commission during the course of an investigation related to the request, is confidential. (NRS 281A.440) Section 3 clarifies that the investigative file includes any information provided to or obtained by an investigatory panel consisting of Commission members or by the staff of the Commission.

      The Ethics Law further provides that all information that is not included in the investigative file relating to a request is confidential for a limited time until an investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter or until the public officer or employee authorizes disclosure, whichever occurs first. (NRS 281A.440) Section 3 authorizes additional confidentiality which allows a person who makes a third-party request to ask for the person’s name to be kept confidential under certain limited circumstances. In particular, section 3 states that the Commission: (1) shall keep the person’s name confidential if the person is a public officer or employee who works for the same public body, agency or employer as the public officer or employee who is the subject of the request; and (2) may keep the person’s name confidential if the person offers sufficient facts and circumstances showing a reasonable likelihood that disclosure of the person’s name will subject the person or a member of the person’s household to a bona fide threat of physical force or violence. However, if the Commission keeps the person’s name confidential, the Commission may not render an opinion in the matter unless there is sufficient evidence without the person’s testimony to consider the request. Additionally, if the Commission intends to present the person’s testimony as evidence, the Commission must disclose the person’s name within a reasonable time before the Commission’s hearing on the matter.

 

 


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      Under the Ethics Law, the Commission is required to consider various aggravating and mitigating factors when determining whether a violation of the Ethics Law is a willful violation and, if so, the amount of any civil penalty to be imposed for such a willful violation of the Ethics Law. (NRS 281A.170, 281A.475) Sections 1 and 4 of this bill clarify that the factors listed in the Ethics Law which must be considered by the Commission are not exclusive or exhaustive, and the Commission may consider other factors in the disposition of the matter if they bear a reasonable relationship to the determination of the severity of the violation.

      The Ethics Law includes a “safe harbor” provision, whereby any act or failure to act by a current or former public officer or employee is deemed to not be a willful violation if the public officer or employee establishes by sufficient evidence that: (1) the public officer or employee relied in good faith upon the advice of the legal counsel retained by his or her public body, agency or employer; and (2) the act or failure to act by the public officer or employee was not contrary to a prior published opinion issued by the Commission. (NRS 281A.480) Section 5 of this bill clarifies that to qualify for protection under the “safe harbor” provision, the advice of the legal counsel must have been: (1) provided to the public officer or employee before he or she acted or failed to act; and (2) based on a reasonable legal determination by the legal counsel under the circumstances when the advice was given that the act or failure to act would not be contrary to any prior published opinion issued by the Commission which was publicly available on the Internet website of the Commission.

      With certain exceptions, the Ethics Law imposes a 1-year “cooling off” period on former public officers and employees during which they are prohibited from soliciting or accepting employment from a business or industry over which they had regulatory authority in some capacity. However, the Ethics Law authorizes a current or former public officer or employee to request an opinion from the Commission to obtain relief from the strict application of the prohibition. The Ethics Law also authorizes a current public officer or employee to request the Commission to render an opinion providing guidance regarding his or her past, present or future conduct as a public officer or employee, which is known as a first-party request for an opinion. Under the Ethics Law, a request for an opinion regarding the application of the “cooling-off” prohibition or a first-party request for an opinion, as well as any opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request, are confidential unless, in part, the public officer or employee discloses the request for an opinion, opinion or related motion, evidence or record. (NRS 281A.440, 281A.550) Sections 3 and 6 of this bill allow a public officer or employee who made such a request to disclose the request for the opinion, the opinion and any motion, evidence or record related to the opinion to certain persons without waiving the confidentiality of the request for the opinion, opinion and any related motion, evidence or record.

 

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 281A.170 is hereby amended to read as follows:

      281A.170  “Willful violation” means a violation where [:

      1.  The] the public officer or employee:

      [(a)] 1.  Acted intentionally and knowingly; or

      [(b)] 2.  Was in a situation where this chapter imposed a duty to act and the public officer or employee intentionally and knowingly failed to act in the manner required by this chapter [; and

      2.  The] ,

 


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Ê unless the Commission determines, after applying the factors set forth in NRS 281A.475, that the public officer’s or employee’s act or failure to act has not resulted in a sanctionable violation of this chapter.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 281A.440 is hereby amended to read as follows:

      281A.440  1.  The Commission shall render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances within 45 days after receiving a request, on a form prescribed by the Commission, from a public officer or employee who is seeking guidance on questions which directly relate to the propriety of the requester’s own past, present or future conduct as a public officer or employee, unless the public officer or employee waives the time limit. The public officer or employee may also request the Commission to hold a public hearing regarding the requested opinion. If a requested opinion relates to the propriety of the requester’s own present or future conduct, the opinion of the Commission is:

      (a) Binding upon the requester as to the requester’s future conduct; and

      (b) Final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the requester.

      2.  The Commission may render an opinion interpreting the statutory ethical standards and apply the standards to a given set of facts and circumstances:

      (a) Upon request from a specialized or local ethics committee.

      (b) Except as otherwise provided in this subsection, upon request from a person, if the requester submits:

             (1) The request on a form prescribed by the Commission; and

             (2) All related evidence deemed necessary by the Executive Director and the investigatory panel to make a determination of whether there is just and sufficient cause to render an opinion in the matter.

      (c) Upon the Commission’s own motion regarding the propriety of conduct by a public officer or employee. The Commission shall not initiate proceedings pursuant to this paragraph based solely upon an anonymous complaint.

Ê The Commission shall not render an opinion interpreting the statutory ethical standards or apply those standards to a given set of facts and circumstances if the request is submitted by a person who is incarcerated in a correctional facility in this State.

      3.  Within 45 days after receiving a request for an opinion pursuant to paragraph (a) or (b) of subsection 2, the Commission shall determine whether it has jurisdiction concerning the request, unless the public officer or employee who is the subject of the request waives this time limit. Upon [receipt of] a determination by the Commission that it has jurisdiction concerning a request for an opinion [by the Commission] pursuant to paragraph (a) or (b) of subsection 2, or upon the motion of the Commission initiating a request for an opinion pursuant to paragraph (c) of subsection 2, as applicable, the Executive Director shall investigate the facts and circumstances relating to the request to determine whether there is just and sufficient cause for the Commission to render an opinion in the matter. The Executive Director shall notify the public officer or employee who is the subject of the request and provide the public officer or employee an opportunity to submit to the Executive Director a response to the allegations against the public officer or employee within 30 days after the date on which the public officer or employee received the notice of the request.

 


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opportunity to submit to the Executive Director a response to the allegations against the public officer or employee within 30 days after the date on which the public officer or employee received the notice of the request. The purpose of the response is to provide the Executive Director with any information relevant to the request which the public officer or employee believes may assist the Executive Director and the investigatory panel in conducting the investigation. The public officer or employee is not required in the response or in any proceeding before the investigatory panel to assert, claim or raise any objection or defense, in law or fact, to the allegations against the public officer or employee and no objection or defense, in law or fact, is waived, abandoned or barred by the failure to assert, claim or raise it in the response or in any proceeding before the investigatory panel.

      4.  The Executive Director shall complete the investigation and present a written recommendation relating to just and sufficient cause, including, without limitation, the specific evidence or reasons that support the recommendation, to the investigatory panel within 70 days after the [receipt of] determination by the Commission that it has jurisdiction concerning the request or after the motion of the Commission [for] initiating the request, as applicable, unless the public officer or employee waives this time limit.

      5.  Within 15 days after the Executive Director has provided the written recommendation in the matter to the investigatory panel pursuant to subsection 4, the investigatory panel shall conclude the investigation and make a final determination regarding whether there is just and sufficient cause for the Commission to render an opinion in the matter, unless the public officer or employee waives this time limit. The investigatory panel shall not determine that there is just and sufficient cause for the Commission to render an opinion in the matter unless the Executive Director has provided the public officer or employee an opportunity to respond to the allegations against the public officer or employee as required by subsection 3. The investigatory panel shall cause a record of its proceedings in each matter to be kept.

      6.  If the investigatory panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter, the Commission shall hold a hearing and render an opinion in the matter within 60 days after the determination of just and sufficient cause by the investigatory panel, unless the public officer or employee waives this time limit.

      7.  Each request for an opinion that a public officer or employee submits to the Commission pursuant to subsection 1, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

      (b) Discloses the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto [;] in any manner except to:

             (1) The public body, agency or employer of the public officer or employee; or

 


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             (2) A person to whom the Commission authorizes the current or former public officer or employee to make such a disclosure; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      8.  Except as otherwise provided in [subsection 9,] subsections 9 and 10, all information, communications, records, documents or other material in the possession of the Commission or its staff that is related to a request for an opinion regarding a public officer or employee submitted to or initiated by the Commission pursuant to subsection 2, including, without limitation, the record of the proceedings of the investigatory panel made pursuant to subsection 5, are confidential and not public records pursuant to chapter 239 of NRS until:

      (a) The investigatory panel determines whether there is just and sufficient cause to render an opinion in the matter and serves written notice of such a determination on the public officer or employee who is the subject of the request for an opinion submitted or initiated pursuant to subsection 2; or

      (b) The public officer or employee who is the subject of a request for an opinion submitted or initiated pursuant to subsection 2 authorizes the Commission in writing to make its information, communications, records, documents or other material which are related to the request publicly available,

Ê whichever occurs first.

      9.  Except as otherwise provided in this subsection, if a person who submits a request for an opinion pursuant to paragraph (b) of subsection 2 asks for the person’s name to be kept confidential, the Commission:

      (a) Shall keep the person’s name confidential if the person is a public officer or employee who works for the same public body, agency or employer as the public officer or employee who is the subject of the request.

      (b) May keep the person’s name confidential if the person offers sufficient facts and circumstances showing a reasonable likelihood that disclosure of the person’s name will subject the person or a member of the person’s household to a bona fide threat of physical force or violence.

Ê If the Commission keeps the person’s name confidential, the Commission shall not render an opinion in the matter unless there is sufficient evidence without the person’s testimony to consider the propriety of the conduct of the public officer or employee who is the subject of the request. If the Commission intends to present the person’s testimony for consideration as evidence in rendering an opinion in the matter, the Commission shall disclose the person’s name within a reasonable time before the Commission’s hearing on the matter.

      10.  Except as otherwise provided in this [section,] subsection, the investigative file [of the Commission] related to a request for an opinion regarding a public officer or employee, as described in subsection 17, is confidential. At any time after being served with written notice of the determination of the investigatory panel regarding the existence of just and sufficient cause for the Commission to render an opinion in the matter, the public officer or employee who is the subject of the request for an opinion may submit a written discovery request to the Commission for a copy of any portion of the investigative file that the Commission intends to present for consideration as evidence in rendering an opinion in the matter and a list of proposed witnesses.

 


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consideration as evidence in rendering an opinion in the matter and a list of proposed witnesses. Any portion of the investigative file which the Commission presents as evidence in rendering an opinion in the matter becomes a public record as provided in chapter 239 of NRS.

      [10.] 11.  Whenever the Commission holds a hearing pursuant to this section, the Commission shall:

      (a) Notify the person about whom the opinion was requested of the place and time of the Commission’s hearing on the matter;

      (b) Allow the person to be represented by counsel; and

      (c) Allow the person to hear the evidence presented to the Commission and to respond and present evidence on the person’s own behalf.

Ê The Commission’s hearing may be held no sooner than 10 days after the notice is given unless the person agrees to a shorter time.

      [11.] 12.  If a person who is not a party to a hearing before the Commission, including, without limitation, a person who has requested an opinion pursuant to paragraph (a) or (b) of subsection 2, wishes to ask a question of a witness at the hearing, the person must submit the question to the Executive Director in writing. The Executive Director may submit the question to the Commission if the Executive Director deems the question relevant and appropriate. This subsection does not require the Commission to ask any question submitted by a person who is not a party to the proceeding.

      [12.] 13.  If a person who requests an opinion pursuant to subsection 1 or 2 does not:

      (a) Submit all necessary information to the Commission; and

      (b) Declare by oath or affirmation that the person will testify truthfully,

Ê the Commission may decline to render an opinion.

      [13.] 14.  For good cause shown, the Commission may take testimony from a person by telephone or video conference.

      [14.] 15.  For the purposes of NRS 41.032, the members of the Commission and its employees shall be deemed to be exercising or performing a discretionary function or duty when taking an action related to the rendering of an opinion pursuant to this section.

      [15.] 16.  A meeting or hearing that the Commission or the investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      [16.] 17.  For the purposes of this section, the investigative file [of the Commission] which relates to a request for an opinion regarding a public officer or employee includes, without limitation, any information provided to or obtained by the Commission , its staff or an investigatory panel through any form of communication during the course of an investigation and any records, documents or other material created or maintained during the course of an investigation which relate to the public officer or employee who is the subject of the request for an opinion, including, without limitation, a transcript, regardless of whether such information, records, documents or other material are obtained by a subpoena.

      Sec. 4. NRS 281A.475 is hereby amended to read as follows:

      281A.475  1.  In determining whether a violation of this chapter is a willful violation and, if so, the amount of any civil penalty to be imposed on a public officer or employee or former public officer or employee pursuant to NRS 281A.480, the Commission shall consider [:] , without limitation:

 


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a public officer or employee or former public officer or employee pursuant to NRS 281A.480, the Commission shall consider [:] , without limitation:

      (a) The seriousness of the violation, including, without limitation, the nature, circumstances, extent and gravity of the violation;

      (b) The number and history of previous warnings issued to or violations of the provisions of this chapter by the public officer or employee;

      (c) The cost to the Commission to conduct the investigation and any hearing relating to the violation;

      (d) Any mitigating factors, including, without limitation, any self-reporting, prompt correction of the violation, any attempts to rectify the violation before any complaint is filed and any cooperation by the public officer or employee in resolving the complaint;

      (e) Any restitution or reimbursement paid to parties affected by the violation;

      (f) The extent of any financial gain resulting from the violation; and

      (g) Any other matter justice may require.

      2.  The factors set forth in this section are not exclusive or exhaustive, and the Commission may consider other factors in the disposition of the matter if they bear a reasonable relationship to the Commission’s determination of the severity of the violation.

      3.  In applying the factors set forth in this section, the Commission shall treat comparable situations in a comparable manner and shall ensure that the disposition of the matter bears a reasonable relationship to the severity of the violation.

      Sec. 5. NRS 281A.480 is hereby amended to read as follows:

      281A.480  1.  In addition to any other penalties provided by law and in accordance with the provisions of NRS 281A.475, the Commission may impose on a public officer or employee or former public officer or employee civil penalties:

      (a) Not to exceed $5,000 for a first willful violation of this chapter;

      (b) Not to exceed $10,000 for a separate act or event that constitutes a second willful violation of this chapter; and

      (c) Not to exceed $25,000 for a separate act or event that constitutes a third willful violation of this chapter.

      2.  In addition to any other penalties provided by law, the Commission may, upon its own motion or upon the motion of the person about whom an opinion was requested pursuant to NRS 281A.440, impose a civil penalty not to exceed $5,000 and assess an amount equal to the amount of attorney’s fees and costs actually and reasonably incurred by the person about whom an opinion was requested pursuant to NRS 281A.440 against a person who prevents, interferes with or attempts to prevent or interfere with the discovery or investigation of a violation of this chapter.

      3.  If the Commission finds that a violation of a provision of this chapter by a public officer or employee or former public officer or employee has resulted in the realization of a financial benefit by the current or former public officer or employee or another person, the Commission may, in addition to any other penalties provided by law, require the current or former public officer or employee to pay a civil penalty of not more than twice the amount so realized.

      4.  In addition to any other penalties provided by law, if a proceeding results in an opinion that:

 


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      (a) One or more willful violations of this chapter have been committed by a State Legislator removable from office only through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution, the Commission shall:

             (1) If the State Legislator is a member of the Senate, submit the opinion to the Majority Leader of the Senate or, if the Majority Leader of the Senate is the subject of the opinion or the person who requested the opinion, to the President Pro Tempore of the Senate; or

             (2) If the State Legislator is a member of the Assembly, submit the opinion to the Speaker of the Assembly or, if the Speaker of the Assembly is the subject of the opinion or the person who requested the opinion, to the Speaker Pro Tempore of the Assembly.

      (b) One or more willful violations of this chapter have been committed by a state officer removable from office only through impeachment pursuant to Article 7 of the Nevada Constitution, the Commission shall submit the opinion to the Speaker of the Assembly and the Majority Leader of the Senate or, if the Speaker of the Assembly or the Majority Leader of the Senate is the person who requested the opinion, to the Speaker Pro Tempore of the Assembly or the President Pro Tempore of the Senate, as appropriate.

      (c) One or more willful violations of this chapter have been committed by a public officer other than a public officer described in paragraphs (a) and (b), the willful violations shall be deemed to be malfeasance in office for the purposes of NRS 283.440 and the Commission:

             (1) May file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed fewer than three willful violations of this chapter.

             (2) Shall file a complaint in the appropriate court for removal of the public officer pursuant to NRS 283.440 when the public officer is found in the opinion to have committed three or more willful violations of this chapter.

Ê This paragraph grants an exclusive right to the Commission, and no other person may file a complaint against the public officer pursuant to NRS 283.440 based on any violation found in the opinion.

      5.  Notwithstanding any other provision of this chapter, any act or failure to act by a public officer or employee or former public officer or employee relating to this chapter is not a willful violation of this chapter if the public officer or employee establishes by sufficient evidence that:

      (a) The public officer or employee relied in good faith upon the advice of the legal counsel retained by his or her public body, agency or employer; and

      (b) The advice of the legal counsel was:

             (1) Provided to the public officer or employee before the public officer or employee acted or failed to act; and

             (2) Based on a reasonable legal determination by the legal counsel under the circumstances when the advice was given that the act or failure to act by the public officer or employee [was] would not be contrary to [a] any prior published opinion issued by the Commission [.] which was publicly available on the Internet website of the Commission.

      6.  In addition to any other penalties provided by law, a public employee who commits a willful violation of this chapter is subject to disciplinary proceedings by the employer of the public employee and must be referred for action in accordance to the applicable provisions governing the employment of the public employee.

 


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proceedings by the employer of the public employee and must be referred for action in accordance to the applicable provisions governing the employment of the public employee.

      7.  The provisions of this chapter do not abrogate or decrease the effect of the provisions of the Nevada Revised Statutes which define crimes or prescribe punishments with respect to the conduct of public officers or employees. If the Commission finds that a public officer or employee has committed a willful violation of this chapter which it believes may also constitute a criminal offense, the Commission shall refer the matter to the Attorney General or the district attorney, as appropriate, for a determination of whether a crime has been committed that warrants prosecution.

      8.  The imposition of a civil penalty pursuant to subsection 1, 2 or 3 is a final decision for the purposes of judicial review pursuant to NRS 233B.130.

      9.  A finding by the Commission that a public officer or employee has violated any provision of this chapter must be supported by a preponderance of the evidence unless a greater burden is otherwise prescribed by law.

      Sec. 6. NRS 281A.550 is hereby amended to read as follows:

      281A.550  1.  A former member of the Public Utilities Commission of Nevada shall not:

      (a) Be employed by a public utility or parent organization or subsidiary of a public utility; or

      (b) Appear before the Public Utilities Commission of Nevada to testify on behalf of a public utility or parent organization or subsidiary of a public utility,

Ê for 1 year after the termination of the member’s service on the Public Utilities Commission of Nevada.

      2.  A former member of the State Gaming Control Board or the Nevada Gaming Commission shall not:

      (a) Appear before the State Gaming Control Board or the Nevada Gaming Commission on behalf of a person who holds a license issued pursuant to chapter 463 or 464 of NRS or who is required to register with the Nevada Gaming Commission pursuant to chapter 463 of NRS; or

      (b) Be employed by such a person,

Ê for 1 year after the termination of the member’s service on the State Gaming Control Board or the Nevada Gaming Commission.

      3.  In addition to the prohibitions set forth in subsections 1 and 2, and except as otherwise provided in subsections 4 and 6, a former public officer or employee of a board, commission, department, division or other agency of the Executive Department of State Government, except a clerical employee, shall not solicit or accept employment from a business or industry whose activities are governed by regulations adopted by the board, commission, department, division or other agency for 1 year after the termination of the former public officer’s or employee’s service or period of employment if:

      (a) The former public officer’s or employee’s principal duties included the formulation of policy contained in the regulations governing the business or industry;

      (b) During the immediately preceding year, the former public officer or employee directly performed activities, or controlled or influenced an audit, decision, investigation or other action, which significantly affected the business or industry which might, but for this section, employ the former public officer or employee; or

 


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      (c) As a result of the former public officer’s or employee’s governmental service or employment, the former public officer or employee possesses knowledge of the trade secrets of a direct business competitor.

      4.  The provisions of subsection 3 do not apply to a former public officer who was a member of a board, commission or similar body of the State if:

      (a) The former public officer is engaged in the profession, occupation or business regulated by the board, commission or similar body;

      (b) The former public officer holds a license issued by the board, commission or similar body; and

      (c) Holding a license issued by the board, commission or similar body is a requirement for membership on the board, commission or similar body.

      5.  Except as otherwise provided in subsection 6, a former public officer or employee of the State or a political subdivision, except a clerical employee, shall not solicit or accept employment from a person to whom a contract for supplies, materials, equipment or services was awarded by the State or political subdivision, as applicable, for 1 year after the termination of the officer’s or employee’s service or period of employment, if:

      (a) The amount of the contract exceeded $25,000;

      (b) The contract was awarded within the 12-month period immediately preceding the termination of the officer’s or employee’s service or period of employment; and

      (c) The position held by the former public officer or employee at the time the contract was awarded allowed the former public officer or employee to affect or influence the awarding of the contract.

      6.  A current or former public officer or employee may request that the Commission apply the relevant facts in that person’s case to the provisions of subsection 3 or 5, as applicable, and determine whether relief from the strict application of those provisions is proper. If the Commission determines that relief from the strict application of the provisions of subsection 3 or 5, as applicable, is not contrary to:

      (a) The best interests of the public;

      (b) The continued ethical integrity of the State Government or political subdivision, as applicable; and

      (c) The provisions of this chapter,

Ê it may issue an opinion to that effect and grant such relief. The opinion of the Commission in such a case is final and subject to judicial review pursuant to NRS 233B.130, except that a proceeding regarding this review must be held in closed court without admittance of persons other than those necessary to the proceeding, unless this right to confidential proceedings is waived by the current or former public officer or employee.

      7.  Each request for an opinion that a current or former public officer or employee submits to the Commission pursuant to subsection 6, each opinion rendered by the Commission in response to such a request and any motion, determination, evidence or record of a hearing relating to such a request are confidential unless the current or former public officer or employee who requested the opinion:

      (a) Acts in contravention of the opinion, in which case the Commission may disclose the request for the opinion, the contents of the opinion and any motion, evidence or record of a hearing related thereto;

 


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      (b) Discloses the request for the opinion, the contents of the opinion or any motion, evidence or record of a hearing related thereto [;] in any manner except to:

             (1) The public body, agency or employer of the public officer or employee or a prospective employer of the public officer or employee; or

             (2) Any person to whom the Commission authorizes the current or former public officer or employee to make such a disclosure; or

      (c) Requests the Commission to disclose the request for the opinion, the contents of the opinion, or any motion, evidence or record of a hearing related thereto.

      8.  A meeting or hearing that the Commission or an investigatory panel holds to receive information or evidence concerning the propriety of the conduct of a current or former public officer or employee pursuant to this section and the deliberations of the Commission and the investigatory panel on such information or evidence are not subject to the provisions of chapter 241 of NRS.

      9.  As used in this section, “regulation” has the meaning ascribed to it in NRS 233B.038 and also includes regulations adopted by a board, commission, department, division or other agency of the Executive Department of State Government that is exempted from the requirements of chapter 233B of NRS.

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

________

CHAPTER 199, AB 65

Assembly Bill No. 65–Committee on Government Affairs

 

CHAPTER 199

 

[Approved: May 27, 2015]

 

AN ACT relating to public affairs; making various changes relating to the regulation of notaries public; authorizing the Secretary of State to conduct certain examinations of the records of a document preparation service; revising provisions relating to the authentication by the Secretary of State of certain information contained on notarized documents; revising the definition of “document preparation service” to exclude certain nonprofit organizations and collection agencies; making various changes relating to the regulation of document preparation services; authorizing the Secretary of State to adopt regulations prescribing procedures to prevent the filing of certain documents in his or her office; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits persons with certain criminal convictions from becoming notaries public and provides for the revocation of the appointment of notaries public who are convicted of certain crimes. (NRS 240.010, 240.150) Sections 1 and 6 of this bill clarify that those convictions include a conviction that follows a plea of nolo contendere or no contest. Section 1 also prohibits the Secretary of State from appointing as a notary public a person whose previous appointment as a notary public in this State or another state has been revoked for cause.

 


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      Existing law prohibits a person who has not been appointed as a notary public from representing himself or herself as a notary public. (NRS 240.010) Section 1 expands this prohibition to include those persons whose appointment has expired or been suspended or revoked, and provides a civil penalty for such a violation.

      Existing law requires that applicants for appointment as notaries public complete 4 hours of instruction relating to the functions and duties of notaries public. (NRS 240.018) Section 3 of this bill shortens the course to 3 hours and requires an examination. Section 3 also requires a person renewing his or her appointment as a notary public to retake the course, and allows the Secretary of State to require a notary public who has violated any provision of chapter 240 of NRS to retake the course. Additionally, section 3 authorizes the Secretary of State to use an outside vendor to administer the course and examination. Section 6.5 of this bill makes similar conforming changes to the course and examination requirements for an electronic notary public.

      Existing law requires the Secretary of State to issue, upon request and the payment of certain fees, an authentication to verify that: (1) the signature of a notarial officer on a document is valid; and (2) the notarial officer holds the office indicated on the document. (NRS 240.1657) Section 6.3 of this bill requires a request for authentication to include a statement signed under penalty of perjury that the document will not be used to: (1) harass a person; or (2) accomplish any fraudulent, criminal or other unlawful purpose. Section 6.3 also prohibits bringing a civil action against the Secretary of State on the basis that: (1) the Secretary of State has issued an authentication; and (2) the document has been used to harass a person or accomplish any fraudulent, criminal or other unlawful purpose. Additionally, section 6.3 provides that a person who uses a document for which an authentication has been issued for such unlawful purposes is guilty of a category C felony.

      Existing law prohibits certain actions by notaries public. (NRS 240.075) Section 4 of this bill prohibits a notary public from affixing his or her stamp to any document which does not contain a notarial certificate.

      Existing law prohibits the use of the Spanish term “notario” or “notario publico” in any signage or advertisement by a notary public who is not also an attorney licensed to practice law in this State. (NRS 240.085) Section 5 of this bill extends this prohibition to the employers of notaries public, and requires the imposition of a civil penalty for violating such a prohibition.

      Existing law requires that a person who wishes to register as a documentation preparation service must be a citizen or legal resident of the United States. (NRS 240A.100) Section 9 of this bill allows a person who holds employment authorization from the United States Citizenship and Immigration Services to register as a documentation preparation service. Section 9 also provides that an application for registration that is not completed within 6 months must be denied. Finally, section 9 prohibits the Secretary of State from registering as a document preparation service any person whose previous registration as a document preparation service in this State or another state has been revoked for cause.

      Existing law exempts certain persons from registering as a documentation preparation service. (NRS 240A.030) Section 8 of this bill clarifies which nonprofit organizations are not required to register and adds collection agencies to the list of such persons.

      Existing law requires that a document prepared by a documentation preparation service must include the name, address, phone number and registration number of the document preparation service. (NRS 240A.200) Section 11 of this bill deletes this requirement but requires a document preparation service to provide this information on any document on which the information is requested.

      Section 7 of this bill specifically authorizes the Secretary of State to inspect the documents required to be maintained by document preparation services to ensure compliance with the law.

 

 


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      Existing law authorizes the Secretary of State to adopt regulations prescribing procedures to prevent the filing of false or forged documents in his or her office. (NRS 225.083) Section 11.5 of this bill authorizes the Secretary of State also to adopt regulations prescribing procedures to prevent the filing of documents in his or her office that: (1) are fraudulent; (2) contain a false statement of material fact; or (3) are filed for the purpose of harassing or defrauding a 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 240.010 is hereby amended to read as follows:

      240.010  1.  The Secretary of State may appoint notaries public in this State.

      2.  The Secretary of State shall not appoint as a notary public a person:

      (a) Who submits an application containing a substantial and material misstatement or omission of fact.

      (b) Whose previous appointment as a notary public in this State or another state has been revoked [.] for cause.

      (c) Who, except as otherwise provided in subsection 3, has been convicted of [:] , or entered a plea of guilty, guilty but mentally ill or nolo contendere to:

             (1) A crime involving moral turpitude; or

             (2) Burglary, conversion, embezzlement, extortion, forgery, fraud, identity theft, larceny, obtaining money under false pretenses, robbery or any other crime involving misappropriation of the identity or property of another person or entity,

Ê if the Secretary of State is aware of such a conviction or plea before the Secretary of State makes the appointment.

      (d) Against whom a complaint that alleges a violation of a provision of this chapter is pending.

      (e) Who has not submitted to the Secretary of State proof satisfactory to the Secretary of State that the person has enrolled in and successfully completed a course of study provided pursuant to NRS 240.018.

      3.  A person who has been convicted of , or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving moral turpitude may apply for appointment as a notary public if the person provides proof satisfactory to the Secretary of State that:

      (a) More than 10 years have elapsed since the date of the person’s release from confinement or the expiration of the period of his or her parole, probation or sentence, whichever is later;

      (b) The person has made complete restitution for his or her crime involving moral turpitude, if applicable;

      (c) The person possesses his or her civil rights; and

      (d) The crime for which the person was convicted or entered a plea is not one of the crimes enumerated in subparagraph (2) of paragraph (c) of subsection 2.

      4.  A notary public may cancel his or her appointment by submitting a written notice to the Secretary of State.

      5.  It is unlawful for a person to:

      (a) Represent himself or herself as a notary public appointed pursuant to this section if the person has not received a certificate of appointment from the Secretary of State pursuant to this chapter [.]

 


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the Secretary of State pursuant to this chapter [.] , or if his or her appointment is expired, revoked or suspended or is otherwise not in good standing.

      (b) Submit an application for appointment as a notary public that contains a substantial and material misstatement or omission of fact.

      6.  Any person who violates a provision of paragraph (a) of subsection 5 is liable for a civil penalty of not more than $2,000 for each violation, plus reasonable attorney’s fees and costs.

      7.  The Secretary of State may request that the Attorney General bring an action to enjoin any violation of paragraph (a) of subsection 5 [.] and recover any penalties, attorney’s fees and costs.

      Sec. 2. NRS 240.015 is hereby amended to read as follows:

      240.015  1.  Except as otherwise provided in this section, a person appointed as a notary public must:

      (a) During the period of his or her appointment, be a citizen of the United States or lawfully admitted for permanent residency in the United States as verified by the United States Citizenship and Immigration Services.

      (b) Be a resident of this State.

      (c) Be at least 18 years of age.

      (d) Possess his or her civil rights.

      (e) Have completed a course of study pursuant to NRS 240.018.

      2.  If a person appointed as a notary public ceases to be lawfully admitted for permanent residency in the United States during his or her appointment, the person shall, within 90 days after his or her lawful admission has expired or is otherwise terminated, submit to the Secretary of State evidence that the person is lawfully readmitted for permanent residency as verified by the United States Citizenship and Immigration Services. If the person fails to submit such evidence within the prescribed time, the person’s appointment expires by operation of law.

      3.  The Secretary of State may appoint a person who resides in an adjoining state as a notary public if the person:

      (a) Maintains a place of business in the State of Nevada that is licensed pursuant to chapter 76 of NRS and any applicable business licensing requirements of the local government where the business is located; or

      (b) Is regularly employed at an office, business or facility located within the State of Nevada by an employer licensed to do business in this State.

Ê If such a person ceases to maintain a place of business in this State or regular employment at an office, business or facility located within this State, the Secretary of State may suspend the person’s appointment. The Secretary of State may reinstate an appointment suspended pursuant to this subsection if the notary public submits to the Secretary of State, before his or her term of appointment as a notary public expires, the information required pursuant to subsection 2 of NRS 240.030.

      Sec. 3. NRS 240.018 is hereby amended to read as follows:

      240.018  1.  The Secretary of State may:

      (a) Provide courses of study for the mandatory training of notaries public. Such courses of study [must] :

             (1) Must include at least [4] 3 hours of instruction and an examination relating to the functions and duties of notaries public [.] ; and

             (2) May be conducted in person or online by the Secretary of State or a vendor approved by the Secretary of State.

 


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      (b) Charge a reasonable fee to each person who enrolls in a course of study for the mandatory training of notaries public.

      2.  A course of study provided pursuant to this section must comply with the regulations adopted pursuant to subsection 1 of NRS 240.017.

      3.  The following persons are required to enroll in and successfully complete a course of study provided pursuant to this section:

      (a) A person applying for appointment as a notary public for the first time.

      (b) A person renewing his or her appointment as a notary public . [, if the appointment has expired for a period greater than 1 year.]

      (c) A person [renewing his or her appointment as a notary public, if during the immediately preceding 4 years the person has been fined for failing to comply with a statute or regulation of this State relating to notaries public.

Ê A person who holds a current appointment as a notary public is not required to enroll in and successfully complete a course of study provided pursuant to this section if the person is in compliance with all of the statutes and regulations of this State relating to notaries public.] who has committed a violation of this chapter or whose appointment as a notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section.

      4.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 1 in the Notary Public Training Account which is hereby created in the State General Fund. The Account must be administered by the Secretary of State. Any interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Any money remaining in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward. All claims against the Account must be paid as other claims against the State are paid. The money in the Account may be expended:

      (a) To pay for expenses related to providing courses of study for the mandatory training of notaries public, including, without limitation, the rental of rooms and other facilities, advertising, travel and the printing and preparation of course materials; or

      (b) For any other purpose authorized by the Legislature.

      5.  At the end of each fiscal year, the Secretary of State shall reconcile the amount of the fees collected pursuant to paragraph (b) of subsection 1 and the expenses related to administering the training of notaries public pursuant to this chapter and deposit any excess fees received with the State Treasurer for credit to the State General Fund.

      Sec. 4. NRS 240.075 is hereby amended to read as follows:

      240.075  A notary public shall not:

      1.  Influence a person to enter or not enter into a lawful transaction involving a notarial act performed by the notary public.

      2.  Certify an instrument containing a statement known by the notary public to be false.

      3.  Perform any act as a notary public with intent to deceive or defraud, including, without limitation, altering the journal that the notary public is required to keep pursuant to NRS 240.120.

 


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      4.  Endorse or promote any product, service or offering if his or her appointment as a notary public is used in the endorsement or promotional statement.

      5.  Certify photocopies of a certificate of birth, death or marriage or a divorce decree.

      6.  Allow any other person to use his or her notary’s stamp.

      7.  Allow any other person to sign the notary’s name in a notarial capacity.

      8.  Perform a notarial act on a document that contains only a signature.

      9.  Perform a notarial act on a document, including a form that requires the signer to provide information within blank spaces, unless the document has been filled out completely and has been signed.

      10.  Make or note a protest of a negotiable instrument unless the notary public is employed by a depository institution and the protest is made or noted within the scope of that employment. As used in this subsection, “depository institution” has the meaning ascribed to it in NRS 657.037.

      11.  Affix his or her stamp to any document which does not contain a notarial certificate.

      Sec. 5. NRS 240.085 is hereby amended to read as follows:

      240.085  1.  Every notary public who is not an attorney licensed to practice law in this State and who advertises his or her services as a notary public in a language other than English by any form of communication, except a single plaque on his or her desk, shall post or otherwise include with the advertisement a notice in the language in which the advertisement appears. The notice must be of a conspicuous size, if in writing, and must appear in substantially the following form:

 

       I AM NOT AN ATTORNEY IN THE STATE OF NEVADA. I AM NOT LICENSED TO GIVE LEGAL ADVICE. I MAY NOT ACCEPT FEES FOR GIVING LEGAL ADVICE.

 

      2.  A notary public who is not an attorney licensed to practice law in this State shall not use the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises his or her services as a notary public, including, without limitation, a business card, stationery, notice and sign.

      3.  If the Secretary of State finds a notary public guilty of violating the provisions of subsection 1 or 2, the Secretary of State shall:

      (a) Suspend the appointment of the notary public for not less than 1 year.

      (b) Revoke the appointment of the notary public for a third or subsequent offense.

      (c) Assess a civil penalty of not more than $2,000 for each violation.

      4.  A notary public who is found guilty in a criminal prosecution of violating subsection 1 or 2 shall be punished by a fine of not more than $2,000.

      5.  An employer of a notary public shall not:

      (a) Prohibit the notary public from meeting the requirements set forth in subsection 1; or

      (b) Advertise using the term “notario,” “notario publico” or any other equivalent non-English term in any form of communication that advertises notary public services, including, without limitation, a business card, stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State.

 


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stationery, notice and sign, unless the notary public under his or her employment is an attorney licensed to practice law in this State.

      6.  If the Secretary of State finds the employer of a notary public guilty of violating a provision of subsection 5, the Secretary of State shall:

      (a) Notify the employer in writing of the violation and order the immediate removal of such language.

      (b) Assess a civil penalty of not more than $2,000 for each violation.

      7.  The employer of a notary public who is found guilty in a criminal prosecution of violating a provision of subsection 5 shall be punished by a fine of not more than $2,000.

      Sec. 6. NRS 240.150 is hereby amended to read as follows:

      240.150  1.  For misconduct or neglect in a case in which a notary public appointed pursuant to the authority of this State may act, either by the law of this State or of another state, territory or country, or by the law of nations, or by commercial usage, the notary public is liable on his or her official bond to the parties injured thereby, for all the damages sustained.

      2.  The employer of a notary public may be assessed a civil penalty by the Secretary of State of not more than $2,000 for each violation specified in subsection 4 committed by the notary public, and the employer is liable for any damages proximately caused by the misconduct of the notary public, if:

      (a) The notary public was acting within the scope of his or her employment at the time the notary public engaged in the misconduct; and

      (b) The employer of the notary public consented to the misconduct of the notary public.

      3.  The Secretary of State may refuse to appoint or may suspend or revoke the appointment of a notary public who fails to provide to the Secretary of State, within a reasonable time, information that the Secretary of State requests from the notary public in connection with a complaint which alleges a violation of this chapter.

      4.  Except as otherwise provided in this chapter, for any willful violation or neglect of duty or other violation of this chapter, or upon proof that a notary public has been convicted of , or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime described in paragraph (c) of subsection 2 of NRS 240.010:

      (a) The appointment of the notary public may be suspended for a period determined by the Secretary of State, but not exceeding the time remaining on the appointment;

      (b) The appointment of the notary public may be revoked after a hearing; or

      (c) The notary public may be assessed a civil penalty of not more than $2,000 for each violation.

      5.  If the Secretary of State revokes or suspends the appointment of a notary public pursuant to this section, the Secretary of State shall:

      (a) Notify the notary public in writing of the revocation or suspension;

      (b) Cause notice of the revocation or suspension to be published on the website of the Secretary of State; and

      (c) If a county clerk has issued a certificate of permission to perform marriages to the notary public pursuant to NRS 122.064, notify the county clerk of the revocation or suspension.

      6.  Except as otherwise provided by law, the Secretary of State may assess the civil penalty that is authorized pursuant to this section upon a notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.

 


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notary public whose appointment has expired if the notary public committed the violation that justifies the civil penalty before his or her appointment expired.

      7.  The appointment of a notary public may be suspended or revoked by the Secretary of State pending a hearing if the Secretary of State believes it is in the public interest or is necessary to protect the public.

      Sec. 6.3. NRS 240.1657 is hereby amended to read as follows:

      240.1657  1.  Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document is genuine and that the notarial officer holds the office indicated on the document. If the document:

      (a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961.

      (b) Is intended for use in the United States or in a foreign country that is not a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue a certification.

      2.  The Secretary of State shall not issue an authentication pursuant to subsection 1 if:

      (a) The document has not been notarized in accordance with the provisions of this chapter; [or]

      (b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose [.] ; or

      (c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to:

             (1) Harass a person; or

             (2) Accomplish any fraudulent, criminal or other unlawful purpose.

      3.  No civil action may be brought against the Secretary of State on the basis that:

      (a) The Secretary of State has issued an authentication pursuant to subsection 1; and

      (b) The document has been used to:

             (1) Harass a person; or

             (2) Accomplish any fraudulent, criminal or other unlawful purpose.

      4.  A person who uses a document for which an authentication has been issued pursuant to subsection 1 to:

      (a) Harass a person; or

      (b) Accomplish any fraudulent, criminal or other unlawful purpose,

Ê is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000.

      5.  The Secretary of State may adopt regulations to carry out the provisions of this section.

 


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      Sec. 6.5. NRS 240.195 is hereby amended to read as follows:

      240.195  1.  Except as otherwise provided in subsection 2, an applicant for appointment as an electronic notary public must successfully:

      (a) Complete a course of study that is in accordance with the requirements of subsection 5; and

      (b) Pass an examination at the completion of the course.

      2.  The following persons [must] are required to enroll in and successfully complete a course of study as required pursuant to subsection 1:

      (a) A person applying for his or her first appointment as an electronic notary public;

      (b) A person renewing his or her appointment as an electronic notary public ; [if the appointment as an electronic notary public has been expired for a period of more than 1 year;] and

      (c) A person [renewing his or her appointment as an electronic notary public if, during the 4 years immediately preceding the application for renewal, the Secretary of State took action against the person pursuant to NRS 240.150 for failing to comply with any provision of this chapter or any regulations adopted pursuant thereto.

Ê A person renewing his or her appointment as an electronic notary public need not successfully complete a course of study as required pursuant to subsection 1 if the appointment as an electronic notary public has been expired for a period of 1 year or less.] who has committed a violation of this chapter or whose appointment or an electronic notary public has been suspended, and who has been required by the Secretary of State to enroll in a course of study provided pursuant to this section.

      3.  A course of study required to be completed pursuant to subsection 1 must:

      (a) Include at least 3 hours of instruction;

      (b) Provide instruction in electronic notarization, including, without limitation, notarial law and ethics, technology and procedures;

      (c) Include an examination of the course content;

      (d) Comply with the regulations adopted pursuant to NRS 240.206; and

      (e) Be approved by the Secretary of State.

      4.  The Secretary of State may, with respect to a course of study required to be completed pursuant to subsection 1:

      (a) Provide such a course of study; and

      (b) Charge a reasonable fee to each person who enrolls in such a course of study.

      5.  A course of study provided pursuant to this section [must] :

      (a) Must satisfy the criteria set forth in subsection 3 and comply with the requirements set forth in the regulations adopted pursuant to NRS 240.206.

      (b) May be provided in person or online by the Secretary of State or a vendor approved by the Secretary of State.

      6.  The Secretary of State shall deposit the fees collected pursuant to paragraph (b) of subsection 4 in the Notary Public Training Account created pursuant to NRS 240.018.

      Sec. 7. Chapter 240A of NRS is hereby amended by adding thereto a new section to read as follows:

      The Secretary of State may conduct periodic, special or any other examinations of any records required to be maintained pursuant to this chapter or any other provisions of NRS pertaining to the duties of a registrant as the Secretary of State deems necessary to determine whether a violation of this chapter or any other provision of NRS pertaining to the duties of a registrant has occurred.

 


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whether a violation of this chapter or any other provision of NRS pertaining to the duties of a registrant has occurred.

      Sec. 8. NRS 240A.030 is hereby amended to read as follows:

      240A.030  1.  “Document preparation service” means a person who:

      (a) For compensation and at the direction of a client, provides assistance to the client in a legal matter, including, without limitation:

             (1) Preparing or completing any pleading, application or other document for the client;

             (2) Translating an answer to a question posed in such a document;

             (3) Securing any supporting document, such as a birth certificate, required in connection with the legal matter; or

             (4) Submitting a completed document on behalf of the client to a court or administrative agency; or

      (b) Holds himself or herself out as a person who provides such services.

      2.  The term does not include:

      (a) A person who provides only secretarial or receptionist services.

      (b) An attorney authorized to practice law in this State, or an employee of such an attorney who is paid directly by the attorney or law firm with whom the attorney is associated and who is acting in the course and scope of that employment.

      (c) A law student certified by the State Bar of Nevada for training in the practice of law.

      (d) A governmental entity or an employee of such an entity who is acting in the course and scope of that employment.

      (e) A nonprofit organization formed pursuant to title 7 of NRS which [qualifies as] the Secretary of the Treasury has determined is a tax-exempt organization pursuant to 26 U.S.C. § 501(c) and which provides legal services to persons free of charge, or an employee of such an organization who is acting in the course and scope of that employment.

      (f) A legal aid office or lawyer referral service operated, sponsored or approved by a duly accredited law school, a governmental entity, the State Bar of Nevada or any other bar association which is representative of the general bar of the geographical area in which the bar association exists, or an employee of such an office or service who is acting in the course and scope of that employment.

      (g) A military legal assistance office or a person assigned to such an office who is acting in the course and scope of that assignment.

      (h) A person licensed by or registered with an agency or entity of the United States Government acting within the scope of his or her license or registration, including, without limitation, an accredited immigration representative and an enrolled agent authorized to practice before the Internal Revenue Service, but not including a bankruptcy petition preparer as defined by section 110 of the United States Bankruptcy Code, 11 U.S.C. § 110.

      (i) A corporation, limited-liability company or other entity representing or acting for itself through an officer, manager, member or employee of the entity, or any such officer, manager, member or employee who is acting in the course and scope of that employment.

      (j) A commercial wedding chapel.

      (k) A person who provides legal forms or computer programs that enable another person to create legal documents.

      (l) A commercial registered agent.

 


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      (m) A person who holds a license, permit, certificate, registration or any other type of authorization required by chapter 645 or 692A of NRS, or any regulation adopted pursuant thereto, and is acting within the scope of that authorization.

      (n) A collection agency that is licensed pursuant to chapter 649 of NRS.

      3.  As used in this section:

      (a) “Commercial registered agent” has the meaning ascribed to it in NRS 77.040.

      (b) “Commercial wedding chapel” means a permanently affixed structure which operates a business principally for the performance of weddings and which is licensed for that purpose.

      Sec. 9. NRS 240A.100 is hereby amended to read as follows:

      240A.100  1.  A person who wishes to engage in the business of a document preparation service must be registered by the Secretary of State pursuant to this chapter. An applicant for registration must be a citizen or legal resident of the United States or hold a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security, and be at least 18 years of age.

      2.  The Secretary of State shall not register as a document preparation service any person:

      (a) Who is suspended or has previously been disbarred from the practice of law in any jurisdiction;

      (b) Whose registration as a document preparation service in this State or another state has previously been revoked [by the Secretary of State;] for cause;

      (c) Who has previously been convicted of , or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a gross misdemeanor pursuant to paragraph (b) of subsection 1 of NRS 240A.290; or

      (d) Who has, within the 10 years immediately preceding the date of the application for registration as a document preparation service, been:

             (1) Convicted of , or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a crime involving theft, fraud or dishonesty;

             (2) Convicted of , or entered a plea of guilty, guilty but mentally ill or nolo contendere to, the unauthorized practice of law pursuant to NRS 7.285 or the corresponding statute of any other jurisdiction; or

             (3) Adjudged by the final judgment of any court to have committed an act involving theft, fraud or dishonesty.

      3.  An application for registration as a document preparation service must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of NRS 240A.120.

      4.  After the investigation of the history of the applicant is completed, the Secretary of State shall issue a certificate of registration if the applicant is qualified for registration and has complied with the requirements of this section. Each certificate of registration must bear the name of the registrant and a registration number unique to that registrant. The Secretary of State shall maintain a record of the name and registration number of each registrant.

      5.  An application for registration as a document preparation service that is not completed within 6 months after the date on which the application was submitted must be denied.

 


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      Sec. 10. NRS 240A.110 is hereby amended to read as follows:

      240A.110  1.  The registration of a document preparation service is valid for 1 year after the date of issuance of the certificate of registration, unless the registration is suspended or revoked. Except as otherwise provided in this section, the registration may be renewed subject to the same conditions as the initial registration. An application for renewal must be made under penalty of perjury on a form prescribed by regulation of the Secretary of State and must be accompanied by a cash bond or surety bond meeting the requirements of NRS 240A.120, unless the bond previously filed by the registrant remains on file and in effect.

      2.  The registration of a registrant who holds a valid Employment Authorization Document issued by the United States Citizenship and Immigration Services of the Department of Homeland Security must expire on the date on which that person’s employment authorization expires.

      3.  The Secretary of State may:

      (a) Conduct any investigation of a registrant that the Secretary of State deems appropriate.

      (b) Require a registrant to submit a complete set of fingerprints and written permission authorizing the Secretary of State to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      [3.]4.  After any investigation of the history of a registrant is completed, unless the Secretary of State elects or is required to deny renewal pursuant to this section or NRS 240A.270, the Secretary of State shall renew the registration if the registrant is qualified for registration and has complied with the requirements of this section.

      Sec. 11. NRS 240A.200 is hereby amended to read as follows:

      240A.200  [Any] If a document prepared for a client by a registrant [must include, below any required signature of the client,] includes a place on the document for the registrant to provide information, including, without limitation, the name, business address , [and] telephone number and registration number of the registrant [.] , the registrant shall include the requested information on the document.

      Sec. 11.5. NRS 225.083 is hereby amended to read as follows:

      225.083  1.  The Secretary of State shall prominently post the following notice at each office and each location on his or her Internet website at which documents are accepted for filing:

 

The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.

 

Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.

 


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      2.  The Secretary of State may adopt regulations prescribing procedures to prevent the filing [of false or forged documents] in his or her office [.] of:

      (a) False, fraudulent or forged documents.

      (b) Documents that contain a false statement of material fact.

      (c) Documents that are filed for the purpose of harassing or defrauding a person.

      Sec. 12.  1.  The provisions of NRS 240.018, as amended by section 3 of this act, do not apply to a notary public whose appointment as a notary public expires before July 1, 2015.

      2.  The provisions of NRS 240.195, as amended by section 6.5 of this act, do not apply to an electronic notary public whose appointment as an electronic notary public expires before July 1, 2015.

      Sec. 13.  This act becomes effective on July 1, 2015.

________

CHAPTER 200, AB 66

Assembly Bill No. 66–Committee on Judiciary

 

CHAPTER 200

 

[Approved: May 27, 2015]

 

AN ACT relating to justice courts; revising the qualifications of justices of the peace in certain townships; increasing the monetary limit of the jurisdiction of justice courts; increasing the monetary limit on the claims that may be adjudicated under the procedure for small claims; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that in a county whose population is 700,000 or more (currently Clark County), a justice of the peace in a township whose population is 100,000 or more is required to be an attorney who: (1) is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment; and (2) has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment. The same requirements are imposed upon a justice of the peace in a township whose population is 250,000 or more in a county whose population is less than 700,000 (currently all counties other than Clark County). (NRS 4.010) Section 1 of this bill revises these provisions and provides that the requirements apply to a justice of the peace in a township whose population is 100,000 or more in a county whose population is 100,000 or more (currently Clark and Washoe Counties).

      Existing law also provides that justice courts have jurisdiction over certain civil actions, including: (1) certain actions in which the amount at issue does not exceed $10,000; and (2) small claims for the recovery of money only in which the amount claimed does not exceed $7,500. (NRS 4.370, 73.010) Sections 2.2 and 2.4 of this bill increase such amounts to $15,000 and $10,000, respectively. Sections 2.6 and 2.8 of this bill make conforming changes.

      Existing law requires each justice of the peace to charge and collect certain fees for various civil actions, proceedings and filings in the justice court. For actions and proceedings other than small claims, the amount of the fees charged and collected is based upon the sum claimed in the action or proceeding. (NRS 4.060) Section 1.3 of this bill provides that for the preparation and filing of an affidavit and order in a small claims action, if the sum claimed exceeds $7,500 but does not exceed $10,000, a justice of the peace is required to charge and collect a fee of $175.

 


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ê2015 Statutes of Nevada, Page 939 (Chapter 200, AB 66)ê

 

justice of the peace is required to charge and collect a fee of $175. Section 1.7 of this bill provides that on the commencement of any action or proceeding other than a small claims action, if the sum claimed exceeds $10,000 but does not exceed $15,000, a justice of the peace is required to charge and collect a fee of $250.

      Section 5 of this bill provides that the provisions of this bill relating to the qualifications of justices of the peace in certain townships and civil actions in justice court concerning small claims become effective on October 1, 2015. The provisions of this bill relating to civil actions in justice court other than small claims become effective on January 1, 2017.

 

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 4.010 is hereby amended to read as follows:

      4.010  1.  A person may not be a candidate for or be eligible to the office of justice of the peace unless the person is a qualified elector and has never been removed or retired from any judicial office by the Commission on Judicial Discipline. For the purposes of this subsection, a person is eligible to be a candidate for the office of justice of the peace if a decision to remove or retire the person from a judicial office is pending appeal before the Supreme Court or has been overturned by the Supreme Court.

      2.  A justice of the peace must have a high school diploma or its equivalent as determined by the State Board of Education . [and:

      (a)]3.  In a county whose population is [700,000] 100,000 or more, a justice of the peace in a township whose population is 100,000 or more must be an attorney who [is] :

      (a) Is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment ; and [has]

      (b) Has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.

      [(b) In a county whose population is less than 700,000, a justice of the peace in a township whose population is 250,000 or more must be an attorney who is licensed and admitted to practice law in the courts of this State at the time of his or her election or appointment and has been licensed and admitted to practice law in the courts of this State, another state or the District of Columbia for not less than 5 years at any time preceding his or her election or appointment.

      3.  Subsection 2 does]

      4.  Subsections 2 and 3 do not apply to any person who held the office of justice of the peace on June 30, 2001.

      Sec. 1.3. NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

 

 

 


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ê2015 Statutes of Nevada, Page 940 (Chapter 200, AB 66)ê

 

If the sum claimed does not exceed $2,500.................................. $50.00

If the sum claimed exceeds $2,500 but does not exceed $5,000 100.00

If the sum claimed exceeds $5,000 but does not exceed $10,000 175.00

In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to quit has been served pursuant to NRS 40.255................................................ 225.00

In all other civil actions........................................................................ 50.00

 

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

 

If the sum claimed does not exceed $1,000.................................. $45.00

If the sum claimed exceeds $1,000 but does not exceed $2,500 65.00

If the sum claimed exceeds $2,500 but does not exceed $5,000 85.00

If the sum claimed exceeds $5,000 but does not exceed $7,500 125.00

If the sum claimed exceeds $7,500 but does not exceed $10,000 175.00

 

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:

 

In all civil actions................................................................................ $50.00

For every additional defendant, appearing separately.................. 25.00

 

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention..................................... $25.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court, other than a writ of restitution...... $25.00

      (g) For the issuance of any writ of restitution..................................... $75.00

      (h) For filing a notice of appeal, and appeal bonds.......................... $25.00

             One charge only may be made if both papers are filed at the same time.

      (i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court       $25.00

      (j) For preparation and transmittal of transcript and papers on appeal $25.00

      (k) For celebrating a marriage and returning the certificate to the county recorder or county clerk    $75.00

      (l) For entering judgment by confession.............................................. $50.00

      (m) For preparing any copy of any record, proceeding or paper, for each page     $.50

 


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ê2015 Statutes of Nevada, Page 941 (Chapter 200, AB 66)ê

 

      (n) For each certificate of the clerk, under the seal of the court........ $3.00

      (o) For searching records or files in his or her office, for each year.. $1.00

      (p) For filing and acting upon each bail or property bond............... $50.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.

      3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (k) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.

      4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.

      5.  The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

      (a) An amount equal to $5 of each fee collected pursuant to paragraph (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.

      (b) One-half of the fees collected pursuant to paragraph (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.

      6.  Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to:

      (a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (e) Acquire advanced technology for the use of a justice court;

      (f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts;

      (g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court;

 


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ê2015 Statutes of Nevada, Page 942 (Chapter 200, AB 66)ê

 

      (h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and

      (i) Pay for one-time projects for the improvement of a justice court.

Ê Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.

      7.  The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.

      8.  Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains:

      (a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and

      (b) A proposal for any expenditures by the justice court from the special account for the following fiscal year.

      Sec. 1.7. NRS 4.060 is hereby amended to read as follows:

      4.060  1.  Except as otherwise provided in this section and NRS 33.017 to 33.100, inclusive, each justice of the peace shall charge and collect the following fees:

      (a) On the commencement of any action or proceeding in the justice court, other than in actions commenced pursuant to chapter 73 of NRS, to be paid by the party commencing the action:

 

If the sum claimed does not exceed $2,500.................................. $50.00

If the sum claimed exceeds $2,500 but does not exceed $5,000 100.00

If the sum claimed exceeds $5,000 but does not exceed $10,000 175.00

If the sum claimed exceeds $10,000 but does not exceed $15,000 250.00

In a civil action for unlawful detainer pursuant to NRS 40.290 to 40.420, inclusive, in which a notice to quit has been served pursuant to NRS 40.255................................................ 225.00

In all other civil actions........................................................................ 50.00

 

      (b) For the preparation and filing of an affidavit and order in an action commenced pursuant to chapter 73 of NRS:

 

If the sum claimed does not exceed $1,000.................................. $45.00

If the sum claimed exceeds $1,000 but does not exceed $2,500 65.00

If the sum claimed exceeds $2,500 but does not exceed $5,000 85.00

 


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If the sum claimed exceeds $5,000 but does not exceed $7,500 $125.00

If the sum claimed exceeds $7,500 but does not exceed $10,000 175.00

 

      (c) On the appearance of any defendant, or any number of defendants answering jointly, to be paid by the defendant or defendants on filing the first paper in the action, or at the time of appearance:

 

In all civil actions................................................................................ $50.00

For every additional defendant, appearing separately.................. 25.00

 

      (d) No fee may be charged where a defendant or defendants appear in response to an affidavit and order issued pursuant to the provisions of chapter 73 of NRS.

      (e) For the filing of any paper in intervention..................................... $25.00

      (f) For the issuance of any writ of attachment, writ of garnishment, writ of execution or any other writ designed to enforce any judgment of the court, other than a writ of restitution....... $25.00

      (g) For the issuance of any writ of restitution..................................... $75.00

      (h) For filing a notice of appeal, and appeal bonds........................... $25.00

             One charge only may be made if both papers are filed at the same time.

      (i) For issuing supersedeas to a writ designed to enforce a judgment or order of the court       $25.00

      (j) For preparation and transmittal of transcript and papers on appeal $25.00

      (k) For celebrating a marriage and returning the certificate to the county recorder or county clerk    $75.00

      (l) For entering judgment by confession.............................................. $50.00

      (m) For preparing any copy of any record, proceeding or paper, for each page     $.50

      (n) For each certificate of the clerk, under the seal of the court........ $3.00

      (o) For searching records or files in his or her office, for each year... $1.00

      (p) For filing and acting upon each bail or property bond................ $50.00

      2.  A justice of the peace shall not charge or collect any of the fees set forth in subsection 1 for any service rendered by the justice of the peace to the county in which his or her township is located.

      3.  A justice of the peace shall not charge or collect the fee pursuant to paragraph (k) of subsection 1 if the justice of the peace performs a marriage ceremony in a commissioner township.

      4.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, the justice of the peace shall, on or before the fifth day of each month, account for and pay to the county treasurer all fees collected pursuant to subsection 1 during the preceding month, except for the fees the justice of the peace may retain as compensation and the fees the justice of the peace is required to pay to the State Controller pursuant to subsection 5.

 


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      5.  The justice of the peace shall, on or before the fifth day of each month, pay to the State Controller:

      (a) An amount equal to $5 of each fee collected pursuant to paragraph (k) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Account for Aid for Victims of Domestic Violence in the State General Fund.

      (b) One-half of the fees collected pursuant to paragraph (p) of subsection 1 during the preceding month. The State Controller shall deposit the money in the Fund for the Compensation of Victims of Crime.

      6.  Except as otherwise provided in subsection 7, the county treasurer shall deposit 25 percent of the fees received pursuant to subsection 4 into a special account administered by the county and maintained for the benefit of each justice court within the county. The money in that account must be used only to:

      (a) Acquire land on which to construct additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (b) Construct or acquire additional facilities or a portion of a facility for a justice court or a multi-use facility that includes a justice court;

      (c) Renovate, remodel or expand existing facilities or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (d) Acquire furniture, fixtures and equipment necessitated by the construction or acquisition of additional facilities or a portion of a facility or the renovation, remodeling or expansion of an existing facility or a portion of an existing facility for a justice court or a multi-use facility that includes a justice court;

      (e) Acquire advanced technology for the use of a justice court;

      (f) Acquire equipment or additional staff to enhance the security of the facilities used by a justice court, justices of the peace, staff of a justice court and residents of this State who access the justice courts;

      (g) Pay for the training of staff or the hiring of additional staff to support the operation of a justice court;

      (h) Pay debt service on any bonds issued pursuant to subsection 3 of NRS 350.020 for the acquisition of land or facilities or for the construction, renovation, remodeling or expansion of facilities for a justice court or a multi-use facility that includes a justice court; and

      (i) Pay for one-time projects for the improvement of a justice court.

Ê Any money remaining in the account at the end of a fiscal year must be carried forward to the next fiscal year.

      7.  The county treasurer shall, if necessary, reduce on an annual basis the amount deposited into the special account pursuant to subsection 6 to ensure that the total amount of fees collected by a justice court pursuant to this section and paid by the justice of the peace to the county treasurer pursuant to subsection 4 is, for any fiscal year, not less than the total amount of fees collected by that justice court and paid by the justice of the peace to the county treasurer for the fiscal year beginning July 1, 2012, and ending June 30, 2013.

      8.  Each justice court that collects fees pursuant to this section shall submit to the board of county commissioners of the county in which the justice court is located an annual report that contains:

 


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      (a) An estimate of the amount of money that the county treasurer will deposit into the special account pursuant to subsection 6 from fees collected by the justice court for the following fiscal year; and

      (b) A proposal for any expenditures by the justice court from the special account for the following fiscal year.

      Sec. 2. NRS 4.355 is hereby amended to read as follows:

      4.355  1.  A justice of the peace in a township whose population is 40,000 or more may appoint a referee to take testimony and recommend orders and a judgment:

      (a) In any action filed pursuant to NRS 73.010;

      (b) In any action filed pursuant to NRS 33.200 to 33.360, inclusive;

      (c) In any action for a misdemeanor constituting a violation of chapters 484A to 484E, inclusive, of NRS, except NRS 484C.110 or 484C.120; or

      (d) In any action for a misdemeanor constituting a violation of a county traffic ordinance.

      2.  The referee must meet the qualifications of a justice of the peace as set forth in [subsections 1 and 2 of] NRS 4.010.

      3.  The referee:

      (a) Shall take testimony;

      (b) Shall make findings of fact, conclusions of law and recommendations for an order or judgment;

      (c) May, subject to confirmation by the justice of the peace, enter an order or judgment; and

      (d) Has any other power or duty contained in the order of reference issued by the justice of the peace.

      4.  The findings of fact, conclusions of law and recommendations of the referee must be furnished to each party or his or her attorney at the conclusion of the proceeding or as soon thereafter as possible. Within 5 days after receipt of the findings of fact, conclusions of law and recommendations, a party may file a written objection. If no objection is filed, the court shall accept the findings, unless clearly erroneous, and the judgment may be entered thereon. If an objection is filed within the 5-day period, the justice of the peace shall review the matter by trial de novo, except that if all of the parties so stipulate, the review must be confined to the record.

      5.  A referee must be paid one-half of the hourly compensation of a justice of the peace.

      Sec. 2.2.NRS 4.370 is hereby amended to read as follows:

      4.370  1.  Except as otherwise provided in subsection 2, justice courts have jurisdiction of the following civil actions and proceedings and no others except as otherwise provided by specific statute:

      (a) In actions arising on contract for the recovery of money only, if the sum claimed, exclusive of interest, does not exceed [$10,000.] $15,000.

      (b) In actions for damages for injury to the person, or for taking, detaining or injuring personal property, or for injury to real property where no issue is raised by the verified answer of the defendant involving the title to or boundaries of the real property, if the damage claimed does not exceed [$10,000.] $15,000.

      (c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding [$10,000,] $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

 


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      (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed [$10,000,] $15,000, though the penalty may exceed that sum. Bail bonds and other undertakings posted in criminal matters may be forfeited regardless of amount.

      (e) In actions to recover the possession of personal property, if the value of the property does not exceed [$10,000.] $15,000.

      (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed [$10,000.] $15,000.

      (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed [$10,000] $15,000 or when no damages are claimed.

      (h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed [$10,000] $15,000 or when no damages are claimed.

      (i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed [$10,000.] $15,000.

      (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$10,000.] $15,000.

      (k) Of actions for the enforcement of liens of owners of facilities for storage, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed [$10,000.] $15,000.

      (l) In actions for a fine imposed for a violation of NRS 484D.680.

      (m) Except as otherwise provided in this paragraph, in any action for the issuance of a temporary or extended order for protection against domestic violence. A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domestic violence:

             (1) In a county whose population is 100,000 or more and less than 700,000;

             (2) In any township whose population is 100,000 or more located within a county whose population is 700,000 or more; or

             (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court.

      (n) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive.

      (o) In small claims actions under the provisions of chapter 73 of NRS.

      (p) In actions to contest the validity of liens on mobile homes or manufactured homes.

      (q) In any action pursuant to NRS 200.591 for the issuance of a protective order against a person alleged to be committing the crime of stalking, aggravated stalking or harassment.

      (r) In any action pursuant to NRS 200.378 for the issuance of a protective order against a person alleged to have committed the crime of sexual assault.

      (s) In actions transferred from the district court pursuant to NRS 3.221.

      (t) In any action for the issuance of a temporary or extended order pursuant to NRS 33.400.

      (u) In any action seeking an order pursuant to NRS 441A.195.

 


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      2.  The jurisdiction conferred by this section does not extend to civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.

      3.  Justice courts have jurisdiction of all misdemeanors and no other criminal offenses except as otherwise provided by specific statute. Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established pursuant to NRS 176A.250 or 176A.280.

      4.  Except as otherwise provided in subsections 5 and 6, in criminal cases the jurisdiction of justices of the peace extends to the limits of their respective counties.

      5.  In the case of any arrest made by a member of the Nevada Highway Patrol, the jurisdiction of the justices of the peace extends to the limits of their respective counties and to the limits of all counties which have common boundaries with their respective counties.

      6.  Each justice court has jurisdiction of any violation of a regulation governing vehicular traffic on an airport within the township in which the court is established.

      Sec. 2.4. NRS 73.010 is hereby amended to read as follows:

      73.010  In all cases arising in the justice court for the recovery of money only, where the amount claimed does not exceed [$7,500] $10,000 and the defendant named:

      1.  Is a resident of;

      2.  Does business in; or

      3.  Is employed in,

Ê the township in which the action is to be maintained, the justice of the peace may proceed as provided in this chapter and by rules of court.

      Sec. 2.6.NRS 482.542 is hereby amended to read as follows:

      482.542  1.  Any vehicle seized pursuant to NRS 482.540 may be removed by a law enforcement agency or the Department to:

      (a) A place designated for the storage of seized property.

      (b) An appropriate place for disposal if that disposal is specifically authorized by statute.

      2.  If disposal of a vehicle seized pursuant to NRS 482.540 is not specifically authorized by statute, a law enforcement agency or the Department may file a civil action for forfeiture of the vehicle:

      (a) Pursuant to paragraph (c) of subsection 1 of NRS 4.370 in the justice court of the township where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle does not exceed [$10,000;] $15,000; or

      (b) In the district court for the county where the vehicle which is the subject of the action was seized if the fair market value of the vehicle and the cost of towing and storing the vehicle equals or exceeds [$10,000.] $15,000.

      3.  Upon the filing of a civil action pursuant to subsection 2, the court shall schedule a date for a hearing. The hearing must be held not later than 7 business days after the action is filed. The court shall affix the date of the hearing on a form for that purpose and order a copy served by the sheriff, constable or other process server upon each claimant whose identity is known to the law enforcement agency or Department or who can be identified through the exercise of due diligence.

      4.  The court shall:

 


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      (a) Order the release of the vehicle to the owner or to another person who the court determines is entitled to the vehicle if the court finds that:

             (1) A motor number, manufacturer’s number or identification mark which was placed on the vehicle has not been falsely attached, removed, defaced, altered or obliterated; and

             (2) The vehicle has not been illegally altered in a manner that impairs the structural integrity of the vehicle; or

      (b) Order the vehicle destroyed or otherwise disposed of as determined by the court, if the court finds that:

             (1) There is no satisfactory evidence of ownership;

             (2) A motor number, manufacturer’s number or identification mark which was placed on the vehicle has been falsely attached, removed, defaced, altered or obliterated; or

             (3) The vehicle has been illegally altered in a manner that impairs the structural integrity of the vehicle.

      5.  If a court declares that a vehicle seized pursuant to NRS 482.540 is forfeited, a law enforcement agency or the Department may:

      (a) Retain it for official use;

      (b) Sell it; or

      (c) Remove it for disposal.

      6.  As used in this section, “claimant” means any person who claims to have:

      (a) Any right, title or interest of record in the property or proceeds subject to forfeiture;

      (b) Any community property interest in the property or proceeds; or

      (c) Had possession of the property or proceeds at the time of the seizure thereof by a law enforcement agency or the Department.

      Sec. 2.8.NRS 487.039 is hereby amended to read as follows:

      487.039  1.  If a vehicle is towed pursuant to NRS 487.037 or 487.038 and the owner of the vehicle believes that the vehicle was unlawfully towed, the owner of the vehicle may file a civil action pursuant to paragraph (b) of subsection 1 of NRS 4.370 in the justice court of the township where the property from which the vehicle was towed is located, on a form provided by the court, to determine whether the towing of the vehicle was lawful.

      2.  An action may be filed pursuant to this section only if the cost of towing and storing the vehicle does not exceed [$10,000.] $15,000.

      3.  Upon the filing of a civil action pursuant to subsection 1, the court shall schedule a date for a hearing. The hearing must be held not later than 4 working days after the action is filed. The court shall affix the date of the hearing to the form and order a copy served by the sheriff, constable or other process server upon the owner or person in lawful possession of the property who authorized the towing of the vehicle.

      4.  The court shall:

      (a) If it determines that the vehicle was:

             (1) Lawfully towed, order the owner of the vehicle to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner upon payment of that cost; or

             (2) Unlawfully towed, order the owner or person in lawful possession of the property who authorized the towing to pay the cost of towing and storing the vehicle and order the person who is storing the vehicle to release the vehicle to the owner immediately; and

      (b) Determine the actual cost incurred in towing and storing the vehicle.

 


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      5.  The operator of any facility or other location where vehicles which are towed are stored shall display conspicuously at that facility or location a sign which sets forth the provisions of this section.

      Sec. 3.  The amendatory provisions of this act do not abrogate or affect the current term of office of any justice of the peace who is serving in that office on October 1, 2015.

      Sec. 4.  The amendatory provisions of:

      1.  Sections 1.3 and 2.4 of this act apply to civil actions and proceedings filed on or after October 1, 2015.

      2.  Sections 1.7, 2.2, 2.6 and 2.8 of this act apply to civil actions and proceedings filed on or after January 1, 2017.

      Sec. 5.  1.  This section and sections 1, 1.3, 2, 2.4, 3 and 4 of this act become effective on October 1, 2015.

      2.  Sections 1.7, 2.2, 2.6 and 2.8 of this act become effective on January 1, 2017.

________

CHAPTER 201, AB 68

Assembly Bill No. 68–Committee on Judiciary

 

CHAPTER 201

 

[Approved: May 27, 2015]

 

AN ACT relating to the Commission on Judicial Discipline; requiring a determination or finding by the Commission to be recorded in the minutes of the proceedings of the Commission in certain circumstances; revising the definition of the term “judge” for purposes of the jurisdiction of the Commission; requiring any complaint or action filed in connection with any proceeding of the Commission to be filed in the Supreme Court; revising provisions concerning the appointment of justices of the peace and municipal judges to sit on the Commission in certain circumstances; requiring appointing authorities to appoint one or more alternate members to serve on the Commission; revising the information the Commission is required to disclose if a witness before the Commission is prosecuted for perjury; revising provisions relating to the confidentiality of deliberative sessions and proceedings of the Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Commission on Judicial Discipline has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges. (NRS 1.440) Section 2.5 of this bill revises the definition of the term “judge” to include a person who is a former justice, judge, justice of the peace or other officer of the Judicial Branch who presides over judicial proceedings if the conduct at issue occurred while the person was serving in any such position. Thus, under section 2.5, the Commission has jurisdiction over a former justice, judge, justice of the peace or other judicial officer for conduct that occurred while the person was serving in any such position. Section 3 of this bill: (1) requires that any complaint or action filed in connection with any proceeding of the Commission be filed in the Supreme Court; (2) provides that any such complaint or action filed in a court other than the Supreme Court will be presumed to be frivolous and intended solely for the purposes of delay; and (3) requires the Supreme Court to appoint two justices of the peace and two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively.

 


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solely for the purposes of delay; and (3) requires the Supreme Court to appoint two justices of the peace and two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively. Section 3.5 of this bill requires each appointing authority to appoint, for each position for which the authority makes an appointment to the Commission, one or more alternate members.

      Existing law requires that all proceedings of the Commission remain confidential until the Commission makes a determination that a reasonable probability of grounds for disciplinary action against a judge exists and the special counsel files a formal statement of charges. (NRS 1.4683) Section 5 of this bill instead requires that the existence of a proceeding of the Commission remain confidential during such time. Section 5 also revises the information that the Commission is required to disclose if a witness is prosecuted for perjury committed during the course of a proceeding before the Commission.

      Existing law also requires that all deliberative sessions of the Commission remain private. (NRS 1.4687) Sections 6 and 7 of this bill require that any minutes of such sessions remain confidential.

      Section 1 of this bill provides that, unless otherwise expressly provided by law, a determination or finding by the Commission is required to be recorded in the minutes of the proceedings of the Commission if the determination or finding is made before: (1) the filing of a formal statement of charges against a judge; or (2) the Commission decides to suspend a judge.

 

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

      Except as otherwise expressly provided in this section and NRS 1.425 to 1.4695, inclusive, or any other applicable provision of law, a determination or finding by the Commission must be recorded in the minutes of the proceedings of the Commission if the determination or finding is made before:

      1.  The filing of a formal statement of charges against a judge pursuant to NRS 1.467; or

      2.  The Commission suspends a judge pursuant to NRS 1.4675.

      Sec. 2. NRS 1.425 is hereby amended to read as follows:

      1.425  As used in NRS 1.425 to 1.4695, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 1.4253 to 1.4296, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2.5. NRS 1.428 is hereby amended to read as follows:

      1.428  “Judge” means:

      1.  A justice of the Supreme Court;

      2.  A judge of the Court of Appeals;

      3.  A judge of the district court;

      4.  A judge of the municipal court;

      5.  A justice of the peace; [and]

      6.  Any other officer of the Judicial Branch of this State, whether or not the officer is an attorney, who presides over judicial proceedings, including, but not limited to, a magistrate, court commissioner, special master or referee [.] ; and

 


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      7.  Any person who formerly served in any of the positions described in subsections 1 to 6, inclusive, if the conduct at issue for purposes of NRS 1.425 to 1.4695, inclusive, occurred while the person was serving in such a position.

      Sec. 3. NRS 1.440 is hereby amended to read as follows:

      1.440  1.  The Commission has exclusive jurisdiction over the public censure, removal, involuntary retirement and other discipline of judges which is coextensive with its jurisdiction over justices of the Supreme Court and must be exercised in the same manner and under the same rules.

      2.  Any complaint or action, including, without limitation, an interlocutory action or appeal, filed in connection with any proceeding of the Commission must be filed in the Supreme Court. Any such complaint or action filed in a court other than the Supreme Court shall be presumed to be frivolous and intended solely for the purposes of delay.

      3.  The Supreme Court shall appoint two justices of the peace [or] and two municipal judges to sit on the Commission for formal, public proceedings against a justice of the peace or a municipal judge, respectively. Justices of the peace and municipal judges so appointed must be designated by an order of the Supreme Court to sit for such proceedings in place of and to serve for the same terms as the regular members of the Commission appointed by the Supreme Court.

      Sec. 3.5. NRS 1.445 is hereby amended to read as follows:

      1.445  1.  Each appointing authority shall appoint for each position for which the authority makes an appointment to the Commission [an] one or more alternate [member.] members. The Governor shall not appoint more than two alternate members of the same political party. An alternate member must not be a member of the Commission on Judicial Selection.

      2.  An alternate member shall serve:

      (a) When the appointed member is disqualified or unable to serve; or

      (b) When a vacancy exists.

      Sec. 4. (Deleted by amendment.)

      Sec. 5. NRS 1.4683 is hereby amended to read as follows:

      1.4683  1.  Except as otherwise provided in this section and NRS 1.4675 and 239.0115, [all proceedings] the existence of a proceeding of the Commission must remain confidential until the Commission makes a determination pursuant to NRS 1.467 and the special counsel files a formal statement of charges.

      2.  Except as otherwise provided in this section, before the filing of a formal statement of charges, a present or former member of the Commission, a present or former member of the staff of the Commission or a present or former independent contractor retained by the Commission shall not disclose information contained in a complaint or any other information relating to the allegations of misconduct or incapacity. Such persons:

      (a) May disclose such information to persons directly involved in the matter to the extent necessary for a proper investigation and disposition of the complaint; and

      (b) Shall conduct themselves in a manner that maintains the confidentiality of the disciplinary proceeding.

      3.  Nothing in this section prohibits a person who files a complaint with the Commission pursuant to NRS 1.4655, a judge against whom such a complaint is made or a witness from disclosing at any time the existence or substance of a complaint, investigation or proceeding.

 


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substance of a complaint, investigation or proceeding. The immunity provided by NRS 1.465 does not apply to such a disclosure.

      4.  The confidentiality required pursuant to subsection 1 also applies to all information and materials, written or oral, received or developed by the Commission, its staff or any independent contractors retained by the Commission in the course of its work and relating to the alleged misconduct or incapacity of a judge.

      5.  The Commission shall disclose [:

      (a) The report of a proceeding before the Commission; and

      (b) All] all testimony given and all materials filed in connection with [such] a proceeding [,

Ê] before the Commission if a witness is prosecuted for perjury committed during the course of that proceeding.

      6.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if the judge, a third person or the person who filed a complaint with the Commission pursuant to NRS 1.4655 has made the name of the judge against whom such a complaint is made public, the Commission may, at the request of the judge or on its own accord, issue an explanatory statement to maintain confidence in the judicial system and the Commission. In such a statement, the Commission may:

      (a) Confirm or deny that a complaint has been filed;

      (b) Confirm or deny that the Commission is conducting an investigation;

      (c) Confirm that the Commission has dismissed a complaint with or without a letter of caution; and

      (d) Confirm that the Commission has entered into a deferred discipline agreement with the judge.

      7.  In addition to the information authorized pursuant to subsection 6, a statement issued by the Commission pursuant to subsection 6 may correct any public misinformation concerning the disciplinary proceeding, clarify the procedures of the Commission relating to the disciplinary proceeding and explain that the judge has a right to a fair investigation and, if applicable, a fair hearing without prejudgment. The Commission shall submit such a statement to the judge concerned for comments before the Commission releases the statement. The Commission is not required to incorporate any comments made by the judge in the statement and may release the statement as originally drafted.

      8.  The Commission may, without disclosing the name of or any details that may identify the judge involved, disclose the existence of a proceeding before it to the State Board of Examiners and the Interim Finance Committee to obtain additional money for its operation from the Contingency Account established pursuant to NRS 353.266.

      9.  No record of any medical examination, psychiatric evaluation or other comparable professional record made for use in an informal resolution pursuant to subsection 4 of NRS 1.4665 may be made public at any time without the consent of the judge concerned.

      10.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, the Commission may release confidential information:

      (a) To the appropriate law enforcement or prosecuting authorities if the Commission determines that it has reliable information which reveals possible criminal conduct by a judge [, former judge] or any other person;

 


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      (b) Upon request to the Board of Governors of the State Bar of Nevada or other appropriate disciplinary authorities of the State Bar of Nevada if the Commission determines that it has reliable information that reveals a possible violation of the Nevada Rules of Professional Conduct by a judge [, former judge] or any other attorney; or

      (c) Pursuant to an order issued by a court of record of competent jurisdiction in this State or a federal court of record of competent jurisdiction.

      11.  Notwithstanding the provisions of this section to the contrary, at any stage in a disciplinary proceeding, if a judge [or former judge] signs a waiver, the Commission may release confidential information concerning any complaints filed with the Commission pursuant to NRS 1.4655 that are pending or are closed and did not result in a dismissal to:

      (a) An agency authorized to investigate the qualifications of persons for admission to practice law;

      (b) An appointing or nominating authority or a state or federal agency lawfully conducting investigations relating to the selection or appointment of judges; or

      (c) An agency conducting investigations relating to employment with a governmental agency or other employment.

      12.  If the Commission discloses information concerning a pending complaint to an agency or authority pursuant to subsection 11, the Commission shall subsequently disclose the disposition of the complaint to the agency or authority. The Commission shall send a copy of all information disclosed pursuant to subsection 11 to the judge concerned at the same time the Commission sends the information to the agency or authority.

      Sec. 6. NRS 1.4687 is hereby amended to read as follows:

      1.4687  1.  Except as otherwise provided in subsection 2:

      (a) Upon the filing of a formal statement of charges with the Commission by the special counsel, the statement and other documents later formally filed with the Commission must be made accessible to the public, and hearings must be open.

      (b) If a formal statement of charges has not been filed with the Commission and the Commission holds a hearing to suspend a judge pursuant to NRS 1.4675, any transcript of the hearing and any documents offered as evidence at the hearing must be made accessible to the public.

      2.  Regardless of whether any formal statement of charges has been filed with the Commission, medical records and any other documents or exhibits offered as evidence which are privileged pursuant to chapter 49 of NRS must not be made accessible to the public.

      3.  The Commission’s deliberative sessions must remain private [.] and any minutes of such sessions must remain confidential.

      4.  The filing of a formal statement of charges does not justify the Commission, its counsel, staff or independent contractors retained by the Commission in making public any correspondence, notes, work papers, interview reports or other evidentiary matter, except at the formal hearing or with explicit consent of the judge named in the complaint.

      Sec. 7. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 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.

 


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ê2015 Statutes of Nevada, Page 954 (Chapter 201, AB 68)ê

 

87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

 


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ê2015 Statutes of Nevada, Page 955 (Chapter 201, AB 68)ê

 

of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

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

________

CHAPTER 202, AB 78

Assembly Bill No. 78–Committee on Natural Resources, Agriculture, and Mining

 

CHAPTER 202

 

[Approved: May 27, 2015]

 

AN ACT relating to wildlife; revising the process by which the Board of Wildlife Commissioners establishes certain policies and adopts certain regulations; revising provisions governing programs for the management and control of predatory wildlife; revising certain provisions governing county advisory boards to manage wildlife; revising the membership of the State Predatory Animal and Rodent Committee; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 956 (Chapter 202, AB 78)ê

 

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to establish policies for the management of wildlife in this State and to establish policies and adopt regulations necessary to the preservation, protection, management and restoration of wildlife and its habitat. (NRS 501.105, 501.181) Sections 1 and 1.2 of this bill require the Commission, in establishing such policies and adopting such regulations, to first consider the recommendations of the Department of Wildlife, the county advisory boards to manage wildlife and other persons who present their views at an open meeting of the Commission.

      Existing law establishes a county advisory board to manage wildlife in each of the counties of this State. (NRS 501.260) Sections 1.4-1.6 of this bill make various changes relating to those boards.

      Existing law provides that in addition to any fee charged and collected for a game tag, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund and used by the Department for costs related to certain programs, management activities and research relating to wildlife. (NRS 502.253) Section 4 of this bill revises the provisions governing the use of this money. Section 4 also requires the Department, before adopting any program for the management and control of predatory wildlife, to consider the recommendations of the Commission and the State Predatory Animal and Rodent Committee.

      Existing law creates and governs the State Predatory Animal and Rodent Committee. (NRS 567.010-567.090) Section 5 of this bill adds two new members to the Committee and establishes their qualifications. Section 8 of this bill requires the Chair to designate the two additional members described in section 5 of this bill as soon as practicable after the effective date of this bill. Sections 6 and 7 of this bill make various changes relating to the meetings of the Committee.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 501.105 is hereby amended to read as follows:

      501.105  The Commission shall establish policies and adopt regulations necessary to the preservation, protection, management and restoration of wildlife and its habitat. In establishing such policies and adopting such regulations, the Commission must first consider the recommendations of the Department, the county advisory boards to manage wildlife and other persons who present their views at an open meeting of the Commission.

      Sec. 1.2. NRS 501.181 is hereby amended to read as follows:

      501.181  The Commission shall:

      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this State.

      (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this State.

      (c) The promotion of uniformity of laws relating to policy matters.

      2.  Guide the Department in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies.

      3.  Establish policies for areas of interest including:

 


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ê2015 Statutes of Nevada, Page 957 (Chapter 202, AB 78)ê

 

      (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

      (b) The management and control of predatory wildlife . [depredations.]

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

      (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the Director to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

      (e) The control of nonresident hunters.

      (f) The introduction, transplanting or exporting of wildlife.

      (g) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto.

      4.  Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including:

      (a) Seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. [The] If, in establishing any regulations [must be established after first considering] pursuant to this subsection, the Commission rejects the recommendations of [the Department, the] a county advisory [boards] board to manage wildlife [and others who wish to present their views at an open meeting.] with regard to the length of seasons for fishing, hunting and trapping or the bag or possession limits applicable within the respective county, the Commission shall provide to the county advisory board to manage wildlife at the meeting an explanation of the Commission’s decision to reject the recommendations and, as soon as practicable after the meeting, a written explanation of the Commission’s decision to reject the recommendations. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the Department.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) The number of licenses issued for big game and, if necessary, other game species.

      5.  Adopt regulations requiring the Department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

 


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ê2015 Statutes of Nevada, Page 958 (Chapter 202, AB 78)ê

 

      6.  Adopt regulations:

      (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

      (b) Establishing the method for determining the amount of an assessment, and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

      7.  Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.

      8.  Adopt regulations governing the trapping of fur-bearing mammals in a residential area of a county whose population is 100,000 or more.

      9.  In establishing any policy or adopting any regulations pursuant to this section, first consider the recommendations of the Department, the county advisory boards to manage wildlife and other persons who present their views at an open meeting of the Commission.

      Sec. 1.4. NRS 501.290 is hereby amended to read as follows:

      501.290  The board shall meet before [those meetings] each meeting of the Commission [at which seasons, bag limits or hours are to be established] and at such other times as the chair may call or the Commission may request.

      Sec. 1.5. NRS 501.297 is hereby amended to read as follows:

      501.297  The boards shall solicit and evaluate local opinion and advise the Commission on matters relating to the management of wildlife . [within their respective counties.]

      Sec. 1.6. NRS 501.303 is hereby amended to read as follows:

      501.303  1.  The boards shall submit recommendations for the management of wildlife and setting seasons for fishing, hunting and trapping, which must be considered by the Commission in its deliberation on and establishment of regulations . [covering open or closed seasons, bag limits, hours and other regulations or policies.]

      2.  The chair or vice chair, or members of the board appointed by them:

      (a) Shall attend the meetings of the Commission ; [at which seasons are set or bag limits, hours or other regulations and policies are established;] and

      (b) Are entitled to receive such travel and per diem expenses as are allowed by law.

      Secs. 1.8-3. (Deleted by amendment.)

      Sec. 4. NRS 502.253 is hereby amended to read as follows:

      502.253  1.  In addition to any fee charged and collected pursuant to NRS 502.250, a fee of $3 must be charged for processing each application for a game tag, the revenue from which must be accounted for separately, deposited with the State Treasurer for credit to the Wildlife Fund Account in the State General Fund and used by the Department for costs related to:

      (a) [Programs] Developing and implementing an annual program for the management and control of [injurious] predatory wildlife;

      (b) Wildlife management activities relating to the protection of nonpredatory game animals [,] and sensitive wildlife species ; and [related wildlife habitat;]

      (c) Conducting research [, as needed,] necessary to determine successful techniques for managing and controlling predatory [wildlife, including studies necessary to ensure effective programs for the management and control of injurious predatory wildlife; and

 


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ê2015 Statutes of Nevada, Page 959 (Chapter 202, AB 78)ê

 

      (d) Programs for the education of the general public concerning the management and control of predatory] wildlife.

      2.  The Department of Wildlife is hereby authorized to expend a portion of the money collected pursuant to subsection 1 to enable the State Department of Agriculture to develop and carry out the programs described in subsection 1.

      3.  Any program developed or wildlife management activity or research conducted pursuant to this section must be developed or conducted under the guidance of the Commission in accordance with the provisions of subsection 4 and the policies adopted by the Commission pursuant to [subsection 2 of] NRS 501.181.

      4.  The Department:

      (a) In adopting any program for the management and control of predatory wildlife developed pursuant to this section, shall first consider the recommendations of the Commission and the State Predatory Animal and Rodent Committee created by NRS 567.020.

      (b) Shall not adopt any program for the management and control of predatory wildlife developed pursuant to this section that provides for the expenditure of less than 80 percent of the amount of money collected pursuant to subsection 1 in the most recent fiscal year for which the Department has complete information for the purposes of lethal management and control of predatory wildlife.

      5.  The money in the Wildlife Fund Account remains in the Account and does not revert to the State General Fund at the end of any fiscal year.

      Sec. 5. NRS 567.030 is hereby amended to read as follows:

      567.030  The Committee consists of [five] the following seven members [.] :

      1.  Two members [must be] designated by the State Board of Agriculture from among its members, one of which must be the appointee for range or semirange sheep production.

      2.  One member [must be] designated by the Board of Wildlife Commissioners from among its members.

      3.  One member [must be] designated by the State Board of Health from among its members.

      4.  One member [must be] designated by the Nevada Farm Bureau Federation from among its members.

      5.  One member designated by the Chair of the Committee from among the persons who make application to the Committee who:

      (a) Must have been issued a license to hunt, trap or fish in this State in at least 3 of the 5 years immediately preceding the date on which he or she is designated as a member; and

      (b) Must not have been convicted of any violation of the provisions of this title or any regulations adopted pursuant thereto or any federal law or regulation or any law or regulation of any other state relating to hunting, trapping or fishing in the year immediately preceding the date on which he or she is designated as a member.

      6.  One member designated by the Chair of the Committee from among the persons who make application to the Committee who:

      (a) Must hold a license as a master guide issued pursuant to NRS 504.390; and

 


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ê2015 Statutes of Nevada, Page 960 (Chapter 202, AB 78)ê

 

      (b) Must not have been convicted of any violation of the provisions of this title or any regulations adopted pursuant thereto or any federal law or regulation or any law or regulation of any other state relating to hunting, trapping or fishing in the year immediately preceding the date on which he or she is designated as a member.

      Sec. 6. NRS 567.040 is hereby amended to read as follows:

      567.040  1.  [Upon and following its organization] At the first meeting of each year, the Committee shall select its own Chair [.] and Vice Chair from among its members. A member may not serve as the Chair or Vice Chair for more than two consecutive terms.

      2.  Upon the selection of the Chair at the first meeting of each year, the Chair shall designate the members described in subsections 5 and 6 of NRS 567.030.

      3.  The Secretary of the State Board of Agriculture shall serve as Secretary of the Committee.

      Sec. 7. NRS 567.070 is hereby amended to read as follows:

      567.070  The Committee’s Secretary shall call the first meeting of the Committee each year following the designation of [its] the members [as provided] described in subsections 1 to 4, inclusive, of NRS 567.030.

      Sec. 8.  Notwithstanding the amendatory provisions of subsection 2 of section 6 of this act, the Chair of the State Predatory Animal and Rodent Committee shall, as soon as practicable after the effective date of this act, designate the members of the Committee described in subsections 5 and 6 of NRS 567.030, as amended by section 5 of this act, each to serve a term that expires on the date of the first meeting of the Committee that occurs on or after January 1, 2017.

      Sec. 9.  This act becomes effective upon passage and approval.

________

CHAPTER 203, AB 97

Assembly Bill No. 97–Assemblyman Ellison

 

CHAPTER 203

 

[Approved: May 27, 2015]

 

AN ACT relating to wills; providing that a will which is delivered or presented to the clerk of a district court becomes part of the permanent record maintained by the clerk; providing that such wills become court records open to inspection unless sealed pursuant to certain provisions of the Nevada Supreme Court Rules; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires, under certain circumstances, certain persons in possession of a will to deliver or present the will to the clerk of the district court having jurisdiction over the case. (NRS 136.050) This bill provides that a will which is delivered or presented to the clerk of a court becomes part of the permanent record maintained by the clerk of the court, whether or not a petition for the probate of the will is filed. This bill also provides that a will which is part of the permanent record maintained by the clerk of a court becomes a court record open to inspection unless the will is sealed pursuant to Part VII of the Nevada Supreme Court Rules.

 


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ê2015 Statutes of Nevada, Page 961 (Chapter 203, AB 97)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 136.050 is hereby amended to read as follows:

      136.050  1.  Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.

      2.  Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after knowledge of being named, present the will, if in possession of it, to the clerk of the court.

      3.  Every person who neglects to perform any of the duties required in subsections 1 and 2 without reasonable cause is liable to every person interested in the will for the damages the interested person may sustain by reason of the neglect.

      4.  A will that is delivered or presented pursuant to subsection 1 or 2 becomes part of the permanent record maintained by the clerk of the court, whether or not a petition for the probate of the will is filed.

      5.  A will that is part of the permanent record maintained by the clerk of the court becomes a court record open to inspection unless the will is sealed pursuant to Part VII of the Nevada Supreme Court Rules.

      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, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 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.

 


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ê2015 Statutes of Nevada, Page 962 (Chapter 203, AB 97)ê

 

422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

      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:

 


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ê2015 Statutes of Nevada, Page 963 (Chapter 203, AB 97)ê

 

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

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

________

CHAPTER 204, AB 107

Assembly Bill No. 107–Committee on Education

 

CHAPTER 204

 

[Approved: May 27, 2015]

 

AN ACT relating to education; requiring reports of accountability for public schools to include certain information regarding pupils who qualify for free or reduced-price lunches pursuant to federal law; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Education, the boards of trustees of school districts and the sponsors of charter schools to prepare annual reports of accountability that contain certain information regarding public schools and pupils enrolled in public schools. (NRS 385.347, 385.3572) Section 1.2 of this bill requires the annual report of accountability prepared by each school district and the sponsor of each charter school to include: (1) the number and percentage of pupils who are eligible for free or reduced-price breakfasts pursuant to federal law; (2) the number and percentage of pupils who are eligible for free or reduced-price lunches pursuant to federal law; (3) the number and percentage of pupils who are eligible for free or reduced-price breakfasts and who receive free and reduced-price breakfasts; (4) the number and percentage of pupils who are eligible for free or reduced-price lunches and who receive free and reduced-price lunches; (5) a comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches; and (6) a comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free and reduced-price lunches and pupils who receive free and reduced-price lunches in certain areas for which data is collected. Section 1.2 also authorizes the State Board of Education to adopt any regulations necessary to carry out the provisions of this bill. Section 1.4 of this bill requires the annual report of accountability prepared by the State Board to include the same information for the State as a whole.

 


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ê2015 Statutes of Nevada, Page 964 (Chapter 204, AB 107)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 385 of NRS is hereby amended by adding the provisions set forth as sections 1.2 and 1.4 of this act.

      Sec. 1.2.  1.  The annual report of accountability prepared pursuant to NRS 385.347 must include, for each school in the district and the district as a whole, including, without limitation, each charter school sponsored by the district, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      (a) The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

      (b) The percentage of pupils who receive free and reduced-price breakfasts;

      (c) The number and percentage of pupils who are eligible for free or reduced-price lunches;

      (d) The percentage of pupils who receive free and reduced-price lunches;

      (e) A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      (f) A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

             (1) Retention rates;

             (2) Graduation rates;

             (3) Dropout rates;

             (4) Grade point averages; and

             (5) Scores on the examinations administered pursuant to NRS 389.550 and 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      2.  The State Board may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 1.4. The annual report of accountability prepared by the State Board pursuant to NRS 385.3572 must include for each school district, including, without limitation, each charter school in the district, and for this State as a whole, information concerning pupils who are eligible for free or reduced-price breakfasts pursuant to 42 U.S.C. §§ 1771 et seq. and pupils who are eligible for free or reduced-price lunches pursuant to 42 U.S.C. §§ 1751 et seq., including, without limitation:

      1.  The number and percentage of pupils who are eligible for free or reduced-price breakfasts;

 


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ê2015 Statutes of Nevada, Page 965 (Chapter 204, AB 107)ê

 

      2.  The number and percentage of pupils who receive free and reduced-price breakfasts;

      3.  The number and percentage of pupils who are eligible for free or reduced-price lunches;

      4.  The number and percentage of pupils who receive free and reduced-price lunches;

      5.  A comparison of the achievement and proficiency of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches, pupils who receive free and reduced-price lunches and pupils who are not eligible for free or reduced-price breakfasts or lunches;

      6.  A comparison of pupils, reported separately by race and ethnicity, who are eligible for free or reduced-price breakfasts, pupils who receive free and reduced-price breakfasts, pupils who are eligible for free or reduced-price lunches and pupils who receive free and reduced-price lunches for which data is required to be collected in the following areas:

      (a) Retention rates;

      (b) Graduation rates;

      (c) Dropout rates;

      (d) Grade point averages; and

      (e) Scores on the examinations administered pursuant to NRS 389.550 and 389.805 and the college and career readiness assessment administered pursuant to NRS 389.807.

      Sec. 2. NRS 385.3455 is hereby amended to read as follows:

      385.3455  As used in NRS 385.3455 to 385.3891, inclusive, and sections 1.2 and 1.4 of this act, unless the context otherwise requires, the words and terms defined in NRS 385.346 to 385.34675, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 385.3468 is hereby amended to read as follows:

      385.3468  The provisions of NRS 385.3455 to 385.3891, inclusive, and sections 1.2 and 1.4 of this act do not supersede, negate or otherwise limit the effect or application of the provisions of chapters 288 and 391 of NRS or the rights, remedies and procedures afforded to employees of a school district under the terms of collective bargaining agreements, memoranda of understanding or other such agreements between employees and their employers.

      Sec. 4. NRS 385.347 is hereby amended to read as follows:

      385.347  1.  The board of trustees of each school district in this State, in cooperation with associations recognized by the State Board as representing licensed educational personnel in the district, shall adopt a program providing for the accountability of the school district to the residents of the district and to the State Board for the quality of the schools and the educational achievement of the pupils in the district, including, without limitation, pupils enrolled in charter schools sponsored by the school district. The board of trustees of each school district shall report the information required by NRS 385.347 to 385.3495, inclusive, and section 1.2 of this act for each charter school sponsored by the school district. The information for charter schools must be reported separately.

      2.  The board of trustees of each school district shall, on or before September 30 of each year, prepare a single annual report of accountability concerning the educational goals and objectives of the school district, the information prescribed by NRS 385.347 to 385.3495, inclusive, and section 1.2 of this act, and such other information as is directed by the Superintendent of Public Instruction.

 


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ê2015 Statutes of Nevada, Page 966 (Chapter 204, AB 107)ê

 

information prescribed by NRS 385.347 to 385.3495, inclusive, and section 1.2 of this act, and such other information as is directed by the Superintendent of Public Instruction. A separate reporting for a group of pupils must not be made pursuant to NRS 385.347 to 385.3495, inclusive, and section 1.2 of this act, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall, on or before September 30 of each year, prepare an annual report of accountability of the charter schools sponsored by the State Public Charter School Authority or institution, as applicable, concerning the accountability information prescribed by the Department pursuant to this section. The Department, in consultation with the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school, shall prescribe by regulation the information that must be prepared by the State Public Charter School Authority and institution, as applicable, which must include, without limitation, the information contained in subsection 2 and NRS 385.347 to 385.3495, inclusive, and section 1.2 of this act, as applicable to charter schools. The Department shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the Department.

      4.  The annual report of accountability prepared pursuant to this section must be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      5.  The Superintendent of Public Instruction shall:

      (a) Prescribe forms for the reports required pursuant to this section and provide the forms to the respective school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school.

      (b) Provide statistical information and technical assistance to the school districts, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school to ensure that the reports provide comparable information with respect to each school in each district, each charter school and among the districts and charter schools throughout this State.

      (c) Consult with a representative of the:

             (1) Nevada State Education Association;

             (2) Nevada Association of School Boards;

             (3) Nevada Association of School Administrators;

             (4) Nevada Parent Teacher Association;

             (5) Budget Division of the Department of Administration;

             (6) Legislative Counsel Bureau; and

             (7) Charter School Association of Nevada,

Ê concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

 


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ê2015 Statutes of Nevada, Page 967 (Chapter 204, AB 107)ê

 

      6.  The Superintendent of Public Instruction may consult with representatives of parent groups other than the Nevada Parent Teacher Association concerning the program and consider any advice or recommendations submitted by the representatives with respect to the program.

      7.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide written notice that the report required pursuant to this section is available on the Internet website maintained by the school district, State Public Charter School Authority or institution, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee;

             (5) Bureau; and

             (6) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385.3483.

      (b) The board of trustees of each school district, the State Public Charter School Authority and each college or university within the Nevada System of Higher Education that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to this section by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority or the institution, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority or the institution does not maintain a website, the State Public Charter School Authority or the institution, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

      8.  Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 7 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to this section.

      Sec. 4.5. NRS 385.3572 is hereby amended to read as follows:

      385.3572  1.  The State Board shall prepare a single annual report of accountability that includes, without limitation the information prescribed by NRS 385.3572 to 385.3592, inclusive [.] , and section 1.4 of this act.

      2.  A separate reporting for a group of pupils must not be made pursuant to this section and NRS 385.3572 to 385.3592, inclusive, and section 1.4 of this act, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil.

 


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ê2015 Statutes of Nevada, Page 968 (Chapter 204, AB 107)ê

 

statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Be prepared in a concise manner; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before October 15 of each year, the State Board shall:

      (a) Provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department; and

      (b) Provide written notice that the report is available on the Internet website maintained by the Department. The written notice must be provided to the:

             (1) Governor;

             (2) Committee;

             (3) Bureau;

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

             (5) Board of trustees of each school district;

             (6) Governing body of each charter school; and

             (7) The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385.3584.

      5.  Upon the request of the Governor, the Attorney General, an entity described in paragraph (b) of subsection 4 or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      Sec. 5.  This act becomes effective:

      1.  On July 1, 2015, for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and

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

________

 

 

 


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ê2015 Statutes of Nevada, Page 969ê

 

CHAPTER 205, AB 120

Assembly Bill No. 120–Assemblymen Wheeler, Ellison, Jones, Oscarson; Dickman, Dooling, Moore and O’Neill

 

CHAPTER 205

 

[Approved: May 27, 2015]

 

AN ACT relating to education; clarifying the rights of pupils at public schools regarding the free exercise of religion and freedom of expression; requiring the governing body of each public school to adopt a policy providing a grievance process for pupils claiming that those rights have been violated; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill clarifies that pupils at public schools are entitled to express themselves in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution, provided that such expression does not disrupt instruction at a public school, is not used to bully or intimidate any person and is not organized, broadcast or endorsed by the public school. Section 2 also requires the board of trustees of each school district and the governing body of each charter school and university school for profoundly gifted pupils to adopt a grievance policy prescribing procedures for the resolution of a complaint that the rights described in section 2 have been violated.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2. Chapter 388 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Each pupil of a public school, including, without limitation, each pupil of a university school for profoundly gifted pupils, is entitled to express himself or herself in a manner consistent with the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution.

      2.  Any expression described in subsection 1 must not be disruptive of instruction at a public school, including, without limitation, a university school for profoundly gifted pupils, must not be used to bully or intimidate any person and must not be organized, broadcast or endorsed by a public school, including, without limitation, a university school for profoundly gifted pupils.

      3.  The board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils must adopt a policy prescribing procedures for the resolution of a complaint by a pupil of the school district, charter school or university school for profoundly gifted pupils that the rights of the pupil described in subsection 1 have been violated. The policy required by this subsection may be part of a comprehensive discrimination grievance policy of the school district, charter school or university school for profoundly gifted pupils or may be a separate policy.

 


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ê2015 Statutes of Nevada, Page 970 (Chapter 205, AB 120)ê

 

      Sec. 3.  (Deleted by amendment.)

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

________

CHAPTER 206, AB 136

Assembly Bill No. 136–Assemblymen Ellison, Wheeler, Fiore; Dickman, Moore, Seaman and Titus

 

CHAPTER 206

 

[Approved: May 27, 2015]

 

AN ACT relating to wildlife; requiring the Board of Wildlife Commissioners to adopt regulations prescribing the circumstances under which a person may assist a licensed hunter with certain disabilities in the killing and retrieval of a big game mammal; requiring the Department of Wildlife to make reasonable accommodations for the completion of a course in the responsibilities of hunters by persons with disabilities; authorizing a person hunting during a period of a hunting season in which hunting is restricted to the use of only archery equipment or a muzzle-loading firearm to carry certain handguns for self-defense; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to establish certain policies and adopt certain regulations to carry out and enforce the provisions of title 45 of NRS and chapter 488 of NRS. (NRS 501.181) Section 2.1 of this bill requires the Commission to adopt regulations prescribing the circumstances under which a person may assist in the killing and retrieval of a wounded big game mammal by another person who: (1) is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking; and (2) has obtained a valid tag issued by the Department for hunting that animal.

      Existing law authorizes the Department of Wildlife to provide a course of instruction in the responsibilities of hunters and requires a person to complete such a course before obtaining a hunting license. (NRS 502.330, 502.340) Section 2.5 of this bill requires the Department to make reasonable accommodations for the completion of the course in the responsibilities of hunters by a person with a disability.

      Existing law provides for the manner of hunting game birds and game mammals. (NRS 503.090-503.245) Section 3 of this bill authorizes a person who is hunting during any period of an open season during which hunting is restricted to the use of only archery equipment or a muzzle-loading firearm to carry for self-defense a handgun that: (1) has a barrel length of less than 8 inches; and (2) does not have a telescopic sight.

 

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 and 2. (Deleted by amendment.)

      Sec. 2.1. NRS 501.181 is hereby amended to read as follows:

      501.181  The Commission shall:

 


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      1.  Establish broad policies for:

      (a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this State.

      (b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this State.

      (c) The promotion of uniformity of laws relating to policy matters.

      2.  Guide the Department in its administration and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such policies.

      3.  Establish policies for areas of interest including:

      (a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.

      (b) The control of wildlife depredations.

      (c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.

      (d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the Director to the State Land Registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.

      (e) The control of nonresident hunters.

      (f) The introduction, transplanting or exporting of wildlife.

      (g) Cooperation with federal, state and local agencies on wildlife and boating programs.

      (h) The revocation of licenses issued pursuant to this title to any person who is convicted of a violation of any provision of this title or any regulation adopted pursuant thereto.

      4.  Establish regulations necessary to carry out the provisions of this title and of chapter 488 of NRS, including:

      (a) Seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the Department, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting. Any regulations relating to the closure of a season must be based upon scientific data concerning the management of wildlife. The data upon which the regulations are based must be collected or developed by the Department.

      (b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.

      (c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.

      (d) The number of licenses issued for big game and, if necessary, other game species.

 


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      5.  Adopt regulations requiring the Department to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.

      6.  Adopt regulations:

      (a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.

      (b) Establishing the method for determining the amount of an assessment, and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.

      7.  Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.

      8.  Adopt regulations governing the trapping of fur-bearing mammals in a residential area of a county whose population is 100,000 or more.

      9.  Adopt regulations prescribing the circumstances under which a person, regardless of whether the person has obtained a valid tag issued by the Department, may assist in the killing and retrieval of a wounded big game mammal by another person who:

      (a) Is a paraplegic, has had one or both legs amputated or has suffered a paralysis of one or both legs which severely impedes the person’s walking; and

      (b) Has obtained a valid tag issued by the Department for hunting that animal.

      Sec. 2.2. NRS 501.376 is hereby amended to read as follows:

      501.376  1.  Except as otherwise provided in this section, a person shall not intentionally kill or aid and abet another person to kill a bighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or black bear:

      (a) Outside of the prescribed season set by the Commission for the lawful hunting of that animal;

      (b) Through the use of an aircraft or helicopter in violation of NRS 503.010;

      (c) By a method other than the method prescribed on the tag issued by the Department for hunting that animal;

      (d) Knowingly during a time other than:

             (1) The time of day set by the Commission for hunting that animal pursuant to NRS 503.140; or

             (2) If the Commission has not set such a time, between sunrise and sunset as determined pursuant to that section; or

      (e) Without a valid tag issued by the Department for hunting that animal. A tag issued for hunting any animal specified in this subsection is not valid if knowingly used by a person:

             (1) [Other] Except as otherwise provided by the regulations adopted by the Commission pursuant to subsection 9 of NRS 501.181, other than the person specified on the tag;

             (2) Outside of the management area or other area specified on the tag; or

             (3) If the tag was obtained by a false or fraudulent representation.

      2.  The provisions of subsection 1 do not prohibit the killing of an animal specified in subsection 1 if:

 


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      (a) The killing of the animal is necessary to protect the life or property of any person in imminent danger of being attacked by the animal; or

      (b) The animal killed was not the intended target of the person who killed the animal and the killing of the animal which was the intended target would not violate the provisions of subsection 1.

      3.  A person who violates the provisions of subsection 1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant to this subsection, for a gross misdemeanor. In determining whether to reduce the penalty, the court shall consider:

      (a) The nature of the offense;

      (b) The circumstances surrounding the offense;

      (c) The defendant’s understanding and appreciation of the gravity of the offense;

      (d) The attitude of the defendant towards the offense; and

      (e) The general objectives of sentencing.

      4.  A person shall not willfully possess any animal specified in subsection 1 if the person knows the animal was killed in violation of subsection 1 or the circumstances should have caused a reasonable person to know that the animal was killed in violation of subsection 1.

      5.  A person who violates the provisions of subsection 4 is guilty of a gross misdemeanor.

      Sec. 2.3. NRS 502.140 is hereby amended to read as follows:

      502.140  1.  Tags may be used as a method of enforcing a limit of the number of any species which may be taken by any one person in any one season or year, and may be issued in such a manner that only a certain number may be used in any one management area, or that one tag may be used in several management areas, as designated by the Commission.

      2.  The Commission shall designate the number of tags for any species which may be obtained by any one person, and it is unlawful for any person to obtain tags for the person’s use in excess of this number. Except as otherwise provided in NRS 502.145 [,] and the regulations adopted by the Commission pursuant to subsection 9 of NRS 501.181, it is unlawful for any person to use or possess tags issued to any other person, or to transfer or give tags issued to him or her to any other person.

      Sec. 2.5. NRS 502.340 is hereby amended to read as follows:

      502.340  1.  The Department shall certify instructors who will, with the cooperation of the Department, provide instruction in the responsibilities of hunters established by the Department to all eligible persons who, upon the successful completion of the course, must be issued a certificate. Persons who are disqualified from obtaining a hunting license, pursuant to NRS 502.330, are eligible for the course.

      2.  The Department shall make reasonable accommodations for the completion of the course by a person with a disability.

      Sec. 3. NRS 503.150 is hereby amended to read as follows:

      503.150  1.  Unless otherwise specified by Commission regulation, it is unlawful to hunt:

      (a) Any game bird or game mammal with any gun capable of firing more than one round with one continuous pull of the trigger, or with any full steel, full steel core, full metal jacket, tracer or incendiary bullet or shell, or any shotgun larger than number 10 gauge.

 


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ê2015 Statutes of Nevada, Page 974 (Chapter 206, AB 136)ê

 

      (b) Big game mammals in any manner other than with a rifle, held in the hand, that exerts at least 1,000 foot-pounds of energy at 100 yards, or with a longbow and arrow which meet the specifications established by Commission regulation.

      (c) Small game mammals in any manner other than with a handgun, shotgun, rifle, longbow and arrow or by means of falconry.

      (d) Game birds with any rifle or handgun, or in any manner other than with a shotgun held in the hand, with a longbow and arrow or by means of falconry.

      (e) Migratory game birds with any shotgun capable of holding more than three shells.

      (f) Any game bird or game mammal with the aid of any artificial light.

      (g) Any big game mammal, except mountain lions, with a dog of any breed.

      2.  A person who is hunting during any period of an open season during which hunting is restricted to the use of only archery equipment or a muzzle-loading firearm:

      (a) May carry for self-defense a handgun that:

             (1) Has a barrel length of less than 8 inches; and

             (2) Does not have a telescopic sight.

      (b) May not use the handgun carried pursuant to paragraph (a) to hunt any wildlife.

      3.  Nothing in this section prohibits the use of dogs in the hunting of game birds or small game mammals.

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

________

CHAPTER 207, AB 150

Assembly Bill No. 150–Assemblymen Stewart, Carrillo; Flores and Nelson

 

CHAPTER 207

 

[Approved: May 27, 2015]

 

AN ACT relating to education; revising the eligibility criteria for a student to receive a Governor Guinn Millennium Scholarship; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a student to maintain a certain grade point average based on his or her year of graduation to be eligible for a Governor Guinn Millennium Scholarship. (NRS 396.930) This bill extends eligibility for such a scholarship to students who do not meet the minimum grade point average requirement, but who receive a certain score on a college entrance examination administered to the student while the student was enrolled as a pupil in a public or private high school in this State. This bill requires the Board of Regents of the University of Nevada to establish such score requirements.

 


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ê2015 Statutes of Nevada, Page 975 (Chapter 207, AB 150)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 396.930 is hereby amended to read as follows:

      396.930  1.  Except as otherwise provided in subsections 2 and 3, a student may apply to the Board of Regents for a Millennium Scholarship if the student:

      (a) Except as otherwise provided in paragraph (e) of subsection 2, has been a resident of this State for at least 2 years before the student applies for the Millennium Scholarship;

      (b) Except as otherwise provided in paragraph (c), graduated from a public or private high school in this State:

             (1) After May 1, 2000, but not later than May 1, 2003; or

             (2) After May 1, 2003, and, except as otherwise provided in paragraphs (c), (d) and (f) of subsection 2, not more than 6 years before the student applies for the Millennium Scholarship;

      (c) Does not satisfy the requirements of paragraph (b) and:

             (1) Was enrolled as a pupil in a public or private high school in this State with a class of pupils who were regularly scheduled to graduate after May 1, 2000;

             (2) Received his or her high school diploma within 4 years after he or she was regularly scheduled to graduate; and

             (3) Applies for the Millennium Scholarship not more than 6 years after he or she was regularly scheduled to graduate from high school;

      (d) [Maintained] Except as otherwise provided in paragraph (e), maintained in high school in the courses designated by the Board of Regents pursuant to paragraph (b) of subsection 2, at least:

             (1) A 3.00 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2003 or 2004;

             (2) A 3.10 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2005 or 2006; or

             (3) A 3.25 grade point average on a 4.0 grading scale, if the student was a member of the graduating class of 2007 or a later graduating class; [and]

      (e) Does not satisfy the requirements of paragraph (d) and received at least the minimum score established by the Board of Regents on a college entrance examination approved by the Board of Regents that was administered to the student while the student was enrolled as a pupil in a public or private high school in this State; and

      (f) Is enrolled in at least:

             (1) Six semester credit hours in a community college within the System;

             (2) Twelve semester credit hours in another eligible institution; or

             (3) A total of 12 or more semester credit hours in eligible institutions if the student is enrolled in more than one eligible institution.

      2.  The Board of Regents:

      (a) Shall define the core curriculum that a student must complete in high school to be eligible for a Millennium Scholarship.

      (b) Shall designate the courses in which a student must earn the minimum grade point averages set forth in paragraph (d) of subsection 1.

 


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ê2015 Statutes of Nevada, Page 976 (Chapter 207, AB 150)ê

 

      (c) May establish criteria with respect to students who have been on active duty serving in the Armed Forces of the United States to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1.

      (d) Shall establish criteria with respect to students who have a documented physical or mental disability or who were previously subject to an individualized education program under the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or a plan under Title V of the Rehabilitation Act of 1973, 29 U.S.C. §§ 791 et seq. The criteria must provide an exemption for those students from:

             (1) The 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1 and subparagraph (3) of paragraph (c) of subsection 1 and any limitation applicable to students who are eligible pursuant to subparagraph (1) of paragraph (b) of subsection 1.

             (2) The minimum number of credits prescribed in paragraph (e) of subsection 1.

      (e) Shall establish criteria with respect to students who have a parent or legal guardian on active duty in the Armed Forces of the United States to exempt such students from the residency requirement set forth in paragraph (a) of subsection 1 or subsection 3.

      (f) Shall establish criteria with respect to students who have been actively serving or participating in a charitable, religious or public service assignment or mission to exempt such students from the 6-year limitation on applications that is set forth in subparagraph (2) of paragraph (b) of subsection 1. Such criteria must provide for the award of Millennium Scholarships to those students who qualify for the exemption and who otherwise meet the eligibility criteria to the extent that money is available to award Millennium Scholarships to the students after all other obligations for the award of Millennium Scholarships for the current school year have been satisfied.

      3.  Except as otherwise provided in paragraph (c) of subsection 1, for students who did not graduate from a public or private high school in this State and who, except as otherwise provided in paragraph (e) of subsection 2, have been residents of this State for at least 2 years, the Board of Regents shall establish:

      (a) The minimum score on a standardized test that such students must receive; or

      (b) Other criteria that students must meet,

Ê to be eligible for Millennium Scholarships.

      4.  In awarding Millennium Scholarships, the Board of Regents shall enhance its outreach to students who:

      (a) Are pursuing a career in education or health care;

      (b) Come from families who lack sufficient financial resources to pay for the costs of sending their children to an eligible institution; or

      (c) Substantially participated in an antismoking, antidrug or antialcohol program during high school.

      5.  The Board of Regents shall establish a procedure by which an applicant for a Millennium Scholarship is required to execute an affidavit declaring the applicant’s eligibility for a Millennium Scholarship pursuant to the requirements of this section. The affidavit must include a declaration that the applicant is a citizen of the United States or has lawful immigration status, or that the applicant has filed an application to legalize the applicant’s immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.

 


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status, or that the applicant has filed an application to legalize the applicant’s immigration status or will file an application to legalize his or her immigration status as soon as he or she is eligible to do so.

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

________

CHAPTER 208, AB 156

Assembly Bill No. 156–Assemblyman Thompson

 

CHAPTER 208

 

[Approved: May 27, 2015]

 

AN ACT relating to public welfare; revising the manner in which the Director of the Department of Health and Human Services determines whether a community is at-risk for purposes of provisions relating to family resource centers; requiring a family resource center to obtain input from certain elected officials when creating an action plan; requiring a case manager at a family resource center to collect and analyze data to monitor the performance of certain responsibilities by members of families receiving services from the family resource center; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines the term “family resource center” as a facility within an at-risk community where families may obtain: (1) an assessment of their eligibility for social services; (2) social services; and (3) referrals to obtain social services from other service agencies or organizations. (NRS 430A.040) Section 1 of this bill requires the Director of the Department of Health and Human Services, when determining whether a community is “at-risk,” to consider the number of families in the community who are at imminent risk of homelessness in addition to the number of families in the community who are transient. Section 2 of this bill clarifies that a family resource center is a facility where families may obtain social services directly from the center.

      Before a family resource center may obtain a grant from the Director, existing law requires the family resource center to create an action plan which must be approved by the Director. Such an action plan must be developed with input from members of the family resource center council, an organization of community members who assist and advise the family resource center. (NRS 430A.045, 430A.120, 430A.140) Sections 3 and 4 of this bill require the family resource center also to develop the plan with input from local and state elected officials who represent the geographic area in which the family resource center is located when creating the action plan.

      Existing law requires a case manager to develop a plan with each family that seeks services from a family resource center and requires that the plan specify the responsibilities the family members must fulfill to remain eligible for services. (NRS 430A.170) Section 5 of this bill requires the case manager to collect and analyze data to monitor the performance of these responsibilities by the family members.

 


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ê2015 Statutes of Nevada, Page 978 (Chapter 208, AB 156)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 430A.020 is hereby amended to read as follows:

      430A.020  “At-risk community” means a geographic area that the Director has declared to be in need of social and economic assistance and social service programs because of the number of families who reside there who:

      1.  Have low incomes;

      2.  Are transient [;] or at imminent risk of homelessness; or

      3.  Have members whose ability to excel in academics, work and social situations is impaired by the educational, economic and social situation of the family as a unit.

      Sec. 2. NRS 430A.040 is hereby amended to read as follows:

      430A.040  “Family resource center” means a facility within an at-risk community where families may obtain:

      1.  An assessment of their eligibility for social services;

      2.  Social services [;] directly from the family resource center; and

      3.  Referrals to obtain social services from other social service agencies or organizations.

      Sec. 3. NRS 430A.120 is hereby amended to read as follows:

      430A.120  The Director shall adopt such regulations as are necessary to carry out the provisions of this chapter. The regulations must provide:

      1.  Criteria for evaluating and determining the geographic boundaries for at-risk communities.

      2.  A method for establishing family resource centers, which must include the option of designating existing organizations as family resource centers.

      3.  Criteria for evaluating and approving action plans. The criteria must provide that no action plan will be approved unless it is:

      (a) Tailored to meet the specific needs of the community;

      (b) Developed with input from members of the family resource center council [;] and local and state elected officials who represent the geographic area in which the family resource center is located; and

      (c) Feasible in relation to the resources available to the family resource center to which the action plan applies.

      4.  Criteria for the establishment and composition of a family resource center council.

      Sec. 4. NRS 430A.140 is hereby amended to read as follows:

      430A.140  1.  Before a family resource center may obtain a grant from the Director, the family resource center:

      (a) Must submit to the Director an action plan created by the family resource center with input from the family resource center council [;] and local and state elected officials who represent the geographic area in which the family resource center is located; and

      (b) Must obtain approval from the Director of that action plan.

      2.  An action plan must be resubmitted to the Director for approval:

      (a) On or before July 1 of each year; and

      (b) Any time the family resource center adopts a proposed amendment to the action plan.

 


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ê2015 Statutes of Nevada, Page 979 (Chapter 208, AB 156)ê

 

      Sec. 5. NRS 430A.170 is hereby amended to read as follows:

      430A.170  1.  Each family resource center must have a case manager and may have a coordinator to handle administrative matters. If a family resource center does not employ a separate person to act as coordinator, the case manager shall also act as coordinator.

      2.  The Director shall provide training for all case managers on how to assess the needs of families using the family resource center.

      3.  The case manager shall, for each family that seeks services from the center [, develop] :

      (a) Develop a plan with the family which specifies:

      [(a)](1) The services for which the family is eligible;

      [(b)](2) Whether the family will receive services from the family resource center or a social service agency, or both;

      [(c)](3) The responsibilities the family members must fulfill to remain eligible for the services; and

      [(d)](4) The manner in which the performance of responsibilities by the agency and the family members will be monitored [.] ; and

      (b) Collect and analyze data to monitor the performance by the family members of the responsibilities prescribed in the plan.

      Sec. 6. (Deleted by amendment.)

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

________

CHAPTER 209, AB 160

Assembly Bill No. 160–Assemblymen Ellison; and Wheeler

 

CHAPTER 209

 

[Approved: May 27, 2015]

 

AN ACT relating to courts; revising provisions concerning the locations in which justice courts and municipal courts must be held; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires justice courts to be held in their respective townships, precincts or cities, and municipal courts in their respective cities. (NRS 1.050) This bill provides that justice courts and municipal courts may also be held in various other locations under certain circumstances.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 1.050 is hereby amended to read as follows:

      1.050  1.  Except as otherwise provided in NRS 3.100, the District Court in and for Carson City shall sit at Carson City.

      2.  Except as provided in subsection [4] 5 or NRS 3.100, every other court of justice, except justice or municipal court, shall sit at the county seat of the county in which it is held.

 


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ê2015 Statutes of Nevada, Page 980 (Chapter 209, AB 160)ê

 

      3.  Justice courts [shall] must be held in their respective townships, precincts or cities, [and municipal courts in their respective cities.] except that a justice court may also be held:

      (a) In a court or other facility used by any other justice court located within the same county, with the consent of the justice of the peace who presides over that court or other facility.

      (b) With the approval of the court, in any county or city jail or detention facility where a person whose offense or alleged offense which is subject to the jurisdiction of the court is customarily held in custody.

      4.  Municipal courts must be held in their respective cities, except that a municipal court may also be held, with the approval of the court, in any county or city jail or detention facility where a person whose offense or alleged offense which is subject to the jurisdiction of the court is customarily held in custody.

      5.  The parties to an action in [a district] any court may stipulate, with the approval of the court, that the action may be tried, or any proceeding related to the action may be had, before that court at any other place in this State where [a district] court is regularly held.

      Sec. 2. NRS 4.360 is hereby amended to read as follows:

      4.360  The courts held by justices of the peace are denominated justice courts. [They shall] Justice courts have no terms [, but shall] and must always be open. [Justice] Except as otherwise provided in subsections 3 and 5 of NRS 1.050, justice courts [shall] must be held in their respective townships.

      Sec. 3. NRS 5.010 is hereby amended to read as follows:

      5.010  There must be in each city a municipal court presided over by a municipal judge. The municipal court:

      1.  [Must] Except as otherwise provided in subsections 4 and 5 of NRS 1.050, must be held at such place in the city within which it is established as the governing body of that city may by ordinance direct.

      2.  May by ordinance be designated as a court of record.

________

 

 

 


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ê2015 Statutes of Nevada, Page 981ê

 

CHAPTER 210, AB 164

Assembly Bill No. 164–Assemblymen Ohrenschall, Wheeler, Fiore; Araujo, Armstrong, Diaz, Dickman, Gardner, Jones, Moore, Seaman, Shelton, Stewart and Swank

 

Joint Sponsors: Senators Woodhouse, Segerblom and Manendo

 

CHAPTER 210

 

[Approved: May 27, 2015]

 

AN ACT relating to public health; authorizing a manufacturer to provide or make available an investigational drug, biological product or device to certain patients under certain circumstances; prohibiting an officer, employee or agent of this State from preventing or attempting to prevent a patient from accessing such an investigational drug, biological product or device under certain circumstances; authorizing a physician to prescribe or recommend an investigational drug, biological product or device to certain persons under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law prohibits the introduction of a drug or biological product into interstate commerce if the drug or biological product has not received approval from the United States Food and Drug Administration. (21 U.S.C. § 355; 42 U.S.C. § 262) Existing federal regulations allow expanded access to investigational drugs and biological products for patients who have a serious or immediately life-threatening illness under certain circumstances. (21 C.F.R. Part 312, Subpart I) Existing Nevada law makes it a misdemeanor for any person to possess, procure, obtain, process, produce, derive, manufacture, sell, offer for sale, give away or otherwise furnish any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act. (NRS 454.351)

      Section 1 of this bill authorizes the manufacturer of an investigational drug, biological product or device to provide or make available the investigational drug, biological product or device to a patient who has been diagnosed with a terminal condition that will, without the administration of life-sustaining treatment, result in death within 1 year if a physician prescribes or recommends the investigational drug, biological product or device. Section 1 defines “investigational drug, biological product or device” as a drug, biological product or device that: (1) has successfully completed Phase 1 of a clinical trial; (2) has not been approved by the United States Food and Drug Administration; and (3) is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration. Section 1 also makes it a misdemeanor for any officer, employee or agent of this State to prevent or attempt to prevent a patient from accessing an investigational drug, biological product or device if certain requirements are met. Additionally, section 2 of this bill removes the criminal penalty otherwise imposed against a person who engages in certain acts that make an investigational drug or biological product available when certain requirements are met.

      Because a prescription or recommendation from a physician is required before a patient may obtain an investigational drug, biological product or device, sections 3 and 8 of this bill authorize a physician to issue such a prescription or recommendation if the physician has: (1) diagnosed the patient with a terminal condition; (2) consulted with the patient and the patient and physician have determined that no treatment currently approved by the Food and Drug Administration is adequate to treat the terminal condition; and (3) obtained informed, written consent to the use of the investigational drug, biological product or device from the patient or his or her representative, parent or guardian.

 


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written consent to the use of the investigational drug, biological product or device from the patient or his or her representative, parent or guardian. Sections 3 and 8 also require such informed, written consent to be provided on a form that contains certain information about the possible consequences of using the investigational drug, biological product or device. Additionally, sections 5, 7 and 9 of this bill provide that a physician or person engaged in the practice of professional nursing who procures or administers a controlled substance or dangerous drug is not subject to professional discipline if the controlled substance or dangerous drug is an investigational drug or biological product prescribed by a physician.

 

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

 

      Whereas, The process to approve investigational drugs, biological products and devices often takes many years; and

      Whereas, Patients who have a terminal condition do not have the luxury of waiting until an investigational drug, biological product or device receives final approval from the United States Food and Drug Administration; and

      Whereas, The standards of the United States Food and Drug Administration for the use of investigational drugs, biological products and devices may deny potentially life-saving treatments to terminal patients; and

      Whereas, This State recognizes that patients who have a terminal condition have a fundamental right to attempt to pursue the preservation of their own lives by accessing available investigational drugs, biological products and devices; and

      Whereas, The decision to use an available investigational drug, biological product or device should be made by a patient with a terminal condition in consultation with his or her physician and is not a decision to be made by the government; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 454 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The manufacturer of an investigational drug, biological product or device may provide or make available the investigational drug, biological product or device to a patient in this State who has been diagnosed with a terminal condition if a physician has prescribed or recommended the investigational drug, biological product or device to the patient as authorized pursuant to section 3 or 8 of this act.

      2.  A manufacturer who provides or makes available an investigational drug, biological product or device to a patient pursuant to subsection 1 may:

      (a) Provide the investigational drug, biological product or device to the patient without charge; or

      (b) Charge the patient only for the costs associated with the manufacture of the investigational drug, biological product or device.

      3.  An officer, employee or agent of this State shall not prevent or attempt to prevent a patient from accessing an investigational drug, biological product or device that is authorized to be provided or made available to a patient pursuant to this section.

      4.  A violation of any provision of this section is a misdemeanor.

 


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      5.  As used in this section:

      (a) “Biological product” has the meaning ascribed to it in 42 U.S.C. § 262.

      (b) “Investigational drug, biological product or device” means a drug, biological product or device that:

             (1) Has successfully completed Phase 1 of a clinical trial;

             (2) Has not been approved by the United States Food and Drug Administration; and

             (3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

      (c) “Terminal condition” means an incurable and irreversible condition that, without the administration of life-sustaining treatment, will, in the opinion of the attending physician, result in death within 1 year.

      Sec. 2. NRS 454.351 is hereby amended to read as follows:

      454.351  1.  Any person within this State who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes any drug which may not be lawfully introduced into interstate commerce under the Federal Food, Drug and Cosmetic Act is guilty of a misdemeanor.

      2.  The provisions of this section do not apply:

      (a) To physicians licensed to practice in this State who have been authorized by the United States Food and Drug Administration to possess experimental drugs for the purpose of conducting research to evaluate the effectiveness of such drugs and who maintain complete and accurate records of the use of such drugs and submit clinical reports as required by the United States Food and Drug Administration.

      (b) To any substance which has been licensed by the State Board of Health for manufacture in this State but has not been approved as a drug by the United States Food and Drug Administration. The exemption granted in this paragraph does not grant authority to transport such a substance out of this State.

      (c) To any person or governmental entity who possesses, procures, obtains, processes, produces, derives, manufactures, sells, offers for sale, gives away or otherwise furnishes an investigational drug or biological product when authorized pursuant to section 1 of this act.

      (d) To any physician who prescribes or recommends an investigational drug or biological product pursuant to section 3 or 8 of this act.

      3.  As used in this section:

      (a) “Biological product” has the meaning ascribed to it in section 1 of this act.

      (b) “Investigational drug or biological product” means a drug or biological product that:

             (1) Has successfully completed Phase 1 of a clinical trial;

            (2) Has not been approved by the United States Food and Drug Administration; and

             (3) Is currently being tested in a clinical trial that has been approved by the United States Food and Drug Administration.

      Sec. 3.  Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A physician may prescribe or recommend an investigational drug, biological product or device to a patient if the physician has:

 


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      (a) Diagnosed the patient with a terminal condition;

      (b) Discussed with the patient all available methods of treating the terminal condition that have been approved by the United States Food and Drug Administration and the patient and the physician have determined that no such method of treatment is adequate to treat the terminal condition of the patient; and

      (c) Obtained informed, written consent to the use of the investigational drug, biological product or device from:

             (1) The patient;

             (2) If the patient is incompetent, the representative of the patient; or

             (3) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  An informed, written consent must be recorded on a form signed by the patient, or the representative or parent or legal guardian of the patient, as applicable, that contains:

      (a) An explanation of all methods of treating the terminal condition of the patient that are currently approved by the United States Food and Drug Administration;

      (b) A statement that the patient, or the representative or parent or legal guardian of the patient, as applicable, and the physician agree that no such method is likely to significantly prolong the life of the patient;

      (c) Clear identification of the specific investigational drug, biological product or device proposed to treat the terminal condition of the patient;

      (d) A description of the consequences of using the investigational drug, biological product or device, which must include, without limitation:

             (1) A description of the best and worst possible outcomes;

             (2) A realistic description of the most likely outcome, in the opinion of the physician; and

             (3) A statement of the possibility that using the investigational drug, biological product or device may result in new, unanticipated, different or worse symptoms or the death of the patient occurring sooner than if the investigational drug, biological product or device is not used;

      (e) A statement that a health insurer of the patient may not be required to pay for care or treatment of any condition resulting from the use of the investigational drug, biological product or device unless such care or treatment is specifically included in the policy of insurance covering the patient and that future benefits under the policy of insurance covering the patient may be affected by the patient’s use of the investigational drug, biological product or device; and

      (f) A statement that the patient, or the representative or parent or legal guardian of the patient, as applicable, understands that the patient is liable for all costs resulting from the use of the investigational drug, biological product or device, including, without limitation, costs resulting from care or treatment of any condition resulting from the use of the investigational drug, biological product or device, and that such liability will be passed on to the estate of the patient upon the death of the patient.

      3.  A physician is not subject to disciplinary action for prescribing or recommending an investigational drug, biological product or device when authorized to do so pursuant to subsection 1.

      4.  As used in this section:

 


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      (a) “Investigational drug, biological product or device” has the meaning ascribed to it in section 1 of this act.

      (b) “Terminal condition” has the meaning ascribed to it in section 1 of this act.

      Sec. 4. NRS 630.254 is hereby amended to read as follows:

      630.254  1.  Each licensee shall maintain a permanent mailing address with the Board to which all communications from the Board to the licensee must be sent. A licensee who changes his or her permanent mailing address shall notify the Board in writing of the new permanent mailing address within 30 days after the change. If a licensee fails to notify the Board in writing of a change in his or her permanent mailing address within 30 days after the change, the Board:

      (a) Shall impose upon the licensee a fine not to exceed $250; and

      (b) May initiate disciplinary action against the licensee as provided pursuant to paragraph (j) of subsection [10] 1 of NRS 630.306.

      2.  Any licensee who changes the location of his or her office in this State shall notify the Board in writing of the change before practicing at the new location.

      3.  Any licensee who closes his or her office in this State shall:

      (a) Notify the Board in writing of this occurrence within 14 days after the closure; and

      (b) For a period of 5 years thereafter, unless a longer period of retention is provided by federal law, keep the Board apprised in writing of the location of the medical records of the licensee’s patients.

      4.  In addition to the requirements of subsection 1, any licensee who performs any of the acts described in subsection 3 of NRS 630.020 from outside this State or the United States shall maintain an electronic mail address with the Board to which all communications from the Board to the licensee may be sent.

      Sec. 5. NRS 630.306 is hereby amended to read as follows:

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

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

      [2.](b) Engaging in any conduct:

      [(a)](1) Which is intended to deceive;

      [(b)](2) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

      [(c)](3) Which is in violation of a regulation adopted by the State Board of Pharmacy.

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

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

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

 


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

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

      [8.](h) Habitual intoxication from alcohol or dependency on controlled substances.

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

      [10.](j) Failing to comply with the requirements of NRS 630.254.

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

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

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

      [14.](n) Operation of a medical facility at any time during which:

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

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

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

      [15.](o) Failure to comply with the requirements of NRS 630.373.

      [16.](p) Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

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

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

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

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

      18.]; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to section 3 or 8 of this act.

      (r) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      2.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

 


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      Sec. 6. NRS 630.30665 is hereby amended to read as follows:

      630.30665  1.  The Board shall require each holder of a license to practice medicine to submit to the Board, on a form provided by the Board, a report stating the number and type of surgeries requiring conscious sedation, deep sedation or general anesthesia performed by the holder of the license at his or her office or any other facility, excluding any surgical care performed:

      (a) At a medical facility as that term is defined in NRS 449.0151; or

      (b) Outside of this State.

      2.  In addition to the report required pursuant to subsection 1, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1. The report must be submitted in the manner prescribed by the Board which must be substantially similar to the manner prescribed by the State Board of Health for reporting information pursuant to NRS 439.835.

      3.  Each holder of a license to practice medicine shall submit the reports required pursuant to subsections 1 and 2:

      (a) At the time the holder of a license renews his or her license; and

      (b) Whether or not the holder of the license performed any surgery described in subsection 1. Failure to submit a report or knowingly filing false information in a report constitutes grounds for initiating disciplinary action pursuant to paragraph (i) of subsection [9] 1 of NRS 630.306.

      4.  In addition to the reports required pursuant to subsections 1 and 2, the Board shall require each holder of a license to practice medicine to submit a report to the Board concerning the occurrence of any sentinel event arising from any surgery described in subsection 1 within 14 days after the occurrence of the sentinel event. The report must be submitted in the manner prescribed by the Board.

      5.  The Board shall:

      (a) Collect and maintain reports received pursuant to subsections 1, 2 and 4;

      (b) Ensure that the reports, and any additional documents created from the reports, are protected adequately from fire, theft, loss, destruction and other hazards, and from unauthorized access; and

      (c) Submit to the Division of Public and Behavioral Health a copy of the report submitted pursuant to subsection 1. The Division shall maintain the confidentiality of such reports in accordance with subsection 6.

      6.  Except as otherwise provided in NRS 239.0115, a report received pursuant to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery, and not subject to inspection by the general public.

      7.  The provisions of this section do not apply to surgical care requiring only the administration of oral medication to a patient to relieve the patient’s anxiety or pain, if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.

      8.  In addition to any other remedy or penalty, if a holder of a license to practice medicine fails to submit a report or knowingly files false information in a report submitted pursuant to this section, the Board may, after providing the holder of a license to practice medicine with notice and opportunity for a hearing, impose against the holder of a license to practice medicine an administrative penalty for each such violation. The Board shall establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection.

 


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establish by regulation a sliding scale based on the severity of the violation to determine the amount of the administrative penalty to be imposed against the holder of the license pursuant to this subsection. The regulations must include standards for determining the severity of the violation and may provide for a more severe penalty for multiple violations.

      9.  As used in this section:

      (a) “Conscious sedation” has the meaning ascribed to it in NRS 449.436.

      (b) “Deep sedation” has the meaning ascribed to it in NRS 449.437.

      (c) “General anesthesia” has the meaning ascribed to it in NRS 449.438.

      (d) “Sentinel event” means an unexpected occurrence involving death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of serious adverse outcome. The term includes loss of limb or function.

      Sec. 7. NRS 632.320 is hereby amended to read as follows:

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

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

      (b) Is guilty of any offense:

             (1) Involving moral turpitude; or

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

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

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

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

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

      (f) Is a person with mental incompetence.

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

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

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

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

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

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

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

 


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

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

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

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

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

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

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

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

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

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to section 3 or 8 of this act.

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

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

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

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

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

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

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

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

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

      4.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      Sec. 8. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An osteopathic physician may prescribe or recommend an investigational drug, biological product or device to a patient if the osteopathic physician has:

 


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      (a) Diagnosed the patient with a terminal condition;

      (b) Discussed with the patient all available methods of treating the terminal condition that have been approved by the United States Food and Drug Administration and the patient and the osteopathic physician have determined that no such method of treatment is adequate to treat the terminal condition of the patient; and

      (c) Obtained informed, written consent to the use of the investigational drug, biological product or device from:

             (1) The patient;

             (2) If the patient is incompetent, the representative of the patient; or

             (3) If the patient is less than 18 years of age, a parent or legal guardian of the patient.

      2.  An informed, written consent must be recorded on a form signed by the patient, or the representative or parent or legal guardian of the patient, as applicable, that contains:

      (a) An explanation of all methods of treating the terminal condition of the patient that are currently approved by the United States Food and Drug Administration;

      (b) A statement that the patient, or the representative or parent or legal guardian of the patient, as applicable, and the osteopathic physician agree that no such method is likely to significantly prolong the life of the patient;

      (c) Clear identification of the specific investigational drug, biological product or device proposed to treat the terminal condition of the patient;

      (d) A description of the consequences of using the investigational drug, biological product or device, which must include, without limitation:

             (1) A description of the best and worst possible outcomes;

             (2) A realistic description of the most likely outcome, in the opinion of the osteopathic physician; and

             (3) A statement of the possibility that using the investigational drug, biological product or device may result in new, unanticipated, different or worse symptoms or the death of the patient occurring sooner than if the investigational drug, biological product or device is not used;

      (e) A statement that a health insurer of the patient may not be required to pay for care or treatment of any condition resulting from the use of the investigational drug, biological product or device unless such care or treatment is specifically included in the policy of insurance covering the patient and that future benefits under the policy of insurance covering the patient may be affected by the patient’s use of the investigational drug, biological product or device; and

      (f) A statement that the patient, or the representative or parent or legal guardian of the patient, as applicable, understands that the patient is liable for all costs resulting from the use of the investigational drug, biological product or device, including, without limitation, costs resulting from care or treatment of any condition resulting from the use of the investigational drug, biological product or device, and that such liability will be passed on to the estate of the patient upon the death of the patient.

      3.  An osteopathic physician is not subject to disciplinary action for prescribing or recommending an investigational drug, biological product or device when authorized to do so pursuant to subsection 1.

      4.  As used in this section:

 


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      (a) “Investigational drug, biological product or device” has the meaning ascribed to it in section 1 of this act.

      (b) “Terminal condition” has the meaning ascribed to it in section 1 of this act.

      Sec. 9. NRS 633.511 is hereby amended to read as follows:

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

      [1.](a) Unprofessional conduct.

      [2.](b) Conviction of:

      [(a)](1) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

      [(b)](2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

      [(c)](3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      [(d)](4) Murder, voluntary manslaughter or mayhem;

      [(e)](5) Any felony involving the use of a firearm or other deadly weapon;

      [(f)](6) Assault with intent to kill or to commit sexual assault or mayhem;

      [(g)](7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

      [(h)](8) Abuse or neglect of a child or contributory delinquency; or

      [(i)](9) Any offense involving moral turpitude.

      [3.](c) The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      [4.](d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      [5.](e) Professional incompetence.

      [6.](f) Failure to comply with the requirements of NRS 633.527.

      [7.](g) Failure to comply with the requirements of subsection 3 of NRS 633.471.

      [8.](h) Failure to comply with the provisions of NRS 633.694.

      [9.](i) Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

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

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

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

      [10.](j) Failure to comply with the provisions of subsection 2 of NRS 633.322.

      [11.](k) Signing a blank prescription form.

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

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

 


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ê2015 Statutes of Nevada, Page 992 (Chapter 210, AB 164)ê

 

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

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

      13.]; or

             (4) Is an investigational drug or biological product prescribed to a patient pursuant to section 3 or 8 of this act.

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

      [14.](n) Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

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

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

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

      [18.](r) Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      [19.](s) Failure to comply with the provisions of NRS 633.165.

      [20.](t) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      2.  As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.

      Sec. 10.  This act becomes effective upon passage and approval.

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ê2015 Statutes of Nevada, Page 993ê

 

CHAPTER 211, AB 189

Assembly Bill No. 189–Assemblymen Wheeler, O’Neill; Dickman and Seaman

 

CHAPTER 211

 

[Approved: May 27, 2015]

 

AN ACT relating to special license plates; authorizing the Commission on Special License Plates to request the Legislative Commission to direct the Legislative Auditor to perform an audit of certain charitable organizations which receive additional fees collected by the Department of Motor Vehicles for special license plates; revising provisions regarding the application submitted to the Department by certain persons seeking a special license plate intended to generate financial support for an organization; revising provisions requiring certain charitable organizations which receive additional fees paid for special license plates to provide certain documents and records annually to the Commission on Special License Plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, certain persons may apply to the Department of Motor Vehicles for the design, preparation and issuance of a special license plate that is intended to generate financial support for a charitable organization. The application must include certain information about the person requesting the special license plate, the charitable organization, if different from the person requesting the special license plate, and information about the intended use of the financial support. (NRS 482.367002) Section 6 of this bill requires that such an application also include a budget prepared by or for the charitable organization if the charitable organization is not a governmental entity whose budget is included in the executive budget. Section 6 also requires the Department to notify the Commission on Special License Plates (hereinafter referred to as “the Commission”) and the charitable organization upon making a determination to issue the special license plate.

      Existing law requires each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives fees from the sale of special license plates to prepare and submit annually to the Commission a balance sheet and a recent bank statement. (NRS 482.38277) The Commission is required to provide those documents to the Legislative Auditor, who is required to prepare a final written report for the Commission regarding the propriety of the financial administration and recordkeeping of the charitable organization. (NRS 482.38278) Section 2 of this bill authorizes the Commission to request the Legislative Commission to direct the Legislative Auditor to perform an audit of any charitable organization that receives fees from the sale of special license plates if the Commission has reasonable cause to believe or has received a credible complaint that the charitable organization has: (1) filed with the Commission or the Department forms or records that are inadequate or inaccurate; (2) committed improper practices of financial administration; or (3) failed to use adequate methods and procedures to ensure that all money received in the form of additional fees from special license plates is expended solely for the benefit of the intended recipient. The Commission may also request the Legislative Commission to direct the Legislative Auditor to perform such an audit if the Commission determines that an investigation and audit are reasonably necessary to assist the Commission in administering any provision of existing law which the Commission is authorized to administer.

 


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      Existing law also requires each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives fees from the sale of special license plates to prepare and submit annually to the Commission updated information regarding the telephone number and mailing address of the charitable organization and the names of persons who are responsible for overseeing the operation of the charitable organization. (NRS 482.38277) Section 8 of this bill further requires that the charitable organization provide the Commission annually with a report on the budget of the organization which provides details about how the fees received from the special license plates have been expended and a copy of the most recent federal tax return of the organization, if any, including all schedules related thereto. Section 8 also requires the charitable organization: (1) to post annually on its Internet website the most recent federal tax return of the charitable organization, if any, including all schedules related thereto; or (2) if the charitable organization does not have an Internet website, to publish annually the most recent federal tax return of the charitable organization, if any, including all schedules related thereto, in a newspaper of general circulation in the county where the charitable organization is based.

      Existing law authorizes the Commission to recommend that the Department take adverse action against a charitable organization that receives fees from the sale of special license plates if the Commission makes certain determinations about the organization, and after the organization has had an opportunity for a hearing on those determinations. The adverse action recommended may include the suspension of the collection of all additional fees collected on behalf of the charitable organization and the suspension of production of the special license plates from which the charitable organization receives additional fees, if the Department is still producing that design. (NRS 482.38279) Section 10 of this bill adds to the criteria on which the Commission may base such a determination the results of an audit prepared by the Legislative Auditor pursuant to section 2.

      Section 4 of this bill provides that certain records submitted to the Commission by a charitable organization that receives fees from the sale of special license plates are public records and are available for public inspection. Existing law provides that any personally identifiable information contained in such public records is confidential. (Chapter 239 of NRS, NRS 239B.030)

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. 1.  The Commission on Special License Plates may request the Legislative Commission to direct the Legislative Auditor to perform an audit of any charitable organization if the Commission on Special License Plates:

      (a) Has reasonable cause to believe or has received a credible complaint that the charitable organization has filed with the Commission on Special License Plates or the Department forms or records that are inadequate or inaccurate, has committed improper practices of financial administration, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; or

      (b) Determines that an audit is reasonably necessary to assist the Commission on Special License Plates in administering any provision of this chapter which it is authorized or required to administer.

 


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ê2015 Statutes of Nevada, Page 995 (Chapter 211, AB 189)ê

 

      2.  If the Legislative Commission directs the Legislative Auditor to perform an audit of a charitable organization, the Legislative Auditor shall:

      (a) Conduct the audit and prepare a final written report of the audit;

      (b) Distribute a copy of the final written report to each member of the Commission on Special License Plates; and

      (c) Present the final written report to the Commission on Special License Plates at its next regularly scheduled meeting.

      3.  Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report of the audit may include, without limitation:

      (a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the Commission on Special License Plates or the Department;

      (b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;

      (c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and

      (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.

      Sec. 3.  1.  Upon receiving notification by the Department pursuant to subsection 5 of NRS 482.367002 that a special license plate that is intended to generate financial support for an organization will be issued by the Department, a charitable organization, not including a governmental entity whose budget is in the executive budget, that is to receive additional fees shall, if the charitable organization wishes to award grants with any of the money received in the form of additional fees, submit to the Commission on Special License Plates in writing the methods and procedures to be used by the charitable organization in awarding such grants, including, without limitation:

      (a) A copy of the application form to be used by any person or entity seeking a grant from the charitable organization;

      (b) The guidelines established by the charitable organization for the submission and review of applications to receive a grant from the charitable organization; and

      (c) The criteria to be used by the charitable organization in awarding such a grant.

      2.  Upon receipt of the information required, the Commission shall review the procedures to determine if the methods and procedures are adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient. If the Commission determines that the methods and procedures are:

      (a) Adequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

      (b) Inadequate to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization and request that the charitable organization submit a revised version of the methods and procedures to be used by the charitable organization in awarding grants.

 


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the Commission shall notify the charitable organization and request that the charitable organization submit a revised version of the methods and procedures to be used by the charitable organization in awarding grants.

      3.  A charitable organization may not award any grants of money received in the form of additional fees until the procedures and methods have been determined adequate by the Commission pursuant to subsection 2.

      Sec. 4. All documents and information submitted to the Commission pursuant to sections 2 and 3 of this act, NRS 482.38277 and 482.38278 by a charitable organization that is to receive additional fees, not including a governmental entity whose budget is in the executive budget, are public records and are available for public inspection as provided in chapter 239 of NRS.

      Sec. 5. NRS 482.270 is hereby amended to read as follows:

      482.270  1.  Except as otherwise provided in this section or by specific statute, the Director shall order the redesign and preparation of motor vehicle license plates.

      2.  Except as otherwise provided in subsection 3, the Department shall, upon the payment of all applicable fees, issue redesigned motor vehicle license plates pursuant to this section to persons who apply for the registration or renewal of the registration of a motor vehicle on or after January 1, 2001.

      3.  The Department shall not issue redesigned motor vehicle license plates pursuant to this section to a person who was issued motor vehicle license plates before January 1, 1982, or pursuant to NRS 482.3747, 482.3763, 482.3775, 482.378, 482.379 or 482.37901, without the approval of the person.

      4.  The Director may determine and vary the size, shape and form and the material of which license plates are made, but each license plate must be of sufficient size to be plainly readable from a distance of 100 feet during daylight. All license plates must be treated to reflect light and to be at least 100 times brighter than conventional painted number plates. When properly mounted on an unlighted vehicle, the license plates, when viewed from a vehicle equipped with standard headlights, must be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet.

      5.  Every license plate must have displayed upon it:

      (a) The registration number, or combination of letters and numbers, assigned to the vehicle and to the owner thereof;

      (b) The name of this State, which may be abbreviated;

      (c) If issued for a calendar year, the year; and

      (d) If issued for a registration period other than a calendar year, the month and year the registration expires.

      6.  Each special license plate that is designed, prepared and issued pursuant to NRS 482.367002 must be designed and prepared in such a manner that:

      (a) The left-hand one-third of the plate is the only part of the plate on which is displayed any design or other insignia that is suggested pursuant to paragraph [(f)] (g) of subsection 2 of that section; and

      (b) The remainder of the plate conforms to the requirements for lettering and design that are set forth in this section.

      Sec. 6. NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department.

 


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ê2015 Statutes of Nevada, Page 997 (Chapter 211, AB 189)ê

 

Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

      (a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

      (b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

      (c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

      (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

      (e) The organization is nondiscriminatory; and

      (f) The license plate will not promote a specific religion, faith or antireligious belief.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

      (b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:

             (1) The name of the cause or charitable organization; and

             (2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:

                   (I) General use by the particular cause or charitable organization; or

                   (II) Use by the particular cause or charitable organization in a more limited or specific manner;

      (c) Must include the name and signature of a person who represents:

             (1) The organization which is requesting that the Department design, prepare and issue the special license plate; and

             (2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;

      (d) Must include proof that the organization satisfies the requirements set forth in subsection 1;

      (e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000; [and]

      (f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and

      (g) May be accompanied by suggestions for the design of and colors to be used in the special license plate.

      3.  If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:

 


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ê2015 Statutes of Nevada, Page 998 (Chapter 211, AB 189)ê

 

issued the plate, the applicant shall amend the application with updated information when any of the following events take place:

      (a) The name of the organization that submitted the application has changed since the initial application was submitted.

      (b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.

      (c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.

      (d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.

Ê The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a meeting of the Commission on Special License Plates, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.

      4.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if:

      (a) The Department determines that the application for that plate complies with subsection 2; and

      (b) The Commission on Special License Plates recommends to the Department that the Department approve the application for that plate pursuant to subsection 5 of NRS 482.367004.

      5.  Upon making a determination to issue a special license plate pursuant to this section, the Department shall notify:

      (a) The person who requested the special license plate pursuant to subsection 1;

      (b) The charitable organization for which the special license plate is intended to generate financial support, if any; and

      (c) The Commission on Special License Plates.

      6.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to this section;

      (b) The Commission on Special License Plates has recommended the Department approve for issuance pursuant to subsection 5 of NRS 482.367004; and

      (c) Complies with the requirements of subsection 6 of NRS 482.270,

Ê for any passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

 


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ê2015 Statutes of Nevada, Page 999 (Chapter 211, AB 189)ê

 

      [6.]7.  The Department must promptly release the surety bond posted pursuant to subsection 2:

      (a) If the Department determines not to issue the special license plate; or

      (b) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      [7.]8.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      Sec. 7. NRS 482.38272 is hereby amended to read as follows:

      482.38272  As used in NRS 482.38272 to 482.38279, inclusive, and sections 2, 3 and 4 of this act, unless the context otherwise requires, the words and terms defined in NRS 482.38273 to 482.38276, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8. NRS 482.38277 is hereby amended to read as follows:

      482.38277  1.  On or before September 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall prepare a balance sheet for the immediately preceding fiscal year on a form provided by the Commission on Special License Plates and file the balance sheet, accompanied by a recent bank statement, with the Commission. The Commission shall prepare and make available, or cause to be prepared and made available, a form that must be used by a charitable organization to prepare such a balance sheet.

      2.  On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall provide to the Commission and the Department:

      (a) A list of the names of the persons, whether or not designated officers, who are responsible for overseeing the operation of the charitable organization;

      (b) The current mailing address of the charitable organization; [and]

      (c) The current telephone number of the charitable organization [.] ;

      (d) A report on the budget of the charitable organization, including, without limitation:

             (1) A copy of the most recent annual budget of the charitable organization; and

             (2) A description of how all money received by the charitable organization in the form of additional fees was expended, including, without limitation, how that money was expended by the charitable organization, or any recipient or awardee of that money from the charitable organization; and

 


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ê2015 Statutes of Nevada, Page 1000 (Chapter 211, AB 189)ê

 

without limitation, how that money was expended by the charitable organization, or any recipient or awardee of that money from the charitable organization; and

      (e) A copy of the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.

      3.  On or before July 1 of each fiscal year, each charitable organization, not including a governmental entity whose budget is included in the executive budget, that receives additional fees shall post on the Internet website of the charitable organization or, if no such Internet website exists, publish in a newspaper of general circulation in the county where the charitable organization is based, the most recent federal tax return of the charitable organization, if any, including all schedules related thereto.

      4.  The Legislative Auditor shall prescribe:

      (a) The form and content of the balance sheets required to be filed pursuant to subsection 1; and

      (b) Any additional information that must accompany the balance sheets and bank statements required to be filed pursuant to subsection 1, including, without limitation, the methods and procedures used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient.

      [4.]5.  The Commission shall provide to the Legislative Auditor:

      (a) A copy of each balance sheet and bank statement that it receives from a charitable organization pursuant to subsection 1; and

      (b) A copy of the information that it receives from a charitable organization pursuant to subsection 2.

      Sec. 9. NRS 482.38278 is hereby amended to read as follows:

      482.38278  1.  On or before September 30 following the end of each fiscal year, the Legislative Auditor shall present to the Commission on Special License Plates a final written report with respect to the charitable organizations for which the Commission provided to the Legislative Auditor a balance sheet pursuant to subsection [4] 5 of NRS 482.38277.

      2.  The final written report must be distributed to each member of the Commission before the report is presented to the Commission.

      3.  Along with any statement of explanation or rebuttal from the audited charitable organization, the final written report may include, without limitation:

      (a) Evidence regarding the inadequacy or inaccuracy of any forms or records filed by the charitable organization with the Commission or the Department;

      (b) Evidence regarding any improper practices of financial administration on the part of the charitable organization;

      (c) Evidence regarding the methods and procedures, or lack thereof, used to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient; and

      (d) Any other evidence or information that the Legislative Auditor determines to be relevant to the propriety of the financial administration and recordkeeping of the charitable organization, including, without limitation, the disposition of any additional fees received by the charitable organization.

      Sec. 10. NRS 482.38279 is hereby amended to read as follows:

      482.38279  1.  If the Commission on Special License Plates determines that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278, or section 2 of this act, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

 


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ê2015 Statutes of Nevada, Page 1001 (Chapter 211, AB 189)ê

 

provisions of NRS 482.38277 or if, in a report provided to the Commission by the Legislative Auditor pursuant to NRS 482.38278, or section 2 of this act, the Legislative Auditor determines that a charitable organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall notify the charitable organization of that determination.

      2.  A charitable organization may request in writing a hearing, within 20 days after receiving notification pursuant to subsection 1, to respond to the determinations of the Commission or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request for a hearing unless the parties, by written stipulation, agree to extend the time.

      3.  The Commission shall issue a decision on whether to uphold the original determination of the Commission or the Legislative Auditor or to overturn that determination. The decision required pursuant to this subsection must be issued:

      (a) Immediately after the hearing, if a hearing was requested; or

      (b) Within 30 days after the expiration of the 20-day period within which a hearing may be requested, if a hearing was not requested.

      4.  If the Commission decides to uphold its own determination that a charitable organization has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the organization has committed improper practices of financial administration, has filed with the Commission or the Department forms or records that are inadequate or inaccurate, or has failed to use adequate methods and procedures to ensure that all money received in the form of additional fees is expended solely for the benefit of the intended recipient, the Commission shall issue its decision in writing and may recommend that the Department:

      (a) Suspend the collection of all additional fees collected on behalf of the charitable organization; and

      (b) Suspend production of the particular design of special license plates from which the charitable organization receives additional fees, if the Department is still producing that design.

      5.  If, in accordance with subsection 4, the Commission recommends that the Department take adverse action against a charitable organization, the Commission shall notify the charitable organization, in writing, of that fact within 30 days after making the recommendation. A charitable organization aggrieved by a recommendation of the Commission may, within 30 days after the date on which it received notice of the recommendation, submit to the Department any facts, evidence or other information that it believes is relevant to the propriety of the Commission’s recommendation. Within 30 days after receiving all facts, evidence and other relevant information submitted to the Department by the aggrieved charitable organization, the Department shall render a decision, in writing, as to whether the Department accepts or rejects the Commission’s recommendation. The decision of the Department is a final decision for the purpose of judicial review.

      Sec. 11.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 1002ê

 

CHAPTER 212, AB 214

Assembly Bill No. 214–Assemblyman Sprinkle

 

CHAPTER 212

 

[Approved: May 27, 2015]

 

AN ACT relating to public safety; revising provisions relating to penalties for soliciting a child for prostitution; revising the purposes for which money in the Contingency Account for Victims of Human Trafficking may be used; revising the process by which the Director of the Department of Health and Human Services may make allocations of money from the Contingency Account in cases of emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Contingency Account for Victims of Human Trafficking. The money in the Contingency Account is to be expended only for the purpose of establishing or providing programs or services to victims of human trafficking. (NRS 217.530) Section 1 of this bill authorizes a limited portion of the money in the Contingency Account to be used for fundraising for the direct benefit of the Contingency Account.

      Existing law requires the Grants Management Advisory Committee of the Department of Health and Human Services to review applications for allocations from the Contingency Account and make recommendations to the Director of the Department concerning allocations of money from the Contingency Account to applicants. (NRS 217.540) Section 2 of this bill eliminates the requirements of review and recommendation by the Advisory Committee if the Director determines that an emergency exists and an allocation of money from the Contingency Account is needed immediately.

      Existing law provides that a person who solicits a child for prostitution is guilty of a category E felony. (NRS 201.354) Section 3 of this bill increases the penalty for this offense to make: (1) the first offense a category E felony punishable by the penalties applicable to other category E felonies and a mandatory fine of not more than $5,000; (2) the second offense a category D felony punishable by the penalties applicable to other category D felonies; and (3) the third and subsequent offense a category C felony punishable by the penalties applicable to other category C felonies. Section 3 further prohibits the court from granting probation to, or suspending the sentence of, a person convicted of a third or subsequent offense of soliciting a child for prostitution.

 

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 217.530 is hereby amended to read as follows:

      217.530  1.  The Contingency Account for Victims of Human Trafficking is hereby created in the State General Fund.

      2.  The Director of the Department of Health and Human Services shall administer the Contingency Account. The money in the Contingency Account [must] :

 


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ê2015 Statutes of Nevada, Page 1003 (Chapter 212, AB 214)ê

 

      (a) Must be expended only for the [purpose] purposes of [establishing] :

             (1) Establishing or providing programs or services to victims of human trafficking [and is] ; and

             (2) Fundraising for the direct benefit of the Contingency Account. The total amount of money expended pursuant to this subparagraph in any fiscal year must not exceed $10,000 or 10 percent of the amount of money in the Contingency Account at the beginning of that fiscal year, whichever is less.

      (b) Is hereby authorized for expenditure as a continuing appropriation for [this purpose.] these purposes.

      3.  The Director may apply for and accept gifts, grants and donations or other sources of money for deposit in the Contingency Account.

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

      5.  Any money remaining in the Contingency Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Contingency Account must be carried forward to the next fiscal year.

      Sec. 2. NRS 217.540 is hereby amended to read as follows:

      217.540  1.  A nonprofit organization or any agency or political subdivision of this State may apply to the Director of the Department of Health and Human Services for an allocation of money from the Contingency Account.

      2.  [The] Except as otherwise provided in this subsection, the Grants Management Advisory Committee created by NRS 232.383 shall review applications received by the Director pursuant to subsection 1 and make recommendations to the Director concerning allocations of money from the Contingency Account to applicants. If the Director, in his or her discretion, determines that an emergency exists and an allocation of money from the Contingency Account is needed immediately, the Director may make an allocation of money from the Contingency Account pursuant to this section without the review of the application or the making of recommendations by the Grants Management Advisory Committee.

      3.  The Director may make allocations of money from the Contingency Account to applicants and may place such conditions on the acceptance of such an allocation as the Director determines are necessary, including, without limitation, requiring the recipient of an allocation to submit periodic reports concerning the recipient’s use of the allocation.

      4.  The recipient of an allocation of money from the Contingency Account may use the money only for the purposes of establishing or providing programs or services to victims of human trafficking.

      Sec. 3. NRS 201.354 is hereby amended to read as follows:

      201.354  1.  It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.

      2.  Except as otherwise provided in subsection 3, a person who violates subsection 1 is guilty of a misdemeanor.

      3.  A person who violates subsection 1 by soliciting a child for prostitution :

      (a) For a first offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130 [.] , and by a fine of not more than $5,000.

 


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ê2015 Statutes of Nevada, Page 1004 (Chapter 212, AB 214)ê

 

      (b) For a second offense, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130. The court shall not grant probation to or suspend the sentence of a person punished pursuant to this paragraph.

      Sec. 4.  For the sole purpose of determining the number of offenses committed by a person for the purposes of NRS 201.354, as amended by section 3 of this act, the amendatory provisions of this act apply to offenses committed before, on or after the effective date of this act.

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

________

CHAPTER 213, AB 225

Assembly Bill No. 225–Assemblymen Neal, Thompson, Diaz; Bustamante Adams and Munford

 

Joint Sponsors: Senators Segerblom, Atkinson and Ford

 

CHAPTER 213

 

[Approved: May 27, 2015]

 

AN ACT relating to the Department of Corrections; requiring certain provisions to be included in contracts entered into between the Director of the Department of Corrections and public or private entities to provide certain services to offenders or parolees participating in a correctional or judicial program for reentry of offenders and parolees into the community; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Director of the Department of Corrections, after consulting with the Division of Parole and Probation of the Department of Public Safety, to enter into one or more contracts with one or more public or private entities to provide certain services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program for reentry of offenders and parolees into the community. (NRS 209.4889) This bill removes the requirement that the Director consult with the Division before entering into such a contract and instead authorizes the Director to consult with the Division before entering into such a contract. This bill also requires such a contract to contain certain provisions concerning: (1) services that the entity will provide; (2) parolees who have completed or are currently participating in a program of services provided by the entity; (3) assessments of the risk levels and needs of offenders and parolees; and (4) annual meetings between the Director, a representative of the Division, and entities which have entered into a contract with the Director to provide such services to offenders and parolees.

 


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ê2015 Statutes of Nevada, Page 1005 (Chapter 213, AB 225)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 209.4889 is hereby amended to read as follows:

      209.4889  1.  The Director may [, after consulting with the Division,] enter into one or more contracts with one or more public or private entities to provide any of the following services, as necessary and appropriate, to offenders or parolees participating in a correctional or judicial program:

      (a) Transitional housing;

      (b) Treatment pertaining to substance abuse or mental health;

      (c) Training in life skills;

      (d) Vocational rehabilitation and job skills training; and

      (e) Any other services required by offenders or parolees who are participating in a correctional or judicial program.

      2.  The Director may consult with the Division before entering into a contract with a public or private entity pursuant to subsection 1.

      3.  The Director shall, as necessary and appropriate, provide referrals and information regarding:

      (a) Any of the services provided pursuant to subsection 1;

      (b) Access and availability of any appropriate self-help groups;

      (c) Social services for families and children; and

      (d) Permanent housing.

      [3.]4.  The Director may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of this section. Money received pursuant to this subsection may be deposited with the State Treasurer for credit to the Account for Reentry Programs in the State General Fund created by NRS 480.810.

      [4.]5. A contract entered into between the Director and a public or private entity pursuant to subsection 1 must require the entity to:

      (a) Provide a budget concerning all services the entity will provide during the duration of any grant received.

      (b) Provide all services required by any grant received.

      (c) Provide to the Department for its approval a curriculum for any program of services the entity will provide.

      (d) Provide to the Division, if appropriate, a list of the parolees who have completed or are currently participating in a program of services provided by the entity pursuant to any grant received.

      (e) Provide to any offender or parolee who completes a program of services provided by the entity a certificate of completion, and provide a copy of such a certificate to the Division or the Department, as appropriate.

      (f) To the extent financially practicable and necessary, assess the risk levels and needs of offenders and parolees by using a validated assessment tool.

      (g) Share with the Director information concerning assessments of the risk levels and needs of offenders and parolees so the Director can ensure that adequate assessments are being conducted.

      (h) While the entity is providing services pursuant to the contract, meet annually with the Director, a representative of the Division, and other entities that have entered into a contract with the Director pursuant to subsection 1 to discuss, without limitation:

 


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ê2015 Statutes of Nevada, Page 1006 (Chapter 213, AB 225)ê

 

             (1) The services provided by the entities, including the growth and success of the services, any problems with the services and any potential solutions to such problems;

             (2) Issues relating to the reentry of offenders and parolees into the community and reducing the risk of recidivism; and

             (3) Issues relating to offenders and parolees who receive services from an entity and are subsequently convicted of another crime.

      6.  As used in this section, “training in life skills” includes, without limitation, training in the areas of:

      (a) Parenting;

      (b) Improving human relationships;

      (c) Preventing domestic violence;

      (d) Maintaining emotional and physical health;

      (e) Preventing abuse of alcohol and drugs;

      (f) Preparing for and obtaining employment; and

      (g) Budgeting, consumerism and personal finances.

      Sec. 2.  The amendatory provisions of this act apply to a contract entered into between the Director of the Department of Corrections and a public or private entity pursuant to NRS 209.4889, as amended by section 1 of this act, after October 1, 2015.

________

CHAPTER 214, AB 236

Assembly Bill No. 236–Assemblymen Neal, Spiegel, Thompson, Elliot Anderson; Araujo, Benitez-Thompson, Bustamante Adams, Carlton, Carrillo, Diaz, Flores, Joiner, Kirkpatrick, Munford, Ohrenschall, Sprinkle and Swank

 

Joint Sponsors: Senators Atkinson and Spearman

 

CHAPTER 214

 

[Approved: May 27, 2015]

 

AN ACT relating to state agencies; providing for the promotion of public engagement by state agencies using the Internet and Internet tools; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill provides that it is the policy of this State to promote public engagement in the activities of the State Government by adopting methods of public participation and public comment that include the use of the Internet and Internet tools. This bill encourages each state agency, to the extent practicable and within the limits of available money, to develop a policy to promote public engagement that includes the use of the Internet and Internet tools, including electronic mail, electronic mailing lists, online forums and social media.

 


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ê2015 Statutes of Nevada, Page 1007 (Chapter 214, AB 236)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 232 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  It is the policy of this State to strengthen and further promote broad, inclusive and meaningful engagement by the general public and interested stakeholders in the activities of the State Government by adopting methods of public participation and public comment that incorporate the use of the Internet and Internet tools. To assist in carrying out this policy each state agency is encouraged, to the extent practicable and within the limits of available money, to develop a policy on public engagement that incorporates the use of the Internet and Internet tools for the purpose of encouraging public participation and soliciting public comments on the activities of the state agency, including, without limitation, the development or adoption of regulations, policies and programs. The Internet tools used by the state agency may include, without limitation, electronic mail, electronic mailing lists, online forums and social media.

      2.  As used in this section:

      (a) “Social media” means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, live chat, mobile applications, online services or Internet website profiles.

      (b) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of the State Government.

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

________

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 1008ê

 

CHAPTER 215, AB 244

Assembly Bill No. 244–Assemblymen Stewart, Ellison; and Silberkraus

 

CHAPTER 215

 

[Approved: May 27, 2015]

 

AN ACT relating to crimes; providing an enhanced penalty for committing certain repeat offenses of placing graffiti on or otherwise defacing certain property; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that a person who unlawfully places graffiti on or otherwise defaces the public or private property of another without the permission of the owner is guilty of a misdemeanor, gross misdemeanor or felony, depending on the value of the loss of the property. (NRS 206.330) This bill provides that if a person has previously been convicted two or more times of placing graffiti on or otherwise defacing public or private property or has previously been convicted of a felony for such conduct, and the person commits another such violation, regardless of the value of the loss, the person is guilty of a category D felony.

 

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 206.330 is hereby amended to read as follows:

      206.330  1.  Unless a greater criminal penalty is provided by a specific statute, a person who places graffiti on or otherwise defaces the public or private property, real or personal, of another, without the permission of the owner:

      (a) Where the value of the loss is less than $250, is guilty of a misdemeanor.

      (b) Where the value of the loss is $250 or more but less than $5,000, is guilty of a gross misdemeanor.

      (c) Where the value of the loss is $5,000 or more or where the damage results in the impairment of public communication, transportation or police and fire protection, is guilty of a category E felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

      (d) Where the offense is committed on any protected site in this State, is guilty of a category D felony and shall be punished as provided in NRS 193.130. If the court grants probation to such a person, the court shall require as a condition of probation that the person serve at least 10 days in the county jail.

      2.  Unless a greater penalty is provided by a specific statute, a person who has previously been convicted of a violation of subsection 1:

      (a) Two or more times; or

      (b) That was punished as a felony,

Ê and who violates subsection 1, regardless of the value of the loss, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

 


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ê2015 Statutes of Nevada, Page 1009 (Chapter 215, AB 244)ê

 

      [2.]3.  If a person commits more than one offense pursuant to a scheme or continuing course of conduct, the value of all property damaged or destroyed by that person in the commission of those offenses must be aggregated for the purpose of determining the penalty prescribed in subsection 1, but only if the value of the loss when aggregated is $500 or more.

      [3.]4.  A person who violates subsection 1 shall, in addition to any other fine or penalty imposed:

      (a) For the first offense, pay a fine of not less than $400 but not more than $1,000 and perform 100 hours of community service.

      (b) For the second offense, pay a fine of not less than $750 but not more than $1,000 and perform 200 hours of community service.

      (c) For the third and each subsequent offense:

             (1) Pay a fine of $1,000; and

             (2) Perform up to 300 hours of community service for up to 1 year, as determined by the court. The court may order the person to repair, replace, clean up or keep free of graffiti the property damaged or destroyed by the person or, if it is not practicable for the person to repair, replace, clean up or keep free of graffiti that specific property, the court may order the person to repair, replace, clean up or keep free of graffiti another specified property.

Ê The community service assigned pursuant to this subsection must, if possible, be related to the abatement of graffiti.

      [4.]5.  The court may, in addition to any other fine or penalty imposed, order a person who violates subsection 1 to pay restitution.

      [5.]6.  The parent or legal guardian of a person under 18 years of age who violates this section is liable for all fines and penalties imposed against the person. If the parent or legal guardian is unable to pay the fine and penalties resulting from a violation of this section because of financial hardship, the court may require the parent or legal guardian to perform community service.

      [6.]7.  If a person who is 18 years of age or older is found guilty of violating this section, the court shall, in addition to any other penalty imposed, issue an order suspending the driver’s license of the person for not less than 6 months but not more than 2 years. The court shall require the person to surrender all driver’s licenses then held by the person. If the person does not possess a driver’s license, the court shall issue an order prohibiting the person from applying for a driver’s license for not less than 6 months but not more than 2 years. The court shall, within 5 days after issuing the order, forward to the Department of Motor Vehicles any licenses together with a copy of the order.

      [7.]8.  The Department of Motor Vehicles:

      (a) Shall not treat a violation of this section in the manner statutorily required for a moving traffic violation.

      (b) Shall report the suspension of a driver’s license pursuant to this section to an insurance company or its agent inquiring about the person’s driving record. An insurance company shall not use any information obtained pursuant to this paragraph for purposes related to establishing premium rates or determining whether to underwrite the insurance.

      [8.]9.  A criminal penalty imposed pursuant to this section is in addition to any civil penalty or other remedy available pursuant to this section or another statute for the same conduct.

 


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ê2015 Statutes of Nevada, Page 1010 (Chapter 215, AB 244)ê

 

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

      (a) “Impairment” means the disruption of ordinary and incidental services, the temporary loss of use or the removal of the property from service for repair of damage.

      (b) “Protected site” means:

             (1) Any site, landmark, monument, building or structure of historical significance pertaining to the history of the settlement of Nevada;

             (2) Any site, building, structure, object or district listed in the register of historic resources of a community which is recognized as a Certified Local Government pursuant to the Certified Local Government Program jointly administered by the National Park Service and the Office of Historic Preservation of the State Department of Conservation and Natural Resources;

             (3) Any site, building, structure, object or district listed in the State Register of Historic Places pursuant to NRS 383.085 or the National Register of Historic Places;

             (4) Any site, building, structure, object or district that is more than 50 years old and is located in a municipal or state park;

             (5) Any Indian campgrounds, shelters, petroglyphs, pictographs and burials; or

             (6) Any archeological or paleontological site, ruin, deposit, fossilized footprints and other impressions, petroglyphs and pictographs, habitation caves, rock shelters, natural caves, burial ground or sites of religious or cultural importance to an Indian tribe.

      (c) “Value of the loss” means the cost of repairing, restoring or replacing the property, including, without limitation, the cost of any materials and labor necessary to repair, restore or replace the item.

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ê2015 Statutes of Nevada, Page 1011ê

 

CHAPTER 216, AB 273

Assembly Bill No. 273–Assemblyman Hickey

 

CHAPTER 216

 

[Approved: May 27, 2015]

 

AN ACT relating to the Legislature; requiring a cooling-off period before a former State Legislator may act as a paid lobbyist before the Legislature; providing an exception; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Nevada Lobbying Disclosure Act regulates lobbying before the Legislature and is administered by the Director of the Legislative Counsel Bureau. (Chapter 218H of NRS) Under the Nevada Lobbying Disclosure Act, a paid lobbyist is a person who receives any compensation to: (1) appear in person in the Legislative Building or any other building in which the Legislature or any of its standing committees hold meetings; and (2) communicate directly on behalf of someone other than himself or herself with a Legislator, member of a Legislator’s staff or other person employed with reference to a Legislator’s legislative duties to influence legislative action. (NRS 218H.080, 218H.500) However, a paid lobbyist does not include: (1) a person who confines his or her activities to formal appearances before legislative committees and who clearly identifies himself or herself and the interest or interests for whom he or she is testifying; (2) an employee of a bona fide news medium who is acting in the course of his or her professional duties and news gathering function; (3) certain state and local officers and employees who confine their activities to matters related to their public offices or agencies; (4) a current Legislator or legislative employee; and (5) a person who contacts the Legislators elected from the districts in which such person resides. (NRS 218H.080)

      Sections 1 and 3 of this bill make it a misdemeanor for a former State Legislator, with one exception, to act as a paid lobbyist before the Legislature for a cooling-off period beginning on the date on which the former Legislator leaves office as a member of the Legislature and ending on the date of final adjournment of the next regular session during which the former Legislator is not a member of the Legislature. The one exception to this prohibition is if: (1) the former Legislator is required, as part of his or her full-time employment to act as a lobbyist for his or her employer; (2) the former Legislator does not act as a lobbyist for any other employer, client or client of his or her employer; and (3) the primary duties of the former Legislator’s employment include significant duties other than acting as a lobbyist.

      Under existing law, a person who acts as a lobbyist is required, within 2 days after the beginning of that activity, to file a registration statement with the Director of the Legislative Counsel Bureau. (NRS 218H.200) The Director is required under existing law to furnish an identification badge to each lobbyist who files a registration statement. (NRS 218H.300) Section 2 of this bill prohibits the Director from accepting a registration statement from a former Legislator who was a member of the Legislature during the immediately preceding regular session in the classification of paid lobbyist unless the former Legislator certifies in writing, under penalty of perjury, that the former Legislator qualifies under the exception to the cooling-off period set forth in section 1.

      Section 4 of this bill provides that the cooling-off period applies only to Legislators who are elected or appointed to office on or after November 8, 2016. Section 5 of this bill provides that the provisions of this bill become effective on November 8, 2016.

 


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ê2015 Statutes of Nevada, Page 1012 (Chapter 216, AB 273)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 218H of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a former Legislator shall not receive compensation or other consideration to act as a lobbyist for the period beginning on the date on which the former Legislator leaves office as a member of the Legislature and ending on the date of final adjournment of the next regular session during which the former Legislator is not a member of the Legislature.

      2.  The provisions of this section do not apply to a former Legislator if:

      (a) The former Legislator is required, as part of his or her full-time employment, to act as a lobbyist for his or her employer;

      (b) The former Legislator does not act as a lobbyist for any other employer, client or client of his or her employer; and

      (c) The primary duties of the employment of the former Legislator include significant duties other than acting as a lobbyist.

      3.  As used in this section, “consideration” means a gift, salary, payment, distribution, loan, advance or deposit of money or anything of value and includes, without limitation, a contract, promise or agreement, whether or not legally enforceable.

      Sec. 2. NRS 218H.200 is hereby amended to read as follows:

      218H.200  1.  Every person who acts as a lobbyist shall, not later than 2 days after the beginning of that activity, file a registration statement with the Director in such form as the Director prescribes.

      2.  The Director shall not accept a registration statement from a former Legislator who was a member of the Legislature during the immediately preceding regular session in the classification set forth in NRS 218H.500 of a lobbyist who receives any compensation for his or her lobbying activities unless the former Legislator certifies in writing, under penalty of perjury, that he or she qualifies under the exception set forth in subsection 2 of section 1 of this act.

      Sec. 3. NRS 218H.960 is hereby amended to read as follows:

      218H.960  A person who is subject to any provision in NRS 218H.900 or 218H.930 or section 1 of this act and who violates or otherwise refuses or fails to comply with the provision is guilty of a misdemeanor.

      Sec. 4.  This act applies only to a person who is elected to office as a State Legislator for a term commencing on or after November 8, 2016, or a person who is appointed to serve the remainder of such an unexpired term.

      Sec. 5.  This act becomes effective on November 8, 2016.

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ê2015 Statutes of Nevada, Page 1013ê

 

CHAPTER 217, AB 287

Assembly Bill No. 287–Assemblymen Flores, O’Neill, Jones, Moore, Carrillo; Dickman, Dooling, Ellison, Fiore, Gardner, Joiner, Seaman, Silberkraus, Spiegel, Sprinkle, Trowbridge, Wheeler and Woodbury

 

Joint Sponsors: Senators Spearman; Denis and Kihuen

 

CHAPTER 217

 

[Approved: May 27, 2015]

 

AN ACT relating to crimes; prohibiting a person from making or causing to be made certain nonemergency telephone calls under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it a gross misdemeanor for a person to knowingly or willfully make or cause to be made any telephonic access to a system established to provide a telephone number to be used in an emergency if no actual or perceived emergency exists. (NRS 207.245) This bill similarly makes it a gross misdemeanor for a person to knowingly or willfully make or cause to be made a nonemergency telephone call to report an emergency on any nonemergency telephone line maintained by a governmental entity if no actual or perceived emergency exists. This bill also makes it a category E felony for a person to commit either offense if the person intended to initiate an emergency response and the emergency response initiated by that person results in the death or serious bodily injury of another. This bill further provides that a person who is convicted of a category E felony for such an offense is liable for any costs incurred by any governmental entity as a result of his or her conduct. Finally, this bill provides that if a defendant who is charged with a violation of the provisions of this bill suffers from a mental illness or is intellectually disabled, the court may, if appropriate, assign the defendant to a program for the treatment of mental illness or intellectual disabilities.

 

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 207.245 is hereby amended to read as follows:

      207.245  1.  [As used in this section, “system” means a system established to provide a telephone number to be used in an emergency.

      2.]  It is unlawful for any person knowingly or willfully to make or cause to be made [any] :

      (a) Any telephonic access to a system ; or

      (b) A nonemergency telephone call to report an emergency on any nonemergency telephone line maintained by a governmental entity,

Ê if no actual or perceived emergency exists.

      [3.  Any]

      2.  Except as otherwise provided in subsection 3, a person who violates any provision of this section is guilty of a gross misdemeanor.

      3.  A person who violates any provision of this section is guilty of a category E felony and shall be punished as provided in NRS 193.130 if:

 


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ê2015 Statutes of Nevada, Page 1014 (Chapter 217, AB 287)ê

 

      (a) The person intended to initiate an emergency response by law enforcement, firefighting, emergency medical care or public safety personnel when no actual emergency exists; and

      (b) The emergency response initiated by the person results in the death or serious bodily injury of another.

      4.  A person who is convicted of a category E felony pursuant to subsection 3 is liable for any costs incurred by any governmental entity as a result of his or her conduct.

      5.  If a defendant who is charged with a violation of this section suffers from a mental illness or is intellectually disabled, the court may, if appropriate, take any action authorized by law for the purpose of having the defendant assigned to a program established pursuant to NRS 176A.250.

      6.  As used in this section:

      (a) “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage, or any other situation which is likely to cause a governmental entity to provide services related to law enforcement, firefighting, emergency medical care or public safety.

      (b) “Governmental entity” means an institution, board, commission, bureau, council, department, division, authority or other unit of government of this State, including, without limitation, an agency of this State or of a political subdivision.

      (c) “System” means a system established to provide a telephone number to be used in an emergency.

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ê2015 Statutes of Nevada, Page 1015ê

 

CHAPTER 218, AB 379

Assembly Bill No. 379–Assemblyman Ohrenschall

 

CHAPTER 218

 

[Approved: May 27, 2015]

 

AN ACT relating to commercial tenancies; revising provisions relating to prohibitions on a landlord’s interference with a tenant’s use of commercial premises under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a landlord from interfering in certain matters with a tenant’s use of commercial premises. Existing law also requires a landlord or a landlord’s agent who has changed the door locks of a commercial tenant who is delinquent in paying rent to place a written notice for a period of not less than 5 business days on the front door of the premises which states information regarding how a tenant may obtain a new key. (NRS 118C.200) Section 13 of this bill eliminates this minimum posting period. Additionally, section 13 requires a landlord to provide a tenant with written notice of delinquency in paying rent and of the landlord’s intent to change the door locks by certified mail at least 3 days before changing the door locks of the tenant. Further, section 13 authorizes a tenant to terminate the lease if the landlord or the landlord’s agent violates the provisions of section 13.

 

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 1-12. (Deleted by amendment.)

      Sec. 13. NRS 118C.200 is hereby amended to read as follows:

      118C.200  1.  A landlord or a landlord’s agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from construction, bona fide repairs or an emergency.

      2.  A landlord may not remove:

      (a) A door, window or attic hatchway cover;

      (b) A lock, latch, hinge, hinge pin, doorknob or other mechanism connected to a door, window or attic hatchway cover; or

      (c) Furniture, fixtures or appliances furnished by the landlord,

Ê from commercial premises unless the landlord removes the item for a bona fide repair or replacement. If a landlord removes any of the items listed in this subsection for a bona fide repair or replacement, the repair or replacement must be promptly performed.

      3.  A landlord may not intentionally prevent a tenant from entering the commercial premises except by judicial process unless the exclusion results from:

      (a) Construction, bona fide repairs or an emergency;

      (b) Removing the contents of commercial premises abandoned by a tenant; or

      (c) Changing the door locks of a tenant who is delinquent in paying at least part of the rent [.] if landlord has provided the tenant with written notice of the delinquency and of the landlord’s intent to change the door locks by certified mail, return receipt requested, at least 3 days before changing the door locks.

 


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ê2015 Statutes of Nevada, Page 1016 (Chapter 218, AB 379)ê

 

notice of the delinquency and of the landlord’s intent to change the door locks by certified mail, return receipt requested, at least 3 days before changing the door locks.

      4.  If a landlord or a landlord’s agent changes the door lock of commercial premises leased to a tenant who is delinquent in paying rent, the landlord or agent must [, for a period of not less than 5 business days,] place a written notice on the front door of the commercial premises stating the name and the address or telephone number of the person or company from which the new key may be obtained. The new key is required to be provided only during the regular business hours of the tenant and only if the tenant pays the delinquent rent.

      5.  If a landlord or a landlord’s agent violates this section, the tenant may:

      (a) Recover possession of the commercial premises [;] or terminate the lease; and

      (b) Recover from the landlord an amount equal to the sum of the tenant’s actual damages, 1 month’s rent or $500, whichever is greater, reasonable attorney’s fees and court costs, less any delinquent rents or other sums for which the tenant is liable to the landlord.

      6.  A [rental agreement] lease supersedes this section to the extent of any conflict.

      Secs. 14-17. (Deleted by amendment.)

________

CHAPTER 219, AB 380

Assembly Bill No. 380–Assemblywoman Kirkpatrick

 

CHAPTER 219

 

[Approved: May 27, 2015]

 

AN ACT relating to taxation; enacting provisions relating to the imposition, collection and remittance of sales and use taxes by retailers located outside this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Commerce Clause of the United States Constitution prohibits a state from requiring a retailer to collect sales and use taxes unless the activities of the retailer have a substantial nexus with the taxing state. (Quill Corp. v. North Dakota, 504 U.S. 298 (1992)) Existing law requires every retailer whose activities create such a nexus with this State to impose, collect and remit the sales and use taxes imposed in this State. (NRS 372.724, 374.724) This bill provides that a retailer who engages in certain specified activities is required to collect and remit the sales and use taxes imposed in this State.

      Section 1 of this bill requires the Department of Taxation to submit a report to the Director of the Legislative Counsel Bureau concerning each finding, ruling or agreement by the Department or the Nevada Tax Commission which provides that the provisions of existing law requiring a retailer to impose, collect and remit sales and use taxes do not apply to the retailer even though the retailer or an affiliate owns or operates a warehouse, distribution center, fulfillment center or other similar facility in this State.

 


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ê2015 Statutes of Nevada, Page 1017 (Chapter 219, AB 380)ê

 

      Sections 2 and 5 of this bill enact provisions based on a Colorado law which creates a presumption that a retailer is required to impose, collect and remit sales and use taxes if the retailer is: (1) part of a controlled group of business entities that has a component member who has physical presence in this State; and (2) the component member with such physical presence engages in certain activities in this State that relate to the ability of the retailer to make retail sales to residents of this State. (Ch. 364, Colo. Session Laws 2014, at p. 1740) Under sections 2 and 5, a retailer may rebut this presumption by providing proof that the component member with physical presence in this State did not engage in any activity in this State that was significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services.

      Sections 3 and 6 of this bill enact a provision based on a New York law which creates a presumption that a retailer is required to impose, collect and remit sales and use taxes if: (1) the retailer enters into an agreement with a resident of this State under which the resident receives certain consideration for referring potential customers to the retailer through a link on the resident’s Internet website or otherwise; and (2) the cumulative gross receipts from sales by the retailer to customers in this State through all such referrals exceeds a certain amount during the preceding four quarterly periods. A retailer may rebut this presumption by providing proof that each resident with whom the retailer has an agreement did not engage in any activity that was significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services during the preceding four quarterly periods. In Overstock.com v. New York State Department of Taxation and Finance, 987 N.E.2d 621 (2013), the New York Court of Appeals held that the New York law is facially constitutional because, through these agreements with New York residents, a retailer may establish a sufficient nexus with the State of New York to satisfy the requirements of the United States Constitution.

 

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

      Not later than 30 days after the Department or the Nevada Tax Commission makes a finding or ruling, or enters into an agreement with a retailer providing, that the provisions of chapters 372 and 374 of NRS relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, do not apply to the retailer, despite the presence in this State of an office, distribution facility, warehouse or storage place or similar place of business which is owned or operated by the retailer or an affiliate of the retailer, whether the finding, ruling or agreement is written or oral and whether the finding, ruling or agreement is express or implied, the Department shall submit a report of the finding, ruling or agreement to the Director of the Legislative Counsel Bureau for transmittal to:

      1.  If the Legislature is in session, the Legislature; or

      2.  If the Legislature is not in session, the Legislative Commission.

      Sec. 1.5. Chapter 372 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a retailer if:

 


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ê2015 Statutes of Nevada, Page 1018 (Chapter 219, AB 380)ê

 

      (a) The retailer is part of a controlled group of corporations that has a component member, other than a common carrier acting in its capacity as such, that has physical presence in this State; and

      (b) The component member with physical presence in this State:

             (1) Sells a similar line of products or services as the retailer and does so under a business name that is the same or similar to that of the retailer;

             (2) Maintains an office, distribution facility, warehouse or storage place or similar place of business in this State to facilitate the delivery of tangible personal property sold by the retailer to the retailer’s customers;

             (3) Uses trademarks, service marks or trade names in this State that are the same or substantially similar to those used by the retailer;

             (4) Delivers, installs, assembles or performs maintenance services for the retailer’s customers within this State;

             (5) Facilitates the retailer’s delivery of tangible personal property to customers in this State by allowing the retailer’s customers to pick up tangible personal property sold by the retailer at an office, distribution facility, warehouse, storage place or similar place of business maintained by the component member in this State; or

             (6) Conducts any other activities in this State that are significantly associated with the retailer’s ability to establish and maintain a market in this State for the retailer’s products or services.

      2.  A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that, during the calendar year in question, the activities of the component member with physical presence in this State are not significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services.

      3.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in this State” in accordance with the provisions of this section.

      4.  As used in this section:

      (a) “Component member” has the meaning ascribed to it in section 1563(b) of the Internal Revenue Code, 26 U.S.C. § 1563(b), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

      (b) “Controlled group of corporations” has the meaning ascribed to it in section 1563(a) of the Internal Revenue Code, 26 U.S.C. § 1563(a), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

      Sec. 3. 1.  Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to:

      (a) The imposition, collection and remittance of the sales tax; and

      (b) The collection and remittance of the use tax,

Ê apply to every retailer who enters into an agreement with a resident of this State under which the resident, for a commission or other consideration based upon the sale of tangible personal property by the retailer, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the retailer, if the cumulative gross receipts from sales by the retailer to customers in this State who are referred to the retailer by all residents with this type of an agreement with the retailer is in excess of $10,000 during the preceding four quarterly periods ending on the last day of March, June, September and December.

 


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ê2015 Statutes of Nevada, Page 1019 (Chapter 219, AB 380)ê

 

retailer, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the retailer, if the cumulative gross receipts from sales by the retailer to customers in this State who are referred to the retailer by all residents with this type of an agreement with the retailer is in excess of $10,000 during the preceding four quarterly periods ending on the last day of March, June, September and December.

      2.  A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that each resident with whom the retailer has an agreement did not engage in any activity in this State that was significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services during the preceding four quarterly periods ending on the last day of March, June, September and December. Such proof may consist of the sworn written statements of each resident with whom the retailer has an agreement stating that the resident did not engage in any solicitation in this State on behalf of the retailer during the preceding four quarterly periods ending on the last day of March, June, September and December, if the statements were obtained from each resident and provided to the Department in good faith.

      3.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in this State” in accordance with the provisions of this section.

      Sec. 4. Chapter 374 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 and 6 of this act.

      Sec. 5. 1.  Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to a retailer if:

      (a) The retailer is part of a controlled group of corporations that has a component member, other than a common carrier acting in its capacity as such, that has physical presence in this State; and

      (b) The component member with physical presence in this State:

             (1) Sells a similar line of products or services as the retailer and does so under a business name that is the same or similar to that of the retailer;

             (2) Maintains an office, distribution facility, warehouse or storage place or similar place of business in this State to facilitate the delivery of tangible personal property sold by the retailer to the retailer’s customers;

             (3) Uses trademarks, service marks or trade names in this State that are the same or substantially similar to those used by the retailer;

             (4) Delivers, installs, assembles or performs maintenance services for the retailer’s customers within this State;

             (5) Facilitates the retailer’s delivery of tangible personal property to customers in this State by allowing the retailer’s customers to pick up tangible personal property sold by the retailer at an office, distribution facility, warehouse, storage place or similar place of business maintained by the component member in this State; or

             (6) Conducts any other activities in this State that are significantly associated with the retailer’s ability to establish and maintain a market in this State for the retailer’s products or services.

 


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ê2015 Statutes of Nevada, Page 1020 (Chapter 219, AB 380)ê

 

      2.  A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that, during the calendar year in question, the activities of the component member with physical presence in this State are not significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services.

      3.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in this State” in accordance with the provisions of this section.

      4.  As used in this section:

      (a) “Component member” has the meaning ascribed to it in section 1563(b) of the Internal Revenue Code, 26 U.S.C. § 1563(b), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

      (b) “Controlled group of corporations” has the meaning ascribed to it in section 1563(a) of the Internal Revenue Code, 26 U.S.C. § 1563(a), and includes any entity that, notwithstanding its form of organization, bears the same ownership relationship to the retailer as a corporation that would qualify as a component member of the same controlled group of corporations as the retailer.

      Sec. 6. 1.  Except as otherwise provided in this section, it is presumed that the provisions of this chapter relating to:

      (a) The imposition, collection and remittance of the sales tax; and

      (b) The collection and remittance of the use tax,

Ê apply to every retailer who enters into an agreement with a resident of this State under which the resident, for a commission or other consideration based upon the sale of tangible personal property by the retailer, directly or indirectly refers potential customers, whether by a link on an Internet website or otherwise, to the retailer, if the cumulative gross receipts from sales by the retailer to customers in this State who are referred to the retailer by all residents with this type of an agreement with the retailer is in excess of $10,000 during the preceding four quarterly periods ending on the last day of March, June, September and December.

      2.  A retailer may rebut the presumption set forth in subsection 1 by providing proof satisfactory to the Department that each resident with whom the retailer has an agreement did not engage in any activity in this State that was significantly associated with the retailer’s ability to establish or maintain a market in this State for the retailer’s products or services during the preceding four quarterly periods ending on the last day of March, June, September and December. Such proof may consist of the sworn written statements of each resident with whom the retailer has an agreement stating that the resident did not engage in any solicitation in this State on behalf of the retailer during the preceding four quarterly periods ending on the last day of March, June, September and December, if such statements were obtained from each resident and provided to the Department in good faith.

 

 


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ê2015 Statutes of Nevada, Page 1021 (Chapter 219, AB 380)ê

 

      3.  In administering the provisions of this chapter, the Department shall construe the terms “seller,” “retailer” and “retailer maintaining a place of business in this State” in accordance with the provisions of this section.

      Sec. 6.5.  Notwithstanding the provisions of section 7 of this act, in determining whether, pursuant to sections 3 and 6 of this act, a retailer has rebutted the presumption that the provisions of chapters 372 and 374 of NRS relating to the imposition, collection and remittance of the sales tax, and the collection and remittance of the use tax, apply to the retailer, any quarterly periods preceding October 1, 2015, may be considered.

      Sec. 7.  1.  This section and sections 1, 1.5, 2, 4 and 5 of this act become effective on July 1, 2015.

      2.  Sections 3, 6 and 6.5 of this act become effective on October 1, 2015.

________

CHAPTER 220, AB 383

Assembly Bill No. 383–Assemblymen Kirkpatrick and Paul Anderson

 

Joint Sponsor: Senator Hammond

 

CHAPTER 220

 

[Approved: May 27, 2015]

 

AN ACT relating to drivers’ licenses; authorizing reciprocal agreements with certain other countries concerning the licensing of drivers; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Department of Motor Vehicles to issue a Nevada driver’s license to an applicant who has a valid driver’s license from a state which has requirements for the issuance of drivers’ licenses which are comparable to those of this State. Existing law also authorizes the Director of the Department, acting as the Administrator, to enter into reciprocal agreements with the appropriate officials of other states concerning the licensing of drivers of motor vehicles. (NRS 483.245) Section 1 of this bill authorizes the Department to issue a Nevada driver’s license to an applicant who has a valid driver’s license from a country which has requirements for the issuance of drivers’ licenses which are comparable to those of this State, and authorizes the Director to enter into reciprocal agreements with the appropriate officials of other countries. Section 3 of this bill requires the Director, in recognition of the 30th anniversary of the sister-state relationship between this State and Taiwan, to begin negotiations as soon as practicable with the Director General of the Taipei Economic and Cultural Office in San Francisco for reciprocity in issuing drivers’ licenses to: (1) residents of this State who reside in Taiwan; and (2) Taiwanese citizens who reside in this State.

 


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ê2015 Statutes of Nevada, Page 1022 (Chapter 220, AB 383)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 483.245 is hereby amended to read as follows:

      483.245  1.  When a person becomes a resident of Nevada as defined in this chapter and chapter 482 of NRS, the person must, within 30 days, obtain a Nevada driver’s license as a prerequisite to driving any motor vehicle in the State of Nevada.

      2.  Where a person who applies for a license has a valid driver’s license from a state or country which has requirements for issuance of drivers’ licenses comparable to those of the State of Nevada, the Department may issue a Nevada license under the same terms and conditions applicable to a renewal of a license in this State.

      3.  In carrying out the provisions of this chapter, the Administrator is authorized to enter into reciprocal agreements with appropriate officials of other states or countries concerning the licensing of drivers of motor vehicles.

      Sec. 2. (Deleted by amendment.)

      Sec. 3.  The Director of the Department of Motor Vehicles, in recognition of the 30th anniversary of the sister-state relationship between this State and Taiwan, shall, as soon as practicable, begin negotiations pursuant to the authority granted in section 1 of this act toward a reciprocal agreement between the Department of Motor Vehicles and Taiwan, through the Ministry of Transportation and Communications represented by the Director General of the Taipei Economic and Cultural Office in San Francisco, California, for reciprocity in issuing drivers’ licenses to residents of this State who reside in Taiwan and to Taiwanese citizens who reside in this State. Any agreement negotiated pursuant to this section must be in writing and signed by the Director of the Department of Motor Vehicles and the Director General of the Taipei Economic and Cultural Office in San Francisco, California.

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

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ê2015 Statutes of Nevada, Page 1023ê

 

 

CHAPTER 221, AB 435

Assembly Bill No. 435–Committee on Judiciary

 

CHAPTER 221

 

[Approved: May 27, 2015]

 

AN ACT relating to district courts; providing for the realignment of certain judicial districts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for this State to be divided into 10 judicial districts. (NRS 3.010) The Nevada Constitution authorizes the Legislature, under certain circumstances, to: (1) alter the boundaries or divisions of those judicial districts; (2) increase or diminish the number of those judicial districts; and (3) increase or diminish the number of judges in those judicial districts. (Nev. Const. Art. 6, § 5)

      Section 2 of this bill: (1) increases the number of judicial districts in this State from 10 to 11 judicial districts; (2) removes Mineral County from the Fifth Judicial District; (3) removes Lander and Pershing Counties from the Sixth Judicial District; and (4) provides that Lander, Mineral and Pershing Counties constitute the Eleventh Judicial District. Section 1 of this bill provides that there must be one district judge for the Eleventh Judicial District, and section 3 of this bill decreases the number of district judges in the Sixth Judicial District from two to one.

      Section 3.5 of this bill provides that the Sixth and Eleventh Judicial District Courts have concurrent jurisdiction over all matters arising from or relating to the administration of the Humboldt River Decree. The venue for any case or proceeding arising from or relating to the administration of the Humboldt River Decree must be determined on an alternating basis between the Sixth and Eleventh Judicial District Courts.

      Section 4 of this bill clarifies that this bill does not abrogate or affect the current term of office of any district judge who is serving in that office on July 1, 2015. Section 4 also provides that on July 1, 2015: (1) the district judge who was serving in Department 1 of the Sixth Judicial District becomes the one district judge for the Eleventh Judicial District; (2) the district judge who was serving in Department 2 of the Sixth Judicial District continues serving as the district judge for the Sixth Judicial District; and (3) the district judges who were serving in Departments 1 and 2 of the Fifth Judicial District continue serving as the district judges for the Fifth Judicial District.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 3 of NRS is hereby amended by adding thereto a new section to read as follows:

      For the Eleventh Judicial District, there must be one district judge.

      Sec. 2. NRS 3.010 is hereby amended to read as follows:

      3.010  The State is hereby divided into [10] 11 judicial districts, as follows:

      First Judicial District.  Carson City and the County of Storey constitute the First Judicial District.

      Second Judicial District.  The County of Washoe constitutes the Second Judicial District.

 


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ê2015 Statutes of Nevada, Page 1024 (Chapter 221, AB 435)ê

 

      Third Judicial District.  The County of Lyon constitutes the Third Judicial District.

      Fourth Judicial District.  The County of Elko constitutes the Fourth Judicial District.

      Fifth Judicial District.  The Counties of [Mineral,] Esmeralda and Nye constitute the Fifth Judicial District.

      Sixth Judicial District.  The [Counties of Lander, Pershing and] County of Humboldt [constitute] constitutes the Sixth Judicial District.

      Seventh Judicial District.  The Counties of Eureka, White Pine and Lincoln constitute the Seventh Judicial District.

      Eighth Judicial District.  The County of Clark constitutes the Eighth Judicial District.

      Ninth Judicial District.  The County of Douglas constitutes the Ninth Judicial District.

      Tenth Judicial District.  The County of Churchill constitutes the Tenth Judicial District.

      Eleventh Judicial District.  The Counties of Lander, Mineral and Pershing constitute the Eleventh Judicial District.

      Sec. 3. NRS 3.016 is hereby amended to read as follows:

      3.016  For the Sixth Judicial District there must be [two] one district [judges.] judge.

      Sec. 3.5.  1.  The Sixth and Eleventh Judicial District Courts have concurrent jurisdiction over all matters arising from or relating to the administration of the Humboldt River Decree. The venue for any case or proceeding arising from or relating to the Humboldt River Decree must be determined on an alternating basis between the Sixth and Eleventh Judicial District Courts.

      2.  As used in subsection 1, “Humboldt River Decree” refers collectively to the two decrees entered by the Sixth Judicial District Court in 1930 and 1935 which adjudicated the rights to water from the Humboldt River and its tributaries.

      Sec. 4.  1.  The amendatory provisions of this act do not abrogate or affect the current term of office of any district judge who is serving in that office on July 1, 2015.

      2.  On July 1, 2015:

      (a) The district judge who was serving in Department 1 of the Sixth Judicial District before July 1, 2015, becomes the one district judge for the Eleventh Judicial District.

      (b) The district judge who was serving in Department 2 of the Sixth Judicial District before July 1, 2015, continues serving as the district judge for the Sixth Judicial District.

      (c) The district judges who were serving in Departments 1 and 2 of the Fifth Judicial District before July 1, 2015, continue serving as the district judges for the Fifth Judicial District.

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

________

 

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