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ê2015 Statutes of Nevada, Page 1025ê

 

CHAPTER 222, SB 13

Senate Bill No. 13–Committee on Education

 

CHAPTER 222

 

[Approved: May 27, 2015]

 

AN ACT relating to education; revising provisions relating to an individualized education program for a pupil with a hearing impairment; revising provisions governing parent representation of the educational interests of a pupil with a disability; revising provisions relating to the minimum standards prescribed by the State Board of Education for pupils with hearing impairments; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The federal Individuals with Disabilities Education Act governs how states and public agencies provide early intervention, special education and related services to pupils with disabilities. (20 U.S.C. § 1400 et seq.) The Act includes a requirement to develop an individualized education program for each pupil with a disability by an individualized education program team. (20 U.S.C. § 1414(d)) Section 1 of this bill revises the definition of a “pupil with a disability” to align with the definition of “child with a disability” in the Individuals with Disabilities Education Act. (20 U.S.C. § 1401(3)(A))

      Existing law authorizes a pupil with a disability who does not satisfy the requirements for a standard high school diploma to receive an adjusted diploma instead which evidences the graduation from high school if the pupil satisfies the requirements set forth in his or her individualized education program. (NRS 389.805) Existing law further provides that any right accorded to a parent of a pupil with a disability pursuant to the Individuals with Disabilities Act transfers to the pupil when the pupil attains the age of 18 years unless the school district or charter school approves an application of a parent to be appointed to represent the interests of the pupil. (NRS 388.492, 388.493) Existing law also provides that if such an application is granted, a parent represents the educational interests of the pupil until: (1) the pupil receives a standard high school diploma or an adjusted diploma; (2) the pupil is no longer enrolled in a program of special education; or (3) the parent elects to transfer the right to represent his or her own educational interests to the pupil. Section 3 of this bill removes the reference to an adjusted diploma so that a parent who represents the interests of a pupil with a disability will continue to do so until the pupil receives a standard diploma or is no longer enrolled in a program of special education.

      Existing law requires the State Board of Education to prescribe certain minimum standards for the special education of pupils with disabilities and for programs of instruction or special services maintained for the purpose of serving such pupils with disabilities and has specific requirements for pupils with hearing impairments. (NRS 388.520) Section 4 of this bill removes the specific requirements that the minimum standards prescribed for pupils with hearing impairments include certain provisions. Instead, section 4 requires those minimum standards to comply with federal law concerning persons with hearing impairments.

 

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 388.440 is hereby amended to read as follows:

      388.440  As used in NRS 388.440 to 388.5317, inclusive:

 


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      1.  “Communication mode” means any system or method of communication used by a person who is deaf or whose hearing is impaired to facilitate communication which may include, without limitation:

      (a) American Sign Language;

      (b) English-based manual or sign systems;

      (c) Oral and aural communication;

      (d) Spoken and written English, including speech reading or lip reading; and

      (e) Communication with assistive technology devices.

      2.  “Gifted and talented pupil” means a person under the age of 18 years who demonstrates such outstanding academic skills or aptitudes that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.

      3.  “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

      4.  “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).

      5.  “Pupil who receives early intervening services” means a person enrolled in kindergarten or grades 1 to 12, inclusive, who is not a pupil with a disability but who needs additional academic and behavioral support to succeed in a regular school program.

      6.  “Pupil with a disability” [means a person under the age of 22 years who deviates either educationally, physically, socially or emotionally so markedly from normal patterns that the person cannot progress effectively in a regular school program and therefore needs special instruction or special services.] means a “child with a disability,” as that term is defined in 20 U.S.C. § 1401(3)(A), who is under 22 years of age.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 388.493 is hereby amended to read as follows:

      388.493  1.  A parent of a pupil with a disability may, at least 90 days before the pupil attains 18 years of age, submit an application to the school district or the charter school in which the pupil is enrolled to appoint the parent to represent the educational interests of the pupil if:

      (a) The parent believes that the pupil does not have the ability to provide informed consent with respect to the pupil’s own educational program; and

      (b) The status of the pupil is such, as determined in accordance with the regulations adopted pursuant to subsection 5, that the parent is authorized to submit such an application.

      2.  The application must be submitted on a concise form prescribed by the Department. The application:

      (a) Must not be unduly burdensome on the parent to fill out; and

      (b) Must not require the pupil to sign the application or otherwise require the pupil to grant permission for the parent to represent the pupil’s educational interests.

      3.  If the school district or charter school grants an application, the parent shall continue to represent the educational interests of the pupil until:

      (a) The pupil receives a standard high school diploma ; [or an adjusted diploma;]

      (b) The pupil is no longer enrolled in a program of special education pursuant to NRS 388.440 to 388.5317, inclusive; or

      (c) The parent elects to transfer the right to represent educational interests to the pupil.

 


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ê2015 Statutes of Nevada, Page 1027 (Chapter 222, SB 13)ê

 

      4.  A parent or a pupil may appeal a determination made pursuant to this section in accordance with the procedure used by the Department for administrative complaints.

      5.  The State Board shall adopt regulations to carry out this section and NRS 388.492, including, without limitation, the establishment of criteria for determining whether the status of a pupil with a disability is such that his or her parent is authorized to submit an application to represent the educational interests of the pupil pursuant to this section.

      Sec. 4. NRS 388.520 is hereby amended to read as follows:

      388.520  1.  The Department shall:

      (a) Prescribe a form that contains the basic information necessary for the uniform development, review and revision of an individualized education program for a pupil with a disability in accordance with 20 U.S.C. § 1414(d); and

      (b) Make the form available on a computer disc for use by school districts and, upon request, in any other manner deemed reasonable by the Department.

      2.  Except as otherwise provided in this subsection, each school district shall ensure that the form prescribed by the Department is used for the development, review and revision of an individualized education program for each pupil with a disability who receives special education in the school district. A school district may use an expanded form that contains additions to the form prescribed by the Department if the basic information contained in the expanded form complies with the form prescribed by the Department.

      3.  The State Board:

      (a) Shall prescribe minimum standards for the special education of pupils with disabilities and gifted and talented pupils.

      (b) May prescribe minimum standards for the provision of early intervening services.

      4.  The minimum standards prescribed by the State Board must include standards for programs of instruction or special services maintained for the purpose of serving pupils with:

      (a) Hearing impairments, including, but not limited to, deafness.

      (b) Visual impairments, including, but not limited to, blindness.

      (c) Orthopedic impairments.

      (d) Speech and language impairments.

      (e) Intellectual disabilities.

      (f) Multiple impairments.

      (g) [Serious emotional] Emotional disturbances.

      (h) Other health impairments.

      (i) Specific learning disabilities.

      (j) Autism spectrum disorders.

      (k) Traumatic brain injuries.

      (l) Developmental delays.

      (m) Gifted and talented abilities.

      5.  The minimum standards prescribed by the State Board for pupils with hearing impairments, including, without limitation, deafness, pursuant to paragraph (a) of subsection 4 must [provide:

      (a) That a pupil cannot be denied the opportunity for instruction in a particular communication mode solely because the communication mode originally chosen for the pupil is different from a communication mode recommended by the pupil’s individualized education program team; and

 


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ê2015 Statutes of Nevada, Page 1028 (Chapter 222, SB 13)ê

 

      (b) That, to the extent feasible, as determined by the board of trustees of the school district, a school is required to provide instruction to those pupils in more than one communication mode.] comply with:

      (a) The Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., and the regulations adopted pursuant thereto;

      (b) The effective communication requirement of Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131 et seq., and the regulations adopted pursuant thereto; and

      (c) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and the regulations adopted pursuant thereto.

      6.  No apportionment of state money may be made to any school district or charter school for the instruction of pupils with disabilities and gifted and talented pupils until the program of instruction maintained therein for such pupils is approved by the Superintendent of Public Instruction as meeting the minimum standards prescribed by the State Board.

      7.  The Department shall, upon the request of the board of trustees of a school district, provide information to the board of trustees concerning the identification and evaluation of pupils with disabilities in accordance with the standards prescribed by the State Board.

      8.  The Department shall post on the Internet website maintained by the Department the data that is submitted to the United States Secretary of Education pursuant to 20 U.S.C. § 1418 within 30 days after submission of the data to the Secretary in a manner that does not result in the disclosure of data that is identifiable to an individual pupil.

      Sec. 5.  This act becomes effective on July 1, 2015.

________

CHAPTER 223, SB 35

Senate Bill No. 35–Committee on Health and Human Services

 

CHAPTER 223

 

[Approved: May 27, 2015]

 

AN ACT relating to mental health; ratifying and enacting the Interstate Compact on Mental Health; designating the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services as the Compact Administrator; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Interstate Compact on Mental Health is an interstate compact which addresses issues relating to the treatment of persons with mental illness or mental deficiencies that prevents such persons from caring for themselves in states that are members of the Compact. The Compact provides for the transfer of any patient to another state for treatment when factors based on clinical determinations indicate that the care and treatment of the patient would be facilitated or improved through such a transfer. The Compact requires a state that transfers a patient to another state to pay costs of transporting the patient unless the states between which the patient is transferred arrange for a different allocation of such costs. Additionally, the Compact authorizes a court in a state to which a patient is transferred to appoint a supplemental or substitute guardian for a patient in certain circumstances. Section 2 of this bill adopts the language used in 45 other states necessary to enter the Compact.

 


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ê2015 Statutes of Nevada, Page 1029 (Chapter 223, SB 35)ê

 

      The Compact requires each state that is a party to the Compact to appoint a Compact Administrator and authorizes the administrative authorities of any two or more party states to enter into supplementary agreements concerning services, facilities and institutional care and treatment of persons with mental illness or mental deficiencies. Section 3 of this bill appoints the Administrator of the Division of Public and Behavioral Health of the Department of Health and Human Services as the Compact Administrator. Section 3 requires the Compact Administrator to: (1) cooperate with all departments, agencies and officers of and within the government of this State to facilitate proper administration of the Compact; (2) enter into supplementary agreements with officials of other states pursuant to the Compact; and (3) adopt any regulations necessary or convenient to carry out the Compact.

      Section 4 of this bill provides that any provisions of Nevada law governing the same circumstances as the Compact apply insofar as they do not conflict with the Compact, but requires any conflict between the provisions of the Compact and provisions of Nevada law to be resolved in favor of the provisions of the Compact. Section 4 also provides that the Compact shall not be construed to abrogate certain rights of consumers of mental health services.

      Existing law authorizes the Administrator to enter into agreements for the return of nonresident consumers of mental health services to their state of residence under certain circumstances. (NRS 433.444) Section 5 of this bill requires such agreements to comply with the provisions of the Compact when applicable.

      Existing law prescribes the requirements for the return of certain indigent residents discharged as having recovered from mental illness to their county of residence within this State. (NRS 433A.400) Because the Compact provides that a patient may receive care or services in another state that is a party to the Compact while the patient is on convalescent status or conditional release, section 6 of this bill authorizes the delivery of such a person to a state that is a party to the Compact in the manner provided in the Compact.

      Existing law authorizes the Administrator to contract with the appropriate officials in another state for the reception, detention, care or treatment of a person with mental illness under certain circumstances. (NRS 433A.430) Because the Compact allows for the transfer of persons with mental illness to another state without a formal contract, section 7 of this bill authorizes the Administrator to transfer a person with mental illness to another state in the manner provided in the Compact.

      Existing law authorizes the return of any person involuntarily admitted by a court to any facility of the Division of Public and Behavioral Health or of the Division of Child and Family Services of the Department of Health and Human Services who is found by the court not to be a resident of this State and to be a resident of another state to his or her state of residence if an appropriate institution of that state is willing to accept the person. (NRS 433A.016, 433A.440) Section 8 of this bill requires a transfer that is subject to the Compact to be conducted in accordance with the Compact.

      Existing law requires the Administrator of the Division of Child and Family Services to comply with certain agreements made by the Administrator of the Division of Public and Behavioral Health concerning the return of nonresident consumers of mental health services to their state of residence. (NRS 433.444, 433B.140) Section 9 of this bill also requires the Administrator of the Division of Child and Family Services to comply with agreements made by the Administrator of the Division of Public and Behavioral Health pursuant to the Compact.

 


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ê2015 Statutes of Nevada, Page 1030 (Chapter 223, SB 35)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 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. The Interstate Compact on Mental Health is hereby ratified, enacted into law and entered into with all jurisdictions legally joining in the Compact, in substantially the form set forth in this section:

 

INTERSTATE COMPACT ON MENTAL HEALTH

 

The contracting states solemnly agree that:

 

ARTICLE I.

 

      The party states find that the proper and expeditious treatment of persons with mental illness and mental deficiencies can be facilitated by cooperative action, to the benefit of the patients, their families and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this Compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

 

ARTICLE II.

 

      As used in this Compact:

 

      (a) “Aftercare” means care, treatment and services provided to a patient on convalescent status or conditional release.

      (b) “Institution” means any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

      (c) “Mental deficiency” means mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself or herself and his or her affairs, but does not include mental illness as defined herein.

      (d) “Mental illness” means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.

      (e) “Patient” means any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment or supervision pursuant to the provisions of this Compact.

 


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ê2015 Statutes of Nevada, Page 1031 (Chapter 223, SB 35)ê

 

      (f) “Receiving state” means a party state to which a patient is transported pursuant to the provisions of the Compact or to which it is contemplated that a patient may be so sent.

      (g) “Sending state” means a party state from which a patient is transported pursuant to the provisions of the Compact or from which it is contemplated that a patient may be so sent.

      (h) “State” means any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

 

ARTICLE III.

 

      (a) Whenever a person physically present in any party state is in need of institutionalization by reason of mental illness or mental deficiency, he or she is eligible for care and treatment in an institution in that state irrespective of his or her residence, settlement or citizenship qualifications.

      (b) The provisions of paragraph (a) of this Article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof and such other factors as are considered appropriate.

      (c) No state is obliged to receive any patient pursuant to the provisions of paragraph (b) of this Article unless the sending state has given advance notice of its intention to send the patient, furnished all available medical and other pertinent records concerning the patient and given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish and the receiving state agrees to accept the patient.

      (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this Compact must receive the same priority as a local patient and must be taken in the same order and at the same time that he or she would be taken if he or she were a local patient.

      (e) Pursuant to this Compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

 

ARTICLE IV.

 

      (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it is determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation must be made with all reasonable speed.

 


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ê2015 Statutes of Nevada, Page 1032 (Chapter 223, SB 35)ê

 

request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation must be made with all reasonable speed. The request for investigation must be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient and such other documents as may be pertinent.

      (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.

      (c) In supervising, treating or caring for a patient on aftercare pursuant to the terms of this Article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

 

ARTICLE V.

 

      Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he or she must be detained in the state where found pending disposition in accordance with law.

 

ARTICLE VI.

 

      The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the patient, must be permitted to transport any patient being moved pursuant to this Compact through any and all states party to this Compact, without interference.

 

ARTICLE VII.

 

      (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state has the effect of making the person a patient of the institution in the receiving state.

      (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this Compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

      (c) No provision of this Compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs or responsibilities therefor.

 


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ê2015 Statutes of Nevada, Page 1033 (Chapter 223, SB 35)ê

 

      (d) Nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this Compact.

      (e) Nothing in this Compact shall be construed to invalidate any reciprocal agreement between a party state and a nonparty state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

 

ARTICLE VIII.

 

      (a) Except as otherwise provided in paragraph (b) of this Article, nothing in this Compact shall be construed to abridge, diminish or in any way impair the rights, duties and responsibilities of any patient’s guardian on his or her own behalf or in respect of any patient for whom he or she may serve.

      (b) Except as otherwise provided in paragraph (c) of this Article, where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall, upon being duly advised of the new appointment and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent is appropriate in the circumstances.

      (c) In the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state has the sole discretion to relieve a guardian appointed by it or continue his or her power and responsibility, whichever it deems advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

      (d) The term “guardian” as used in paragraphs (a), (b) and (c) of this Article includes any guardian, trustee, legal committee, conservator or other person or agency, however denominated, who is charged by law with power to act for or responsibility for the person or property of a patient.

 

ARTICLE IX.

 

      (a) No provision of this Compact except Article V applies to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

      (b) To every extent possible, it is the policy of states party to this Compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient must, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

 


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ê2015 Statutes of Nevada, Page 1034 (Chapter 223, SB 35)ê

 

ARTICLE X.

 

      (a) Each party state shall appoint a Compact Administrator who, on behalf of his or her state, shall act as general coordinator of activities under the Compact in his or her state and who shall receive copies of all reports, correspondence and other documents relating to any patient processed under the Compact by his or her state either in the capacity of sending or receiving state. The Compact Administrator or his or her duly designated representative is the official with whom other party states shall deal in any matter relating to the Compact or any patient processed thereunder.

      (b) The Compact Administrators of the respective party states have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this Compact.

 

ARTICLE XI.

 

      The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned find that such agreements will improve services, facilities or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this Compact.

 

ARTICLE XII.

 

      This Compact enters into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

 

ARTICLE XIII.

 

      (a) A state party to this Compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal takes effect 1 year after notice thereof has been communicated officially and in writing to the Governors and Compact Administrators of all other party states. However, the withdrawal of any state does not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the Compact.

      (b) Withdrawal from any agreement permitted by paragraph (b) of Article VII as to costs or from any supplementary agreement made pursuant to Article XI must be in accordance with the terms of such agreement.

 

ARTICLE XIV.

 

      This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact are severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance will not be affected thereby.

 


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ê2015 Statutes of Nevada, Page 1035 (Chapter 223, SB 35)ê

 

contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance will not be affected thereby. If this Compact is held contrary to the constitution of any state party thereto, the Compact remains in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

      Sec. 3. The Administrator shall serve as the Compact Administrator of the Interstate Compact on Mental Health. The Compact Administrator shall:

      1.  Cooperate with all departments, agencies and officers of and in the government of this State and its subdivisions in facilitating the proper administration of the Compact or of any supplementary agreement entered into by this State under the Compact.

      2.  Enter into supplementary agreements with appropriate officials of other states pursuant to the Compact. If a supplementary agreement requires or contemplates the use of any institution or facility of this State or the provision of any service by this State, the supplementary agreement has no force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.

      3.  Adopt any regulations necessary or convenient to carry out the Compact.

      Sec. 4. 1.  To the extent possible, the provisions of the Interstate Compact on Mental Health are intended to supplement other statutory provisions governing the treatment and transfer of persons with mental illness and persons with intellectual disabilities and the return of such persons to their place of residence must be given effect to the extent that those provisions do not conflict with the provisions of the Compact.

      2.  Except as provided in subsection 3, if there is a conflict between the provisions of the Compact and any other provisions of NRS, the provisions of the Compact prevail.

      3.  Nothing in the Compact shall be construed to restrict any rights of a consumer as provided in NRS 433.456 to 433.536, inclusive.

      Sec. 5. NRS 433.444 is hereby amended to read as follows:

      433.444  1.  For the purpose of facilitating the return of nonresident consumers to the state in which they have legal residence, the Administrator may enter into reciprocal agreements [, consistent with the provisions of chapters 433 to 433C, inclusive, of NRS,] with the proper boards, commissioners or officers of other states for the mutual exchange of consumers confined in, admitted or committed to a mental health facility in one state whose legal residence is in the other . [, and] Such reciprocal agreements must be consistent with the provisions of chapters 433 to 433C, inclusive, of NRS, including, if applicable, the Interstate Compact on Mental Health ratified and enacted in section 2 of this act.

      2.  The Administrator may give written permission for the return and admission to a division facility of any resident of this state when such permission is conformable to the provisions of chapters 433 to 433C, inclusive, of NRS governing admissions to a division facility [.

 


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      2.], including, if applicable, the Interstate Compact on Mental Health ratified and enacted in section 2 of this act.

      3.  The county clerk and board of county commissioners of each county, upon receiving notice from the Administrator that an application for the return of an alleged resident of this state has been received, shall promptly investigate and report to the Administrator their findings as to the legal residence of the consumer.

      Sec. 6. NRS 433A.400 is hereby amended to read as follows:

      433A.400  1.  An indigent resident of this state discharged as having recovered from his or her mental illness, but having a residual medical or surgical disability which prevents him or her from obtaining or holding remunerative employment, must be returned to the county of his or her last residence, except as otherwise provided pursuant to [subsection] subsections 2 [.] and 3. A nonresident indigent with such disabilities must be returned to the county from which he or she was involuntarily court-admitted, except as otherwise provided in [subsection] subsections 2 [.] and 3. The administrative officer of the mental health facility shall first give notice in writing, not less than 10 days before discharge, to the board of county commissioners of the county to which the person will be returned and to the person’s legal guardian.

      2.  Delivery of the indigent person must be made to an individual or agency authorized to provide further care. If the person has a legal guardian, the facility shall notify the guardian before discharging the person from the facility. The legal guardian has discretion to determine where the person will be released, taking into consideration any discharge plan proposed by the facility assessment team. If the legal guardian does not inform the facility as to where the person will be released within 3 days after the date of notification, the facility shall discharge the person according to its proposed discharge plan.

      3.  An indigent person may be delivered to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in section 2 of this act regardless of residency in the manner provided in the Compact.

      4.  This section does not authorize the release of any person held upon an order of a court or judge having criminal jurisdiction arising out of a criminal offense.

      Sec. 7. NRS 433A.430 is hereby amended to read as follows:

      433A.430  1.  Whenever the Administrator determines that division facilities within the State are inadequate for the care of any person with mental illness, the Administrator may designate two physicians, licensed under the provisions of chapter 630 or 633 of NRS, and familiar with the field of psychiatry, to examine that person. If the two physicians concur with the opinion of the Administrator, the Administrator may [contract] :

      (a) Transfer the person to a state that is a party to the Interstate Compact on Mental Health ratified and enacted in section 2 of this act in the manner provided in the Compact; or

      (b) Contract with appropriate corresponding authorities in any other state of the United States [having] that is not a party to the Compact and has adequate facilities for such purposes for the reception, detention, care or treatment of that person, but if the person in any manner objects to the transfer, the procedures in subsection 3 of NRS 433.484 and subsections 2 and 3 of NRS 433.534 must be followed.

 


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ê2015 Statutes of Nevada, Page 1037 (Chapter 223, SB 35)ê

 

and 3 of NRS 433.534 must be followed. The two physicians so designated are entitled to a reasonable fee for their services which must be paid by the county of the person’s last known residence.

      2.  Money to carry out the provisions of this section must be provided by direct legislative appropriation.

      Sec. 8. NRS 433A.440 is hereby amended to read as follows:

      433A.440  1.  If any person involuntarily court-admitted to any division facility pursuant to NRS 433A.310 is found by the court not to be a resident of this State and to be a resident of another state, the person may be transferred to the state of his or her residence pursuant to NRS 433.444 , and, if applicable, the Interstate Compact on Mental Health ratified and enacted in section 2 of this act, if an appropriate institution of that state is willing to accept the person.

      2.  The approval of the Administrator of the Division of Public and Behavioral Health of the Department must be obtained before any transfer is made pursuant to subsection 1.

      Sec. 9. NRS 433B.140 is hereby amended to read as follows:

      433B.140  The Administrator shall:

      1.  Comply with any agreements made by the Administrator of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 [;] and , if applicable, the Interstate Compact on Mental Health ratified and enacted in section 2 of this act; and

      2.  Accept for admission to a division facility any resident child of this State for whom written permission for return and admission to a division facility was given by the Administrator of the Division of Public and Behavioral Health of the Department pursuant to NRS 433.444 [.] and, if applicable, the Interstate Compact on Mental Health ratified and enacted in section 2 of this act.

      Sec. 10.  The Secretary of State of the State of Nevada shall transmit a duly certified copy of sections 2, 3 and 4 of this act to the governor of each state, and to the Attorney General and Secretary of State of the United States.

      Sec. 11.  This act becomes effective upon passage and approval.

________

CHAPTER 224, SB 48

Senate Bill No. 48–Committee on Health and Human Services

 

CHAPTER 224

 

[Approved: May 27, 2015]

 

AN ACT relating to public health; repealing provisions that provide for a statewide health information exchange system; authorizing the Director of the Department of Health and Human Services to establish or contract with a health information exchange to serve as the statewide health information exchange; providing for the certification of a health information exchange; providing for an administrative fine to be imposed for operating a health information exchange without obtaining a certification; and providing other matters properly relating thereto.

 


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ê2015 Statutes of Nevada, Page 1038 (Chapter 224, SB 48)ê

 

Legislative Counsel’s Digest:

      Under existing law, the Director of the Department of Health and Human Services is required to: (1) establish a statewide health information exchange system and a governing entity for the system; and (2) prescribe various regulations relating to the operation of health information exchanges and the use and transmission of electronic health records, health-related information and related data. (NRS 439.587) Sections 3-6, 8-10 and 12 of this bill eliminate the requirement that the Director establish a statewide health information exchange system, including the establishment of a governing entity for the system, and eliminate various provisions relating to a statewide health information exchange system. Although this bill eliminates a statewide system, the existing provisions governing health information exchanges remain. Section 2 of this bill revises the definition of “health information exchange” to mean a person who makes an electronic means of connecting disparate systems available for the secure transfer of certain health-related information between certain persons. Section 3 authorizes the Director to establish or contract with not more than one health information exchange to serve as the statewide health information exchange for certain purposes.

      Section 4 requires certification from the Director before a health information exchange may operate in this State and establishes provisions governing the certification of health information exchanges. Section 4 also provides for the imposition of an administrative fine for a health information exchange operating without a certification. Section 11 of this bill, however, gives a health information exchange that is already operating in this State until July 1, 2016, to comply with this requirement.

      Sections 5 and 7 of this bill revise provisions relating to health records to require the patient’s consent for the retrieval, rather than the transmission, of his or her health records.

 

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 439.581 is hereby amended to read as follows:

      439.581  As used in NRS 439.581 to 439.595, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.582 to [439.586,] 439.585, inclusive, have the meanings ascribed to them in those sections.

      Sec. 2. NRS 439.584 is hereby amended to read as follows:

      439.584  “Health information exchange” means [an organization that provides for the electronic movement of] a person who makes available an electronic means of connecting disparate electronic systems on which health-related information [across and among disparate organizations] is shared which:

      1.  Is made commercially available to health care providers and other covered entities by a covered entity or the business associate of a covered entity, as those terms are defined in 45 C.F.R. § 160.103; and

      2.  Allows the secure transfer of clinical information concerning the health of a patient according to nationally recognized standards [.] to any health care provider who provides services to the patient that elects to exchange health information in such a manner.

      Sec. 3. NRS 439.587 is hereby amended to read as follows:

      439.587  1.  The Director is the state authority for health information technology. The Director shall:

 


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ê2015 Statutes of Nevada, Page 1039 (Chapter 224, SB 48)ê

 

      (a) [Establish a statewide health information exchange system, including, without limitation, establishing or contracting with a governing entity for the system pursuant to NRS 439.588, and ensuring the system complies] Ensure that a health information exchange complies with the specifications and protocols for exchanging electronic health records, health-related information and related data prescribed pursuant to the provisions of the Health Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C. §§ 300jj et seq. and 17901 et seq., and other applicable federal and state law;

      (b) Encourage the use of [the statewide] a health information exchange [system] by health care providers, payers and patients;

      (c) Prescribe by regulation standards for the electronic transmittal of electronic health records, prescriptions, health-related information, electronic signatures and requirements for electronic equivalents of written entries or written approvals in accordance with federal law;

      (d) Prescribe by regulation rules governing the ownership, management and use of electronic health records, health-related information and related data [in the statewide] retained or shared by a health information exchange ; [system;] and

      (e) Prescribe by regulation, in consultation with the State Board of Pharmacy, standards for the electronic transmission of prior authorizations for prescription medication using a health information exchange.

      2.  The Director may establish or contract with not more than one health information exchange to serve as the statewide health information exchange to be responsible for compiling statewide master indexes of patients, health care providers and payers. The Director may by regulation prescribe the requirements for a statewide health information exchange, including, without limitation, the procedure by which any patient, health care provider or payer master index created pursuant to any contract is transferred to the State upon termination of the contract.

      3.  The Director may enter into contracts, apply for and accept available gifts, grants and donations, and adopt such regulations as are necessary to carry out the provisions of NRS 439.581 to 439.595, inclusive.

      Sec. 4. NRS 439.588 is hereby amended to read as follows:

      439.588  1.  [The Director shall establish or contract with not more than one nonprofit entity to govern the statewide health information exchange system. The Director shall by regulation prescribe the requirements for that governing entity.

      2.  The governing entity established or contracted with pursuant to this section:

      (a) Must comply with all federal and state laws governing such entities and health information exchanges.

      (b) Must have a governing body which complies with all relevant requirements of federal law and which consists of representatives of health care providers, insurers, patients, employers and others who represent interests related to electronic health records and health information exchanges.

      (c) Shall oversee and govern the exchange of electronic health records and health-related information within the statewide health information exchange system.

 


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ê2015 Statutes of Nevada, Page 1040 (Chapter 224, SB 48)ê

 

      (d) May, with the approval of the Director, hire or contract with a public or private entity to administer the statewide health information exchange system.

      (e) May enter into contracts with any health information exchange which is certified by the Director pursuant to subsection 4 to participate in the statewide health information exchange system. The governing entity shall not enter into a contract with a health information exchange that is not certified.

      (f)Is accountable to the Director, in his or her capacity as the state authority for health information technology, for carrying out the provisions of a contract entered into pursuant to this section.

      (g)May apply for and accept available gifts, grants and donations for the support of the governing entity and the statewide health information exchange system.

      3.  The governing body of the governing entity shall hold public meetings at such times as required by the Director. Such meetings must be conducted in accordance with the provisions of chapter 241 of NRS.

      4.]  A health information exchange shall not operate in this State without first obtaining certification as provided in subsection 2.

      2. The Director shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information exchange demonstrate its financial and operational sustainability [.] , adherence to the privacy, security and patient consent standards adopted pursuant to NRS 439.589 and capacity for interoperability with any other health information exchange certified pursuant to this section.

      3.  The Director may deny an application for certification or may suspend or revoke any certification issued pursuant to subsection 2 for failure to comply with the provisions of NRS 439.581 to 439.595, inclusive, or the regulations adopted pursuant thereto or any applicable federal or state law.

      4.  When the Director intends to deny, suspend or revoke a certification, he or she shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. A health information exchange that wishes to contest the action of the Director must file an appeal with the Director.

      5.  The Director shall adopt regulations establishing the manner in which a person may file a complaint with the Director regarding a violation of the provisions of this section.

      6.  The Director may impose an administrative fine against a health information exchange which operates in this State without holding a certification in an amount established by the Director by regulation. The Director shall afford a health information exchange so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.

      7.  The Director may adopt such regulations as he or she determines are necessary to carry out the provisions of this section.

      Sec. 5. NRS 439.589 is hereby amended to read as follows:

      439.589  1.  The Director shall by regulation prescribe standards:

      (a) To ensure that electronic health records [and the statewide] retained or shared by any health information exchange [system] are secure;

 


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ê2015 Statutes of Nevada, Page 1041 (Chapter 224, SB 48)ê

 

      (b) To maintain the confidentiality of electronic health records and health-related information, including, without limitation, standards to maintain the confidentiality of electronic health records relating to a child who has received health care services without the consent of a parent or guardian and which ensure that a child’s right to access such health care services is not impaired;

      (c) To ensure the privacy of individually identifiable health information, including, without limitation, standards to ensure the privacy of information relating to a child who has received health care services without the consent of a parent or guardian;

      (d) For obtaining consent from a patient before [transmitting] retrieving the patient’s health records [to the] from a health information exchange , [system,] including, without limitation, standards for obtaining such consent from a child who has received health care services without the consent of a parent or guardian;

      (e) For making any necessary corrections to information or records [included in the statewide] retained or shared by a health information exchange ; [system;] and

      (f) For notifying a patient if the confidentiality of information contained in an electronic health record of the patient is breached.

      2.  The standards prescribed pursuant to this section must include, without limitation:

      (a) [Training requirements for persons who work with electronic health records or the statewide health information exchange system;

      (b)] Requirements for the creation, maintenance and transmittal of electronic health records;

      [(c)](b) Requirements for protecting confidentiality, including control over, access to and the collection, organization and maintenance of electronic health records, health-related information and individually identifiable health information;

      [(d)](c) Requirements for the manner in which [the statewide health information exchange system will remove or exclude health records or any portion thereof upon the request of a person about whom the record pertains and the requirements for a person to make such a request;

      (e)]a patient may, through a health care provider who participates in the sharing of health records using a health information exchange, revoke his or her consent for a health care provider to retrieve the patient’s health records from the health information exchange;

      (d) A secure and traceable electronic audit system for identifying access points and trails to electronic health records and health information exchanges; and

      [(f)](e) Any other requirements necessary to comply with all applicable federal laws relating to electronic health records, health-related information, health information exchanges and the security and confidentiality of such records and exchanges.

      Sec. 6. NRS 439.590 is hereby amended to read as follows:

      439.590  1.  [A health care provider, insurer or other payer that elects to participate in the statewide health information exchange system must agree to comply with all requirements prescribed by the Director and imposed by the governing entity established or contracted with pursuant to NRS 439.588.

 


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ê2015 Statutes of Nevada, Page 1042 (Chapter 224, SB 48)ê

 

      2.  A health care provider may not be required to participate in the statewide health information exchange system and may not be subject to any disciplinary action for electing not to participate in the system.

      3.  The Director may prohibit a person from participating in the statewide health information exchange system if the person does not comply with the provisions of NRS 439.581 to 439.595, inclusive, or the requirements prescribed by the Director and imposed by the governing entity established or contracted with pursuant to NRS 439.588.

      4.]  Except as otherwise authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, a person shall not use, release or publish:

      (a) Individually identifiable health information from an electronic health record or [the statewide] a health information exchange [system] for a purpose unrelated to the treatment, care, well-being or billing of the person who is the subject of the information; or

      (b) Any information contained in an electronic health record or [the statewide] retained by or retrieved from a health information exchange [system] for a marketing purpose.

      [5.]2.  Individually identifiable health information obtained from an electronic health record or [the statewide] a health information exchange [system] concerning health care services received by a child without the consent of a parent or guardian of the child must not be disclosed to the parent or guardian of the child without the consent of the child which is obtained in the manner established pursuant to NRS 439.589.

      [6.]3.  A person who accesses an electronic health record [, the statewide health information exchange system] or a health information exchange without authority to do so is guilty of a misdemeanor and liable for any damages to any person that result from the unauthorized access.

      [7.]4.  The Director shall adopt regulations establishing the manner in which a person may file a complaint with the Director regarding a violation of the provisions of this section. The Director shall also post on the Internet website of the Department and publish in any other manner the Director deems necessary and appropriate information concerning the manner in which to file a complaint with the Director and the manner in which to file a complaint of a violation of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

      Sec. 7. NRS 439.591 is hereby amended to read as follows:

      439.591  1.  Except as otherwise provided in subsection 2 of NRS 439.538, a patient must not be required to participate in a health information exchange. Before a patient’s health care records may be [transmitted electronically or included in] retrieved from a health information exchange, the patient must be fully informed and consent, in the manner prescribed by the Director . [, to the transmittal or inclusion.]

      2.  A patient must be notified in the manner prescribed by the Director of any breach of the confidentiality of electronic health records of the patient or a health information exchange.

      3.  A patient who consents to the [inclusion] retrieval of his or her electronic health record [in] from a health information exchange may at any time request that a health care provider access [to] and provide the patient with his or her electronic health record in accordance with the provisions of 45 C.F.R. § 164.526.

 


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ê2015 Statutes of Nevada, Page 1043 (Chapter 224, SB 48)ê

 

      Sec. 8. NRS 439.592 is hereby amended to read as follows:

      439.592  1.  Except as otherwise prohibited by federal law:

      (a) If a statute or regulation requires that a health care record, prescription, medical directive or other health-related document be in writing, or that such a record, prescription, directive or document be signed, an electronic health record, an electronic signature or the transmittal or retrieval of health information in accordance with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto shall be deemed to comply with the requirements of the statute or regulation.

      (b) If a statute or regulation requires that a health care record or information contained in a health care record be kept confidential, maintaining , [or] transmitting or retrieving that information in an electronic health record or [the statewide] by a health information exchange [system] in accordance with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto concerning the confidentiality of records shall be deemed to comply with the requirements of the statute or regulation.

      2.  As used in this section, “health care record” has the meaning ascribed to it in NRS 629.021.

      Sec. 9. NRS 439.593 is hereby amended to read as follows:

      439.593  A health care provider who with reasonable care relies upon an apparently genuine electronic health record accessed [through the statewide] from a health information exchange [system] to make a decision concerning the provision of health care to a patient is immune from civil or criminal liability for the decision if:

      1.  The electronic health record is inaccurate;

      2.  The inaccuracy was not caused by the health care provider;

      3.  The inaccuracy resulted in an inappropriate health care decision; and

      4.  The health care decision was appropriate based upon the information contained in the inaccurate electronic health record.

      Sec. 10. NRS 449.925 is hereby amended to read as follows:

      449.925  1.  A person who wishes to register an advance directive must submit to the Secretary of State:

      (a) An application in the form prescribed by the Secretary of State;

      (b) A copy of the advance directive; and

      (c) The fee, if any, established by the Secretary of State pursuant to NRS 449.955.

      2.  If the person satisfies the requirements of subsection 1, the Secretary of State shall:

      (a) Make an electronic reproduction of the advance directive and post it to the Registry and, if the person consents pursuant to NRS 439.591, [the statewide] a health information exchange [system] established pursuant to NRS 439.581 to 439.595, inclusive [;] , if that health information exchange is connected to the Registry;

      (b) Assign a registration number and password to the registrant; and

      (c) Provide the registrant with a registration card that includes, without limitation, the name, registration number and password of the registrant.

      3.  The Secretary of State shall establish procedures for:

      (a) The registration of an advance directive that replaces an advance directive that is posted on the Registry;

 


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ê2015 Statutes of Nevada, Page 1044 (Chapter 224, SB 48)ê

 

      (b) The removal from the Registry of an advance directive that has been revoked following the revocation of the advance directive or the death of the registrant; and

      (c) The issuance of a duplicate registration card or the provision of other access to the registrant’s registration number and password if a registration card issued pursuant to this section is lost, stolen, destroyed or otherwise unavailable.

      Sec. 11.  A health information exchange that is in operation in this State before January 1, 2016, is exempt from the provisions of NRS 439.588, as amended by section 4 of this act, until July 1, 2016.

      Sec. 12. NRS 439.586 and 439.594 are hereby repealed.

      Sec. 13.  This act becomes effective upon passage and approval for purposes of adopting regulations and on January 1, 2016, for all other purposes.

________

CHAPTER 225, SB 62

Senate Bill No. 62–Committee on Legislative Operations and Elections

 

CHAPTER 225

 

[Approved: May 27, 2015]

 

AN ACT relating to the State Personnel System; requiring the Personnel Commission to adopt certain regulations governing the employment, promotion, dismissal, demotion or suspension of state employees; authorizing the Commission to adopt certain regulations relating to state employees with disabilities and applicants for positions affecting public safety; making various other changes relating to the State Personnel System; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill makes various changes relating to the State Personnel System. Existing law provides that certain promotional appointees who fail to attain permanent status in the position to which they were promoted, or who are dismissed for cause other than misconduct or delinquency, must be restored to the positions from which the appointees were promoted. (NRS 284.300) Section 1 of this bill requires the Personnel Commission to adopt regulations requiring that a promotional appointee who fails to attain permanent status in the promoted position must be: (1) restored to the position from which he or she was appointed unless doing so would displace another employee with greater seniority; (2) placed in a comparable position for which a vacancy exists; or (3) if no such positions exist, appointed to an equal or lower position for which a vacancy exists or placed on an appropriate reemployment list.

      Existing law authorizes the Commission to adopt regulations which provide for filling, under certain circumstances, positions in the classified service of the State without competition. (NRS 284.305) Section 2 of this bill authorizes the Commission to adopt regulations that provide for filling positions in the classified service without competition by the appointment of current employees with disabilities to certain positions.

 

 


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ê2015 Statutes of Nevada, Page 1045 (Chapter 225, SB 62)ê

 

      Existing law requires an appointing authority to make continued efforts to retain an employee with a disability in state service by making reasonable accommodations. Existing law also requires an appointing authority to consider separation from service or disability retirement if an employee with a disability can no longer perform the essential functions of his or her position with or without reasonable accommodations. (NRS 284.379) Section 3 of this bill requires an appointing authority to also consider whether an employee with a disability can be appointed to a position at or below the grade level of the employee’s current position before considering separation from service or disability retirement.

      If a classified employee is dismissed, involuntarily demoted or suspended, existing law requires the appointing authority to give the employee written notice of that fact, delivered personally or mailed to the employee. (NRS 284.385) Section 4 of this bill eliminates the requirement for delivery in person or by mail and requires the Commission to adopt regulations setting forth the procedures for properly notifying a classified employee of dismissal, involuntary demotion or suspension.

      Existing law provides, with limited exception, that an employee who consumes or is under the influence of alcohol, a controlled substance or certain other drugs is subject to disciplinary action or required to be referred to an employee assistance program. (NRS 284.4062, 284.4063) Sections 5 and 6 of this bill authorize the Commission to adopt regulations setting forth the circumstances under which a person who holds a valid registry identification card to engage in the medical use of marijuana is subject to disciplinary action or required to be referred to an employee assistance program.

      Existing law authorizes, under certain circumstances, an appointing authority to ask an employee who admits to consuming a controlled substance for the name of the person who prescribed the use of the controlled substance. (NRS 284.4064) Section 7 of this bill authorizes an appointing authority to ask an employee who admits to consuming marijuana for proof that the employee holds a valid registry identification card to engage in the medical use of marijuana.

      Existing law sets forth limited circumstances under which an appointing authority may request an employee to submit to a screening test for alcohol or drugs. (NRS 284.4065) Section 8 of this bill adds an additional circumstance to authorize an appointing authority to request that an employee submit to a screening test if the employee has or is involved in a work-related accident or injury. Section 8 also requires the Commission to define by regulation “work-related accident or injury.”

      Existing law requires an appointing authority to screen an applicant for alcohol and drugs before hiring the applicant for any position of employment that affects public safety. (NRS 284.4066) Section 9 of this bill authorizes the Commission to adopt regulations relating to applicants for such positions whose screening test indicates the presence of marijuana and who hold valid registry identification cards to engage in the medical use of marijuana.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.300 is hereby amended to read as follows:

      284.300  1.  [Any] The Commission shall adopt regulations requiring that a promotional appointee who fails to attain permanent status in the position to which the appointee was promoted, or who is dismissed for cause other than misconduct or delinquency on the appointee’s part from the position to which the appointee was promoted, either during the probationary period or at the conclusion thereof by reason of the failure of the appointing authority to file a request for the appointee’s continuance in the position, [shall] must be [restored] :

 


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ê2015 Statutes of Nevada, Page 1046 (Chapter 225, SB 62)ê

 

      (a) Restored to the position from which the appointee was promoted [.] unless the position has been filled by an employee with greater seniority;

      (b) Placed in a position other than the position from which the appointee was promoted and for which a vacancy exists in the class held immediately before the promotion; or

      (c) If no position described in paragraph (a) or (b) exists:

             (1) Appointed to a position for which a vacancy exists in a class equal to or lower than the class held immediately before the promotion; or

             (2) Placed on an appropriate reemployment list.

      2.  Nothing contained in this section shall be construed to prevent any employee of the classified service from competing for places upon lists of persons eligible for original appointments.

      Sec. 2. NRS 284.305 is hereby amended to read as follows:

      284.305  1.  Except as otherwise provided in subsection 2, positions in the classified service may be filled without competition only as provided in NRS 284.155, 284.300, 284.307, 284.309, 284.310, 284.315, 284.320, 284.325, 284.327, 284.330, 284.375 and 284.3775.

      2.  The Commission may adopt regulations which provide for filling positions in the classified service without competition in cases involving:

      (a) The appointment, upon approval of the appointing authority, of a current employee with a disability to a position at or below the grade of his or her position if the employee:

             (1) Has successfully completed a probationary period for any class he or she has held during continuous classified service; and

             (2) Becomes unable to perform the essential functions of his or her position with or without reasonable accommodation;

      (b) The demotion of a current employee;

      [(b)](c) The reemployment of a current or former employee who was or will be adversely affected by layoff, military service, reclassification or a permanent partial disability arising out of and in the course of the employment of the current or former employee; or

      [(c)](d) The reappointment of a current employee.

      Sec. 3. NRS 284.379 is hereby amended to read as follows:

      284.379  In the employment of a person with a disability in the state service, continued efforts must be made to retain the person by making reasonable accommodations that enable the person to perform the essential functions of [the] his or her current position and to enjoy the benefits and privileges of the [person’s] position. An appointing authority shall consider separation or disability retirement if [an] :

      1.  An employee can no longer perform the essential functions of the position with or without reasonable accommodations [.] ; and

      2.  Without undue hardship, as that term is defined pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., the employee cannot be appointed to a position for which a vacancy exists and for which the employee is qualified at or below the grade of the employee’s current position.

      Sec. 4. NRS 284.385 is hereby amended to read as follows:

      284.385  1.  An appointing authority may:

      (a) Dismiss or demote any permanent classified employee when the appointing authority considers that the good of the public service will be served thereby.

 


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      (b) Except as otherwise provided in NRS 284.148, suspend without pay, for disciplinary purposes, a permanent employee for a period not to exceed 30 days.

      2.  Before a permanent classified employee is dismissed, involuntarily demoted or suspended, the appointing authority must consult with the Attorney General or, if the employee is employed by the Nevada System of Higher Education, the appointing authority’s general counsel, regarding the proposed discipline. After such consultation, the appointing authority may take such lawful action regarding the proposed discipline as it deems necessary under the circumstances.

      3.  A dismissal, involuntary demotion or suspension does not become effective until the employee is notified in writing of the dismissal, involuntary demotion or suspension and the reasons therefor. The [notice may be delivered personally to the employee or mailed to the employee at the employee’s last known address by registered or certified mail, return receipt requested. If the notice is mailed, the effective date of the dismissal, involuntary demotion or suspension shall be deemed to be the date of delivery or if the letter is returned to the sender, 3 days after mailing.] Commission shall adopt regulations setting forth the procedures for properly notifying the employee of the dismissal, involuntary demotion or suspension and the reasons therefor.

      4.  No employee in the classified service may be dismissed for religious or racial reasons.

      Sec. 5. NRS 284.4062 is hereby amended to read as follows:

      284.4062  1.  Except as otherwise provided in [subsection 3,] subsections 3 and 4, an employee who:

      (a) Consumes or is under the influence of alcohol while on duty, unless the alcohol is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription;

      (b) Possesses, consumes or is under the influence of a controlled substance while on duty, at a work site or on state property, except in accordance with a lawfully issued prescription; or

      (c) Consumes or is under the influence of any other drug which could interfere with the safe and efficient performance of the employee’s duties, unless the drug is an integral part of a commonly recognized medication which the employee consumes pursuant to the manufacturer’s instructions or in accordance with a lawfully issued prescription,

Ê is subject to disciplinary action. An appointing authority may summarily discharge an employee who, within a period of 5 years, commits a second act which would subject the employee to disciplinary action pursuant to this subsection.

      2.  [A] Except as otherwise provided in subsection 3, a state agency shall refer an employee who:

      (a) Tests positive for the first time in a screening test; and

      (b) Has committed no other acts for which the employee is subject to termination during the course of conduct giving rise to the screening test,

Ê to an employee assistance program. An employee who fails to accept such a referral or fails to complete such a program successfully is subject to further disciplinary action.

      3.  The Commission may adopt regulations setting forth the circumstances under which a person who holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS is subject to disciplinary action pursuant to subsection 1 or must be referred to an employee assistance program pursuant to subsection 2.

 


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identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS is subject to disciplinary action pursuant to subsection 1 or must be referred to an employee assistance program pursuant to subsection 2.

      4.  Subsection 1 does not apply to:

      (a) An employee who consumes alcohol in the course of the employment of the employee while hosting or attending a special event.

      (b) A peace officer who possesses a controlled substance or consumes alcohol within the scope of the peace officer’s duties.

      Sec. 6. NRS 284.4063 is hereby amended to read as follows:

      284.4063  1.  Except as otherwise provided in subsection 2 and subsection 5 of NRS 284.4065, an employee who:

      [1.](a) Fails to notify the employee’s supervisor as soon as possible after consuming any drug which could interfere with the safe and efficient performance of the employee’s duties;

      [2.](b) Fails or refuses to submit to a screening test as requested by a state agency pursuant to subsection 1 or 2 of NRS 284.4065; or

      [3.](c) After taking a screening test which indicates the presence of a controlled substance, fails to provide proof, within 72 hours after being requested by the employee’s appointing authority, that the employee had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the employee’s name,

Ê is subject to disciplinary action.

      2.  The Commission may adopt regulations setting forth the circumstances under which a person who holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS is subject to disciplinary action pursuant to this section.

      Sec. 7. NRS 284.4064 is hereby amended to read as follows:

      284.4064  1.  If an employee informs the employee’s appointing authority that the employee has consumed any drug which could interfere with the safe and efficient performance of the employee’s duties, the appointing authority may require the employee to obtain clearance from the employee’s physician before the employee continues to work.

      2.  If an appointing authority reasonably believes, based upon objective facts, that an employee’s ability to perform the employee’s duties safely and efficiently:

      (a) May be impaired by the consumption of alcohol or other drugs, it may ask the employee whether the employee has consumed any alcohol or other drugs and, if so:

             (1) The amount and types of alcohol or other drugs consumed and the time of consumption; [and]

             (2) If a controlled substance other than marijuana was consumed, the name of the person who prescribed its use [.] ; and

             (3) If marijuana was consumed, to provide proof that the employee holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS.

      (b) Is impaired by the consumption of alcohol or other drugs, it shall prevent the employee from continuing work and transport the employee or cause the employee to be transported safely away from the employee’s place of employment in accordance with regulations adopted by the Commission.

 


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      Sec. 8. NRS 284.4065 is hereby amended to read as follows:

      284.4065  1.  Except as otherwise provided in subsection 2, an appointing authority may request an employee to submit to a screening test only if the appointing authority:

      (a) Reasonably believes, based upon objective facts, that the employee is under the influence of alcohol or drugs which are impairing the employee’s ability to perform the employee’s duties safely and efficiently;

      (b) Informs the employee of the specific facts supporting its belief pursuant to paragraph (a), and prepares a written record of those facts; and

      (c) Informs the employee in writing:

             (1) Of whether the test will be for alcohol or drugs, or both;

             (2) That the results of the test are not admissible in any criminal proceeding against the employee; and

             (3) That the employee may refuse the test, but that the employee’s refusal may result in the employee’s dismissal or in other disciplinary action being taken against the employee.

      2.  An appointing authority may request an employee to submit to a screening test if the employee:

      (a) Is a law enforcement officer and, during the performance of the employee’s duties, the employee discharges a firearm, other than by accident; [or]

      (b) During the performance of the employee’s duties, drives a motor vehicle in such a manner as to cause bodily injury to the employee or another person or substantial damage to property [.] ; or

      (c) Has or is involved in a work-related accident or injury.

Ê For the purposes of this subsection, the Commission shall, by regulation, define the [term] terms “substantial damage to [property.”] property” and “work-related accident or injury.”

      3.  An appointing authority may place an employee who submits to a screening test on administrative leave with pay until the appointing authority receives the results of the test.

      4.  An appointing authority shall:

      (a) Within a reasonable time after an employee submits to a screening test to detect the general presence of a controlled substance or any other drug, allow the employee to obtain at the employee’s expense an independent test of the employee’s urine or blood from a laboratory of the employee’s choice which is certified by the United States Department of Health and Human Services.

      (b) Within a reasonable time after an employee submits to a screening test to detect the general presence of alcohol, allow the employee to obtain at the employee’s expense an independent test of the employee’s blood from a laboratory of the employee’s choice.

      (c) Provide the employee with the written results of the employee’s screening test within 3 working days after it receives those results.

      5.  An employee is not subject to disciplinary action for testing positive in a screening test or refusing to submit to a screening test if the appointing authority fails to comply with the provisions of this section.

      6.  An appointing authority shall not use a screening test to harass an employee.

      Sec. 9. NRS 284.4066 is hereby amended to read as follows:

      284.4066  1.  Each appointing authority shall, subject to the approval of the Commission, determine whether each of its positions of employment affects the public safety.

 


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affects the public safety. The appointing authority shall not hire an applicant for such a position unless the applicant submits to a screening test to detect the general presence of a controlled substance. Notice of the provisions of this section must be given to each applicant for such a position at or before the time of application.

      2.  An appointing authority [may] shall consider the results of a screening test in determining whether to employ an applicant. If those results indicate the presence of a controlled substance [,] other than marijuana, the appointing authority shall not hire the applicant unless the applicant provides, within 72 hours after being requested , [by the appointing authority,] proof that the applicant had taken the controlled substance as directed pursuant to a current and lawful prescription issued in the applicant’s name.

      3.  An appointing authority shall, at the request of an applicant, provide the applicant with the results of the applicant’s screening test.

      4.  If the results of a screening test indicate the presence of a controlled substance, the appointing authority shall:

      (a) Provide the Administrator with the results of the applicant’s screening test.

      (b) If applicable, inform the Administrator whether the applicant holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS.

      5.  The Commission may adopt regulations relating to an applicant for a position which affects the public safety who tests positive for marijuana and holds a valid registry identification card to engage in the medical use of marijuana pursuant to chapter 453A of NRS.

      Sec. 10. NRS 284.4068 is hereby amended to read as follows:

      284.4068  Except as otherwise provided in NRS 239.0115 [,] and 284.4066, the results of a screening test taken pursuant to NRS 284.4061 to 284.407, inclusive, are confidential and:

      1.  Are not admissible in a criminal proceeding against the person tested;

      2.  Must be securely maintained by the Division, the appointing authority , [or] the designated representative of the appointing authority and any other person authorized to receive the results separately from other files concerning personnel; and

      3.  Must not be disclosed to any person, except:

      (a) Upon the written consent of the person tested;

      (b) As required by medical personnel for the diagnosis or treatment of the person tested, if the person is physically unable to give the person’s consent to the disclosure;

      (c) As required pursuant to a properly issued subpoena;

      (d) When relevant in a formal dispute between the appointing authority and the person tested; [or]

      (e) As required for the administration of a plan of benefits for employees [.] ; or

      (f) As may be authorized pursuant to regulations adopted by the Commission.

      Sec. 11.  1.  This section becomes effective upon passage and approval.

 


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      2.  Sections 2, 3, 5, 6, 7, 9 and 10 of this act become effective on July 1, 2015.

      3.  Sections 1, 4 and 8 of this act become effective:

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

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

________

CHAPTER 226, SB 70

Senate Bill No. 70–Committee on Government Affairs

 

CHAPTER 226

 

[Approved: May 27, 2015]

 

AN ACT relating to public bodies; making various changes relating to meetings of public bodies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Open Meeting Law only applies to meetings of a quorum of the members of certain public bodies. (NRS 241.016) “Quorum” is defined in existing law as “a simple majority of the constituent membership of a public body or another proportion established by law.” Section 2 of this bill deletes the extraneous word “constituent” from this definition, thereby clarifying that a quorum consists of a simple majority of the members of the public body unless a different number is prescribed in law.

      The Open Meeting Law specifies a certain number of working days by which a public body is mandated to comply with certain requirements with respect to its meetings, such as providing notice of its meetings and making available minutes or audio recordings of its meetings. (NRS 241.020, 241.033-241.035) Section 2 defines “working day” for purposes of these requirements as every day of the week except Saturday, Sunday and legal holidays prescribed in existing law. Therefore, if an agency has a 4-day workweek and is closed on Fridays, for example, Friday would nevertheless count as a working day for that agency for purposes of the requirements of the Open Meeting Law unless a particular Friday is a legal holiday.

      Under existing law, any provision of law which provides that a meeting, hearing or other proceeding is not subject to the Open Meeting Law or otherwise authorizes or requires a closed meeting, hearing or proceeding prevails over the general provisions of the Open Meeting Law. (NRS 241.016) Section 3 of this bill lists examples of other such provisions of law that prevail over the general provisions of the Open Meeting Law.

      Under existing law, if a public body will consider whether to take administrative action against a person during a public meeting, the agenda for the meeting is required to include the name of the person against whom the public body may take administrative action. (NRS 241.020) Section 4 of this bill broadens this requirement for agendas to apply to other types of administrative action that a public body may take that are not adverse to a person, such as, for example, appointment of the person to a position.

      The Open Meeting Law sets forth the minimum public notice required for meetings of public bodies subject to the Open Meeting Law. (NRS 241.020) Section 4 of this bill requires such a public body to document in writing its compliance with the requirement for minimum public notice to post a copy of the public notice at required locations for each of its meetings.

 


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      Under the Open Meeting Law, a member of a public body is prohibited from designating a person to attend a meeting of the public body in the place of the member unless the designation is expressly authorized by the legal authority pursuant to which the public body was created. (NRS 241.025) Section 5 of this bill extends this prohibition to the public body itself, thereby prohibiting a public body from designating a person to attend a meeting of the public body in the place of a member of the public body without specific legal authority.

      Under the Open Meeting Law, a public body is required to keep written minutes of each of its meetings. (NRS 241.035) Section 6 of this bill requires a public body to approve the minutes of a meeting of the public body within 45 days after the meeting or at the next meeting of the public body, whichever occurs later, unless good cause is shown.

      With certain exceptions, the Attorney General is required under existing law to investigate and prosecute violations of the Open Meeting Law. (NRS 241.039) Section 7 of this bill authorizes the filing of a complaint alleging a violation of the Open Meeting Law with the Office of the Attorney General. Section 7 also makes all documents and other information compiled as a result of an investigation of a violation of the Open Meeting Law confidential until the investigation is closed except: (1) the complaint; (2) findings of fact and conclusions of law made by the Attorney General relating to the complaint; and (3) any document or information compiled as a result of the investigation that may be requested for inspection or copying from a governmental entity other than the Office of the Attorney General.

 

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 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 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.

 


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ê2015 Statutes of Nevada, Page 1053 (Chapter 226, SB 70)ê

 

378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 598.0964, 598A.110, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

 


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ê2015 Statutes of Nevada, Page 1054 (Chapter 226, SB 70)ê

 

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. 2. NRS 241.015 is hereby amended to read as follows:

      241.015  As used in this chapter, unless the context otherwise requires:

      1.  “Action” means:

      (a) A decision made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;

      (b) A commitment or promise made by a majority of the members present, whether in person or by means of electronic communication, during a meeting of a public body;

      (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present, whether in person or by means of electronic communication, during a meeting of the public body; or

      (d) If all the members of a public body must be elected officials, an affirmative vote taken by a majority of all the members of the public body.

      2.  “Deliberate” means collectively to examine, weigh and reflect upon the reasons for or against the action. The term includes, without limitation, the collective discussion or exchange of facts preliminary to the ultimate decision.

      3.  “Meeting”:

      (a) Except as otherwise provided in paragraph (b), means:

             (1) The gathering of members of a public body at which a quorum is present, whether in person or by means of electronic communication, to deliberate toward a decision or to take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

             (2) Any series of gatherings of members of a public body at which:

                   (I) Less than a quorum is present, whether in person or by means of electronic communication, at any individual gathering;

                   (II) The members of the public body attending one or more of the gatherings collectively constitute a quorum; and

                   (III) The series of gatherings was held with the specific intent to avoid the provisions of this chapter.

      (b) Does not include a gathering or series of gatherings of members of a public body, as described in paragraph (a), at which a quorum is actually or collectively present, whether in person or by means of electronic communication:

             (1) Which occurs at a social function if the members do not deliberate toward a decision or take action on any matter over which the public body has supervision, control, jurisdiction or advisory power.

 


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ê2015 Statutes of Nevada, Page 1055 (Chapter 226, SB 70)ê

 

             (2) To receive information from the attorney employed or retained by the public body regarding potential or existing litigation involving a matter over which the public body has supervision, control, jurisdiction or advisory power and to deliberate toward a decision on the matter, or both.

      4.  Except as otherwise provided in NRS 241.016, “public body” means:

      (a) Any administrative, advisory, executive or legislative body of the State or a local government consisting of at least two persons which expends or disburses or is supported in whole or in part by tax revenue or which advises or makes recommendations to any entity which expends or disburses or is supported in whole or in part by tax revenue, including, but not limited to, any board, commission, committee, subcommittee or other subsidiary thereof and includes an educational foundation as defined in subsection 3 of NRS 388.750 and a university foundation as defined in subsection 3 of NRS 396.405, if the administrative, advisory, executive or legislative body is created by:

             (1) The Constitution of this State;

             (2) Any statute of this State;

             (3) A city charter and any city ordinance which has been filed or recorded as required by the applicable law;

             (4) The Nevada Administrative Code;

             (5) A resolution or other formal designation by such a body created by a statute of this State or an ordinance of a local government;

             (6) An executive order issued by the Governor; or

             (7) A resolution or an action by the governing body of a political subdivision of this State;

      (b) Any board, commission or committee consisting of at least two persons appointed by:

             (1) The Governor or a public officer who is under the direction of the Governor, if the board, commission or committee has at least two members who are not employees of the Executive Department of the State Government;

             (2) An entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee otherwise meets the definition of a public body pursuant to this subsection; or

             (3) A public officer who is under the direction of an agency or other entity in the Executive Department of the State Government consisting of members appointed by the Governor, if the board, commission or committee has at least two members who are not employed by the public officer or entity; and

      (c) A limited-purpose association that is created for a rural agricultural residential common-interest community as defined in subsection 6 of NRS 116.1201.

      5.  “Quorum” means a simple majority of the [constituent] membership of a public body or another proportion established by law.

      6.  “Working day” means every day of the week except Saturday, Sunday and any day declared to be a legal holiday pursuant to NRS 236.015.

      Sec. 3. NRS 241.016 is hereby amended to read as follows:

      241.016  1.  The meetings of a public body that are quasi-judicial in nature are subject to the provisions of this chapter.

      2.  The following are exempt from the requirements of this chapter:

 


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      (a) The Legislature of the State of Nevada.

      (b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.

      (c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.

      3.  Any provision of law , including, without limitation, NRS 91.270, 239C.140, 281A.350, 281A.440, 281A.550, 284.3629, 286.150, 287.0415, 288.220, 289.387, 295.121, 360.247, 385.555, 386.585, 392.147, 392.467, 392.656, 392A.105, 394.1699, 396.3295, 433.534, 435.610, 463.110, 622.320, 622.340, 630.311, 630.336, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, which:

      (a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter; or

      (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,

Ê prevails over the general provisions of this chapter.

      4.  The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.

      Sec. 4. NRS 241.020 is hereby amended to read as follows:

      241.020  1.  Except as otherwise provided by specific statute, all meetings of public bodies must be open and public, and all persons must be permitted to attend any meeting of these public bodies. A meeting that is closed pursuant to a specific statute may only be closed to the extent specified in the statute allowing the meeting to be closed. All other portions of the meeting must be open and public, and the public body must comply with all other provisions of this chapter to the extent not specifically precluded by the specific statute. Public officers and employees responsible for these meetings shall make reasonable efforts to assist and accommodate persons with physical disabilities desiring to attend.

      2.  Except in an emergency, written notice of all meetings must be given at least 3 working days before the meeting. The notice must include:

      (a) The time, place and location of the meeting.

      (b) A list of the locations where the notice has been posted.

      (c) The name and contact information for the person designated by the public body from whom a member of the public may request the supporting material for the meeting described in subsection [5] 6 and a list of the locations where the supporting material is available to the public.

      (d) An agenda consisting of:

             (1) A clear and complete statement of the topics scheduled to be considered during the meeting.

             (2) A list describing the items on which action may be taken and clearly denoting that action may be taken on those items by placing the term “for possible action” next to the appropriate item or, if the item is placed on the agenda pursuant to NRS 241.0365, by placing the term “for possible corrective action” next to the appropriate item.

 


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             (3) Periods devoted to comments by the general public, if any, and discussion of those comments. Comments by the general public must be taken:

                   (I) At the beginning of the meeting before any items on which action may be taken are heard by the public body and again before the adjournment of the meeting; or

                   (II) After each item on the agenda on which action may be taken is discussed by the public body, but before the public body takes action on the item.

Ê The provisions of this subparagraph do not prohibit a public body from taking comments by the general public in addition to what is required pursuant to sub-subparagraph (I) or (II). Regardless of whether a public body takes comments from the general public pursuant to sub-subparagraph (I) or (II), the public body must allow the general public to comment on any matter that is not specifically included on the agenda as an action item at some time before adjournment of the meeting. No action may be taken upon a matter raised during a period devoted to comments by the general public until the matter itself has been specifically included on an agenda as an item upon which action may be taken pursuant to subparagraph (2).

             (4) If any portion of the meeting will be closed to consider the character, alleged misconduct or professional competence of a person, the name of the person whose character, alleged misconduct or professional competence will be considered.

             (5) If, during any portion of the meeting, the public body will consider whether to take administrative action [against] regarding a person, the name of [the] that person . [against whom administrative action may be taken.]

             (6) Notification that:

                   (I) Items on the agenda may be taken out of order;

                   (II) The public body may combine two or more agenda items for consideration; and

                   (III) The public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time.

             (7) Any restrictions on comments by the general public. Any such restrictions must be reasonable and may restrict the time, place and manner of the comments, but may not restrict comments based upon viewpoint.

      3.  Minimum public notice is:

      (a) Posting a copy of the notice at the principal office of the public body or, if there is no principal office, at the building in which the meeting is to be held, and at not less than three other separate, prominent places within the jurisdiction of the public body not later than 9 a.m. of the third working day before the meeting;

      (b) Posting the notice on the official website of the State pursuant to NRS 232.2175 not later than 9 a.m. of the third working day before the meeting is to be held, unless the public body is unable to do so because of technical problems relating to the operation or maintenance of the official website of the State; and

      (c) Providing a copy of the notice to any person who has requested notice of the meetings of the public body. A request for notice lapses 6 months after it is made. The public body shall inform the requester of this fact by enclosure with, notation upon or text included within the first notice sent. The notice must be:

 


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             (1) Delivered to the postal service used by the public body not later than 9 a.m. of the third working day before the meeting for transmittal to the requester by regular mail; or

             (2) If feasible for the public body and the requester has agreed to receive the public notice by electronic mail, transmitted to the requester by electronic mail sent not later than 9 a.m. of the third working day before the meeting.

      4.  For each of its meetings, a public body shall document in writing that the public body complied with the minimum public notice required by paragraph (a) of subsection 3. The documentation must be prepared by every person who posted a copy of the public notice and include, without limitation:

      (a) The date and time when the person posted the copy of the public notice;

      (b) The address of the location where the person posted the copy of the public notice; and

      (c) The name, title and signature of the person who posted the copy of the notice.

      5.  If a public body maintains a website on the Internet or its successor, the public body shall post notice of each of its meetings on its website unless the public body is unable to do so because of technical problems relating to the operation or maintenance of its website. Notice posted pursuant to this subsection is supplemental to and is not a substitute for the minimum public notice required pursuant to subsection 3. The inability of a public body to post notice of a meeting pursuant to this subsection as a result of technical problems with its website shall not be deemed to be a violation of the provisions of this chapter.

      [5.]6.  Upon any request, a public body shall provide, at no charge, at least one copy of:

      (a) An agenda for a public meeting;

      (b) A proposed ordinance or regulation which will be discussed at the public meeting; and

      (c) Subject to the provisions of subsection [6 or 7,] 7 or 8, as applicable, any other supporting material provided to the members of the public body for an item on the agenda, except materials:

             (1) Submitted to the public body pursuant to a nondisclosure or confidentiality agreement which relates to proprietary information;

             (2) Pertaining to the closed portion of such a meeting of the public body; or

             (3) Declared confidential by law, unless otherwise agreed to by each person whose interest is being protected under the order of confidentiality.

Ê The public body shall make at least one copy of the documents described in paragraphs (a), (b) and (c) available to the public at the meeting to which the documents pertain. As used in this subsection, “proprietary information” has the meaning ascribed to it in NRS 332.025.

      [6.]7.  A copy of supporting material required to be provided upon request pursuant to paragraph (c) of subsection [5] 6 must be:

      (a) If the supporting material is provided to the members of the public body before the meeting, made available to the requester at the time the material is provided to the members of the public body; or

 


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      (b) If the supporting material is provided to the members of the public body at the meeting, made available at the meeting to the requester at the same time the material is provided to the members of the public body.

Ê If the requester has agreed to receive the information and material set forth in subsection [5] 6 by electronic mail, the public body shall, if feasible, provide the information and material by electronic mail.

      [7.]8.  The governing body of a county or city whose population is 45,000 or more shall post the supporting material described in paragraph (c) of subsection [5] 6 to its website not later than the time the material is provided to the members of the governing body or, if the supporting material is provided to the members of the governing body at a meeting, not later than 24 hours after the conclusion of the meeting. Such posting is supplemental to the right of the public to request the supporting material pursuant to subsection [5.] 6. The inability of the governing body, as a result of technical problems with its website, to post supporting material pursuant to this subsection shall not be deemed to be a violation of the provisions of this chapter.

      [8.]9.  A public body may provide the public notice, information or supporting material required by this section by electronic mail. Except as otherwise provided in this subsection, if a public body makes such notice, information or supporting material available by electronic mail, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept receipt by electronic mail. If a public body is required to post the public notice, information or supporting material on its website pursuant to this section, the public body shall inquire of a person who requests the notice, information or supporting material if the person will accept by electronic mail a link to the posting on the website when the documents are made available. The inability of a public body, as a result of technical problems with its electronic mail system, to provide a public notice, information or supporting material or a link to a website required by this section to a person who has agreed to receive such notice, information, supporting material or link by electronic mail shall not be deemed to be a violation of the provisions of this chapter.

      [9.]10.  As used in this section, “emergency” means an unforeseen circumstance which requires immediate action and includes, but is not limited to:

      (a) Disasters caused by fire, flood, earthquake or other natural causes; or

      (b) Any impairment of the health and safety of the public.

      Sec. 5. NRS 241.025 is hereby amended to read as follows:

      241.025  1.  [A member of a public body may not designate a person to attend a meeting of the public body in the place of the member unless such] Unless the designation is expressly authorized by the legal authority pursuant to which [the] a public body was created [.] :

      (a) The public body may not designate a person to attend a meeting of the public body in the place of a member of the public body; and

      (b) A member of the public body may not designate a person to attend a meeting of the public body in his or her place.

      2.  Any [such] authorized designation must be made in writing or made on the record at a meeting of the public body.

      [2.] 3.  A person who is designated [pursuant to subsection 1:] to attend a meeting of a public body in the place of a member of the public body:

 


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      (a) Shall be deemed to be a member of the public body for the purposes of determining a quorum at the meeting; and

      (b) Is entitled to exercise the same powers as the regular members of the public body at the meeting.

      Sec. 6. NRS 241.035 is hereby amended to read as follows:

      241.035  1.  Each public body shall keep written minutes of each of its meetings, including:

      (a) The date, time and place of the meeting.

      (b) Those members of the public body who were present, whether in person or by means of electronic communication, and those who were absent.

      (c) The substance of all matters proposed, discussed or decided and, at the request of any member, a record of each member’s vote on any matter decided by vote.

      (d) The substance of remarks made by any member of the general public who addresses the public body if the member of the general public requests that the minutes reflect those remarks or, if the member of the general public has prepared written remarks, a copy of the prepared remarks if the member of the general public submits a copy for inclusion.

      (e) Any other information which any member of the public body requests to be included or reflected in the minutes.

Ê Unless good cause is shown, a public body shall approve the minutes of a meeting within 45 days after the meeting or at the next meeting of the public body, whichever occurs later.

      2.  Minutes of public meetings are public records. Minutes or [audiotape recordings] an audio recording of [the meetings] a meeting made in accordance with subsection 4 must be made available for inspection by the public [, and a] within 30 working days after adjournment of the meeting. A copy of the minutes or audio [recordings] recording must be made available to a member of the public upon request at no charge . [, within 30 working days after the adjournment of the meeting at which taken.] The minutes shall be deemed to have permanent value and must be retained by the public body for at least 5 years. Thereafter, the minutes may be transferred for archival preservation in accordance with NRS 239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to:

      (a) Paragraph (a) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality and the person whose character, conduct, competence or health was considered has consented to their disclosure. That person is entitled to a copy of the minutes upon request whether or not they become public records.

      (b) Paragraph (b) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters discussed no longer require confidentiality.

      (c) Paragraph (c) of subsection 1 of NRS 241.030 become public records when the public body determines that the matters considered no longer require confidentiality and the person who appealed the results of the examination has consented to their disclosure, except that the public body shall remove from the minutes any references to the real name of the person who appealed the results of the examination. That person is entitled to a copy of the minutes upon request whether or not they become public records.

 


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      3.  All or part of any meeting of a public body may be recorded on audiotape or any other means of sound or video reproduction by a member of the general public if it is a public meeting so long as this in no way interferes with the conduct of the meeting.

      4.  Except as otherwise provided in subsection 7, a public body shall, for each of its meetings, whether public or closed, record the meeting on audiotape or another means of sound reproduction or cause the meeting to be transcribed by a court reporter who is certified pursuant to chapter 656 of NRS. If a public body makes an audio recording of a meeting or causes a meeting to be transcribed pursuant to this subsection, the audio recording or transcript:

      (a) Must be retained by the public body for at least 1 year after the adjournment of the meeting at which it was recorded or transcribed;

      (b) Except as otherwise provided in this section, is a public record and must be made available for inspection by the public during the time the recording or transcript is retained; and

      (c) Must be made available to the Attorney General upon request.

      5.  The requirement set forth in subsection 2 that a public body make available a copy of the minutes or audio recording of a meeting to a member of the public upon request at no charge does not:

      (a) Prohibit a court reporter who is certified pursuant to chapter 656 of NRS from charging a fee to the public body for any services relating to the transcription of a meeting; or

      (b) Require a court reporter who transcribes a meeting to provide a copy of any transcript, minutes or audio recording of the meeting prepared by the court reporter to a member of the public at no charge.

      6.  Except as otherwise provided in subsection 7, any portion of a public meeting which is closed must also be recorded or transcribed and the recording or transcript must be retained and made available for inspection pursuant to the provisions of subsection 2 relating to records of closed meetings. Any recording or transcript made pursuant to this subsection must be made available to the Attorney General upon request.

      7.  If a public body makes a good faith effort to comply with the provisions of subsections 4 and 6 but is prevented from doing so because of factors beyond the public body’s reasonable control, including, without limitation, a power outage, a mechanical failure or other unforeseen event, such failure does not constitute a violation of the provisions of this chapter.

      Sec. 7. NRS 241.039 is hereby amended to read as follows:

      241.039  1.  A complaint that alleges a violation of this chapter may be filed with the Office of the Attorney General.

      2.  Except as otherwise provided in NRS 241.0365, the Attorney General shall investigate and prosecute any violation of this chapter.

      [2.] 3.  Except as otherwise provided in subsection 6 and NRS 239.0115, all documents and other information compiled as a result of an investigation conducted pursuant to subsection 2 are confidential until the investigation is closed.

      4.  In any investigation conducted pursuant to subsection [1,] 2, the Attorney General may issue subpoenas for the production of any relevant documents, records or materials.

      [3.] 5.  A person who willfully fails or refuses to comply with a subpoena issued pursuant to this section is guilty of a misdemeanor.

      6.  The following are public records:

 


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      (a) A complaint filed pursuant to subsection 1.

      (b) Every finding of fact or conclusion of law made by the Attorney General relating to a complaint filed pursuant to subsection 1.

      (c) Any document or information compiled as a result of an investigation conducted pursuant to subsection 2 that may be requested pursuant to NRS 239.0107 from a governmental entity other than the Office of the Attorney General.

      Sec. 8.  This act becomes effective upon passage and approval.

________

CHAPTER 227, SB 74

Senate Bill No. 74–Committee on Revenue and Economic Development

 

CHAPTER 227

 

[Approved: May 27, 2015]

 

AN ACT relating to taxation; revising provisions governing the partial abatement of taxes for new or expanding businesses; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person who intends to locate or expand a business in Nevada may apply to the Office of Economic Development for a partial abatement of one or more of the taxes imposed on the new or expanded business. (NRS 360.750, 361.0687, 363B.120, 374.357) Sections 1, 3 and 4 of this bill amend provisions governing this partial abatement to: (1) require an applicant to offer primary jobs to be eligible for the partial abatement; (2) require an applicant to provide an estimate of the total number of new employees which the applicant anticipates hiring in this State by the eighth calendar quarter following the effective date of the abatement, if the Office approves the application for the partial abatement; (3) require the agreement between the Office and the applicant to state the effective date of the abatement, as agreed to by the Office and the applicant, and to state that the applicant will offer primary jobs; (4) require that an applicant meet certain employment requirements by the eighth calendar quarter, rather than the fourth calendar quarter, following the calendar quarter in which the abatement becomes effective; (5) provide that only wages paid to new employees in this State are considered when determining whether an applicant satisfies the requirement that the average hourly wage paid to employees in this State exceeds the required amount; (6) limit the amount of the partial abatement when the average hourly wage paid by the business to its new employees will be less than a designated percentage of the average state or county hourly wage; and (7) prohibit the Office from approving certain partial abatements when the average hourly wage paid by the business to its new employees will be less than a designated percentage of the average state or county hourly wage.

      Sections 2 and 5-8 of this bill make conforming changes to the provisions of existing law governing other partial abatements from certain taxes to provide that the agreements for these partial abatements state an effective date for the abatement, as agreed to by the Office and the applicant.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 360.750 is hereby amended to read as follows:

      360.750  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of one or more of the taxes imposed on the new or expanded business pursuant to chapter 361, 363B or 374 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business offers primary jobs and is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which must:

            (1) Comply with the requirements of NRS 360.755;

             (2) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (3) State that the business will, after the date on which the abatement becomes effective, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; [and

             (3)]

             (4) State that the business will offer primary jobs; and

             (5) Bind the successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:

             (1) The business will have 50 or more full-time employees on the payroll of the business by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $1,000,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

 


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             (3) The average hourly wage that will be paid by the new business to its new employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will, by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective, provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office . [by regulation pursuant to subsection 8.]

      (e) Except as otherwise provided in NRS 361.0687, if the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) Establishing the business will require the business to make, not later than the date which is 2 years after the date on which the abatement becomes effective, a capital investment of at least $250,000 in this State in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (3) The average hourly wage that will be paid by the new business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will, by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective, provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] health care benefits the business provides to its employees in this State will meet the minimum requirements for health care benefits established by the Office . [by regulation pursuant to subsection 8.]

      (f) If the business is an existing business, the business meets at least two of the following requirements:

             (1) For a business in:

                   (I) A county whose population is 100,000 or more or a city whose population is 60,000 or more, the business will, by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by twenty-five employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; or

 


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effective or by twenty-five employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; or

                   (II) A county whose population is less than 100,000 or a city whose population is less than 60,000, the business will, by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective, increase the number of employees on its payroll in that county or city by 10 percent more than it employed in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective or by six employees, whichever is greater, who will be employed at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective.

             (2) The business will expand by making a capital investment in this State, not later than the date which is 2 years after the date on which the abatement becomes effective, in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the fiscal year immediately preceding the fiscal year in which the abatement becomes effective, and the capital investment will be in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) Department, if the business is centrally assessed.

             (3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will, by the [fourth] eighth calendar quarter following the calendar quarter in which the abatement becomes effective, provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] health care benefits the business provides to its new employees in this State will meet the minimum requirements for health care benefits established by the Office . [by regulation pursuant to subsection 8.]

      (g) The applicant has provided in the application an estimate of the total number of new employees which the business anticipates hiring in this State by the eighth calendar quarter following the calendar quarter in which the abatement becomes effective if the Office approves the application.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

 


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      (b) Shall consider the level of health care benefits provided by the business to its employees, the projected economic impact of the business and the projected tax revenue of the business after deducting projected revenue from the abated taxes.

      (c) May, if the Office determines that such action is necessary:

             (1) Approve an application for a partial abatement pursuant to this section by a business that does not meet the requirements set forth in paragraph (d), (e) or (f) of subsection 2;

             (2) Make the requirements set forth in paragraph (d), (e) or (f) of subsection 2 more stringent; or

             (3) Add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  Notwithstanding any other provision of law, the Office of Economic Development shall not approve an application for a partial abatement pursuant to this section if:

      (a) The applicant intends to locate or expand in a county in which the rate of unemployment is 6 percent or more and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 65 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      (b) The applicant intends to locate or expand in a county in which the rate of unemployment is less than 6 percent and the average hourly wage that will be paid by the applicant to its new employees in this State is less than 80 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      5.  Notwithstanding any other provision of law, if the Office of Economic Development approves an application for a partial abatement pursuant to this section, in determining the types of taxes imposed on a new or expanded business for which the partial abatement will be approved and the amount of the partial abatement:

      (a) If the new or expanded business is located in a county in which the rate of unemployment is 6 percent or more and the average hourly wage that will be paid by the business to its new employees in this State is less than 80 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

      (b) If the new or expanded business is located in a county in which the rate of unemployment is less than 6 percent and the average hourly wage that will be paid by the business to its new employees in this State is less than 100 percent of the average statewide hourly wage, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year, the Office shall not:

 


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             (1) Approve an abatement of the taxes imposed pursuant to chapter 361 of NRS which exceeds 25 percent of the taxes on personal property payable by the business each year.

             (2) Approve an abatement of the taxes imposed pursuant to chapter 363B of NRS which exceeds 25 percent of the amount of tax otherwise due pursuant to NRS 363B.110.

             (3) Approve an abatement of the taxes imposed pursuant to chapter 374 of NRS which exceeds the local sales and use taxes. As used in this subparagraph, “local sales and use taxes” means the taxes imposed on the gross receipts of any retailer from the sale of tangible personal property sold at retail, or stored, used or otherwise consumed, in the political subdivision in which the new or expanded business is located, except the taxes imposed by the Sales and Use Tax Act and the Local School Support Tax Law.

      6.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer.

      [5.]7.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      [6.]8.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the requirements set forth in subsection 2; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 2,

Ê the business shall repay to the Department or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      [7.]9.  A county treasurer:

      (a) Shall deposit any money that he or she receives pursuant to subsection [6] 8 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      [8.]10.  The Office of Economic Development [:

      (a) Shall adopt regulations relating to the minimum level of health care benefits that a business must provide to its employees; and

 


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      (b) May] may adopt such [other] regulations as the Office of Economic Development determines to be necessary to carry out the provisions of this section and NRS 360.755.

      [9.]11.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding:

             (1) The capital investment that a new business must make to meet the requirement set forth in paragraph (d) or (e) of subsection 2; and

             (2) Any security that a business is required to post to qualify for a partial abatement pursuant to this section.

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section and NRS 360.755.

      [10.]12.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      13.  For the purposes of this section, an employee is a “full-time employee” if he or she is in a permanent position of employment and works an average of 30 hours per week during the applicable period set forth in subsection 2.

      Sec. 2. NRS 360.752 is hereby amended to read as follows:

      360.752  1.  A person who intends to locate or expand a business in this State may apply to the Office of Economic Development pursuant to this section for a partial abatement of the tax imposed on the new or expanded business pursuant to chapter 361 of NRS.

      2.  The Office of Economic Development shall approve an application for a partial abatement pursuant to this section if the Office makes the following determinations:

      (a) The business is in one or more of the industry sectors for economic development promoted, identified or otherwise approved by the Governor’s Workforce Investment Board described in NRS 232.935.

      (b) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (c) The applicant has executed an agreement with the Office which must:

             (1) Comply with the requirements of NRS 360.755;

             (2) Require the business to submit to the Department the reports required by paragraph (c) of subsection 1 of NRS 218D.355;

             (3) State the agreed terms of the partial abatement, which must comply with the requirements of subsection 4;

             (4) State the date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application;

             (5) State that the business will, after the date on which a certificate of eligibility for the abatement is issued pursuant to subsection 5, continue in operation in this State for a period specified by the Office, which must be at least 5 years, and will continue to meet the eligibility requirements set forth in this subsection; and

 


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             [(5)](6) Bind the successors in interest of the business for the specified period.

      (d) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (e) The business does not receive:

             (1) Any funding from a governmental entity, other than any private activity bonds as defined in 26 U.S.C. § 141; or

             (2) Any real or personal property from a governmental entity at no cost or at a reduced cost.

      (f) The business meets the following requirements:

             (1) The business makes a capital investment of at least $1,000,000 in a program of the University of Nevada, Reno, the University of Nevada, Las Vegas, or the Desert Research Institute to be used in support of research, development or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more graduate students from the program in which the capital investment is made on a part-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The [cost to the business for the] benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office . [by regulation pursuant to subsection 9.]

             (5) The business submits with its application for a partial abatement:

                   (I) A letter of support from the institution in which the capital investment is made, which is signed by the chief administrative officer of the institution and the director or chair of the program or the appropriate department, and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      (g) In lieu of meeting the requirements of paragraph (f), the business meets the following requirements:

 


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             (1) The business makes a capital investment of at least $500,000 in the Nevada State College or an institution of the Nevada System of Higher Education other than those set forth in subparagraph (1) of paragraph (f), to be used in support of college certification or in support of research or training related to the field of endeavor of the business.

             (2) The business will employ 15 or more full-time employees for the duration of the abatement.

             (3) The business will employ two or more students from the college or institution in which the capital investment is made on a full-time basis during years 2 through 5, inclusive, of the abatement.

             (4) The average hourly wage that will be paid by the business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all full-time employees that includes an option for health insurance coverage for dependents of those employees, or will abide by all applicable provisions of the Patient Protection and Affordable Care Act, Public Law 111-148, or both; and

                   (II) The [cost to the business for the] benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office . [by regulation pursuant to subsection 9.]

             (5) The business submits with its application for a partial abatement:

                   (I) A letter of support from the college or institution in which the capital investment is made, which is signed by the chief administrative officer of the college or institution and which includes, without limitation, a summary of the financial and other resources the business will provide to the program and an agreement that the college or institution will provide to the Office periodic reports, at such times and containing such information as the Office may require, regarding the use of those resources; and

                   (II) A letter of support which is signed by the chair of the board of directors of the regional economic development authority within whose jurisdiction the college or institution is located and which includes, without limitation, a summary of the role the business will play in diversifying the economy and, if applicable, in achieving the broader goals of the regional economic development authority for economic development and diversification.

      3.  Notwithstanding the provisions of subsection 2, the Office of Economic Development:

      (a) Shall furnish to the board of county commissioners of each affected county a copy of each application for a partial abatement pursuant to this section.

      (b) Shall not consider an application for a partial abatement pursuant to this section unless the Office has requested a letter of acknowledgment of the request for the abatement from any affected county, school district, city or town.

      (c) Shall not approve an application for a partial abatement pursuant to this section unless the abatement is approved or deemed approved as described in this paragraph. The board of county commissioners of each affected county must approve or deny the application not later than 30 days after the board of county commissioners receives a copy of the application as described in paragraph (a).

 


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after the board of county commissioners receives a copy of the application as described in paragraph (a). If the board of county commissioners does not approve or deny the application within 30 days after the board of county commissioners receives a copy of the application, the application shall be deemed approved.

      (d) May, if the Office determines that such action is necessary add additional requirements that a business must meet to qualify for a partial abatement pursuant to this section.

      4.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The total amount of the abatement must not exceed;

             (1) Fifty percent of the amount of the taxes imposed on the personal property of the business pursuant to chapter 361 of NRS during the period of the abatement; or

             (2) Fifty percent of the amount of the capital investment by the business,

Ê whichever amount is less;

      (b) The duration of the abatement must be for 5 years; and

      (c) The abatement applies only to the business for which the abatement was approved pursuant to this section and the property used in connection with that business.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      6.  An applicant for a partial abatement pursuant to this section or an existing business whose partial abatement is in effect shall, upon the request of the Executive Director of the Office of Economic Development, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 2.

      7.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases to meet the requirements set forth in subsection 2 or ceases operation before the time specified in the agreement described in paragraph (c) of subsection 2:

      (a) The business shall repay to the county treasurer the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      (b) The applicable institution of higher education is entitled to keep the entire capital investment made by the business in that institution.

      8.  A county treasurer:

 


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      (a) Shall deposit any money that he or she receives pursuant to subsection 7 in one or more of the funds established by a local government of the county pursuant to NRS 354.6113 or 354.6115; and

      (b) May use the money deposited pursuant to paragraph (a) only for the purposes authorized by NRS 354.6113 and 354.6115.

      9.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such [other] regulations as the Office determines to be necessary to carry out the provisions of this section.

      10.  The Nevada Tax Commission:

      (a) Shall adopt regulations regarding any security that a business is required to post to qualify for a partial abatement pursuant to this section; and

      (b) May adopt such other regulations as the Nevada Tax Commission determines to be necessary to carry out the provisions of this section.

      11.  An applicant for a partial abatement pursuant to this section who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      12.  Except as otherwise provided in this subsection, as used in this section, “capital investment” includes, without limitation, an investment of real or personal property, money or other assets by a business in an institution of the Nevada System of Higher Education. The Office of Economic Development may, by regulation, specify the types of real or personal property or assets that are included within the definition of “capital investment.”

      Sec. 3. NRS 361.0687 is hereby amended to read as follows:

      361.0687  1.  A person who intends to locate or expand a business in this State may, pursuant to NRS 360.750, apply to the Office of Economic Development for a partial abatement from the taxes imposed by this chapter.

      2.  For a business to qualify pursuant to NRS 360.750 for a partial abatement from the taxes imposed by this chapter, the Office of Economic Development must determine that, in addition to meeting the other requirements set forth in subsection 2 of that section:

      (a) If the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more:

             (1) The business will, not later than the date which is 2 years after the date on which the abatement becomes effective, make a capital investment in the county or city of:

                   (I) At least $5,000,000 if the business is an industrial or manufacturing business; or

                   (II) At least $1,000,000 if the business is not an industrial or manufacturing business,

Ê in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; and

             (2) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

 


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      (b) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000:

             (1) The business will, not later than the date which is 2 years after the date on which the abatement becomes effective, make a capital investment in the county or city of:

                   (I) At least $1,000,000 if the business is an industrial or manufacturing business; or

                   (II) At least $250,000 if the business is not an industrial or manufacturing business,

Ê in capital assets that will be retained at the location of the business in that county or city until at least the date which is 5 years after the date on which the abatement becomes effective; and

             (2) The average hourly wage that will be paid by the new business to its employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year.

      3.  Except as otherwise provided in subsection 4 and NRS 701A.210, if a partial abatement from the taxes imposed by this chapter is approved by the Office of Economic Development pursuant to NRS 360.750:

      (a) The partial abatement must:

             (1) Be for a duration of at least 1 year but not more than 10 years;

             (2) [Not] Subject to any limitation on the abatement set forth in NRS 360.750, not exceed 50 percent of the taxes on personal property payable by a business each year pursuant to this chapter; and

             (3) Be administered and carried out in the manner set forth in NRS 360.750.

      (b) The Executive Director of the Office of Economic Development shall notify the county assessor of the county in which the business is or will be located of the approval of the partial abatement, including, without limitation, the duration and percentage of the partial abatement that the Office granted. The Executive Director shall, on or before April 15 of each year, advise the county assessor of each county in which a business qualifies for a partial abatement during the current fiscal year as to whether the business is still eligible for the partial abatement in the next succeeding fiscal year.

      4.  Except as otherwise provided in NRS 701A.210, if a partial abatement from the taxes imposed by this chapter is approved by the Office of Economic Development pursuant to NRS 360.750 for a business which is or will be located in a foreign trade zone in this State, the partial abatement must:

      (a) Be for a duration of at least 1 year but not more than 5 years; and

      (b) [Not] Subject to any limitation on the abatement set forth in NRS 360.750, not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to this chapter.

      5.  As used in this section, “foreign trade zone” means an activated foreign trade zone established, operated and maintained in accordance with chapter 237A of NRS and any applicable federal laws.

      Sec. 4. NRS 363B.120 is hereby amended to read as follows:

      363B.120  1.  [An] Except as otherwise provided in NRS 360.750, an employer that qualifies pursuant to the provisions of NRS 360.750 is entitled to an exemption of 50 percent of the amount of tax otherwise due pursuant to NRS 363B.110 during the first 4 years of its operation.

 


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to an exemption of 50 percent of the amount of tax otherwise due pursuant to NRS 363B.110 during the first 4 years of its operation.

      2.  If a partial abatement from the taxes otherwise due pursuant to NRS 363B.110 is approved by the Office of Economic Development pursuant to NRS 360.750, the partial abatement must be administered and carried out in the manner set forth in NRS 360.750.

      Sec. 5. NRS 274.310 is hereby amended to read as follows:

      274.310  1.  A person who intends to locate a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business would operate for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business would operate. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states [that] :

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

             [(1)](I) Commence operation and continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

 


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enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

             [(2)](II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business will operate.

      (d) The applicant invested or commits to invest a minimum of $500,000 in capital assets that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation;

      (b) The Nevada Tax Commission; and

      (c) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business will be located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must:

             (1) Except as otherwise provided in subparagraph (2), be for a duration of not less than 1 year but not more than 5 years; or

             (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

 


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the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 6. NRS 274.320 is hereby amended to read as follows:

      274.320  1.  A person who intends to expand a business in this State within:

      (a) A historically underutilized business zone, as defined in 15 U.S.C. § 632;

      (b) A redevelopment area created pursuant to chapter 279 of NRS;

      (c) An area eligible for a community development block grant pursuant to 24 C.F.R. Part 570; or

      (d) An enterprise community established pursuant to 24 C.F.R. Part 597,

Ê may submit a request to the governing body of the county, city or town in which the business operates for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of the taxes imposed on capital equipment pursuant to chapter 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states [that] :

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

 


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             [(1)](I) Continue in operation in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 for a period specified by the Office, which must be at least 5 years; and

             [(2)](II) Continue to meet the eligibility requirements set forth in this subsection.

Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The applicant invested or commits to invest a minimum of $250,000 in capital equipment that will be retained at the location of the business in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597 until at least the date which is 5 years after the date on which the abatement becomes effective.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall immediately forward a certificate of eligibility for the abatement to:

      (a) The Department of Taxation; and

      (b) The Nevada Tax Commission.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must:

             (1) Except as otherwise provided in subparagraph (2), be for a duration of not less than 1 year but not more than 5 years; or

             (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the historically underutilized business zone, as defined in 15 U.S.C. § 632, redevelopment area created pursuant to chapter 279 of NRS, area eligible for a community development block grant pursuant to 24 C.F.R. Part 570 or enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

 


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ê2015 Statutes of Nevada, Page 1078 (Chapter 227, SB 74)ê

 

pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development may adopt such regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      Sec. 7. NRS 274.330 is hereby amended to read as follows:

      274.330  1.  A person who owns a business which is located within an enterprise community established pursuant to 24 C.F.R. Part 597 in this State may submit a request to the governing body of the county, city or town in which the business is located for an endorsement of an application by the person to the Office of Economic Development for a partial abatement of one or more of the taxes imposed pursuant to chapter 361 or 374 of NRS. The governing body of the county, city or town shall provide notice of the request to the board of trustees of the school district in which the business operates. The notice must set forth the date, time and location of the hearing at which the governing body will consider whether to endorse the application.

      2.  The governing body of a county, city or town shall develop procedures for:

      (a) Evaluating whether such an abatement would be beneficial for the economic development of the county, city or town.

      (b) Issuing a certificate of endorsement for an application for such an abatement that is found to be beneficial for the economic development of the county, city or town.

      3.  A person whose application has been endorsed by the governing body of the county, city or town, as applicable, pursuant to this section may submit the application to the Office of Economic Development. The Office shall approve the application if the Office makes the following determinations:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Administrator pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Administrator to implement the State Plan for Economic Development.

      (b) The applicant has executed an agreement with the Office which states [that] :

             (1) The date on which the abatement becomes effective, as agreed to by the applicant and the Office, which must not be earlier than the date on which the Office received the application; and

             (2) That the business will, after the date on which the abatement becomes effective:

             [(1)](I) Continue in operation in the enterprise community for a period specified by the Office, which must be at least 5 years; and

             [(2)](II) Continue to meet the eligibility requirements set forth in this subsection.

 


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Ê The agreement must bind successors in interest of the business for the specified period.

      (c) The business is registered pursuant to the laws of this State or the applicant commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (d) The business:

             (1) Employs one or more dislocated workers who reside in the enterprise community; and

             (2) Pays such employees a wage of not less than 100 percent of the federally designated level signifying poverty for a family of four persons and provides medical benefits to the employees and their dependents [.] which meet the minimum requirements for medical benefits established by the Office.

      4.  If the Office of Economic Development approves an application for a partial abatement, the Office shall:

      (a) Determine the percentage of employees of the business which meet the requirements of paragraph (d) of subsection 3 and grant a partial abatement equal to that percentage; and

      (b) Immediately forward a certificate of eligibility for the abatement to:

             (1) The Department of Taxation;

             (2) The Nevada Tax Commission; and

             (3) If the partial abatement is from the property tax imposed pursuant to chapter 361 of NRS, the county treasurer of the county in which the business is located.

      5.  If the Office of Economic Development approves an application for a partial abatement pursuant to this section:

      (a) The partial abatement must:

             (1) Except as otherwise provided in subparagraph (2), be for a duration of not less than 1 year but not more than 5 years; or

            (2) If the business is a data center that has invested or commits to invest during the period in which the abatement is effective a minimum of $100,000,000 in the enterprise community established pursuant to 24 C.F.R. Part 597, be for a duration of not less than 1 year but not more than 15 years.

      (b) If the abatement is from the property tax imposed pursuant to chapter 361 of NRS, the partial abatement must not exceed 75 percent of the taxes on personal property payable by a business each year pursuant to that chapter.

      6.  If a business whose partial abatement has been approved pursuant to this section and is in effect ceases:

      (a) To meet the eligibility requirements for the partial abatement; or

      (b) Operation before the time specified in the agreement described in paragraph (b) of subsection 3,

Ê the business shall repay to the Department of Taxation or, if the partial abatement was from the property tax imposed pursuant to chapter 361 of NRS, to the county treasurer, the amount of the exemption that was allowed pursuant to this section before the failure of the business to comply unless the Nevada Tax Commission determines that the business has substantially complied with the requirements of this section. Except as otherwise provided in NRS 360.232 and 360.320, the business shall, in addition to the amount of the exemption required to be paid pursuant to this subsection, pay interest on the amount due at the rate most recently established pursuant to NRS 99.040 for each month, or portion thereof, from the last day of the month following the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

 


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ê2015 Statutes of Nevada, Page 1080 (Chapter 227, SB 74)ê

 

the period for which the payment would have been made had the partial abatement not been approved until the date of payment of the tax.

      7.  The Office of Economic Development:

      (a) Shall adopt regulations relating to the minimum level of benefits that a business must provide to its employees to qualify for an abatement pursuant to this section.

      (b) May adopt such other regulations as the Office determines to be necessary or advisable to carry out the provisions of this section.

      8.  An applicant for an abatement who is aggrieved by a final decision of the Office of Economic Development may petition for judicial review in the manner provided in chapter 233B of NRS.

      9.  As used in this section, “dislocated worker” means a person who:

      (a) Has been terminated, laid off or received notice of termination or layoff from employment;

      (b) Is eligible for or receiving or has exhausted his or her entitlement to unemployment compensation;

      (c) Has been dependent on the income of another family member but is no longer supported by that income;

      (d) Has been self-employed but is no longer receiving an income from self-employment because of general economic conditions in the community or natural disaster; or

      (e) Is currently unemployed and unable to return to a previous industry or occupation.

      Sec. 8. NRS 322.061 is hereby amended to read as follows:

      322.061  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may lease state land pursuant to NRS 322.060 for less than the fair market value of the state land for the first year of the lease, including, without limitation, without the payment of rent for the first year of the lease, to a person who intends to locate or expand a business in this State if, except as otherwise provided in subsection 5, the business meets the requirements of subsection 4.

      2.  Before state land may be leased pursuant to this section, the following persons must approve the lease and establish the recommended amount of rent to be received for the state land:

      (a) The Administrator of the Division of State Lands, as ex officio State Land Registrar;

      (b) The Administrator of the State Public Works Division of the Department of Administration; and

      (c) The Executive Director of the Office of Economic Development.

      3.  Any lease entered into pursuant to this section must be for a term of at least 10 years.

      4.  Except as otherwise provided in subsection 5, the lease or agreement may not include a discount to the business for the first year unless:

      (a) The business is consistent with:

             (1) The State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053; and

             (2) Any guidelines adopted by the Executive Director of the Office to implement the State Plan for Economic Development.

      (b) The business is registered pursuant to the laws of this State or the person who intends to locate or expand the business in this State commits to obtain a valid business license and all other permits required by the county, city or town in which the business operates.

 


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ê2015 Statutes of Nevada, Page 1081 (Chapter 227, SB 74)ê

 

obtain a valid business license and all other permits required by the county, city or town in which the business operates.

      (c) If the business is a new business in a county whose population is 100,000 or more or a city whose population is 60,000 or more, the business meets at least two of the following requirements:

             (1) The business will have 75 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $1,000,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its new employees in this State is at least 100 percent of the average statewide hourly wage as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office . [by regulation pursuant to subsection 8 of NRS 360.750.]

      (d) If the business is a new business in a county whose population is less than 100,000 or a city whose population is less than 60,000, the business meets at least two of the following requirements:

             (1) The business will have 15 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $250,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its new employees in this State is at least 100 percent of the average statewide hourly wage or the average countywide hourly wage, whichever is less, as established by the Employment Security Division of the Department of Employment, Training and Rehabilitation on July 1 of each fiscal year and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] benefits the business provides to its employees in this State will meet the minimum requirements for benefits established by the Office . [by regulation pursuant to subsection 8 of NRS 360.750.]

      (e) If the business is an existing business, the business meets at least two of the following requirements:

             (1) The business will increase the number of employees on its payroll by 10 percent more than it employed in the immediately preceding fiscal year or by six employees, whichever is greater.

             (2) The business will expand by making a capital investment in this State in an amount equal to at least 20 percent of the value of the tangible property possessed by the business in the immediately preceding fiscal year. The determination of the value of the tangible property possessed by the business in the immediately preceding fiscal year must be made by the:

 


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ê2015 Statutes of Nevada, Page 1082 (Chapter 227, SB 74)ê

 

                   (I) County assessor of the county in which the business will expand, if the business is locally assessed; or

                   (II) The Department of Taxation, if the business is centrally assessed.

             (3) The average hourly wage that will be paid by the existing business to its new employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all new employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] benefits the business provides to its new employees in this State will meet the minimum requirements for benefits established by the Office . [by regulation pursuant to subsection 8 of NRS 360.750.]

      (f) In lieu of meeting the requirements of paragraph (c), (d) or (e), if the business furthers the development and refinement of intellectual property, a patent or a copyright into a commercial product, the business meets at least two of the following requirements:

             (1) The business will have 10 or more full-time employees on the payroll of the business by the fourth quarter that it is in operation.

             (2) Establishing the business will require the business to make a capital investment of at least $500,000 in this State.

             (3) The average hourly wage that will be paid by the new business to its employees in this State is at least the amount of the average hourly wage required to be paid by businesses pursuant to subparagraph (2) of either paragraph (a) or (b) of subsection 2 of NRS 361.0687, whichever is applicable, and:

                   (I) The business will provide a health insurance plan for all employees that includes an option for health insurance coverage for dependents of the employees; and

                   (II) The [cost to the business for the] benefits the business provides to its employees in this State will meet with minimum requirements established by the Office . [by regulation pursuant to subsection 8 of NRS 360.750.]

      5.  The Executive Director of the Office of Economic Development may waive the requirements of subsection 4 for good cause shown if the lease is for state land of less than 25,000 square feet.

      Sec. 9.  The amendatory provisions of this act do not apply to or otherwise affect any abatement of taxes or deferment of the payment of taxes approved by the Office of Economic Development before July 1, 2015.

      Sec. 10.  1.  This act becomes effective:

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

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

      2.  Section 2 of this act expires by limitation on June 30, 2023.

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ê2015 Statutes of Nevada, Page 1083ê

 

CHAPTER 228, SB 75

Senate Bill No. 75–Committee on Education

 

CHAPTER 228

 

[Approved: May 27, 2015]

 

AN ACT relating to education; revising provisions governing the manner in which certain examinations are administered; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires examinations to be administered to pupils enrolled in grades 3 through 8 based upon the State’s academic standards. Existing law also requires the board of trustees of each school district and the governing body of each charter school to administer such examinations to pupils at the same time during the spring semester, as prescribed by the State Board of Education. (NRS 389.550) This bill removes this requirement and instead requires the State Board to prescribe the minimum number of school days that must take place before the examinations may be administered and the period during which they are to be administered.

 

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 389.550 is hereby amended to read as follows:

      389.550  1.  The State Board shall, in consultation with the Council, prescribe examinations that comply with 20 U.S.C. § 6311(b)(3) and that measure the achievement and proficiency of pupils:

      (a) For grades 3, 4, 5, 6, 7 and 8 in the standards of content established by the Council for the subjects of English and mathematics.

      (b) For grades 5 and 8, in the standards of content established by the Council for the subject of science.

Ê The examinations prescribed pursuant to this subsection must be written, developed, printed and scored by a nationally recognized testing company.

      2.  In addition to the examinations prescribed pursuant to subsection 1, the State Board shall, in consultation with the Council, prescribe a writing examination for grades 5 and 8.

      3.  The State Board shall prescribe:

      (a) The minimum number of school days that must take place before the examinations prescribed by the State Board pursuant to subsection 1 may be administered to pupils; and

      (b) The period during which the examinations prescribed by the State Board pursuant to subsection 1 must be administered.

      4.  The board of trustees of each school district and the governing body of each charter school shall administer the examinations prescribed by the State Board [.] at such times as prescribed by the State Board pursuant to subsection 3. The examinations must be:

      (a) [Administered to pupils in each school district and each charter school at the same time during the spring semester, as prescribed by the State Board.

 


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ê2015 Statutes of Nevada, Page 1084 (Chapter 228, SB 75)ê

 

      (b)] Administered in each school in accordance with uniform procedures adopted by the State Board. The Department shall monitor the school districts and individual schools to ensure compliance with the uniform procedures.

      [(c)](b) Administered in each school in accordance with the plan adopted pursuant to NRS 389.616 by the Department and with the plan adopted pursuant to NRS 389.620 by the board of trustees of the school district in which the examinations are administered. The Department shall monitor the compliance of school districts and individual schools with:

             (1) The plan adopted by the Department; and

             (2) The plan adopted by the board of trustees of the applicable school district, to the extent that the plan adopted by the board of trustees of the school district is consistent with the plan adopted by the Department.

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

________

CHAPTER 229, SB 78

Senate Bill No. 78–Committee on Revenue and Economic Development

 

CHAPTER 229

 

[Approved: May 27, 2015]

 

AN ACT relating to taxation; clarifying provisions governing appeals to the State Board of Equalization of appraisals and assessments of property tax on the property of mines; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Taxation to appraise and assess all reduction, smelting and milling works, plants and facilities, whether or not associated with a mine, all drilling rigs, and all supplies, machinery, equipment, apparatus, facilities, buildings, structures and other improvements used in connection with any mining, drilling, reduction, smelting or milling operation. (NRS 362.100) Section 1 of this bill authorizes any person, firm, company, association or corporation claiming overvaluation or excessive valuation of its property that is appraised and assessed by the Department to appeal any resulting assessment to the State Board of Equalization.

 

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

      1.  Any person, firm, company, association or corporation claiming overvaluation or excessive valuation of its property in this State that is appraised and assessed by the Department pursuant to NRS 362.100 is entitled to a hearing before the State Board of Equalization to appeal any assessment resulting therefrom, without appearing before or requesting relief from the county board of equalization. If a hearing is held, evidence of the valuation of the property in which the value is determined by using appropriate appraisal standards must be submitted to the State Board of Equalization.

 


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ê2015 Statutes of Nevada, Page 1085 (Chapter 229, SB 78)ê

 

of the valuation of the property in which the value is determined by using appropriate appraisal standards must be submitted to the State Board of Equalization.

      2.  Every appeal to the State Board of Equalization described in subsection 1 must be filed not later than January 15. If January 15 falls on a Saturday, Sunday or legal holiday, the appeal may be filed on the next business day.

      Sec. 2. NRS 361.334 is hereby amended to read as follows:

      361.334  As used in NRS 361.334 to 361.435, inclusive [:] , and section 1 of this act:

      1.  The term “property” includes a leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property which is taxable pursuant to NRS 361.157 or 361.159.

      2.  Where the term “property” is read to mean a taxable leasehold interest, possessory interest, beneficial interest or beneficial use of a lessee or user of property, the term “owner” used in conjunction therewith must be interpreted to mean the lessee or user of the property.

      Sec. 3. NRS 361.395 is hereby amended to read as follows:

      361.395  1.  During the annual session of the State Board of Equalization beginning on the fourth Monday in March of each year, the State Board of Equalization shall:

      (a) Equalize property valuations in the State.

      (b) Review the tax rolls of the various counties as corrected by the county boards of equalization thereof and raise or lower, equalizing and establishing the taxable value of the property, for the purpose of the valuations therein established by all the county assessors and county boards of equalization and the Nevada Tax Commission, of any class or piece of property in whole or in part in any county, including those classes of property enumerated in NRS 361.320.

      2.  If the State Board of Equalization proposes to increase the valuation of any property on the assessment roll:

      (a) Pursuant to paragraph (b) of subsection 1, it shall give 30 days’ notice to interested persons by first-class mail.

      (b) In a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403, or section 1 of this act, it shall give 10 days’ notice to interested persons by registered or certified mail or by personal service.

Ê A notice provided pursuant to this subsection must state the time when and place where the person may appear and submit proof concerning the valuation of the property. A person waives the notice requirement if he or she personally appears before the Board and is notified of the proposed increase in valuation.

      Sec. 4. NRS 361.405 is hereby amended to read as follows:

      361.405  1.  The Secretary of the State Board of Equalization forthwith shall certify any change made by the Board in the assessed valuation of any property in whole or in part to the county auditor of the county where the property is assessed, and whenever the valuation of any property is raised:

      (a) In a proceeding to resolve an appeal or other complaint before the Board pursuant to NRS 361.360, 361.400 or 361.403, or section 1 of this act, the Secretary of the Board shall forward by certified mail to the property owner or owners affected, notice of the increased valuation.

 


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ê2015 Statutes of Nevada, Page 1086 (Chapter 229, SB 78)ê

 

      (b) Pursuant to paragraph (b) of subsection 1 of NRS 361.395, the Secretary of the Board shall forward by first-class mail to the property owner or owners affected, notice of the increased valuation.

      2.  As soon as changes resulting from cases having a substantial effect on tax revenues have been certified to the county auditor by the Secretary of the State Board of Equalization, the county auditor shall:

      (a) Enter all such changes and the value of any construction work in progress and net proceeds of minerals which were certified to him or her by the Department, on the assessment roll before the delivery thereof to the tax receiver.

      (b) Add up the valuations and enter the total valuation of each kind of property and the total valuation of all property on the assessment roll.

      (c) Certify the results to the board of county commissioners and the Department.

      3.  The board of county commissioners shall not levy a tax on the net proceeds of minerals added to the assessed valuation pursuant to paragraph (a) of subsection 2, but, except as otherwise provided by specific statute, the net proceeds of minerals must be included in the assessed valuation of the taxable property of the county and all local governments in the county for the determination of the rate of tax and all other purposes for which assessed valuation is used.

      4.  As soon as changes resulting from cases having less than a substantial effect on tax revenue have been certified to the county tax receiver by the Secretary of the State Board of Equalization, the county tax receiver shall adjust the assessment roll or the tax statement or make a tax refund, as directed by the State Board of Equalization.

      Sec. 5.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 1087ê

 

CHAPTER 230, SB 87

Senate Bill No. 87–Committee on Commerce, Labor and Energy

 

CHAPTER 230

 

[Approved: May 27, 2015]

 

AN ACT relating to public utilities; authorizing the Public Utilities Commission of Nevada to modify resource plans submitted by certain public utilities; authorizing a public utility to consent to or reject some or all of such modifications; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a public utility that furnishes water or sewage disposal services is required periodically to file with the Public Utilities Commission of Nevada a “resource plan” to provide sufficient water or services to meet the anticipated demands of the utility’s customers. The Commission is required to issue an order accepting the plan as filed or specifying any part of the plan it finds to be inadequate. If a plan is accepted by the Commission, any facility identified in the plan for acquisition or construction by the utility is deemed to be a prudent investment and the utility is entitled to recover the costs of the facility from its customers. (NRS 704.661) Section 2 of this bill authorizes the Commission to issue an order modifying such a plan and allows the utility to file a notice consenting to or rejecting some or all of the modifications. Section 2 also requires any petition for reconsideration or rehearing of the order issued by the Commission to be filed by the utility not later than 10 business days after filing the notice of consent or rejection. For the purposes of the “prudent investment” provisions, the plan is deemed to be accepted by the Commission only as to those parts of the plan accepted as filed or modified by the Commission with the consent of the utility.

      Existing law also requires certain public utilities that supply electricity to submit periodically to the Commission plans to increase their supply of electricity or decrease the demands made on their systems by their customers. (NRS 704.741) Existing law requires the Commission to issue an order accepting such a plan as filed or specifying the parts of the plan that the Commission deems to be inadequate. (NRS 704.751) The Commission’s acceptance of such a plan likewise results in certain facilities, or the elimination of certain facilities, being deemed to be a prudent investment by the utility. (NRS 704.110) Section 3 of this bill authorizes the Commission to issue an order modifying such a plan and provides that the utility may consent to or reject some or all of the modifications by filing a notice to that effect. Any petition for reconsideration or rehearing again must be filed not later than 10 business days after the notice of consent or rejection is filed. Again, for the purposes described above, section 1 of this bill provides that only the parts of the plan accepted by the Commission as filed or modified with the consent of the utility are deemed to be accepted by the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 704.110 is hereby amended to read as follows:

      704.110  Except as otherwise provided in NRS 704.075 and 704.68861 to 704.68887, inclusive, or as may otherwise be provided by the Commission pursuant to NRS 704.095 or 704.097:

 


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ê2015 Statutes of Nevada, Page 1088 (Chapter 230, SB 87)ê

 

      1.  If a public utility files with the Commission an application to make changes in any schedule, including, without limitation, changes that will result in a discontinuance, modification or restriction of service, the Commission shall investigate the propriety of the proposed changes to determine whether to approve or disapprove the proposed changes. If an electric utility files such an application and the application is a general rate application or an annual deferred energy accounting adjustment application, the Consumer’s Advocate shall be deemed a party of record.

      2.  Except as otherwise provided in subsection 3, if a public utility files with the Commission an application to make changes in any schedule, the Commission shall, not later than 210 days after the date on which the application is filed, issue a written order approving or disapproving, in whole or in part, the proposed changes.

      3.  If a public utility files with the Commission a general rate application, the public utility shall submit with its application a statement showing the recorded results of revenues, expenses, investments and costs of capital for its most recent 12 months for which data were available when the application was prepared. Except as otherwise provided in subsection 4, in determining whether to approve or disapprove any increased rates, the Commission shall consider evidence in support of the increased rates based upon actual recorded results of operations for the same 12 months, adjusted for increased revenues, any increased investment in facilities, increased expenses for depreciation, certain other operating expenses as approved by the Commission and changes in the costs of securities which are known and are measurable with reasonable accuracy at the time of filing and which will become effective within 6 months after the last month of those 12 months, but the public utility shall not place into effect any increased rates until the changes have been experienced and certified by the public utility to the Commission and the Commission has approved the increased rates. The Commission shall also consider evidence supporting expenses for depreciation, calculated on an annual basis, applicable to major components of the public utility’s plant placed into service during the recorded test period or the period for certification as set forth in the application. Adjustments to revenues, operating expenses and costs of securities must be calculated on an annual basis. Within 90 days after the date on which the certification required by this subsection is filed with the Commission, or within the period set forth in subsection 2, whichever time is longer, the Commission shall make such order in reference to the increased rates as is required by this chapter. The following public utilities shall each file a general rate application pursuant to this subsection based on the following schedule:

      (a) An electric utility that primarily serves less densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2010, and at least once every 36 months thereafter.

      (b) An electric utility that primarily serves densely populated counties shall file a general rate application not later than 5 p.m. on or before the first Monday in June 2011, and at least once every 36 months thereafter.

      (c) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had not filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2008, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission.

 


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ê2015 Statutes of Nevada, Page 1089 (Chapter 230, SB 87)ê

 

36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

      (d) A public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, which had an annual gross operating revenue of $2,000,000 or more for at least 1 year during the immediately preceding 3 years and which had filed a general rate application with the Commission on or after July 1, 2005, shall file a general rate application on or before June 30, 2009, and at least once every 36 months thereafter unless waived by the Commission pursuant to standards adopted by regulation of the Commission. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this paragraph for either service.

Ê The Commission shall adopt regulations setting forth standards for waivers pursuant to paragraphs (c) and (d) and for including the costs incurred by the public utility in preparing and presenting the general rate application before the effective date of any change in rates.

      4.  In addition to submitting the statement required pursuant to subsection 3, a public utility may submit with its general rate application a statement showing the effects, on an annualized basis, of all expected changes in circumstances. If such a statement is filed, it must include all increases and decreases in revenue and expenses which may occur within 210 days after the date on which its general rate application is filed with the Commission if such expected changes in circumstances are reasonably known and are measurable with reasonable accuracy. If a public utility submits such a statement, the public utility has the burden of proving that the expected changes in circumstances set forth in the statement are reasonably known and are measurable with reasonable accuracy. The Commission shall consider expected changes in circumstances to be reasonably known and measurable with reasonable accuracy if the expected changes in circumstances consist of specific and identifiable events or programs rather than general trends, patterns or developments, have an objectively high probability of occurring to the degree, in the amount and at the time expected, are primarily measurable by recorded or verifiable revenues and expenses and are easily and objectively calculated, with the calculation of the expected changes relying only secondarily on estimates, forecasts, projections or budgets. If the Commission determines that the public utility has met its burden of proof:

      (a) The Commission shall consider the statement submitted pursuant to this subsection and evidence relevant to the statement, including all reasonable projected or forecasted offsets in revenue and expenses that are directly attributable to or associated with the expected changes in circumstances under consideration, in addition to the statement required pursuant to subsection 3 as evidence in establishing just and reasonable rates for the public utility; and

      (b) The public utility is not required to file with the Commission the certification that would otherwise be required pursuant to subsection 3.

 


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ê2015 Statutes of Nevada, Page 1090 (Chapter 230, SB 87)ê

 

      5.  If a public utility files with the Commission an application to make changes in any schedule and the Commission does not issue a final written order regarding the proposed changes within the time required by this section, the proposed changes shall be deemed to be approved by the Commission.

      6.  If a public utility files with the Commission a general rate application, the public utility shall not file with the Commission another general rate application until all pending general rate applications filed by that public utility have been decided by the Commission unless, after application and hearing, the Commission determines that a substantial financial emergency would exist if the public utility is not permitted to file another general rate application sooner. The provisions of this subsection do not prohibit the public utility from filing with the Commission, while a general rate application is pending, an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale pursuant to subsection 7, a quarterly rate adjustment pursuant to subsection 8 or 10, any information relating to deferred accounting requirements pursuant to NRS 704.185 or an annual deferred energy accounting adjustment application pursuant to NRS 704.187, if the public utility is otherwise authorized to so file by those provisions.

      7.  A public utility may file an application to recover the increased cost of purchased fuel, purchased power, or natural gas purchased for resale once every 30 days. The provisions of this subsection do not apply to:

      (a) An electric utility which is required to adjust its rates on a quarterly basis pursuant to subsection 10; or

      (b) A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis pursuant to subsection 8.

      8.  A public utility which purchases natural gas for resale must request approval from the Commission to adjust its rates on a quarterly basis between annual rate adjustment applications based on changes in the public utility’s recorded costs of natural gas purchased for resale. A public utility which purchases natural gas for resale and which adjusts its rates on a quarterly basis may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of a public utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 2.5 cents per therm of natural gas. If the balance of the public utility’s deferred account varies by less than 5 percent from the public utility’s annual recorded costs of natural gas which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per therm of natural gas.

      9.  If the Commission approves a request to make any rate adjustments on a quarterly basis pursuant to subsection 8:

      (a) The public utility shall file written notice with the Commission before the public utility makes a quarterly rate adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

 


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ê2015 Statutes of Nevada, Page 1091 (Chapter 230, SB 87)ê

 

      (b) The public utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The public utility shall begin providing such written notice to its customers not later than 30 days after the date on which the public utility files its written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

             (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

             (2) Must include the following:

                   (I) The total amount of the increase or decrease in the public utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                   (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                   (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

                   (IV) A statement that the transactions and recorded costs of natural gas which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual rate adjustment application pursuant to paragraph (d); and

                   (V) Any other information required by the Commission.

      (c) The public utility shall file an annual rate adjustment application with the Commission. The annual rate adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual rate adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of natural gas included in each quarterly filing and the annual rate adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application, and the public utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the public utility to recover any recorded costs of natural gas which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the public utility, and the Commission shall order the public utility to adjust its rates if the Commission determines that any recorded costs of natural gas included in any quarterly rate adjustment or the annual rate adjustment application were not reasonable or prudent.

      10.  An electric utility shall adjust its rates on a quarterly basis based on changes in the electric utility’s recorded costs of purchased fuel or purchased power. In addition to adjusting its rates on a quarterly basis, an electric utility may request approval from the Commission to make quarterly adjustments to its deferred energy accounting adjustment. The Commission shall approve or deny such a request not later than 120 days after the application is filed with the Commission. The Commission may approve the request if the Commission finds that approval of the request is in the public interest. If the Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity.

 


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ê2015 Statutes of Nevada, Page 1092 (Chapter 230, SB 87)ê

 

Commission approves a request to make quarterly adjustments to the deferred energy accounting adjustment of an electric utility pursuant to this subsection, any quarterly adjustment to the deferred energy accounting adjustment must not exceed 0.25 cents per kilowatt-hour of electricity. If the balance of the electric utility’s deferred account varies by less than 5 percent from the electric utility’s annual recorded costs for purchased fuel or purchased power which are used to calculate quarterly rate adjustments, the deferred energy accounting adjustment must be set to zero cents per kilowatt-hour of electricity.

      11.  A quarterly rate adjustment filed pursuant to subsection 10 is subject to the following requirements:

      (a) The electric utility shall file written notice with the Commission on or before August 15, 2007, and every quarter thereafter of the quarterly rate adjustment to be made by the electric utility for the following quarter. The first quarterly rate adjustment by the electric utility will take effect on October 1, 2007, and each subsequent quarterly rate adjustment will take effect every quarter thereafter. The first quarterly adjustment to a deferred energy accounting adjustment must be made pursuant to an order issued by the Commission approving the application of an electric utility to make quarterly adjustments to its deferred energy accounting adjustment. A quarterly rate adjustment is not subject to the requirements for notice and a hearing pursuant to NRS 703.320 or the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (b) The electric utility shall provide written notice of each quarterly rate adjustment to its customers by including the written notice with a customer’s regular monthly bill. The electric utility shall begin providing such written notice to its customers not later than 30 days after the date on which the electric utility files a written notice with the Commission pursuant to paragraph (a). The written notice that is included with a customer’s regular monthly bill:

             (1) Must be printed separately on fluorescent-colored paper and must not be attached to the pages of the bill; and

             (2) Must include the following:

                   (I) The total amount of the increase or decrease in the electric utility’s revenues from the rate adjustment, stated in dollars and as a percentage;

                   (II) The amount of the monthly increase or decrease in charges for each class of customer or class of service, stated in dollars and as a percentage;

                   (III) A statement that customers may send written comments or protests regarding the rate adjustment to the Commission;

                   (IV) A statement that the transactions and recorded costs of purchased fuel or purchased power which are the basis for any quarterly rate adjustment will be reviewed for reasonableness and prudence in the next proceeding held by the Commission to review the annual deferred energy accounting adjustment application pursuant to paragraph (d); and

                   (V) Any other information required by the Commission.

      (c) The electric utility shall file an annual deferred energy accounting adjustment application pursuant to NRS 704.187 with the Commission. The annual deferred energy accounting adjustment application is subject to the requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

 


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ê2015 Statutes of Nevada, Page 1093 (Chapter 230, SB 87)ê

 

requirements for notice and a hearing pursuant to NRS 703.320 and the requirements for a consumer session pursuant to subsection 1 of NRS 704.069.

      (d) The proceeding regarding the annual deferred energy accounting adjustment application must include a review of each quarterly rate adjustment and the transactions and recorded costs of purchased fuel and purchased power included in each quarterly filing and the annual deferred energy accounting adjustment application. There is no presumption of reasonableness or prudence for any quarterly rate adjustment or for any transactions or recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application, and the electric utility has the burden of proving reasonableness and prudence in the proceeding.

      (e) The Commission shall not allow the electric utility to recover any recorded costs of purchased fuel and purchased power which were the result of any practice or transaction that was unreasonable or was undertaken, managed or performed imprudently by the electric utility, and the Commission shall order the electric utility to adjust its rates if the Commission determines that any recorded costs of purchased fuel and purchased power included in any quarterly rate adjustment or the annual deferred energy accounting adjustment application were not reasonable or prudent.

      12.  If an electric utility files an annual deferred energy accounting adjustment application pursuant to subsection 11 and NRS 704.187 while a general rate application is pending, the electric utility shall:

      (a) Submit with its annual deferred energy accounting adjustment application information relating to the cost of service and rate design; and

      (b) Supplement its general rate application with the same information, if such information was not submitted with the general rate application.

      13.  A utility facility identified in a 3-year plan submitted pursuant to NRS 704.741 and accepted by the Commission for acquisition or construction pursuant to NRS 704.751 and the regulations adopted pursuant thereto, or the retirement or elimination of a utility facility identified in an emissions reduction and capacity replacement plan submitted pursuant to NRS 704.7316 and accepted by the Commission for retirement or elimination pursuant to NRS 704.751 and the regulations adopted pursuant thereto, shall be deemed to be a prudent investment. The utility may recover all just and reasonable costs of planning and constructing, or retiring or eliminating, as applicable, such a facility. For the purposes of this subsection, a plan or an amendment to a plan shall be deemed to be accepted by the Commission only as to that portion of the plan or amendment accepted as filed or modified with the consent of the utility pursuant to NRS 704.751.

      14.  In regard to any rate or schedule approved or disapproved pursuant to this section, the Commission may, after a hearing:

      (a) Upon the request of the utility, approve a new rate but delay the implementation of that new rate:

             (1) Until a date determined by the Commission; and

             (2) Under conditions as determined by the Commission, including, without limitation, a requirement that interest charges be included in the collection of the new rate; and

 


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ê2015 Statutes of Nevada, Page 1094 (Chapter 230, SB 87)ê

 

      (b) Authorize a utility to implement a reduced rate for low-income residential customers.

      15.  The Commission may, upon request and for good cause shown, permit a public utility which purchases natural gas for resale or an electric utility to make a quarterly adjustment to its deferred energy accounting adjustment in excess of the maximum allowable adjustment pursuant to subsection 8 or 10.

      16.  A public utility which purchases natural gas for resale or an electric utility that makes quarterly adjustments to its deferred energy accounting adjustment pursuant to subsection 8 or 10 may submit to the Commission for approval an application to discontinue making quarterly adjustments to its deferred energy accounting adjustment and to subsequently make annual adjustments to its deferred energy accounting adjustment. The Commission may approve an application submitted pursuant to this subsection if the Commission finds that approval of the application is in the public interest.

      17.  As used in this section:

      (a) “Deferred energy accounting adjustment” means the rate of a public utility which purchases natural gas for resale or an electric utility that is calculated by dividing the balance of a deferred account during a specified period by the total therms or kilowatt-hours which have been sold in the geographical area to which the rate applies during the specified period.

      (b) “Electric utility” has the meaning ascribed to it in NRS 704.187.

      (c) “Electric utility that primarily serves densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is 700,000 or more than it does from customers located in counties whose population is less than 700,000.

      (d) “Electric utility that primarily serves less densely populated counties” means an electric utility that, with regard to the provision of electric service, derives more of its annual gross operating revenue in this State from customers located in counties whose population is less than 700,000 than it does from customers located in counties whose population is 700,000 or more.

      Sec. 2. NRS 704.661 is hereby amended to read as follows:

      704.661  1.  Except as otherwise provided in this section, a public utility that furnishes water for municipal, industrial or domestic purposes or services for the disposal of sewage, or both, and which had an annual gross operating revenue of $1,000,000 or more for at least 1 year during the immediately preceding 3 years shall, on or before March 1 of every third year, in the manner specified by the Commission, submit a plan to the Commission to provide sufficient water or services for the disposal of sewage to satisfy the demand made on its system by its customers. If a public utility furnishes both water and services for the disposal of sewage, its annual gross operating revenue for each service must be considered separately for determining whether the public utility meets the requirements of this subsection for either service.

      2.  A public utility may request a waiver from the requirements of subsection 1 by submitting such a request in writing to the Commission not later than 180 days before the date on which the plan is required to be submitted pursuant to subsection 1. A request for a waiver must include proof satisfactory that the public utility will not experience a significant increase in demand for its services or require the acquisition or construction of additional infrastructure to meet present or future demand during the 3-year period covered by the plan which the public utility would otherwise be required to submit pursuant to subsection 1.

 


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ê2015 Statutes of Nevada, Page 1095 (Chapter 230, SB 87)ê

 

proof satisfactory that the public utility will not experience a significant increase in demand for its services or require the acquisition or construction of additional infrastructure to meet present or future demand during the 3-year period covered by the plan which the public utility would otherwise be required to submit pursuant to subsection 1.

      3.  The Commission shall, not later than 45 days after receiving a request for a waiver pursuant to subsection 2, issue an order approving or denying the request. The Commission shall not approve the request of a public utility for a waiver for consecutive 3-year periods.

      4.  The Commission:

      (a) Shall adopt regulations to provide for the contents of and the method and schedule for preparing, submitting, reviewing and approving a plan submitted pursuant to subsection 1; and

      (b) May adopt regulations relating to the submission of requests for waivers pursuant to subsection 2.

      5.  Not later than 180 days after a public utility has filed a plan pursuant to subsection 1, the Commission shall issue an order accepting or modifying the plan [as filed] or specifying any portion of the plan it finds to be inadequate. If the Commission issues an order modifying the plan, the public utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      6.  If a plan submitted pursuant to subsection 1 and accepted by the Commission pursuant to subsection 5 and any regulations adopted pursuant to subsection 4 identifies a facility for acquisition or construction, the facility shall be deemed to be a prudent investment and the public utility may recover all just and reasonable costs of planning and constructing or acquiring the facility. For the purposes of this subsection, a plan shall be deemed to be accepted by the Commission only as to that portion of the plan accepted as filed or modified with the consent of the public utility pursuant to subsection 5.

      7.  All prudent and reasonable expenditures made by a public utility to develop a plan filed pursuant to subsection 1, including, without limitation, any environmental, engineering or other studies, must be recovered from the rates charged to the public utility’s customers.

      Sec. 3. NRS 704.751 is hereby amended to read as follows:

      704.751  1.  After a utility has filed the plan required pursuant to NRS 704.741, the Commission shall issue an order accepting or modifying the plan [as filed] or specifying any portions of the plan it deems to be inadequate:

      (a) Within 135 days for any portion of the plan relating to the energy supply plan for the utility for the 3 years covered by the plan; and

      (b) Within 180 days for all portions of the plan not described in paragraph (a).

Ê If the Commission issues an order modifying the plan, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

 


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ê2015 Statutes of Nevada, Page 1096 (Chapter 230, SB 87)ê

 

filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      2.  If a utility files an amendment to a plan, the Commission shall issue an order accepting or modifying the amendment [as filed] or specifying any portions of the amendment it deems to be inadequate:

      (a) Within 135 days after the filing of the amendment; or

      (b) Within 180 days after the filing of the amendment for all portions of the amendment which contain an element of the emissions reduction and capacity replacement plan.

Ê If the Commission issues an order modifying the amendment, the utility may consent to or reject some or all of the modifications by filing with the Commission a notice to that effect. Any such notice must be filed not later than 30 days after the date of issuance of the order. If such a notice is filed, any petition for reconsideration or rehearing of the order must be filed with the Commission not later than 10 business days after the date the notice is filed.

      3.  All prudent and reasonable expenditures made to develop the utility’s plan, including environmental, engineering and other studies, must be recovered from the rates charged to the utility’s customers.

      4.  The Commission may accept a transmission plan submitted pursuant to subsection 4 of NRS 704.741 for a renewable energy zone if the Commission determines that the construction or expansion of transmission facilities would facilitate the utility meeting the portfolio standard, as defined in NRS 704.7805.

      5.  The Commission shall adopt regulations establishing the criteria for determining the adequacy of a transmission plan submitted pursuant to subsection 4 of NRS 704.741.

      6.  Any order issued by the Commission accepting or modifying an element of an emissions reduction and capacity replacement plan must include provisions authorizing the electric utility to construct or acquire and own electric generating plants necessary to meet the capacity amounts approved in, and carry out the provisions of, the plan. As used in this subsection, “capacity” means an amount of firm electric generating capacity used by the electric utility for the purpose of preparing a plan filed with the Commission pursuant to NRS 704.736 to 704.754, inclusive.

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

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ê2015 Statutes of Nevada, Page 1097ê

 

 

CHAPTER 231, SB 88

Senate Bill No. 88–Committee on Health and Human Services

 

CHAPTER 231

 

[Approved: May 27, 2015]

 

AN ACT relating to the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child; expanding access to the information contained in the Central Registry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child and limits access to the information contained in the Central Registry. (NRS 432.100) This bill authorizes access to the information in the Central Registry for employees of the Division of Public and Behavioral Health of the Department of Health and Human Services who are obtaining information in accordance with NRS 432A.170. In addition, this bill authorizes the Administrator of the Division of Child and Family Services of the Department to grant access to the Central Registry to employees or contractors of any other state or local government agency responsible for the welfare of children who demonstrate a bona fide need to access the registry.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432.100 is hereby amended to read as follows:

      432.100  1.  There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. This Central Registry must be maintained by the Division.

      2.  The Central Registry must contain:

      (a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 432B.220;

      (b) Statistical information on the protective services provided in this State; and

      (c) Any other information which the Division determines to be in furtherance of NRS 432.0999 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

      3.  The Division may release information contained in the Central Registry to an employer:

      (a) If the person who is the subject of a background investigation by the employer provides written authorization for the release of the information; and

      (b) Either:

             (1) The employer is required by law to conduct the background investigation of the person for employment purposes; or

             (2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,

 


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ê2015 Statutes of Nevada, Page 1098 (Chapter 231, SB 88)ê

 

Ê but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.

      4.  Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by [an] :

      (a) An employee of the Division [and by an] ;

      (b) An agency which provides child welfare services [.] ;

      (c) An employee of the Division of Public and Behavioral Health of the Department who is obtaining information in accordance with NRS 432A.170; and

      (d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information. Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.

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

________

CHAPTER 232, SB 94

Senate Bill No. 94–Senator Ford

 

CHAPTER 232

 

[Approved: May 27, 2015]

 

AN ACT relating to taxation; revising the provisions governing transferable tax credits for film and other productions; narrowing the class of persons who may apply for such tax credits; revising the process for making and acting upon such an application; revising the provisions governing the calculation of the tax credits; revising the limitation on the total amount of tax credits that may be issued; repealing the prospective expiration of the provisions governing the tax credits; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes a program for the issuance of transferable tax credits by the Office of Economic Development to the producer of a motion picture or other qualified production, based upon production-related expenditures made for the purchase of personal property or services from a Nevada business. (NRS 360.758-360.7598)

      This bill makes various changes to the program. Under existing law, transferable tax credits are available to a “producer,” defined as a “natural person or business that finances, arranges to finance or supervises the production of a qualified production.” Section 8 of this bill revises this definition to substitute “production company” for “producer” and eliminate the reference to a natural person, with the result that only a business meeting the requirements of the definition may apply for and receive the tax credits.

 

 


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      Existing law requires an applicant for the tax credits to show that at least 60 percent of the expenditures for the production, including expenditures for preproduction and postproduction, will be incurred in Nevada. (NRS 360.759) Section 10 of this bill removes expenditures for postproduction from this calculation unless such expenditures will be incurred in Nevada, and sections 10 and 15 of this bill otherwise revise the process for applying for the tax credits. Section 10 also extends the time allowed, after the receipt of a postproduction audit, for the Office to make a final determination concerning the issuance and amount of the tax credits.

      Existing law specifies the expenditures that may serve as the basis for the issuance of the tax credits. (NRS 360.7591) Section 11 of this bill: (1) clarifies that expenditures may be made for the rental or lease of personal property in addition to purchases; (2) excludes payments made to a joint venturer or an affiliate of a production company, except payments representing the fair market value of a purchase, rental or lease; and (3) limits the inclusion of expenditures made for property acquired by a Nevada business from a vendor outside Nevada for immediate resale, rental or lease to a qualified production.

      Existing law governs the calculation of the “base amount” of tax credits and certain additional amounts for the employment of Nevada residents and the performance of production work in certain counties in this State. (NRS 360.7592, 360.7593) Section 12 of this bill increases the additional amounts and revises provisions relating to the employment of Nevada residents by, among other things, excluding work performed by extras. Section 13 of this bill revises the formula for the inclusion of wages and salaries paid to certain persons who are not Nevada residents.

      Under existing law, the total amount of tax credits that may be approved over the life of the program is $10,000,000. The Office is prohibited from approving any application for tax credits received on or after January 1, 2018, and the program is scheduled to expire by limitation on June 30, 2023. (NRS 360.7594, Chapter 491, Statutes of Nevada 2013, p. 3097) Section 14 of this bill removes the $10,000,000 limitation on the total amount of tax credits that may be approved and the deadline for the submission of applications. Instead, section 14 limits the amount of tax credits that may be approved for any fiscal year to the amount appropriated or authorized for expenditure for that purpose for that fiscal year. Section 19 of this bill eliminates the prospective expiration of the program.

      Existing law authorizes the governing body of a city or county, on or before December 31, 2017, to abate some or all of any fee for a permit or license that would otherwise be charged in connection with a qualified production for which tax credits have been approved. (NRS 360.7596) Section 16 of this bill eliminates the prospective expiration of the period within which such an abatement may be granted.

 

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 the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Qualified direct production expenditures” means expenditures for a qualified production that are identified in NRS 360.7591 and may serve as a basis for transferable tax credits issued pursuant to NRS 360.759.

      Sec. 3. To determine whether an employee of an enterprise is a full-time equivalent employee for the purposes of NRS 360.7583, the hours worked by all the part-time and seasonal employees of the enterprise in this State must be converted into full-time equivalent hours by dividing by 2,080 the total number of hours worked for the enterprise by those part-time and seasonal employees.

 


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State must be converted into full-time equivalent hours by dividing by 2,080 the total number of hours worked for the enterprise by those part-time and seasonal employees.

      Sec. 4. NRS 360.758 is hereby amended to read as follows:

      360.758  As used in NRS 360.758 to 360.7598, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 360.7581 to 360.7586, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 360.7581 is hereby amended to read as follows:

      360.7581  1.  “Above-the-line personnel” means [a] an executive producer, co-executive producer, producer, director, writer, principal actor, [other than an extra, or other similar personnel whose compensation is negotiated before the start of the] any other person having creative or financial control over a qualified production [.] or any other person associated with such a person. The term does not include below-the-line personnel.

      2.  As used in this section, “principal actor” means a member of the main cast of a qualified production.

      Sec. 6. NRS 360.7582 is hereby amended to read as follows:

      360.7582  “Below-the-line personnel” means a person employed to work on a qualified production after production begins and before production is completed, including, without limitation, [a] an extra, best boy, boom operator, camera loader, camera operator, assistant camera operator, compositor, dialogue editor, film editor, assistant film editor, focus puller, Foley operator, Foley editor, gaffer, grip, key grip, lighting crew, lighting board operator, lighting technician, music editor, sound editor, sound effects editor, sound mixer, steadicam operator, first assistant camera operator, second assistant camera operator, digital imaging technician, camera operator working with a director of photography, electric best boy, grip best boy, dolly grip, rigging grip, assistant key for makeup, assistant key for hair, assistant script supervisor, set construction foreperson, lead set dresser, assistant key for wardrobe, scenic foreperson, assistant propmaster, assistant audio mixer, assistant boom person, assistant key for special effects and other similar personnel. The term does not include above-the-line personnel.

      Sec. 7. NRS 360.7583 is hereby amended to read as follows:

      360.7583  “Nevada business” means a proprietorship, corporation, partnership, company, association, trust, unincorporated organization or other enterprise that:

      1.  Has a physical location and at least one full-time equivalent employee in this State [;] , as determined in accordance with section 3 of this act; and

      2.  Is licensed to transact business in this State.

      Sec. 8. NRS 360.7585 is hereby amended to read as follows:

      360.7585  [“Producer”] “Production company” means a [natural person or] business that finances, arranges to finance or supervises the production of a qualified production.

      Sec. 9. NRS 360.7586 is hereby amended to read as follows:

      360.7586  1.  “Qualified production” includes preproduction, production and postproduction and means:

      (a) A theatrical, direct-to-video or other media motion picture.

      (b) A made-for-television motion picture.

 


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      (c) Visual effects or digital animation sequences.

      (d) A television pilot program.

      (e) Interstitial television programming.

      (f) A television, Internet or other media series, including, without limitation, a comedy, drama, miniseries, soap opera, talk show , game show or telenovela.

      (g) A reality show, if not less than six episodes are produced concurrently in this State and the total of the qualified direct production expenditures for those episodes is $500,000 or more.

      (h) A national or regional commercial or series of commercials.

      [(h)](i) An infomercial.

      [(i)](j) An interstitial advertisement.

      [(j)](k) A music video.

      [(k)](l) A documentary film or series.

      [(l)](m) Other visual media productions, including, without limitation, video games and mobile applications.

      2.  The term does not include:

      (a) A news, weather or current events program.

      (b) A production that is primarily produced for industrial, corporate or institutional use.

      (c) A telethon or any production that solicits money, other than a production which is produced for national distribution.

      (d) A political advertisement.

      (e) A sporting event.

      (f) A gala or awards show.

      (g) Any other type of production that is excluded by regulations adopted by the Office of Economic Development pursuant to NRS 360.759.

      Sec. 10. NRS 360.759 is hereby amended to read as follows:

      360.759  1.  A [producer of a qualified production that is produced] production company that produces a qualified production in this State in whole or in part may [, on or before December 31, 2017,] apply to the Office of Economic Development for a certificate of eligibility for transferable tax credits for any qualified direct production expenditures . [and production costs identified in NRS 360.7591.] The transferable tax credits may be applied to:

      (a) Any tax imposed by chapters 363A and 363B of NRS;

      (b) The gaming license fees imposed by the provisions of NRS 463.370;

      (c) Any tax imposed pursuant to chapter 680B of NRS; or

      (d) Any combination of the fees and taxes described in paragraphs (a), (b) and (c).

      2.  The Office shall approve an application for a certificate of eligibility for transferable tax credits if the Office finds that the [producer of] production company producing the qualified production qualifies for the transferable tax credits pursuant to subsection 3 and shall calculate the estimated amount of the transferable tax credits pursuant to NRS 360.7592, 360.7593 and 360.7594.

      3.  To be eligible for transferable tax credits pursuant to this section, a [producer] production company must:

      (a) Submit an application that meets the requirements of subsection 4;

      (b) Provide proof satisfactory to the Office that the qualified production is in the economic interest of the State;

 


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      (c) Provide proof satisfactory to the Office that [50] 70 percent or more of the funding for the qualified production has been [placed in an escrow account or trust account for the benefit of the qualified production;] obtained;

      (d) Provide proof satisfactory to the Office that at least 60 percent of the [total qualified] direct production expenditures [and production costs] for :

             (1) Preproduction;

             (2) Production; and

             (3) If any direct production expenditures for postproduction will be incurred in this State, postproduction,

Ê of the qualified production [, including preproduction and postproduction,] will be incurred in this State [;] as qualified direct production expenditures;

      (e) [At the completion of the qualified production,] Not later than 90 days after the completion of principal photography of the qualified production or, if any direct production expenditures for postproduction will be incurred in this State, not later than 90 days after the completion of postproduction, provide the Office with an audit of the qualified production that includes an itemized report of qualified direct production expenditures [and production costs] which:

             (1) Shows that the qualified production incurred qualified direct production expenditures [and production costs in this State] of $500,000 or more; and

             (2) Is certified by an independent certified public accountant in this State who is approved by the Office;

      (f) Pay the cost of the audit required by paragraph (e); and

      (g) Meet any other requirements prescribed by regulation pursuant to this section.

      4.  An application submitted pursuant to subsection 3 must contain:

      (a) A script, storyboard or synopsis of the qualified production;

      (b) The names of the production company, producer, director and proposed cast;

      (c) An estimated timeline to complete the qualified production;

      (d) A [detailed budget] summary of the budgeted expenditures for the entire production, including projected [expenses] expenditures to be incurred outside of Nevada;

      (e) Details regarding the financing of the project, including, without limitation, any information relating to a binding financing commitment, loan application, commitment letter or investment letter;

      (f) An insurance certificate, binder or quote for general liability insurance of $1,000,000 or more;

      (g) The business address of the [producer,] production company, which must be an address in this State;

      (h) Proof that the qualified production meets any applicable requirements relating to workers’ compensation insurance;

      (i) Proof that the [producer] production company has secured all licenses required to do business in each location in this State at which the qualified production will be produced; and

      (j) Any other information required by regulations adopted by the Office pursuant to subsection 8.

 


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      5.  If the Office approves an application for a certificate of eligibility for transferable tax credits pursuant to this section, the Office shall immediately forward a copy of the certificate of eligibility which identifies the estimated amount of the tax credits available pursuant to NRS 360.7592 to:

      (a) The applicant;

      (b) The Department; and

      (c) The State Gaming Control Board.

      6.  Within [14] 60 business days after receipt of an audit provided by [the producer] a production company pursuant to paragraph (e) of subsection 3 and any other accountings or other information required by the Office, the Office shall determine whether to certify the audit and make a final determination of whether a certificate of transferable tax credits will be issued. If the Office certifies the audit and determines that all other requirements for the transferable tax credits have been met, the Office shall notify the [producer] production company that the transferable tax credits will be issued. Within 30 days after the receipt of the notice, the [producer] production company shall make an irrevocable declaration of the amount of transferable tax credits that will be applied to each fee or tax set forth in subsection 1, thereby accounting for all of the credits which will be issued. Upon receipt of the declaration, the Office shall issue to the [eligible producer] production company a certificate of transferable tax credits in the amount approved by the Office for the fees or taxes included in the declaration of the [producer.] production company. The [producer] production company shall notify the Office upon transferring any of the transferable tax credits. The Office shall notify the Department and the State Gaming Control Board of all transferable tax credits issued, segregated by each fee or tax set forth in subsection 1, and the amount of any transferable tax credits transferred.

      7.  An applicant for transferable tax credits pursuant to this section shall, upon the request of the Executive Director of the Office, furnish the Executive Director with copies of all records necessary to verify that the applicant meets the requirements of subsection 3.

      8.  The Office:

      (a) Shall adopt regulations prescribing:

             (1) Any additional requirements to receive transferable tax credits;

             (2) Any additional qualified expenditures or production costs that may serve as the basis for transferable tax credits pursuant to NRS 360.7591;

             (3) Any additional information that must be included with an application pursuant to subsection 4;

             (4) The application review process;

             (5) Any type of qualified production which, due to obscene or sexually explicit material, is not eligible for transferable tax credits; and

             (6) The requirements for notice pursuant to NRS 360.7595; and

      (b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598, inclusive [.] , and sections 2 and 3 of this act.

      9.  The Nevada Tax Commission and the Nevada Gaming Commission:

      (a) Shall adopt regulations prescribing the manner in which transferable tax credits will be administered.

      (b) May adopt any other regulations that are necessary to carry out the provisions of NRS 360.758 to 360.7598, inclusive [.] , and sections 2 and 3 of this act.

 


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      Sec. 11. NRS 360.7591 is hereby amended to read as follows:

      360.7591  1.  Qualified direct production expenditures [and production costs that may serve as a basis for transferable tax credits issued pursuant to NRS 360.759] must be for purchases , rentals or leases of tangible personal property or services from a Nevada business on or after the date on which an applicant submits an application for the transferable tax credits, must be customary and reasonable and must relate to:

      (a) Set construction and operation;

      (b) Wardrobe and makeup;

      (c) Photography, sound and lighting;

      (d) Filming, film processing and film editing;

      (e) The rental or leasing of facilities, equipment and vehicles;

      (f) Food and lodging;

      (g) Editing, sound mixing, special effects, visual effects and other postproduction services;

      (h) The payroll for Nevada residents or other personnel who provided services in this State;

      (i) Payment for goods or services provided by a Nevada business;

      (j) The design, construction, improvement or repair of property, infrastructure, equipment or a production or postproduction facility;

      (k) State and local government taxes to the extent not included as part of another cost reported pursuant to this section;

      (l) Fees paid to a producer who is a Nevada resident; and

      (m) Any other transaction, service or activity authorized in regulations adopted by the Office of Economic Development pursuant to NRS 360.759.

      2.  Expenditures and costs:

      (a) Related to:

             (1) The acquisition, transfer or use of transferable tax credits;

             (2) Marketing and distribution;

             (3) Financing, depreciation and amortization;

             (4) The payment of any profits as a result of the qualified production;

             (5) The payment for the cost of the audit required by NRS 360.759; and

             (6) The payment for any goods or services that are not directly attributable to the qualified production;

      (b) For which reimbursement is received, or for which reimbursement is reasonably expected to be received;

      (c) Which are paid to a joint venturer or a parent, subsidiary or other affiliate of the production company, unless the amount paid represents the fair market value of the purchase, rental or lease of the property or services for which payment is made;

      (d) Which provide a pass-through benefit to a person who is not a Nevada resident; or

      [(d)](e) Which have been previously claimed as a basis for transferable tax credits,

Ê are not qualified direct production expenditures and are not eligible to serve as a basis for transferable tax credits issued pursuant to NRS 360.759.

      3.  If any tangible personal property is acquired by a Nevada business from a vendor outside this State for immediate resale, rental or lease to a production company that produces a qualified production, expenditures incurred by the production company for the purchase, rental or lease of the property are qualified direct production expenditures if:

 


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      (a) The Nevada business regularly deals in property of that kind;

      (b) The expenditures are otherwise qualified direct production expenditures under the provisions of this section; and

      (c) Not more than 50 percent of the property purchased, rented or leased by the production company for the qualified production is acquired and purchased, rented or leased in the manner described in this subsection.

      Sec. 12. NRS 360.7592 is hereby amended to read as follows:

      360.7592  1.  Except as otherwise provided in subsection [3] 4 and NRS 360.7593 and 360.7594, the base amount of transferable tax credits issued to an eligible [producer] production company pursuant to NRS 360.759 must equal 15 percent of the [cumulative] qualified direct production expenditures . [and production costs.]

      2.  Except as otherwise provided in [subsection] subsections 3 and 4 and NRS 360.7594, in addition to the base amount calculated pursuant to subsection 1, transferable tax credits issued to an eligible [producer] production company pursuant to NRS 360.759 must include credits in an amount equal to:

      (a) An additional [2] 5 percent of the [cumulative] qualified direct production expenditures [and production costs] if more than 50 percent of the below-the-line personnel of the qualified production are Nevada residents; and

      (b) An additional [2] 5 percent of the [cumulative] qualified direct production expenditures [and production costs] if more than 50 percent of the filming days of the qualified production occurred in a county in this State in which, in each of the 2 years immediately preceding the date of application, qualified productions incurred less than $10,000,000 of qualified direct production expenditures.

      3.  For the purposes of paragraph (a) of subsection 2:

      (a) Except as otherwise provided in paragraph (b) of this subsection, the percentage of the below-the-line personnel who are Nevada residents must be determined by dividing the number of workdays worked by Nevada residents by the number of workdays worked by all below-the-line personnel.

      (b) Any work performed by an extra must not be considered in determining the percentage of the below-the-line personnel who are Nevada residents.

      4.  The Office may:

      (a) Reduce the cumulative amount of transferable tax credits that are calculated pursuant to this section by an amount equal to any damages incurred by the State or any political subdivision of the State as a result of a qualified production that is produced in this State; or

      (b) Withhold the transferable tax credits, in whole or in part, until any pending legal action in this State against a [producer] production company or involving a qualified production is resolved.

      Sec. 13. NRS 360.7593 is hereby amended to read as follows:

      360.7593  1.  In calculating the base amount of transferable tax credits pursuant to subsection 1 of NRS 360.7592:

      (a) Wages and salaries, including fringe benefits, paid to above-the-line personnel who are not Nevada residents must be included in the calculation at a rate of 12 percent.

      (b) Wages and salaries, including fringe benefits, paid to below-the-line personnel who are not Nevada residents:

 


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             (1) For the period beginning January 1, 2014, and ending December 31, [2015,] 2014, must be included in the calculation at a rate of 12 percent.

             (2) For the period beginning January 1, [2016,] 2015, and ending December 31, [2016,] 2015, must be included in the calculation at a rate of 10 percent.

             (3) For the period beginning January 1, [2017,] 2016, and ending December 31, [2017,] 2016, must be included in the calculation at a rate of 8 percent.

             (4) For the period beginning January 1, 2017, must not be included in the calculation.

      2.  As used in this section, “fringe benefits” means employee expenses paid by an employer for the use of a person’s services, including, without limitation, payments made to a governmental entity, union dues, health insurance premiums, payments to a pension plan and payments for workers’ compensation insurance.

      Sec. 14. NRS 360.7594 is hereby amended to read as follows:

      360.7594  1.  Except as otherwise provided in this subsection, the Office of Economic Development shall not approve any application for transferable tax credits submitted pursuant to NRS 360.759 [:

      (a) If] if approval of the application would cause the total amount of transferable tax credits approved pursuant to NRS 360.759 for the current fiscal year to exceed [$10,000,000.

      (b) Received on or after January 1, 2018.] the amount appropriated or authorized for expenditure for that purpose for that fiscal year. If the Office does not approve transferable tax credits of the full amount so appropriated or authorized during any fiscal year, the remaining amount of transferable tax credits must be carried forward and made available for approval during the immediately following 2 fiscal years.

      2.  The transferable tax credits issued to any [producer] production company for any qualified production pursuant to NRS 360.759:

      (a) Must not exceed a total amount of $6,000,000; and

      (b) Expire 4 years after the date on which the transferable tax credits are issued to the [producer.] production company.

      3.  For the purposes of calculating qualified direct production expenditures : [and production costs:]

      (a) The compensation payable to all producers who are Nevada residents must not exceed 10 percent of the portion of the total budget of the qualified production that was expended in or attributable to any expenses incurred in this State.

      (b) The compensation payable to all producers who are not Nevada residents must not exceed 5 percent of the portion of the total budget of the qualified production that was expended in or attributable to any expenses incurred in this State.

      (c) The compensation payable to any employee, independent contractor or any other person paid a wage or salary as compensation for providing labor services on the production of the qualified production must not exceed $750,000.

      Sec. 15.  NRS 360.7595 is hereby amended to read as follows:

      360.7595  1.  [An application for a certificate of eligibility for transferable tax credits submitted pursuant to NRS 360.759 must be submitted not earlier than 90 days before the date of commencement of principal photography of the qualified production, if any.

 


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principal photography of the qualified production, if any. The Office of Economic Development shall prescribe by regulation the procedure for determining the date of commencement of qualified productions that do not include photography for the purposes of this section.

      2.]  If the Office of Economic Development receives an application for transferable tax credits pursuant to NRS 360.759, the Office shall, not later than [30] 10 days before a hearing on the application, provide notice of the hearing to:

      (a) The applicant;

      (b) The Department; and

      (c) The State Gaming Control Board.

      [3.]2.  The notice required by this section must set forth the date, time and location of the hearing on the application. The date of the hearing must be not later than 60 days after the Office receives the completed application.

      [4.]3.  The Office shall issue a decision on the application not later than 30 days after the conclusion of the hearing on the application.

      [5.  The producer of]

      4.  Except as otherwise provided in this subsection, if the application is approved, principal photography of the qualified production must begin not more than 90 days after the date on which the decision on the application is issued. The Office of Economic Development:

      (a) Shall prescribe by regulation the procedure for determining the date of commencement of qualified productions that do not include photography for the purposes of this section.

      (b) May extend by not more than 90 days the period otherwise prescribed by this subsection.

      5.  A production company that produces a qualified production shall submit [all accountings] the audit required by NRS 360.759 and all other required information to the Office and the Department [not later than 30 days after completion of the qualified production.] within the time required by paragraph (e) of subsection 3 of NRS 360.759. Production of the qualified production must be completed within [1 year] 18 months after the date of commencement of principal photography. If the Office or the Department determines that information submitted pursuant to this subsection is incomplete, the [producer] production company shall, not later than 30 days after receiving notice that the information is incomplete, provide to the Office or the Department, as applicable, all additional information required by the Office or the Department.

      6.  The Office shall give priority to the approval and processing of an application [submitted by the producer of] relating to a qualified production that promotes tourism in the State of Nevada.

      Sec. 16.  NRS 360.7596 is hereby amended to read as follows:

      360.7596  1.  For the purpose of encouraging local economic development, the governing body of a city or county may [, on or before December 31, 2017,] grant to a [producer of] production company that produces a qualified production for which a certificate of eligibility for transferable tax credits has been approved pursuant to NRS 360.759 an abatement of all or any percentage of the amount of any permitting fee or licensing fee which the local government is authorized to impose or charge pursuant to chapter 244 or 268 of NRS.

      2.  Before granting any abatement pursuant to this section, the governing body of the city or county must provide by ordinance for a pilot project for granting abatements to [producers of qualified productions] production companies for which a certificate of eligibility for transferable tax credits has been approved pursuant to NRS 360.759.

 


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project for granting abatements to [producers of qualified productions] production companies for which a certificate of eligibility for transferable tax credits has been approved pursuant to NRS 360.759.

      3.  A governing body of a city or county that grants an abatement pursuant to this section shall, on or before October 1 of each year in which such an abatement is granted, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes, for the immediately preceding fiscal year:

      (a) The number of qualified productions produced within the jurisdiction of the governing body for which a certificate of eligibility for transferable tax credits was approved;

      (b) The number and dollar value of the abatements granted by the governing body pursuant to this section;

      (c) The number of persons within the jurisdiction of the governing body that were employed by each qualified production and the amount of wages paid to those persons; and

      (d) The period during which each qualified production was produced within the jurisdiction of the governing body.

      Sec. 17. NRS 360.7597 is hereby amended to read as follows:

      360.7597  1.  A [producer] production company that is found to have submitted any false statement, representation or certification in any document submitted for the purpose of obtaining transferable tax credits or who otherwise becomes ineligible for transferable tax credits after receiving the transferable tax credits pursuant to NRS 360.759 shall repay to the Department or the State Gaming Control Board, as applicable, any portion of the transferable tax credits to which the [producer] production company is not entitled.

      2.  Transferable tax credits purchased in good faith are not subject to forfeiture or repayment by the transferee unless the transferee submitted fraudulent information in connection with the purchase.

      Sec. 18. NRS 360.7598 is hereby amended to read as follows:

      360.7598  The Office of Economic Development shall, on or before October 1 of each year, prepare and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature an annual report which includes, for the immediately preceding fiscal year:

      1.  The number of applications submitted for transferable tax credits pursuant to NRS 360.759;

      2.  The number of qualified productions for which transferable tax credits were approved;

      3.  The amount of transferable tax credits approved;

      4.  The amount of transferable tax credits used;

      5.  The amount of transferable tax credits transferred;

      6.  The amount of transferable tax credits taken against each allowable fee or tax, including the actual amount used and outstanding, in total and for each qualified production;

      7.  The total amount of the qualified [expenses and production costs] direct production expenditures incurred by each qualified production and the portion of those [expenses and costs] expenditures that were incurred in Nevada;

      8.  The number of persons in Nevada employed by each qualified production and the amount of wages paid to those persons; and

 


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ê2015 Statutes of Nevada, Page 1109 (Chapter 232, SB 94)ê

 

      9.  The period during which each qualified production was in Nevada and employed persons in Nevada.

      Sec. 19. Section 19 of chapter 491, Statutes of Nevada 2013, at page 3097, is hereby amended to read as follows:

       Sec. 19.  [1.]  This act becomes effective upon passage and approval for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and on January 1, 2014, for all other purposes.

       [2.  This act expires by limitation on June 30, 2023.]

      Sec. 20.  The amendatory provisions of sections 12, 13 and 14 of this act apply only to a calculation of transferable tax credits conducted on or after July 1, 2015.

      Sec. 21.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 22.  This act becomes effective on July 1, 2015.

________

CHAPTER 233, SB 112

Senate Bill No. 112–Committee on Commerce, Labor and Energy

 

CHAPTER 233

 

[Approved: May 27, 2015]

 

AN ACT relating to telecommunications; authorizing, rather than requiring, the Public Utilities Commission of Nevada to establish certain standards of performance for and the imposition of penalties against a telecommunication provider; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Public Utilities Commission of Nevada to adopt regulations which establish: (1) standards of performance and reporting requirements regarding the provision of interconnection, unbundled network elements and resold services to encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and (2) penalties and expedited procedures for imposing those penalties upon a telecommunication provider for actions that are inconsistent with the standards of performance. (NRS 704.6881) Pursuant to that requirement, the Commission has adopted regulations setting forth the standards of performance and penalties for nonrural incumbent local exchange carriers. (NAC 704.6803-704.680315) Section 2.5 of this bill amends existing law to make the adoption of those regulations discretionary rather than mandatory.

 

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. 2.5. NRS 704.6881 is hereby amended to read as follows:

      704.6881  The Commission [shall,] may, by regulation:

 


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ê2015 Statutes of Nevada, Page 1110 (Chapter 233, SB 112)ê

 

      1.  Establish standards of performance and reporting regarding the provision of interconnection, unbundled network elements and resold services, which encourage competition and discourage discriminatory conduct in the provision of local telecommunication services; and

      2.  Notwithstanding the provisions of NRS 703.320 to the contrary, establish penalties and expedited procedures for imposing penalties upon a telecommunication provider for actions that are inconsistent with the standards established by the Commission pursuant to subsection 1 [.] , if any. Such penalties may include financial payment to the complaining telecommunication provider for a violation of the standards established by the Commission pursuant to subsection 1, if any, provided that any penalty paid must be deducted, with interest, from any other award under any other judicial or administrative procedure for the same conduct in the same reporting period. Any penalty imposed pursuant to this subsection is in lieu of the administrative fine set forth in NRS 703.380 and must be:

      (a) Imposed for violating a standard or standards established by regulations of the Commission pursuant to subsection 1;

      (b) Determined by the Commission to further the goal of encouraging competition or discouraging discriminatory conduct; and

      (c) In an amount reasonable to encourage competition or discourage discriminatory conduct.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 704.6884 is hereby amended to read as follows:

      704.6884  The provisions of NRS 704.6881 to 704.6884, inclusive, must not be construed to exempt telecommunication providers from any other applicable statute of this State or the United States relating to consumer and antitrust protections. The exemption provided in paragraph (c) of subsection 3 of NRS 598A.040 does not apply to conduct of, or actions taken by, a telecommunication provider in violation of the standards established pursuant to subsection 1 of NRS 704.6881 [.] , if any.

      Secs. 5-7. (Deleted by amendment.)

      Sec. 8.  This act becomes effective on July 1, 2015.

________

 

 

 


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ê2015 Statutes of Nevada, Page 1111ê

 

CHAPTER 234, SB 127

Senate Bill No. 127–Senator Settelmeyer

 

CHAPTER 234

 

[Approved: May 27, 2015]

 

AN ACT relating to motor vehicles; revising provisions governing the issuance by the Department of Motor Vehicles of a refund or credit for certain fees and taxes paid upon the transfer or cancellation of vehicle registration in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a person who has registered his or her vehicle with the Department of Motor Vehicles may transfer that registration to another vehicle upon filing an application for transfer of registration. In computing the registration fee and governmental services tax due on the vehicle to which the registration is transferred, the Department must credit against the amounts due the portion of the registration fee and governmental services tax paid on the vehicle from which the registration is being transferred attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis. If the amount owed on the registration fee or governmental services tax on the vehicle to which the registration is transferred is less than the credit on the registration fee or governmental services tax paid on the vehicle from which the registration is transferred, no refund may be allowed by the Department. (NRS 482.399) Section 1 of this bill provides that, if the amount owed on the registration fee or governmental services tax on the vehicle to which the registration is transferred is less than the credit on the registration fee or governmental services tax paid on the vehicle from which the registration is transferred, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the registration was transferred was due to expire.

      Existing law also provides that a person who cancels his or her registration and surrenders to the Department the license plates for that vehicle under certain circumstances may be eligible for a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. To be eligible for such a refund, the amount of the refund must exceed $100 and the person must: (1) request the refund at the time the registration is cancelled and the license plates are returned; (2) be a resident of this State; and (3) provide evidence to the Department of extenuating circumstances. (NRS 482.399) Section 1 provides that the Department must issue to a person who is not eligible for such a refund a credit equal to the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person and any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained the refund was due to expire.

 


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ê2015 Statutes of Nevada, Page 1112 (Chapter 234, SB 127)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 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, [no refund may be allowed by the Department.] the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

 


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ê2015 Statutes of Nevada, Page 1113 (Chapter 234, SB 127)ê

 

unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040 , [and] subsection 7 of NRS 482.260 [,] and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall [, in] :

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis [.] ; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 2. NRS 482.483 is hereby amended to read as follows:

      482.483  In addition to any other applicable fee listed in NRS 482.480, there must be paid to the Department:

      1.  Except as otherwise provided in subsection 3, for every trailer or semitrailer having an unladen weight of 1,000 pounds or less, a flat registration fee of $12.

 


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ê2015 Statutes of Nevada, Page 1114 (Chapter 234, SB 127)ê

 

      2.  Except as otherwise provided in subsection 3, for every trailer having an unladen weight of more than 1,000 pounds, a flat registration fee of $24.

      3.  For any full trailer or semitrailer, other than a recreational vehicle or travel trailer, for a nontransferable registration that does not expire until the owner transfers the ownership of the full trailer or semitrailer, a flat nonrefundable registration fee of $24. If, pursuant to NRS 482.399, the owner of a full trailer or semitrailer that is registered pursuant to this section cancels the registration and surrenders the license plates to the Department, no portion of the flat registration fee will be refunded or credited to the owner.

      Sec. 3.  As soon as practicable, but not later than January 1, 2016, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 4.  This act becomes effective:

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

      2.  For all other purposes, upon the earlier of:

      (a) January 1, 2016; or

      (b) The date on which the Director of the Department of Motor Vehicles, pursuant to section 3 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act.

________

CHAPTER 235, SB 155

Senate Bill No. 155–Senators Goicoechea, Gustavson and Settelmeyer

 

CHAPTER 235

 

[Approved: May 27, 2015]

 

AN ACT relating to implements of husbandry; providing for the refund of certain taxes paid by a farmer or rancher on bulk purchases of special fuels; revising the definition of “implement of husbandry”; revising certain provisions relating to farm vehicles and implements of husbandry; revising certain provisions relating to the operation, towing or transportation of implements of husbandry on the highways of this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a person who the Department of Motor Vehicles determines is a bona fide farmer or rancher to claim a refund of 80 percent of the taxes paid by the farmer or rancher on bulk purchases of motor vehicle fuel without the necessity of maintaining records of use pertaining to such motor vehicle fuel. (NRS 365.445) Section 1 of this bill authorizes a farmer or rancher to claim a similar refund of taxes paid on bulk purchases of special fuel.

 


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ê2015 Statutes of Nevada, Page 1115 (Chapter 235, SB 155)ê

 

      Under existing law, implements of husbandry, which are certain vehicles used for agricultural purposes and which may incidentally be operated on the highways of this State, are exempt from certain requirements concerning motor vehicle registration. (NRS 482.210) Section 6 of this bill consolidates into the term “implement of husbandry” the vehicles and agricultural equipment variously described in existing law as “farm equipment,” “farm tractors” and “implements of husbandry,” and includes within the term those farm vehicles that are used exclusively by a farmer or rancher for agricultural purposes on the farm or ranch. Section 6 also excludes from the definition of “implement of husbandry” certain vehicles, including: (1) farm vehicles, other than farm vehicles used exclusively by a farmer or rancher for agricultural purposes on the farm or ranch; (2) truck tractors, motor trucks and vehicles designed for use on a controlled access highway; (3) vehicles used in the operation of a common motor carrier or contract motor carrier; (4) vehicles used for both personal purposes and agricultural purposes; (5) feed or water trucks used even incidentally for purposes other than agricultural purposes; and (6) vehicles registered for operation interstate. Sections 2, 4 and 7-9 of this bill make conforming changes.

      Section 5 of this bill revises provisions governing the operation, towing and transportation of implements of husbandry on the highways of this State to require, under certain circumstances, that a person who engages in such activity apply for and obtain from the Department a farm license plate which must be displayed on the implement of husbandry. Section 5 also revises the fee for a farm license plate to provide that the fee is $100 for a permanent farm plate rather than the existing annual fee of $20.50. Under section 5, the Department of Motor Vehicles may suspend or revoke a farm license plate if the person to whom it is issued fails to maintain certain liability insurance as required by existing law. Finally, section 5 provides that, instead of a farm license plate, a reflective placard for slow-moving vehicles approved by the United States Department of Transportation may be displayed on certain implements of husbandry that are operated or transported on the highways of this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 366 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any person determined by the Department to be a bona fide farmer or rancher, not engaged in other activities which would distort his or her highway usage, may claim a refund only on the basis of 80 percent of his or her bulk purchases of special fuel, without the necessity of maintaining records of use.

      2.  Any farmer or rancher desiring to claim a refund under the provisions of this section must first secure a permit from the Department, and such a permit shall bind the permittee to file claims for refunds under the provisions of this section until a request has been made for a change of basis for filing, which request has been approved by the Department.

      3.  The provisions of this section do not exempt any person from any requirement to maintain records of use otherwise applicable to bulk purchases pursuant to any other state or federal law.

      4.  The Department may adopt such regulations as it determines necessary to carry out the purposes of this section, including, without limitation, any regulations relating to the determination of the amount of the refund available to a person who claims a refund pursuant to this section and who files a request for reimbursement pursuant to NRS 373.083.

 


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ê2015 Statutes of Nevada, Page 1116 (Chapter 235, SB 155)ê

 

the refund available to a person who claims a refund pursuant to this section and who files a request for reimbursement pursuant to NRS 373.083.

      5.  For the purposes of this section, “bulk purchases” means purchases of more than 50 gallons of special fuel which are not placed directly into the tanks of motor vehicles.

      Sec. 2. NRS 366.203 is hereby amended to read as follows:

      366.203  1.  Special fuel, other than compressed natural gas, liquefied petroleum gas or kerosene, which is exempt from the tax pursuant to subsection 3 or 4 of NRS 366.200 must be dyed before it is removed for distribution from a rack. The dye added to the exempt special fuel must be of the color and concentration required by the regulations adopted by the Secretary of the Treasury pursuant to 26 U.S.C. § 4082.

      2.  Except as otherwise provided in subsections 3 and 4, a person shall not operate or maintain on any highway in this State a motor vehicle which contains dyed special fuel in the fuel tank of that vehicle. A person who operates or maintains a motor vehicle in violation of this subsection and the registered owner of the motor vehicle are jointly and severally liable for any taxes, penalties and interest payable to the Department.

      3.  A person who, pursuant to subsection 2, 3 or 4 of NRS 366.200, is exempt from the tax imposed by this chapter may operate or maintain a motor vehicle on a highway in this State which contains dyed special fuel in the fuel tank of that motor vehicle.

      4.  A person may operate or maintain on a highway in this State any special mobile equipment that is incidentally operated or moved upon a highway or [farm equipment] an implement of husbandry which contains dyed special fuel in the fuel tank of the special mobile equipment or [farm equipment.] implement of husbandry. As used in this subsection:

      (a) [“Farm equipment” means any self-propelled machinery or motor vehicle that is designed solely for tilling soil or for cultivating, harvesting or transporting crops or other agricultural products and which is not required to be registered with the Department. The term includes a tractor, baler or swather, any implement used to retrieve hay, or any special mobile equipment that is used for farming purposes. The term does not include a truck-tractor or any other vehicle primarily used for hauling loads long distances over a public highway.

      (b)] “Highway” does not include a controlled-access highway as defined in NRS 484A.060.

      [(c) “Truck-tractor” has the meaning ascribed to it in NRS 482.130.

      (d) “Vehicle” has the meaning ascribed to it in NRS 482.135.]

      (b) “Implement of husbandry” has the meaning ascribed to it in NRS 484D.020.

      5.  There is a rebuttable presumption that all special fuel which is not dyed special fuel and which is sold or distributed in this State is for the purpose of propelling a motor vehicle.

      6.  The Department shall, by regulation, define “incidentally operated or moved upon a highway” for purposes of this section.

      Sec. 3. NRS 482.036 is hereby amended to read as follows:

      482.036  “Farm vehicle” means any vehicle or combination of vehicles which is:

 


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ê2015 Statutes of Nevada, Page 1117 (Chapter 235, SB 155)ê

 

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport [his or her own] livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      3.  Not used in the operation of a common motor carrier or contract motor carrier.

      Sec. 4. NRS 482.210 is hereby amended to read as follows:

      482.210  1.  The provisions of this chapter requiring the registration of certain vehicles do not apply to:

      (a) Special mobile equipment.

      (b) Implements of husbandry . [temporarily drawn, moved or otherwise propelled upon the highways.]

      (c) Any mobile home or commercial coach subject to the provisions of chapter 489 of NRS.

      (d) Electric bicycles.

      (e) Golf carts which are:

             (1) Traveling upon highways properly designated by the appropriate city or county as permissible for the operation of golf carts; and

             (2) Operating pursuant to a permit issued pursuant to this chapter.

      (f) Mopeds.

      (g) Towable tools or equipment as defined in NRS 484D.055.

      (h) Any motorized conveyance for a wheelchair, whose operator is a person with a disability who is unable to walk about.

      2.  For the purposes of this section, “motorized conveyance for a wheelchair” means a vehicle which:

      (a) Can carry a wheelchair;

      (b) Is propelled by an engine which produces not more than 3 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 2250 watts final output;

      (c) Is designed to travel on not more than three wheels; and

      (d) Can reach a speed of not more than 30 miles per hour on a flat surface with not more than a grade of 1 percent in any direction.

Ê The term does not include a tractor.

      Sec. 5. NRS 482.276 is hereby amended to read as follows:

      482.276  Notwithstanding any provision of this chapter to the contrary:

      1.  Any agricultural user who wishes [to obtain a license plate and decal] to operate [a farm tractor or self-propelled] or tow an implement of husbandry which is designed to operate at a speed of 25 miles per hour or more on the highways of this State, to operate an implement of husbandry on [the highways] a highway of this State [may] with a posted speed limit greater than 35 miles per hour or to transport a nonmotorized implement of husbandry on the highways of this State must submit an application to the Motor Carrier Division of the Department [.] and obtain from the Division a farm license plate. Each application must be made upon the appropriate form furnished by the Department. The application must include a nonrefundable fee of [$20.50] $100 plus the amount of the fee prescribed by NRS 482.268 and evidence satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance which provides at least $300,000 in coverage for bodily injury and property damage resulting from any single accident caused by the agricultural user while operating the [farm tractor or self-propelled] implement of husbandry [.] on the highways of this State. As soon as practicable after receiving the application, fee and evidence of insurance, the Department shall issue the farm license plate [and decal] to the agricultural user to affix to the [farm tractor or self-propelled] implement of husbandry.

 


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ê2015 Statutes of Nevada, Page 1118 (Chapter 235, SB 155)ê

 

application, fee and evidence of insurance, the Department shall issue the farm license plate [and decal] to the agricultural user to affix to the [farm tractor or self-propelled] implement of husbandry. [A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal.] The farm license plate [and decal are] is not transferable and must be surrendered or returned to the Department within 60 days after [:

      (a) A] a transfer of ownership or interest in the [farm tractor or self-propelled] implement of husbandry occurs . [; or

      (b) The decal expires pursuant to this subsection and the agricultural user fails to submit an application for renewal pursuant to subsection 2.]

      2.  [An application for the renewal of] The Department shall suspend a farm license plate [and decal] issued pursuant to subsection 1 [must be made upon the appropriate form furnished by the Department. The application for renewal must include a nonrefundable fee of $10 and evidence satisfactory to the Department that the agricultural user is] and require the return of the license plate to the Department if the agricultural user is not the holder of a policy of liability insurance specified in subsection 1. [As soon as practicable after receiving the application for renewal, fee and] The Department shall reissue the farm license plate only upon evidence [of] satisfactory to the Department that the agricultural user is the holder of a policy of liability insurance [, the Department shall issue a new decal to affix to the license plate. A decal issued pursuant to this subsection expires on December 31 of the year in which the Department issues the decal.] which meets the requirements of subsection 1 and the payment of a nonrefundable fee of $100 plus the amount of the fee prescribed by NRS 482.268.

      3.  A farm license plate issued pursuant to subsection 1 must be displayed on the [farm tractor or self-propelled] implement of husbandry in such a manner that the license plate is easily visible from the rear of the [farm tractor or self-propelled] implement of husbandry. If the farm license plate is lost or destroyed, the Department may issue a replacement plate upon the payment of [a fee of 50 cents.] the fee prescribed by NRS 482.268. [If the decal is lost or destroyed, the Department may, upon the payment of the fee specified in subsection 2, issue a replacement decal for the farm tractor or self-propelled implement of husbandry.]

      4.  Any motorized implement of husbandry designed to operate at a speed of 25 miles per hour or less and which is operated on the highways of this State must display a farm license plate issued pursuant to subsection 1 or a reflective placard for slow-moving vehicles that is approved for such use by the United States Department of Transportation.

      5.  Any nonmotorized implement of husbandry transported on the highways of this State must be transported in combination with a properly registered motor vehicle or a motorized implement of husbandry which displays a farm license plate issued pursuant to subsection 1 or a reflective placard for slow-moving vehicles that is approved for such use by the United States Department of Transportation.

      6.  If an implement of husbandry displays a reflective placard for slow-moving vehicles as authorized by subsection 4 or 5, the placard must be displayed on the rear of the implement of husbandry as near as practicable to the center of the implement of husbandry, must be entirely visible in daylight and must be visible at night from all distances between 100 feet and 600 feet from the rear when directly in front of lawful upper-beam headlamps.

 


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ê2015 Statutes of Nevada, Page 1119 (Chapter 235, SB 155)ê

 

upper-beam headlamps. The display of such a placard is in addition to any warning device otherwise required by chapters 484A to 484E, inclusive, of NRS, including, without limitation, any tail lamps, reflectors, flashing lights or warning flags. A placard displayed pursuant to this section must not be used as a clearance marker for wide equipment.

      7.  Notwithstanding any provision of chapter 445B of NRS to the contrary, an agricultural user is not required to obtain a certificate of compliance or vehicle inspection report concerning the control of emissions from [a farm tractor or self-propelled] an implement of husbandry before obtaining a farm license plate [and decal] for or operating the [farm tractor or self-propelled] implement of husbandry pursuant to this section.

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

      (a) “Agricultural user” means any person who owns or operates [a farm tractor or self-propelled] an implement of husbandry specified in subsection 1 for an agricultural use. As used in this subsection, “agricultural use” has the meaning ascribed to it in NRS 361A.030.

      (b) “Implement of husbandry” has the meaning ascribed to it in NRS 484D.020.

      Sec. 6. NRS 484D.020 is hereby amended to read as follows:

      484D.020  1.  “Implement of husbandry” means [every] a vehicle manufactured, designed [and adapted] or reconstructed exclusively for agricultural [, horticultural or livestock-raising] operations [or for lifting or carrying an implement of husbandry and in either case] and primarily designed for off-highway use. An implement of husbandry is not subject to registration if used upon the highways [.] of this State.

      2.  The term includes:

      (a) A farm vehicle that is used by a farmer or rancher exclusively for agricultural purposes on the farm or ranch of the farmer or rancher;

      (b) A farm tractor;

      (c) A self-propelled application-type vehicle, including a combine, self-propelled forage harvester or self-propelled fertilizer application implement;

      (d) A farm wagon, farm trailer or trailer adapted to tow or pull another implement of husbandry;

      (e) Any vehicle used by a farmer or rancher exclusively to feed or water livestock; and

      (f) Any other equipment substantially similar to the equipment described in paragraphs (a) to (e), inclusive, and used to transport agricultural products necessary for agricultural production.

      3.  The term does not include:

      (a) Except as otherwise provided in paragraph (a) of subsection 2, a farm vehicle;

      (b) A truck tractor, motor truck or any vehicle designed for use on a controlled access highway;

      (c) Any vehicle used in the operation of a common motor carrier or contract motor carrier;

      (d) Any vehicle used for both personal purposes and agricultural purposes;

      (e) Any feed or water truck used even incidentally for purposes other than agricultural purposes; or

      (f) Any vehicle which is registered for operation interstate pursuant to chapter 706 of NRS.

 


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      4.  As used in this section, “farm vehicle” has the meaning ascribed to it in NRS 482.036.

      Sec. 7. NRS 484D.170 is hereby amended to read as follows:

      484D.170  1.  Every [farm tractor and every self-propelled unit of farm equipment or] implement of husbandry manufactured after January 1, 1970, shall be equipped with vehicular hazard-warning lamps of a type described in NRS 484D.205, visible from a distance of not less than 1,000 feet to the front and rear in normal sunlight, which shall be displayed whenever any such vehicle is operated upon a highway.

      2.  Every [farm tractor and every self-propelled unit of farm equipment or] implement of husbandry manufactured after January 1, 1970, shall at all times, and every other such vehicle shall, during the times mentioned in NRS 484D.100, be equipped with lamps and reflectors as follows:

      (a) At least two headlamps meeting the requirements of NRS 484D.210.

      (b) At least one red lamp visible when lighted from a distance of not less than 1,000 feet to the rear, mounted as far to the left of the center of the vehicle as practicable.

      (c) At least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.

      3.  Every combination of farm tractor and towed [farm equipment or] implement of husbandry shall at all times mentioned in NRS 484D.100 be equipped with lamps and reflectors as follows:

      (a) The farm tractor shall be equipped as required in subsections 1 and 2.

      (b) If the towed unit extends more than 4 feet to the rear of the tractor or obscures any lamp on the tractor, such unit shall be equipped on the rear with at least two red reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in front of lawful lower beams of headlamps.

      (c) If the towed unit extends more than 4 feet to the left of the centerline of the tractor, such unit shall be equipped on the front with an amber reflector visible from all distances within 600 feet to 100 feet to the front when directly in front of lawful beams of headlamps. Such reflector shall be so positioned as to indicate, as nearly as practicable, the extreme left projection of the towed unit.

      4.  The two red reflectors required by subsection 3 shall be so positioned as to show from the rear, as nearly as practicable, the extreme width of the vehicle or combination carrying them.

      Sec. 8. NRS 484D.600 is hereby amended to read as follows:

      484D.600  1.  Except as otherwise provided in this section, a person shall not drive, move, stop or park any vehicle or combination of vehicles, and an owner shall not cause or knowingly permit any vehicle or combination of vehicles to be driven, moved, stopped or parked, on any highway if the vehicle or combination of vehicles exceeds in size or weight or gross loaded weight the maximum limitation specified by law for that size, weight and gross loaded weight unless the person or owner is authorized to drive, move, stop or park the vehicle or combination of vehicles by a special permit issued by the proper public authority.

      2.  If the Department of Transportation or a local law enforcement agency determines that an emergency exists, the Department or the local law enforcement agency may authorize a person to drive, move, stop or park a vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1.

 


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ê2015 Statutes of Nevada, Page 1121 (Chapter 235, SB 155)ê

 

vehicle or combination of vehicles without obtaining a special permit pursuant to subsection 1. Such an authorization may be given orally and may, if requested by a local law enforcement agency or a public safety agency, include driving or moving the vehicle or combination of vehicles to and from the site of the emergency. If a person receives such an authorization, the person shall, on the next business day after receiving the authorization, obtain a special permit pursuant to subsection 1.

      3.  This section does not apply to:

      (a) Fire apparatus, highway machinery or snowplows temporarily moved upon a highway.

      (b) [A farm tractor or other] An implement of husbandry temporarily moved upon a highway other than an interstate highway or a controlled-access highway.

      Sec. 9. NRS 706.071 is hereby amended to read as follows:

      706.071  “Farm vehicle” means any vehicle or combination of vehicles which is:

      1.  Controlled and operated by a farmer or rancher;

      2.  Used to transport [the farmer’s or rancher’s own] livestock, agricultural products, or ranch or farm machinery or supplies to or from a ranch or farm; and

      3.  Not used in the operation of a common motor carrier or contract motor carrier.

      Sec. 10.  This act becomes effective:

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

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

________

CHAPTER 236, SB 156

Senate Bill No. 156–Senators Parks, Spearman; Harris and Manendo

 

Joint Sponsors: Assemblymen Carrillo, Joiner and Spiegel

 

CHAPTER 236

 

[Approved: May 27, 2015]

 

AN ACT relating to motor vehicles; providing that a person who drives through a roadblock established because of flooding is liable for the expenses of any emergency response required to assist the driver or any passenger, or to move or remove the vehicle from the area; providing an exception; providing that a person convicted of reckless driving for driving a vehicle into an area that is temporarily covered with water may be liable for the expenses of any emergency response required to assist the driver or any passenger, or to move or remove the vehicle from the area; and providing other matters properly relating thereto.

 

 


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ê2015 Statutes of Nevada, Page 1122 (Chapter 236, SB 156)ê

 

Legislative Counsel’s Digest:

      Under existing law, police officers may establish temporary roadblocks upon the highways of this State to control traffic at or near the scene of a potential or existing emergency or hazard. (NRS 484B.573) A person who unlawfully proceeds through a temporary roadblock shall be punished for a gross misdemeanor, or for a category B felony if the person is the direct cause of a death or substantial bodily harm to any person or damage to property in excess of $1,000. (NRS 484B.580) This bill provides that a person who unlawfully proceeds through a temporary roadblock that is established because of flooding or water on the roadway is liable for the expenses of any emergency response that is required to: (1) remove the driver or any passenger from the vehicle; (2) move or remove the vehicle from the roadway or any area near the roadway where the vehicle creates a hazard; or (3) both (1) and (2). A person is immune from liability for such expenses if the person unlawfully proceeds through a temporary roadblock for the purpose of making a good faith effort to assist another person who is or appears to be in danger as a result of flooding or water on the roadway.

      Existing law provides that certain acts constitute reckless driving, such as driving a vehicle in willful or wanton disregard of the safety of persons or property, or willfully failing or refusing to stop a vehicle when given certain signals by a peace officer. (NRS 484B.550, 484B.653) This bill provides that a person who is convicted of reckless driving for driving a vehicle into any area that is temporarily covered as a result of a rise in water level may be liable for the expenses of any emergency response that is required to: (1) remove the driver or any passenger from the vehicle; (2) move or remove the vehicle from the area; or (3) both (1) and (2).

 

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 484B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsections 4 and 5, a person who, as described in NRS 484B.580, unlawfully proceeds or travels through a temporary roadblock established pursuant to NRS 484B.573 because of flooding or water on the roadway, is liable for the expenses of any emergency response that is required to:

      (a) Remove the driver or any passenger from the vehicle;

      (b) Move or remove the vehicle that becomes inoperable from the roadway or any area near the roadway where the vehicle creates a hazard; or

      (c) Both (a) and (b).

      2.  Except as otherwise provided in subsection 4, a person who is convicted of reckless driving pursuant to NRS 484B.653 for driving a vehicle into any area that is temporarily covered by a rise in water level as a result of flooding or any other cause, may be liable for the expenses of any emergency response that is required to:

      (a) Remove the driver or any passenger from the vehicle;

      (b) Move or remove the vehicle that becomes inoperable from the area; or

      (c) Both (a) and (b).

      3.  The liability imposed by this section is in addition to and does not limit any other liability that may be imposed in accordance with law.

      4.  A person’s liability for the expenses of any emergency response pursuant to this section must not exceed $2,000 for a single incident.

 


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      5.  A person who violates subsection 1 as a result of making a good faith effort to assist a person who is or appears to be in danger because of flooding or water on the roadway is immune from the liability imposed by this section.

      6.  An insurance policy may exclude coverage for a person’s liability for the expenses of any emergency response as described in this section.

      7.  The expenses of any emergency response pursuant to this section are a charge against the person liable for those expenses in accordance with this section. The charge constitutes a debt of that person and may be collected proportionately by the public entities, for profit entities or nonprofit entities that incurred the expenses.

      8.  As used in this section:

      (a) “Expenses of any emergency response” means all reasonable costs and expenses directly incurred by any entity making an appropriate emergency response and removing a person from a vehicle or moving or removing a vehicle pursuant to subsection 1 or 2. The term includes, without limitation:

             (1) The salary or wages of any person participating in the emergency response;

             (2) The deemed wages of any volunteer of a public entity participating in the emergency response; and

             (3) The costs for the use or operation of any equipment used in the emergency response, including, without limitation, the cost of fuel for the equipment.

      (b) The term does not include any fees or charges assessed for the use of an air ambulance or ambulance, as those terms are defined in NRS 450B.030 and 450B.040, respectively.

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

________

CHAPTER 237, SB 157

Senate Bill No. 157–Committee on Government Affairs

 

CHAPTER 237

 

[Approved: May 27, 2015]

 

AN ACT relating to governmental administration; enacting the State and Local Government Cooperation Act; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts the State and Local Government Cooperation Act.

      Section 7 of this bill provides that the purpose of the Act is to encourage communication, cooperation and coordinated working relationships between state agencies and local governments. To carry out this purpose, section 7 provides that state agencies and local governments should, to the extent practicable: (1) inform each other of certain plans or amendments thereto; (2) solicit and consider comments from each other; and (3) consider whether the state agency or local government, as applicable, can make the proposed plan or amendment consistent with certain other plans.

      Sections 5-6 of this bill define “local government,” “plan” and “state agency” for the purposes of the Act.

 


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ê2015 Statutes of Nevada, Page 1124 (Chapter 237, SB 157)ê

 

      Section 9 of this bill provides that nothing in the Act shall be interpreted to limit the power of a state agency or local government to carry out its statutory duties and responsibilities.

 

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 277 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9, inclusive, of this act.

      Sec. 2. Sections 2 to 9, inclusive, of this act may be cited as the State and Local Government Cooperation Act.

      Sec. 3. As used in sections 2 to 9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5, 5.5 and 6 of this act have the meanings ascribed to them in those sections.

      Sec. 4.  (Deleted by amendment.)

      Sec. 5. “Local government” means any county or city.

      Sec. 5.5. “Plan” means:

      1.  In the case of a local government, a master plan adopted by the local government pursuant to NRS 278.160 or any part thereof.

      2.  In the case of a state agency, a plan adopted by the state agency that may affect a master plan, or any part thereof, adopted by the local government pursuant to NRS 278.160.

      Sec. 6. “State agency” means an agency, bureau, board, commission, department, division or any other unit of the Executive Department of State Government.

      Sec. 7. 1.  It is the purpose of the State and Local Government Cooperation Act to encourage communication, cooperation and coordinated working relationships between state agencies and local governments.

      2.  To carry out the purposes set forth in subsection 1:

      (a) If a state agency intends to adopt a plan or an amendment thereto, the state agency should, to the extent practicable:

             (1) Inform local governments that may be affected of the state agency’s intent to adopt a plan or amendment thereto.

             (2) Solicit and consider comments from local governments that may be affected by the plan or amendment thereto.

             (3) If a local government informs the state agency that the proposed plan or amendment thereto will be inconsistent or incompatible with a plan of the local government, consider whether the state agency can make the proposed plan or amendment consistent or compatible with the plan of the local government.

      (b) If a local government intends to adopt a plan or an amendment thereto, the local government should, to the extent practicable:

             (1) Inform state agencies that may be affected of the local government’s intent to adopt a plan or amendment thereto.

             (2) Solicit and consider comments from state agencies that may be affected by the plan or amendment thereto.

 

 


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ê2015 Statutes of Nevada, Page 1125 (Chapter 237, SB 157)ê

 

             (3) If a state agency informs the local government that the proposed plan or amendment thereto will be inconsistent or incompatible with a plan of the state agency, consider whether the local government can make the proposed plan or amendment consistent or compatible with the plan of the state agency.

      Sec. 8.  (Deleted by amendment.)

      Sec. 9. Nothing in the State and Local Government Cooperation Act shall be interpreted to limit the power of a state agency or local government to carry out its statutory duties and responsibilities.

________

CHAPTER 238, SB 208

Senate Bill No. 208–Senators Harris, Hardy, Gustavson, Denis, Farley; Hammond and Settelmeyer

 

CHAPTER 238

 

[Approved: May 27, 2015]

 

AN ACT relating to education; requiring the governing body of a new charter school or a charter school that is expanding enrollment by a certain percentage or opening a new facility to provide notice concerning the application and enrollment process to parents or legal guardians who live within a certain distance from the charter school; revising provisions governing a lottery held to determine which applicants may enroll in a charter school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the formation and operation of charter schools. (NRS 386.490-386.610) Existing law authorizes a charter school to enroll certain children before enrolling children who are otherwise eligible for enrollment and requires a charter school to determine which applicants to enroll on the basis of a lottery system in the event that more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available. (NRS 386.580) With certain exceptions, section 1 of this bill requires the governing body of a new charter school to send notice at least 45 days before the charter school begins accepting applications for enrollment to the home of the parent or legal guardian of any child who resides within 2 miles of the charter school stating when the charter school will begin accepting applications for enrollment and providing certain information concerning the application and enrollment process. Section 1 also requires this notice to be sent when an existing charter school expands enrollment by at least 10 percent or opens a new facility and requires the notice to be provided in the languages primarily spoken in the households to which such notice is provided, to the extent practicable. Section 3.5 of this bill requires a lottery held to determine which applicants may enroll in a charter school to occur not sooner than 45 days after the date on which the charter school begins accepting applications for enrollment unless the sponsor of a charter school determines there is good cause to hold it sooner.

      Existing law authorizes the parent or legal guardian of any child who resides in this State to submit an application for enrollment in a charter school to the governing body of the charter school. (NRS 386.580) Section 3.5 clarifies that a parent or legal guardian is authorized to submit such an application annually.

 


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ê2015 Statutes of Nevada, Page 1126 (Chapter 238, SB 208)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 386 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, at least 45 days before a new charter school for which a contract has been executed pursuant to NRS 386.527 begins accepting applications for enrollment pursuant to NRS 386.580 or at least 45 days before a charter school that is expanding enrollment by at least 10 percent or opening a new facility begins accepting applications for enrollment pursuant to NRS 386.580, the governing body of the charter school shall make a reasonable effort to notify each household located within 2 miles from the charter school regarding:

      (a) When the charter school will begin accepting applications for enrollment;

      (b) How to apply for enrollment; and

      (c) The process for enrollment of pupils.

      2.  If notifying each household within 2 miles from a charter school does not provide a sufficient population density, the governing body of the charter school and the sponsor of the charter school may agree to notify households that are located more than 2 miles from the charter school.

      3.  To the extent practicable, the notice provided pursuant to subsections 1 and 2 must be provided in the languages primarily spoken in the households to which such notice is provided.

      4.  A charter school that is not authorized to enroll more than 250 pupils for all facilities that the charter school operates is not required to comply with the provisions of subsection 1. If the charter school does not comply with these provisions, the charter school must develop an alternative plan to inform households located in the area served by the charter school that it is accepting applications for enrollment.

      5.  If the governing body of a charter school has not acquired a facility to operate the charter school at least 45 days before the date on which the charter school begins accepting applications for enrollment pursuant to NRS 386.580, the sponsor of the charter school may identify a location reasonably believed to be close to where the facility will be located and provide the notification required pursuant to subsection 1 to each household located within 2 miles from this location.

      6.  The sponsor of a charter school may require the charter school to provide documentation of any effort to inform households located in the area served by the charter school that the charter school is accepting applications for enrollment, expanding enrollment or opening a new facility.

      7.  The sponsor of a charter school may revise the timeline for notification prescribed in subsection 1 for good cause.

      Sec. 2. NRS 386.490 is hereby amended to read as follows:

      386.490  As used in NRS 386.490 to 386.649, inclusive, and section 1 of this act, the words and terms defined in NRS 386.492 to 386.503, inclusive, have the meanings ascribed to them in those sections.

 


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ê2015 Statutes of Nevada, Page 1127 (Chapter 238, SB 208)ê

 

      Sec. 2.5. NRS 386.505 is hereby amended to read as follows:

      386.505  The Legislature declares that by authorizing the formation of charter schools it is not authorizing:

      1.  The conversion of an existing public school, homeschool or other program of home study to a charter school.

      2.  A means for providing financial assistance for private schools or programs of home study. The provisions of this subsection do not preclude:

      (a) A private school from ceasing to operate as a private school and reopening as a charter school in compliance with the provisions of NRS 386.490 to 386.649, inclusive [.] , and section 1 of this act.

      (b) The payment of money to a charter school for the enrollment of children in classes at the charter school pursuant to subsection [5] 6 of NRS 386.580 who are enrolled in a public school of a school district or a private school or who are homeschooled.

      3.  The formation of charter schools on the basis of a single race, religion or ethnicity.

      Sec. 3. NRS 386.551 is hereby amended to read as follows:

      386.551  The provisions of NRS 386.490 to 386.649, inclusive, and section 1 of this act, and any other statute or regulation applicable to a charter school or its officers or employees govern the formation and operation of charter schools in this State.

      Sec. 3.5. NRS 386.580 is hereby amended to read as follows:

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

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

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

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

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

 

 


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ê2015 Statutes of Nevada, Page 1128 (Chapter 238, SB 208)ê

 

             (1) Employed by the charter school;

             (2) A member of the committee to form the charter school; or

             (3) A member of the governing body of the charter school;

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

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

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

      3.  Except as otherwise provided in subsection [8,] 9, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

      (c) Religion;

      (d) Ethnicity; or

      (e) Disability,

Ê of a pupil.

      4.  A lottery held pursuant to subsection 1 or 2 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

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

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

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

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

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

 


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

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

      [7.] 8.  The governing body of a charter school may, before authorizing a homeschooled child to participate in a class or extracurricular activity pursuant to subsection [5,] 6, require proof of the identity of the child, including, without limitation, the birth certificate of the child or other documentation sufficient to establish the identity of the child.

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

      (a) With disabilities;

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

      (c) Who are at risk.

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

      Sec. 3.7. NRS 387.123 is hereby amended to read as follows:

      387.123  1.  The count of pupils for apportionment purposes includes all pupils who are enrolled in programs of instruction of the school district, including, without limitation, a program of distance education provided by the school district, pupils who reside in the county in which the school district is located and are enrolled in any charter school, including, without limitation, a program of distance education provided by a charter school, and pupils who are enrolled in a university school for profoundly gifted pupils located in the county, for:

      (a) Pupils in the kindergarten department.

      (b) Pupils in grades 1 to 12, inclusive.

      (c) Pupils not included under paragraph (a) or (b) who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive.

      (d) Pupils who reside in the county and are enrolled part-time in a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      (e) Children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570.

 


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      (f) Pupils who are enrolled in classes pursuant to subsection 5 of NRS 386.560 and pupils who are enrolled in classes pursuant to subsection [5] 6 of NRS 386.580.

      (g) Pupils who are enrolled in classes pursuant to subsection 3 of NRS 392.070.

      (h) Pupils who are enrolled in classes and taking courses necessary to receive a high school diploma, excluding those pupils who are included in paragraphs (d), (f) and (g).

      2.  The State Board shall establish uniform regulations for counting enrollment and calculating the average daily attendance of pupils. In establishing such regulations for the public schools, the State Board:

      (a) Shall divide the school year into 10 school months, each containing 20 or fewer school days, or its equivalent for those public schools operating under an alternative schedule authorized pursuant to NRS 388.090.

      (b) May divide the pupils in grades 1 to 12, inclusive, into categories composed respectively of those enrolled in elementary schools and those enrolled in secondary schools.

      (c) Shall prohibit the counting of any pupil specified in subsection 1 more than once.

      3.  Except as otherwise provided in subsection 4 and NRS 388.700, the State Board shall establish by regulation the maximum pupil-teacher ratio in each grade, and for each subject matter wherever different subjects are taught in separate classes, for each school district of this State which is consistent with:

      (a) The maintenance of an acceptable standard of instruction;

      (b) The conditions prevailing in the school district with respect to the number and distribution of pupils in each grade; and

      (c) Methods of instruction used, which may include educational television, team teaching or new teaching systems or techniques.

Ê If the Superintendent of Public Instruction finds that any school district is maintaining one or more classes whose pupil-teacher ratio exceeds the applicable maximum, and unless the Superintendent finds that the board of trustees of the school district has made every reasonable effort in good faith to comply with the applicable standard, the Superintendent shall, with the approval of the State Board, reduce the count of pupils for apportionment purposes by the percentage which the number of pupils attending those classes is of the total number of pupils in the district, and the State Board may direct the Superintendent to withhold the quarterly apportionment entirely.

      4.  The provisions of subsection 3 do not apply to a charter school, a university school for profoundly gifted pupils or a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      Sec. 3.8. NRS 387.1233 is hereby amended to read as follows:

      387.1233  1.  Except as otherwise provided in subsection 2, basic support of each school district must be computed by:

      (a) Multiplying the basic support guarantee per pupil established for that school district for that school year by the sum of:

             (1) Six-tenths the count of pupils enrolled in the kindergarten department on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year.

 


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             (2) The count of pupils enrolled in grades 1 to 12, inclusive, on the last day of the first school month of the school district for the school year, including, without limitation, the count of pupils who reside in the county and are enrolled in any charter school on the last day of the first school month of the school district for the school year and the count of pupils who are enrolled in a university school for profoundly gifted pupils located in the county.

             (3) The count of pupils not included under subparagraph (1) or (2) who are enrolled full-time in a program of distance education provided by that school district or a charter school located within that school district on the last day of the first school month of the school district for the school year.

             (4) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by a school district or another charter school on the last day of the first school month of the school district for the school year, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

             (5) The count of pupils not included under subparagraph (1), (2), (3) or (4), who are receiving special education pursuant to the provisions of NRS 388.440 to 388.520, inclusive, on the last day of the first school month of the school district for the school year, excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on that day.

             (6) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to subsection 1 of NRS 388.475 on the last day of the first school month of the school district for the school year.

             (7) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570 on the last day of the first school month of the school district for the school year.

             (8) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 5 of NRS 386.560, subsection [5] 6 of NRS 386.580 or subsection 3 of NRS 392.070, expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (2).

      (b) Multiplying the number of special education program units maintained and operated by the amount per program established for that school year.

      (c) Adding the amounts computed in paragraphs (a) and (b).

 


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      2.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the largest number from among the immediately preceding 2 school years must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district on the last day of the first school month of the school district for the school year is more than 95 percent of the enrollment of pupils in the same school district or charter school on the last day of the first school month of the school district for the immediately preceding school year, the larger enrollment number from the current year or the immediately preceding school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district or charter school deliberately causes a decline in the enrollment of pupils in the school district or charter school to receive a higher apportionment pursuant to subsection 2 or 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Distributive School Account to that school district or charter school pursuant to NRS 387.124.

      5.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      6.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing basic support pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      7.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing basic support pursuant to this section.

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

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