[Rev. 10/12/2015 2:02:14 PM]

Link to Page 1354

 

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ê2015 Statutes of Nevada, Page 1355ê

 

CHAPTER 269, SB 162

Senate Bill No. 162–Senator Roberson

 

CHAPTER 269

 

[Approved: May 28, 2015]

 

AN ACT relating to insurance; repealing provisions governing the provision of medical records by a personal injury claimant or a claimant’s attorney upon the request of an insurer or other party against whom a claim is asserted under a policy of insurance covering certain motor vehicles; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a party against whom a claim is asserted for personal injury under a policy of motor vehicle insurance covering a passenger car may require any attorney representing the claimant to provide to the party and his or her insurer or attorney, not more than once every 90 days, all medical reports, records and bills concerning the claim. In lieu of providing such reports, records and bills, the claimant or any attorney representing the claimant may provide a written authorization to receive the reports, records and bills from the provider of health care. Upon receipt of any photocopies of such reports, records and bills, the insurer who issued the policy must, upon request, immediately disclose to the insured or the claimant all pertinent facts or provisions of the policy relating to any coverage at issue. (NRS 690B.042)

      This bill repeals those provisions.

 

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. 3. NRS 690B.042 is hereby repealed.

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

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ê2015 Statutes of Nevada, Page 1356ê

 

CHAPTER 270, SB 197

Senate Bill No. 197–Senator Brower

 

CHAPTER 270

 

[Approved: May 28, 2015]

 

AN ACT relating to liens; prohibiting the filing of a lien or other encumbrance against the property of certain persons under certain circumstances; revising provisions concerning the validity of certain liens filed against certain persons; providing criminal and civil penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the crime of making a false representation concerning title, and provides that a person who makes a false representation concerning title is guilty of a category C felony. If the person engages in a pattern of making false representations concerning title, the person is guilty of a category B felony. In addition, a person who commits this crime is subject to a civil penalty of not more than $5,000, and the owner or the holder of the beneficial interest in the real property may bring a civil action for damages suffered because of the false representation and for attorney’s fees and costs. (NRS 205.395) Existing law also provides that a person who willfully promotes the filing of or causes the filing of a record in the Office of the Secretary of State which is forged or fraudulently altered, contains a false statement of material fact or is filed in bad faith for the purpose of harassing or defrauding any person is liable in a civil action for each violation. (NRS 225.084) Additionally, existing law makes it a category C felony to knowingly procure or offer any false or forged instrument to be filed, registered or recorded in any public office. (NRS 239.330)

      Section 1 of this bill similarly prohibits a person from filing, registering, recording or presenting, in any public office, a lien or other encumbrance against the property of a public officer, candidate for public office, public employee or participant in an official proceeding or a member of the immediate family of such persons, if the lien or encumbrance is forged or fraudulently altered, contains a false statement of material fact or is filed, registered, recorded or presented in bad faith for the purpose of harassing or defrauding such persons. A person who violates section 1 is guilty of a category B felony and may be punished by imprisonment in the state prison for not less than 2 years or by a fine of not more than $20,000, or both. If the person commits a second or subsequent offense, or engages in a pattern or practice of filing such liens or encumbrances, the person may be punished by imprisonment in the state prison for up to 20 years or a fine of up to $150,000, or both. Section 1 also provides a civil penalty of $20,000 for each violation and authorizes a person to bring a civil action for damages suffered and attorney’s fees and costs.

      Existing law provides that a lien filed against a public officer or employee which is based on the performance of or failure to perform an official duty is invalid unless the filing of the lien is authorized by a specific statute or court order. (NRS 281.405) Section 5 of this bill extends such invalidity: (1) to encompass any encumbrance filed against real or personal property; and (2) to include candidates for public office, participants in official proceedings and the immediate families of public officers, candidates for public office, public employees and such participants.

 


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ê2015 Statutes of Nevada, Page 1357 (Chapter 270, SB 197)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 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not file, register or record, or present for filing, registration or recording, in any public office, a lien or other encumbrance against the real or personal property of a public officer, candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office, employment or participation by the public officer, candidate for public office, public employee or participant if the person knows or has reason to know that the lien or encumbrance:

      (a) Is forged or fraudulently altered;

      (b) Contains a false statement of material fact; or

      (c) Is being filed, registered, recorded or presented in bad faith or for the purpose of harassing or defrauding any person.

      2.  Except as otherwise provided in subsection 3, a person who violates this section is guilty of a category B felony and shall be punished:

      (a) For a first offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $20,000, or by both fine and imprisonment.

      (b) For a second or subsequent offense, by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      3.  A person whose violation of this section is part of a pattern, or consistent with a practice, of committing such violations is guilty of a category B felony and shall be punished:

      (a) For a first offense, by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $100,000, or by both fine and imprisonment.

      (b) For a second or subsequent offense, by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, or by a fine of not more than $150,000, or by both fine and imprisonment.

      4.  In addition to the criminal penalties imposed for a violation of this section, a person who violates this section is subject to a civil penalty of not more than $20,000 for each violation. This penalty may be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

 

 

 


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ê2015 Statutes of Nevada, Page 1358 (Chapter 270, SB 197)ê

 

      5.  A person who violates this section is liable in a civil action brought pursuant to this section for:

      (a) Actual damages caused by each separate violation of this section or $20,000 for each separate violation of this section, whichever is greater;

      (b) All costs of bringing and maintaining the action, including investigative expenses and fees for expert witnesses;

      (c) Reasonable attorney’s fees; and

      (d) Any punitive damages that the facts may warrant.

Ê The civil action may be brought by any person who is damaged by a violation of this section, including, without limitation, any person who is damaged as the result of an action taken in reliance on a lien or encumbrance that is filed, registered or recorded in violation of this section.

      6.  For the purposes of this section, a person’s violation of this section is part of a pattern, or consistent with a practice, of committing such violations if the person commits one or more violations of this section in two or more transactions:

      (a) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

      (b) Which are not isolated incidents within the immediately preceding 4 years; and

      (c) In which the aggregate loss or intended loss is more than $250.

      7.  As used in this section:

      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

      (b) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      (c) “Lien” means a charge against or an interest in property which is used as security for the payment of a debt or the performance of an obligation. The term includes, without limitation, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, a statutory lien and a security interest.

      (d) “Participant in an official proceeding” includes, without limitation, a juror or witness in a judicial or administrative proceeding or a referee, arbitrator, mediator, appraiser, assessor or other person authorized by law to hear or determine any controversy or matter.

      Sec. 2. NRS 205.395 is hereby amended to read as follows:

      205.395  1.  Every person who:

      (a) Claims an interest in, or a lien or encumbrance against, real property in a document that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid;

      (b) Executes or notarizes a document purporting to create an interest in, or a lien or encumbrance against, real property, that is recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid; or

      (c) Causes a document described in paragraph (a) or (b) to be recorded in the office of the county recorder in which the real property is located and who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,

 


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ê2015 Statutes of Nevada, Page 1359 (Chapter 270, SB 197)ê

 

who knows or has reason to know that the document is forged or groundless, contains a material misstatement or false claim or is otherwise invalid,

Ê has made a false representation concerning title.

      2.  A person who makes a false representation concerning title in violation of subsection 1 is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      3.  A person who engages in a pattern of making false representations concerning title is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, or by a fine of not more than $50,000, or by both fine and imprisonment.

      4.  In addition to the criminal penalties imposed for a violation of this section, any person who violates this section is subject to a civil penalty of not more than $5,000 for each violation. This penalty must be recovered in a civil action, brought in the name of the State of Nevada by the Attorney General. In such an action, the Attorney General may recover reasonable attorney’s fees and costs.

      5.  Except as otherwise provided in this subsection, the owner or holder of the beneficial interest in real property which is the subject of a false representation concerning title may bring a civil action in the district court in and for the county in which the real property is located to recover any damages suffered by the owner or holder of the beneficial interest plus reasonable attorney’s fees and costs. The owner or holder of the beneficial interest in the real property must, before bringing a civil action pursuant to this subsection, send a written request to the person who made the false representation to record a document which corrects the false representation. If the person records such a document not later than 20 days after the date of the written request, the owner or holder of the beneficial interest may not bring a civil action pursuant to this subsection.

      6.  As used in this section [, “pattern] :

      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

      (b) “Pattern of making false representations concerning title” means one or more violations of a provision of subsection 1 committed in two or more transactions:

      [(a)] (1) Which have the same or similar pattern, purposes, results, accomplices, victims or methods of commission, or are otherwise interrelated by distinguishing characteristics;

      [(b)](2) Which are not isolated incidents within the preceding 4 years; and

      [(c)](3) In which the aggregate loss or intended loss is more than $250.

      Sec. 3. NRS 225.083 is hereby amended to read as follows:

      225.083  1.  The Secretary of State shall prominently post the following notice at each office and each location on his or her Internet website at which documents are accepted for filing:

 

The Secretary of State is not responsible for the content, completeness or accuracy of any document filed in this office. Customers should periodically review the documents on file in this office to ensure that the documents pertaining to them are complete and accurate.

 


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ê2015 Statutes of Nevada, Page 1360 (Chapter 270, SB 197)ê

 

Pursuant to NRS 239.330, any person who knowingly offers any false or forged instrument for filing in this office is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years and may be further punished by a fine of not more than $10,000. Additionally, any person who knowingly offers any false or forged instrument for filing in this office may also be subject to civil liability.

 

Pursuant to section 1 of this act, any person who presents for filing in this office a lien against the real or personal property of a public officer, candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office, employment or participation by the public officer, candidate for public office, public employee or participant if the person knows or has reason to know that the lien is forged or fraudulently altered, contains a false statement of material fact or is being filed in bad faith or for the purpose of harassing or defrauding any person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and may be further punished by a fine of not more than $150,000. The person may also be subject to civil liability.

 

      2.  The Secretary of State may adopt regulations prescribing procedures to prevent the filing of [false or forged] documents in his or her office [.] that are false, forged or fraudulently altered, contain a false statement of material fact or are being filed in bad faith or for the purpose of harassing or defrauding any person.

      Sec. 4. NRS 225.084 is hereby amended to read as follows:

      225.084  1.  A person shall not willfully file, promote the filing of, or cause to be filed, or attempt or conspire to file, promote the filing of, or cause to be filed, any record in the Office of the Secretary of State if the person has actual knowledge that the record:

      (a) Is forged or fraudulently altered;

      (b) Contains a false statement of material fact; or

      (c) Is being filed in bad faith or for the purpose of harassing or defrauding any person.

      2.  Any person who violates this section is liable in a civil action brought pursuant to this section for:

      (a) Actual damages caused by each separate violation of this section or $10,000 for each separate violation of this section, whichever is greater;

      (b) All costs of bringing and maintaining the action, including investigative expenses and fees for expert witnesses;

      (c) Reasonable attorney’s fees; and

      (d) Any punitive damages that the facts may warrant.

      3.  A civil action may be brought pursuant to this section by:

 


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ê2015 Statutes of Nevada, Page 1361 (Chapter 270, SB 197)ê

 

      (a) Any person who is damaged by a violation of this section, including, without limitation, any person who is damaged as the result of an action taken in reliance on a record filed in violation of this section; or

      (b) The Attorney General, in the name of the State of Nevada, if the matter is referred to the Attorney General by the Secretary of State and if the Attorney General, after due inquiry, determines that a civil action should be brought pursuant to this section. Any money recovered by the Attorney General pursuant to this paragraph, after deducting all costs and expenses incurred by the Attorney General and the Secretary of State to investigate and act upon the violation, must be deposited in the State General Fund.

      4.  For the purposes of this section, each filing of a single record that constitutes a violation of this section shall be deemed to be a separate violation.

      5.  The rights, remedies and penalties provided pursuant to this section are cumulative and do not abrogate and are in addition to any other rights, remedies and penalties that may exist at law or in equity, including, without limitation, any criminal penalty that may be imposed pursuant to NRS 239.330 [.] or section 1 of this act.

      6.  The Secretary of State may adopt regulations prescribing procedures for correcting any record filed in violation of this section.

      7.  As used in this section, “record” means information that is:

      (a) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

      (b) Filed or offered for filing by a person pursuant to any provision of title 7 of NRS or Article 9 of the Uniform Commercial Code.

      Sec. 5. NRS 281.405 is hereby amended to read as follows:

      281.405  1.  Any lien or other encumbrance which is filed or otherwise claimed against the real or personal property of a public officer [or] , candidate for public office, public employee or participant in an official proceeding, or a member of the immediate family of a public officer, candidate for public office, public employee or participant, which is based on the performance of or failure to perform a duty relating to the office , [or] employment or participation of the officer , [or] employee or participant is invalid unless the filing of the lien or encumbrance is authorized by a specific statute or by an order of a court of competent jurisdiction.

      2.  As used in this section [, “lien”] :

      (a) “Encumbrance” includes, without limitation, a lis pendens or other notice of the pendency of an action.

      (b) “Immediate family” means persons who are related by blood, adoption or marriage, within the first degree of consanguinity or affinity.

      (c) “Lien” means [an encumbrance on] a charge against or an interest in property which is used as security for the payment of a debt [.] or the performance of an obligation. The term includes, without limitation, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, a statutory lien and a security interest.

      (d) “Participant in an official proceeding” includes, without limitation, a juror or witness in a judicial or administrative proceeding or a referee, arbitrator, mediator, appraiser, assessor or other person authorized by law to hear or determine any controversy or matter.

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ê2015 Statutes of Nevada, Page 1362ê

 

CHAPTER 271, SB 490

Senate Bill No. 490–Committee on Finance

 

CHAPTER 271

 

[Approved: May 28, 2015]

 

AN ACT relating to state financial administration; requiring the transfer of certain money from the Account to Stabilize the Operation of the State Government to the State General Fund; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      The Account to Stabilize the Operation of the State Government, also known as the Rainy Day Fund, is an account into which surplus state revenues are deposited to be used in case of fiscal emergencies. This bill transfers the current balance in the Rainy Day Fund to the State General Fund.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

      Sec. 2.  The State Controller shall transfer from the Account to Stabilize the Operation of the State Government created by NRS 353.288 to the State General Fund the sum of $28,061,106 for unrestricted State General Fund use.

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

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ê2015 Statutes of Nevada, Page 1363ê

 

CHAPTER 272, SB 245

Senate Bill No. 245–Committee on Transportation

 

CHAPTER 272

 

[Approved: May 29, 2015]

 

AN ACT relating to public safety; providing that the affirmative defense available to certain persons who drive a vehicle and proximately cause substantial bodily harm to or the death of another person cannot be offered by a person also charged with violating certain other provisions of law; increasing the maximum term of imprisonment for a person who leaves the scene of an accident that results in bodily injury to or the death of a person; providing that the bodily injury to or the death of each person that results from an accident of which a person leaves the scene constitutes a separate offense; providing that the sentence of a person convicted of leaving the scene of an accident that results in bodily injury to or the death of a person may not be suspended nor may probation be granted to the person; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law generally provides that a person who drives a vehicle while under the influence of alcohol or a prohibited substance and proximately causes substantial bodily harm to or the death of another person is guilty of a category B felony and must be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and by a fine of not less than $2,000 and not more than $5,000. The sentence of a person convicted of such a crime may not be suspended nor may probation be granted to the person. (NRS 484C.430)

      Existing law also generally requires the driver of any vehicle involved in an accident that results in bodily injury to or the death of a person to stop his or her vehicle immediately at or near the scene of the accident and return to and remain at the scene until the driver provides certain information and renders reasonable assistance to any injured person. A person who violates such a provision is guilty of a category B felony and must be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 and not more than $5,000. (NRS 484E.010, 484E.030)

      Section 2 of this bill increases the maximum term of imprisonment for a person who leaves the scene of an accident that results in bodily injury to or the death of a person from 15 years to 20 years, thereby making the penalties the same for leaving the scene of such an accident and driving under the influence of alcohol or a prohibited substance and proximately causing substantial bodily harm to or the death of another person. Section 2 also provides that such a person commits a separate offense for each person who is injured or dies in the accident. Finally, section 2 provides that the sentence of a person convicted of such a crime may not be suspended nor may probation be granted to the person.

      Existing law provides that if: (1) a person drives a vehicle and proximately causes substantial bodily harm to or the death of another person; (2) the person is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath; and (3) consumption is proven by a preponderance of the evidence, the person may use as an affirmative defense that he or she consumed a sufficient quantity of alcohol after driving or being in actual control of the vehicle, and before his or her blood or breath was tested, to cause the person to have such a concentration of alcohol in his or her blood or breath.

 


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ê2015 Statutes of Nevada, Page 1364 (Chapter 272, SB 245)ê

 

alcohol in his or her blood or breath. (NRS 484C.430) Section 1 of this bill provides that a person may not offer such an affirmative defense if the person is also charged with a violation of any of the provisions of law which require a person to: (1) stop at the scene of an accident involving death, personal injury or damage to a vehicle or other property; and (2) provide certain information and render reasonable assistance to injured persons after any such accident.

 

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 484C.430 is hereby amended to read as follows:

      484C.430  1.  Unless a greater penalty is provided pursuant to NRS 484C.440, a person who:

      (a) Is under the influence of intoxicating liquor;

      (b) Has a concentration of alcohol of 0.08 or more in his or her blood or breath;

      (c) Is found by measurement within 2 hours after driving or being in actual physical control of a vehicle to have a concentration of alcohol of 0.08 or more in his or her blood or breath;

      (d) Is under the influence of a controlled substance or is under the combined influence of intoxicating liquor and a controlled substance;

      (e) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle; or

      (f) Has a prohibited substance in his or her blood or urine in an amount that is equal to or greater than the amount set forth in subsection 3 of NRS 484C.110,

Ê and does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on or off the highways of this State, if the act or neglect of duty proximately causes the death of, or substantial bodily harm to, another person, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years and must be further punished by a fine of not less than $2,000 nor more than $5,000. A person so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  A prosecuting attorney shall not dismiss a charge of violating the provisions of subsection 1 in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless the attorney knows or it is obvious that the charge is not supported by probable cause or cannot be proved at the time of trial. A sentence imposed pursuant to subsection 1 may not be suspended nor may probation be granted.

      3.  [If] Except as otherwise provided in subsection 4, if consumption is proven by a preponderance of the evidence, it is an affirmative defense under paragraph (c) of subsection 1 that the defendant consumed a sufficient quantity of alcohol after driving or being in actual physical control of the vehicle, and before his or her blood or breath was tested, to cause the defendant to have a concentration of alcohol of 0.08 or more in his or her blood or breath.

 


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ê2015 Statutes of Nevada, Page 1365 (Chapter 272, SB 245)ê

 

blood or breath. A defendant who intends to offer this defense at a trial or preliminary hearing must, not less than 14 days before the trial or hearing or at such other time as the court may direct, file and serve on the prosecuting attorney a written notice of that intent.

      4.  If the defendant is also charged with violating the provisions of NRS 484E.010, 484E.020 or 484E.030, the defendant may not offer the affirmative defense set forth in subsection 3.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      Sec. 2. NRS 484E.010 is hereby amended to read as follows:

      484E.010  1.  The driver of any vehicle involved in an accident on a highway or on premises to which the public has access resulting in bodily injury to or the death of a person shall immediately stop his or her vehicle at the scene of the accident or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the accident until the driver has fulfilled the requirements of NRS 484E.030.

      2.  Every such stop must be made without obstructing traffic more than is necessary.

      3.  A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than [15] 20 years and by a fine of not less than $2,000 nor more than $5,000. A person failing to comply with the provisions of subsection 1 commits a separate offense under this section for the bodily injury to or the death of each person that results from an accident with regard to which the person failed to comply with the provisions of subsection 1.

      4.  A sentence imposed pursuant to subsection 3 may not be suspended nor may probation be granted.

      Sec. 3.  The amendatory provisions of this act apply to an offense committed on or after October 1, 2015.

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ê2015 Statutes of Nevada, Page 1366ê

 

CHAPTER 273, AB 21

Assembly Bill No. 21–Committee on Transportation

 

CHAPTER 273

 

[Approved: May 29, 2015]

 

AN ACT relating to governmental financing; extending the maximum period of maturity for certain special obligation bonds issued to provide funding for highway construction projects; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the State Board of Finance, when requested to do so by the Board of Directors of the Department of Transportation, to issue special obligation bonds to provide funding to complete pending and currently projected highway construction projects. (NRS 408.273) This bill extends the period within which those bonds must mature from not more than 20 years to not more than 30 years from their date.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 408.273 is hereby amended to read as follows:

      408.273  1.  The State Board of Finance shall, when so requested by the Board, issue special obligation bonds of the State of Nevada to provide money to enable the Department to complete pending and currently projected highway construction projects, in an amount specified in the request. The bonds may be issued at one time or from time to time, and must be issued in accordance with the State Securities Law. These bonds must be secured by:

      (a) A pledge of the appropriate federal highway grants payable to the State; or

      (b) The appropriate federal highway grants payable to the State and taxes which are credited to the State Highway Fund, other than any taxes that would cause the bonds to create a public debt within the meaning of Section 3 of Article 9 of the Constitution of the State of Nevada,

Ê and must mature within not more than [20] 30 years from their date.

      2.  The Department shall cooperate with the State Treasurer in the issuance of the bonds.

      3.  The State Treasurer may employ any necessary legal, financial or other professional services in connection with the issuance of the bonds.

      Sec. 2.  The amendatory provisions of section 1 of this act do not apply to a special obligation bond issued pursuant to NRS 408.273 before the effective date of this act.

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

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ê2015 Statutes of Nevada, Page 1367ê

 

CHAPTER 274, AB 40

Assembly Bill No. 40–Committee on Judiciary

 

CHAPTER 274

 

[Approved: May 29, 2015]

 

AN ACT relating to gaming; providing that certain actions and proceedings of the Board are not subject to certain provisions of the Open Meeting Law; changing the name of the State Gaming Control Board to the Nevada Gaming Control Board; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, meetings of the State Gaming Control Board must be open to the public, except that certain meetings, including, without limitation, investigative hearings, may be conducted in private under certain circumstances. (NRS 241.020, 463.110) Section 1 of this bill specifically provides that certain actions and proceedings of the Board are not subject to certain provisions of the Open Meeting Law.

      Sections 2 and 3 of this bill change the name of the State Gaming Control Board to the Nevada Gaming Control Board.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      The provisions of NRS 241.020 do not apply to any action or proceeding of the Board that is related to:

      1.  A determination made pursuant to paragraph (a) or (b) of subsection 1 of NRS 463.310 of whether a violation of this chapter or chapter 462, 464, 465 or 466, or any regulation adopted pursuant thereto, has occurred; or

      2.  A determination made pursuant to subsection 2 of NRS 463.310 of whether to file a complaint with the Commission and the content of any such complaint.

      Sec. 2. NRS 463.0137 is hereby amended to read as follows:

      463.0137  “Board” means the [State] Nevada Gaming Control Board as established by this chapter.

      Sec. 3. NRS 463.030 is hereby amended to read as follows:

      463.030  The [State] Nevada Gaming Control Board, consisting of three members, is hereby created.

      Sec. 4.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 5.  1.  This act becomes effective upon passage and approval.

      2.  Section 1 of this act expires by limitation 4 years after the effective date of this act.

 


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ê2015 Statutes of Nevada, Page 1368 (Chapter 274, AB 40)ê

 

________

CHAPTER 275, AB 44

Assembly Bill No. 44–Committee on Judiciary

 

CHAPTER 275

 

[Approved: May 29, 2015]

 

AN ACT relating to judgments; revising provisions governing judgments by confession in justice courts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes judgments upon confession to be entered in any justice court specified in the confession. (NRS 68.050) This bill requires a written statement, signed by the defendant, to accompany such a judgment. The statement must include the facts on which the confession is based and the amount of debt due or contingent liability for which the judgment will be entered. This bill further provides that the written statement must be filed with the clerk of the court, and that the judgment may not be amended to include additional costs or attorney’s fees incurred after the date of entry of the judgment.

 

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 68.050 is hereby amended to read as follows:

      68.050  [Judgments upon]

      1.  Except as otherwise provided by law, a judgment by confession may be entered [up] without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in any justice court specified in the confession.

      2.  A judgment by confession entered pursuant to subsection 1 must be accompanied by a statement in writing, signed by the defendant and verified by the defendant’s oath. The statement must:

      (a) Authorize the entry of judgment for a specified sum, inclusive of costs and attorney’s fees;

      (b) If it authorizes the entry of judgment for money that is due or will become due, state concisely the facts on which the confession is based, and show that the sum confessed therefor is justly due or will become due; and

      (c) If it authorizes the entry of judgment for the purpose of securing the plaintiff against a contingent liability, state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed such liability.

      3.  The statement described in subsection 2 must be filed with the clerk of the court in which the judgment is to be entered. The clerk shall endorse the statement and enter judgment for the amount confessed, at which time the judgment and statement, with the judgment endorsed, become the judgment roll.

 

 

 


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ê2015 Statutes of Nevada, Page 1369 (Chapter 275, AB 44)ê

 

 

      4.  A judgment by confession entered pursuant to this section may not be subsequently amended to include additional costs or attorney’s fees incurred after the date of entry of judgment. This limitation does not prohibit parties from entering into stipulations for payment plans or stipulations for judgments with specific amounts due.

      Sec. 2. NRS 17.090 is hereby amended to read as follows:

      17.090  [A] Except as otherwise provided by law, a judgment by confession may be entered without action, either for money due or to become due or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this section and NRS 17.100 and 17.110.

      Sec. 3.  The amendatory provisions of this act do not apply to a judgment by confession that is signed by a defendant before July 1, 2015.

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

________

CHAPTER 276, AB 468

Assembly Bill No. 468–Committee on Ways and Means

 

CHAPTER 276

 

[Approved: May 29, 2015]

 

AN ACT making supplemental appropriations to the Department of Corrections for shortfalls in projected personnel costs; and providing other matters properly relating thereto.

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  There is hereby appropriated from the State General Fund to the Department of Corrections the sum of $2,395,367 for shortfalls in projected personnel costs allocated as follows:

      1.  Office of the Director............................................................... $1,265,718

      2.  Correctional Programs................................................................... $39,255

      3.  Northern Nevada Correctional Center..................................... $540,338

      4.  Ely State Prison............................................................................. $121,981

      5.  High Desert State Prison.............................................................. $428,075

      Sec. 2.  The appropriation made in section 1 of this act is supplemental to that made in section 22 of chapter 446, Statutes of Nevada 2013, at pages 2598 and 2599.

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

________

 


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ê2015 Statutes of Nevada, Page 1370ê

 

CHAPTER 277, AB 132

Assembly Bill No. 132–Committee on Judiciary

 

CHAPTER 277

 

[Approved: May 29, 2015]

 

AN ACT relating to displaced homemakers; requiring a person who commences an action for the termination of a domestic partnership in a district court to pay a fee to the county clerk for use by the Director of the Department of Employment, Training and Rehabilitation to administer the provisions of law relating to the education and counseling of displaced homemakers; increasing the fee paid to the county clerk for use by the Director; providing that the member of the Board for the Education and Counseling of Displaced Homemakers who is a displaced homemaker may be a current or former displaced homemaker; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill revises provisions relating to displaced homemakers and the Board for the Education and Counseling of Displaced Homemakers, as recommended by the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) Existing law defines a “displaced homemaker” as a person who: (1) is not gainfully employed or has less than full-time or adequate employment; (2) has worked at home for a substantial number of years providing household services to members of his or her family without compensation; (3) has difficulty in securing employment adequate for economic independence; and (4) has been dependent on certain other sources of financial support or assistance that are no longer available. (NRS 388.605)

      Existing law requires a person who commences an action for divorce in a district court to pay a fee of $20 to the county clerk for use by the Director of the Department of Employment, Training and Rehabilitation to administer the provisions of law relating to the education and counseling of displaced homemakers. (NRS 19.033) Section 1 of this bill increases the fee to $30. Section 1 additionally requires a person who commences an action for the termination of a domestic partnership in a district court to pay such a fee.

      Existing law also provides that the Board for the Education and Counseling of Displaced Homemakers consists of five members appointed by the Governor, one of whom is required to be a displaced homemaker. (NRS 388.615) Section 2 of this bill provides that the member who is a displaced homemaker may be a current or former displaced homemaker.

 

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 19.033 is hereby amended to read as follows:

      19.033  1.  In each county, on the commencement of any action for divorce or the termination of a domestic partnership in the district court, the county clerk shall charge and collect, in addition to other fees required by law, a fee of [$20.] $30. The fee must be paid by the party commencing the action.

 

 


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ê2015 Statutes of Nevada, Page 1371 (Chapter 277, AB 132)ê

 

      2.  On or before the first Monday of each month, the county clerk shall pay over to the county treasurer an amount equal to all fees collected by the county clerk pursuant to subsection 1, and the county treasurer shall place that amount to the credit of the State General Fund. Quarterly, the county treasurer shall remit all money so collected to the State Controller, who shall place the money in an account in the State General Fund for use by the Director of the Department of Employment, Training and Rehabilitation to administer the provisions of NRS 388.605 to 388.655, inclusive.

      3.  The board of county commissioners of any county may impose by ordinance an additional filing fee of not more than $6 to be paid by the defendant in an action for divorce, annulment or separate maintenance. In a county where this fee has been imposed:

      (a) On the appearance of a defendant in the action in the district court, the county clerk, in addition to any other fees provided by law, shall charge and collect from the defendant the prescribed fee to be paid upon the filing of the first paper in the action by the defendant.

      (b) On or before the fifth day of each month, the county clerk shall account for and pay to the county treasurer all fees collected during the preceding month pursuant to paragraph (a).

      Sec. 2. NRS 388.615 is hereby amended to read as follows:

      388.615  1.  The Board for the Education and Counseling of Displaced Homemakers is hereby created. The Board consists of five members appointed by the Governor, one of whom must be a current or former displaced homemaker and one of whom must be representative of business in the State.

      2.  The Board shall:

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

      (b) Meet regularly at least once each calendar quarter and at other times upon the call of the Chair.

      3.  The members of the Board serve without compensation, except that each member of the Board is entitled to the per diem allowance and travel expenses provided for state officers and employees generally, which must be paid from the account established pursuant to subsection 2 of NRS 19.033.

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

________

 


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ê2015 Statutes of Nevada, Page 1372ê

 

CHAPTER 278, AB 175

Assembly Bill No. 175–Committee on Transportation

 

CHAPTER 278

 

[Approved: May 29, 2015]

 

AN ACT relating to transportation; revising provisions relating to the use of safety belts in taxicabs; providing for the regulation by the Public Utilities Commission of Nevada of transportation network companies; requiring the establishment of fees and annual assessments for a transportation network company; authorizing a transportation network company that holds a valid permit issued by the Commission to make its digital network or software application service available to one or more drivers to receive connections to passengers from the company; establishing requirements concerning the qualifications of, the provision of insurance for and the operation and maintenance of motor vehicles operated by drivers who provide transportation services; prohibiting a local government from imposing on a transportation network company or a driver for such a company any additional tax or fee or requirement as a condition of providing transportation services; providing that a transportation network company or driver who provides transportation services pursuant to a valid permit issued by the Commission is not subject to certain provisions of law governing motor carriers; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, with certain exceptions, each adult passenger who rides in a taxicab in this State is required to wear a safety belt. Existing law also provides that a violation of this requirement may not be considered: (1) as negligence or as causation in any civil action or as negligent or reckless driving; or (2) as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product. (NRS 484D.500) Section 1 of this bill removes the preceding legal limitations and expressly allows a violation of the requirement to wear a safety belt while riding in a taxicab to be considered for those purposes.

      Sections 2-46, 51-53, 55 and 56 of this bill provide for the permitting by the Public Utilities Commission of Nevada of transportation network companies and the regulation by the Commission of the provision of transportation services. Section 18 defines a “transportation network company” as an entity that uses a digital network or software application service to connect passengers to drivers who can provide transportation services to passengers. Section 19 defines “transportation services” as the transportation by motor vehicle of one or more passengers between points chosen by the passenger or passengers and prearranged with a driver through the use of the digital network or software application service of a transportation network company. Section 20 provides that it is the purpose and policy of the Legislature in enacting this bill to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers affiliated with transportation network companies in this State.

      Sections 2-13 of this bill establish certain requirements concerning the provision of insurance for the payment of tort liabilities arising from the operation of a motor vehicle by a driver who provides transportation services.

 

 


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ê2015 Statutes of Nevada, Page 1373 (Chapter 278, AB 175)ê

 

      Section 24 of this bill prohibits any person from doing business in this State as a transportation network company unless the person holds a valid permit issued by the Commission pursuant to the provisions of this bill. Section 25 of this bill provides for the submission to the Commission of an application for a permit. Section 26 of this bill requires the Commission to issue a permit to an applicant upon a determination by the Commission that the applicant meets all the applicable requirements for the issuance of the permit. Section 26 of this bill further provides that a permit issued by the Commission authorizes a transportation network company to: (1) connect passengers to a driver who can provide transportation services through the use of a digital network or software application service; and (2) make its digital network or software application service available to one or more drivers to receive connections from the company. Additionally, section 26 of this bill provides that a permit issued by the Commission does not authorize a transportation network company to engage in any activity regulated pursuant to chapter 706 of NRS, relating to motor carriers. Section 27 of this bill requires the Commission to establish a fee for the issuance of a permit to operate a transportation network company. Section 27 of this bill also requires the payment of an annual assessment by each transportation network company in this State beginning in the year after the company receives a permit. Section 28 of this bill requires the Commission to collect from a company an excise tax on the use of a digital network or software application service to connect a passenger to a driver at the rate of 3 percent of the total fare charged for transportation services for deposit with the State Treasurer. Sections 51 and 52 of this bill impose a similar excise tax on the connection made by a common motor carrier or certificate holder, respectively, of a passenger to a person or operator or taxicab, respectively. Section 53 of this bill requires the State Treasurer to credit the first $5,000,000 of the combined amount of such excise taxes collected in each biennium to the State Highway Fund and to credit the remainder to the State General Fund.

      Section 30 of this bill authorizes a transportation network company to enter into agreements with one or more drivers to receive connections to potential passengers from the company. Section 30 also establishes the minimum qualifications for drivers and requires a transportation network company to conduct an investigation of the background of each driver, which must include a criminal background check, a search of a database containing information from the sex offender website maintained by each state and a review of the complete driving history of the driver. Further, section 30 sets forth the conditions for which a transportation network company must terminate an agreement with a driver.

      Section 31 of this bill: (1) provides that a transportation network company may, on behalf of a driver, charge a fare for the provision of transportation services by the driver; and (2) places certain requirements on the company concerning the fares and the information which must be provided to passengers concerning the amount and the calculation of fares.

      Section 32 of this bill: (1) prohibits a transportation network company from allowing any driver who operates a motor vehicle that is not in compliance with all federal, state and local laws governing the operation and maintenance of a motor vehicle to be connected to potential passengers; and (2) requires annual inspections of each motor vehicle operated by a driver.

      Section 33 of this bill prohibits discrimination on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression by a transportation network company or driver. Section 34 of this bill requires a transportation network company to provide to passengers certain information relating to the identification of a driver. Section 35 of this bill requires a transportation network company to provide an electronic receipt to each passenger. Section 36 of this bill imposes on transportation network companies certain recordkeeping requirements. Section 37 of this bill imposes on transportation network companies certain reporting requirements.

 


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ê2015 Statutes of Nevada, Page 1374 (Chapter 278, AB 175)ê

 

      Section 38 of this bill establishes certain requirements relating to the provision of transportation services by a driver. Section 38 also prohibits a driver from soliciting passengers or providing transportation services except to persons who have arranged for such transportation services through the digital network or software application service of a transportation network company. Section 39 of this bill prohibits a driver from consuming, using or being under the influence of any intoxicating liquor or controlled substance during any period when the driver is providing transportation services or is logged into the digital network or software application service of a transportation network company. With certain exceptions, section 40 of this bill prohibits a transportation network company from releasing the personally identifying information of passengers.

      Section 41 of this bill provides for the investigation of complaints against a transportation network company or driver. Section 42 of this bill: (1) authorizes the Commission to impose certain penalties for any violation of the provisions of this bill by a transportation network company or driver; and (2) provides that a person who violates any provision of this bill is not subject to a criminal penalty.

      Section 43 of this bill provides that this bill does not exempt any person from any other laws governing the operation of a motor vehicle upon the highways of this State, except that a transportation network company or a driver who provides transportation services within the scope of a permit issued by the Commission is not subject to the provisions of existing law governing motor carriers or public utilities.

      Section 44 of this bill prohibits a local government from: (1) imposing any tax or fee on a transportation network company, a driver who has entered into an agreement with such a company or a vehicle operated by such a driver or for transportation services provided by such a driver; (2) requiring a transportation network company or driver to obtain from the local government any certificate, license or permit to provide transportation services; or (3) imposing any other requirement on the operation of a motor vehicle by a transportation network company or driver which is not of general applicability. Section 44 does not prohibit a local government from requiring a transportation network company or driver to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government. Section 44 does not prohibit an airport from requiring a transportation network company or driver to obtain a permit or certification to operate at the airport, pay a fee to operate at the airport or comply with any other requirement to operate at the airport. Section 44 also states that this bill does not exempt any person from the requirement to obtain a state business license.

      Section 45 of this bill requires each transportation network company to provide the Commission with reports at certain times containing certain information about damages resulting from accidents involving drivers who are providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services. Section 45 also requires the Commission to collect these reports, determine whether the limits of coverage required pursuant to section 10 are sufficient and report to the Legislative Commission or Director of the Legislative Counsel Bureau.

      Section 55 of this bill requires the Commission to: (1) investigate and compare the efficacy, efficiency and effect on public safety of background checks performed pursuant to paragraph (b) of section 30 of this bill and those performed by submitting the fingerprints of a person to the Central Repository for Nevada Records of Criminal History to be forwarded to the Federal Bureau of Investigation for its report; and (2) report the results of the investigation to the Legislative Commission.

      Section 56 of this bill provides that: (1) a transportation network company may commence operations within this state immediately upon being issued a permit; and (2) any regulation adopted by the Commission pursuant to this bill on or before July 1, 2017, shall not be effective for at least 30 days after filing with the Secretary of State.

 


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ê2015 Statutes of Nevada, Page 1375 (Chapter 278, AB 175)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 484D.500 is hereby amended to read as follows:

      484D.500  1.  Any passenger 18 years of age or older who rides in the front or back seat of any taxicab on any highway, road or street in this State shall wear a safety belt if one is available for the seating position of the passenger, except that this subsection does not apply:

      (a) To a passenger who possesses a written statement by a physician certifying that the passenger is unable to wear a safety belt for medical or physical reasons; or

      (b) If the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

      2.  A citation must be issued to any passenger who violates the provisions of subsection 1. A citation may be issued pursuant to this subsection only if the violation is discovered when the vehicle is halted or its driver arrested for another alleged violation or offense. Any person who violates the provisions of subsection 1 shall be punished by a fine of not more than $25 or by a sentence to perform a certain number of hours of community service.

      3.  A violation of subsection 1:

      (a) Is not a moving traffic violation under NRS 483.473.

      (b) May [not] be considered as negligence or as causation in any civil action or as negligent or reckless driving under NRS 484B.653.

      (c) May [not] be considered as misuse or abuse of a product or as causation in any action brought to recover damages for injury to a person or property resulting from the manufacture, distribution, sale or use of a product.

      4.  An owner or operator of a taxicab shall post a sign within each of his or her taxicabs advising passengers that they must wear safety belts while being transported by the taxicab. Such a sign must be placed within the taxicab so as to be visible to and easily readable by passengers, except that this subsection does not apply if the taxicab was not required by federal law at the time of initial sale to be equipped with safety belts.

      Sec. 2. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 13, inclusive, of this act.

      Sec. 3. As used in sections 3 to 13, inclusive, of this act, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Driver” has the meaning ascribed to it in section 17 of this act.

      Sec. 5. “Transportation network company” has the meaning ascribed to it in section 18 of this act.

      Sec. 6. “Transportation network company insurance” means a policy of insurance that includes coverage specifically for the use of a vehicle by a driver pursuant to sections 3 to 13, inclusive, of this act.

      Sec. 7. “Transportation services” has the meaning ascribed to it in section 19 of this act.

      Sec. 8. The provisions of sections 3 to 13, inclusive, of this act do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS.

 


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ê2015 Statutes of Nevada, Page 1376 (Chapter 278, AB 175)ê

 

      Sec. 9. Before allowing a natural person to be connected to a potential passenger using the digital network or software application service of a transportation network company to provide transportation services as a driver, a transportation network company shall, in writing:

      1.  Disclose the insurance coverage and limits of liability that the transportation network company provides for a driver while the driver is providing transportation services; and

      2.  Notify the person that:

      (a) His or her insurance for the operation of a motor vehicle required pursuant to NRS 485.185 may not provide coverage for the use of a motor vehicle to provide transportation services.

      (b) If comprehensive or collision coverage was purchased in addition to such insurance, the comprehensive or collision coverage may not apply to any damage which results from the use of the motor vehicle while a driver is providing transportation services or logged into the digital network or software application service of a transportation network company and available to receive requests for transportation services.

      3.  Disclose to the person that, if there is a lien against a vehicle used by a driver to provide transportation services, the driver must notify the lienholder that the vehicle is being used to provide transportation services.

      4.  Disclose to the person that the use of a vehicle to provide transportation services may violate the contract between a driver and a lienholder.

      Sec. 10. 1.  Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:

      (a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident that occurs while the driver is providing transportation services;

      (b) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

      (c) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services; and

      (d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services,

 


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ê2015 Statutes of Nevada, Page 1377 (Chapter 278, AB 175)ê

 

transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services,

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

      2.  The transportation network company insurance required by subsection 1 may be provided through one or a combination of insurance policies provided by the transportation network company or the driver, or both.

      3.  Every transportation network company shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of subsection 1 as primary insurance if the insurance provided by the driver:

      (a) Lapses; or

      (b) Fails to meet the requirements of subsection 1.

      4.  Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company or the driver, or both, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

      5.  In addition to the coverage required pursuant to subsection 1, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.

      6.  An insurer who provides transportation network company insurance shall not require a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.

      7.  An insurer who provides transportation network company insurance has a duty to defend and indemnify the driver and the transportation network company.

      8.  An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholder holds a lien shall issue any payment for a claim under such coverage:

      (a) Directly to the person who performs repairs upon the vehicle; or

      (b) Jointly to the owner of the vehicle and the lienholder.

      9.  A transportation network company that provides transportation network company insurance for a motor vehicle is not deemed to be the owner of the motor vehicle.

      Sec. 11. 1.  A policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, is not required to include transportation network company insurance.

 


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ê2015 Statutes of Nevada, Page 1378 (Chapter 278, AB 175)ê

 

not required to include transportation network company insurance. An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver for any claim arising during any period in which the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

      2.  An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy. An insurer may charge an additional premium for the inclusion of transportation network company insurance in such a policy.

      3.  An insurer who:

      (a) Defends or indemnifies a driver for a claim arising during any period in which the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and

      (b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver,

Ê has the right of contribution against other insurers who provide coverage to the driver to satisfy the coverage required by section 10 of this act at the time of the loss.

      Sec. 12. In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company and driver, and each insurer providing transportation network company insurance to a transportation network company or driver, who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:

      1.  The date and time of an accident involving a driver.

      2.  The dates and times that the driver involved in an accident logged into the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident.

      3.  The dates and times that the driver involved in an accident logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident.

      4.  A clear description of the coverage, exclusions and limits provided under any policy of transportation network company insurance which applies.

      Sec. 13. 1.  A driver shall carry proof of coverage under a policy of transportation network company insurance at all times when the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

      2.  A driver shall provide proof of coverage under a policy of transportation network company insurance and disclose whether he or she was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of an accident upon request to a law enforcement officer and to any party with whom the driver is involved in an accident.

 


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transportation services or providing transportation services at the time of an accident upon request to a law enforcement officer and to any party with whom the driver is involved in an accident.

      Sec. 14. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 15 to 46, inclusive, of this act.

      Sec. 15. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 16 to 19, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 16. “Commission” means the Public Utilities Commission of Nevada.

      Sec. 17. “Driver” means a natural person who:

      1.  Operates a motor vehicle that is owned, leased or otherwise authorized for use by the person; and

      2.  Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee to the transportation network company.

      Sec. 18. “Transportation network company” or “company” means an entity that uses a digital network or software application service to connect a passenger to a driver who can provide transportation services to the passenger.

      Sec. 19. “Transportation services” means the transportation by a driver of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company. The term includes only the period beginning when a driver accepts a request by a passenger for transportation through the digital network or software application service of a transportation network company and ending when the last such passenger fully disembarks from the motor vehicle operated by the driver.

      Sec. 20. It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers affiliated with transportation network companies in this State.

      Sec. 21. The provisions of this chapter do not apply to:

      1.  Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A person who provides a digital network or software application service to enable persons who are interested in sharing expenses for transportation to a destination, commonly known as carpooling, to connect with each other, regardless of whether a fee is charged by the person who provides the digital network or software application service.

      Sec. 22. Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services to be a commercial motor vehicle.

      Sec. 23. Except as otherwise provided in this chapter and the regulations adopted pursuant thereto or by a written contract between a transportation network company and a driver, a company shall not control, direct or manage a driver or the motor vehicle operated by a driver.

 


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      Sec. 24. 1.  A transportation network company shall not engage in business in this State unless the company holds a valid permit issued by the Commission pursuant to this chapter.

      2.  A driver shall not provide transportation services unless the company with which the driver is affiliated holds a valid permit issued by the Commission pursuant to this chapter.

      Sec. 25. A person who desires to operate a transportation network company in this State must submit to the Commission an application for the issuance of a permit to operate a transportation network company. The application must be in the form required by the Commission, must be accompanied by the fee required by section 27 of this act and must include such information as reasonably required by the Commission by regulation.

      Sec. 26. 1.  Upon receipt of a completed application and payment of the required fee and upon a determination by the Commission that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Commission shall issue to the applicant within 120 days a permit to operate a transportation network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver who can provide transportation services.

      (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      (c) Does not authorize a transportation network company or any driver to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by sections 15 to 46, inclusive, of this act.

      Sec. 27. 1.  The Commission shall charge and collect a fee in an amount established by the Commission by regulation from each applicant for a permit to operate a transportation network company in this State. The fee required by this subsection is not refundable. The Commission shall not issue a permit to operate a transportation network company in this State unless the applicant has paid the fee required by this subsection.

      2.  For each year after the year in which the Commission issues a permit to a transportation network company, the Commission shall levy and collect an annual assessment from the transportation network company at a rate determined by the Commission based on the gross operating revenue derived from the intrastate operations of the transportation network company in this State.

      3.  The annual assessment levied and collected by the Commission pursuant to subsection 2 must be used by the Commission for the regulation of transportation network companies.

      Sec. 28. 1.  In addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a digital network or software application service of a transportation network company to connect a passenger to a driver for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare.

 


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surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The Commission shall charge and collect from each transportation network company the excise tax imposed by this subsection.

      2.  The excise tax collected by the Commission pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section 53 of this act.

      Sec. 29. A transportation network company shall appoint and keep in this State a registered agent as provided in NRS 14.020.

      Sec. 30. 1.  A transportation network company may enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      2.  Before a transportation network company allows a person to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company, the company must:

      (a) Require the person to submit an application to the company, which must include, without limitation:

             (1) The name, age and address of the applicant.

             (2) A copy of the driver’s license of the applicant.

             (3) A record of the driving history of the applicant.

             (4) A description of the motor vehicle of the applicant and a copy of the motor vehicle registration.

             (5) Proof that the applicant has complied with the requirements of NRS 485.185.

             (6) Any other information required by the company or any regulations adopted by the Commission pursuant to section 46 of this act.

      (b) At the time of application and not less than once every 3 years thereafter, conduct or contract with a third party to conduct an investigation of the criminal history of the applicant, which must include, without limitation:

             (1) A review of a commercially available database containing criminal records from each state which are validated using a search of the primary source of each record.

             (2) A search of a database containing the information available in the sex offender registry maintained by each state.

      (c) At the time of application and not less than once every year thereafter, obtain and review a complete record of the driving history of the applicant.

      3.  A transportation network company may enter into an agreement with a driver if:

      (a) The applicant is at least 19 years of age.

      (b) The applicant possesses a valid driver’s license issued by the Department of Motor Vehicles unless the applicant is exempt from the requirement to obtain a Nevada driver’s license pursuant to NRS 483.240.

      (c) The applicant provides proof that the motor vehicle operated by him or her is registered with the Department of Motor Vehicles unless the applicant is exempt from the requirement to register the motor vehicle in this State pursuant to NRS 482.385.

 


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      (d) The applicant provides proof that the motor vehicle operated by him or her is operated and maintained in compliance with all applicable federal, state and local laws.

      (e) The applicant provides proof that he or she currently is in compliance with the provisions of NRS 485.185.

      (f) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of three or more violations of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a misdemeanor.

      (g) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a gross misdemeanor or felony.

      (h) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of federal, state or local law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      (i) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any crime involving an act of terrorism, an act of violence, a sexual offense, fraud, theft, damage to property of another or the use of a motor vehicle in the commission of a felony.

      (j) The name of the applicant does not appear in the database searched pursuant to subparagraph (2) of paragraph (b) of subsection 2.

      4.  A transportation network company shall terminate an agreement with any driver who:

      (a) Fails to submit to the transportation network company a change in his or her address, driver’s license, motor vehicle registration or automobile liability insurance information within 30 days after the date of the change.

      (b) Fails to immediately report to the transportation network company any change in his or her driving history or criminal history.

      (c) Refuses to authorize the transportation network company to obtain and review an updated complete record of his or her driving history not less than once each year and an investigation of his or her criminal history not less than once every 3 years.

      (d) Is determined by the transportation network company to be ineligible for an agreement pursuant to subsection 3 on the basis of any updated information received by the transportation network company.

      Sec. 31. 1.  In accordance with the provisions of this chapter, a transportation network company which holds a valid permit issued by the Commission pursuant to this chapter may, on behalf of a driver, charge a fare for transportation services provided to a passenger by the driver.

      2.  If a fare is charged, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the digital network or software application service of the company.

 


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      3.  If a fare is charged, the company must offer to each passenger the option to receive, before the passenger enters the motor vehicle of a driver, an estimate of the amount of the fare that will be charged to the passenger.

      4.  A transportation network company may accept payment of a fare only electronically. A transportation network company or a driver shall not solicit or accept cash as payment of a fare.

      5.  A transportation network company shall not impose any additional charge for a driver who provides transportation services to a person with a physical disability because of the disability.

      6.  The Commission may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

      Sec. 32. 1.  A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the company if the motor vehicle operated by the driver to provide transportation services:

      (a) Is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle.

      (b) Has less than four doors.

      (c) Is designed to carry more than eight passengers, including the driver.

      (d) Is a farm tractor, mobile home, recreational vehicle, semitractor, semitrailer, trailer, bus or tow car.

      2.  A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services to ensure that the vehicle complies with the provisions of subsection 1 and any regulations adopted by the Commission before allowing the driver to use the motor vehicle to provide transportation services and not less than once each year thereafter.

      Sec. 33. 1.  A transportation network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      2.  A driver shall not discriminate against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      3.  A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a motor vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a motor vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

      Sec. 34. For each instance in which a driver provides transportation services to a passenger, the transportation network company which connected the passenger to the driver shall provide to the passenger, before the passenger enters the motor vehicle of a driver, a photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver. The information required by this section must be provided to the passenger:

 


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      1.  On an Internet website maintained by the company; or

      2.  Within the digital network or software application service of the company.

      Sec. 35. A transportation network company which connected a passenger to a driver shall, within a reasonable period following the provision of transportation services by the driver to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services;

      2.  The total time for which transportation services were provided;

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services.

      Sec. 36. 1.  A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

      (a) Trip records;

      (b) Driver records and vehicle inspection records;

      (c) Records of each complaint and the resolution of each complaint; and

      (d) Records of each accident or other incident that involved a driver and was reported to the transportation network company.

      2.  Each transportation network company shall make its records available for inspection by the Commission and the Regulatory Operations Staff of the Commission upon request to investigate complaints, promote public safety and ensure compliance with the provisions of this chapter.

      Sec. 37. 1.  Each transportation network company shall:

      (a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Commission upon request; and

      (b) On or before May 15 of each year, provide an annual report to the Commission regarding all business conducted by the company in this State during the preceding calendar year.

      2.  The Commission shall adopt regulations setting forth the form and contents of the information required to be provided pursuant to subsection 1.

      3.  If the Commission determines that a transportation network company has failed to include information in its accounts or report required pursuant to subsection 1, the Commission shall notify the company to provide such information. A company which receives a notice pursuant to this subsection shall provide the specified information within 15 days after receipt of such a notice.

      4.  All information required to be provided pursuant to this section must be signed by an officer or agent of, or other person authorized by, the transportation network company under oath.

      Sec. 38. 1.  A driver shall not solicit or accept a passenger or provide transportation services to any person unless the person has arranged for the transportation services through the digital network or software application service of the transportation network company.

      2.  With respect to a passenger’s destination, a driver shall not:

      (a) Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s motor vehicle.

 


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      (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      (c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

      (d) Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.

      3.  A driver shall not, at the time the driver picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver can demonstrate to the satisfaction of the Commission that:

      (a) The driver has good reason to fear for the driver’s personal safety; or

      (b) The driver is prohibited by law or regulation from carrying the person requesting transportation services.

      Sec. 39. 1.  A driver is prohibited from consuming, using or being under the influence of any intoxicating liquor or controlled substance during any period in which the driver is providing transportation services on behalf of the transportation network company and any period in which the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not providing transportation services.

      2.  Each transportation network company shall:

      (a) Provide notice of the provisions of subsection 1:

             (1) On an Internet website maintained by the company; or

             (2) Within the digital network or software application service of the company; and

      (b) Provide for the submission to the company of a complaint by a passenger who reasonably believes that a driver is operating a motor vehicle in violation of the provisions of subsection 1.

      3.  Upon receipt of a complaint submitted by a passenger who reasonably believes that a driver is operating a motor vehicle in violation of the provisions of subsection 1, a transportation network company shall immediately suspend the access of the driver to the digital network or software application service of the company and conduct an investigation of the complaint. The company shall not allow the driver to access the digital network or software application service of the company or provide transportation services in affiliation with the company until after the investigation is concluded.

      4.  If a transportation network company determines, pursuant to an investigation conducted pursuant to subsection 3, that a driver has violated the provisions of subsection 1, the company shall terminate the agreement entered into with the driver and shall not allow the driver to access the digital network or software application service of the company.

      5.  Each transportation network company shall maintain a record of each complaint described in subsection 3 and received by the company for a period of not less than 3 years after the date on which the complaint is received. The record must include, without limitation, the name of the driver, the date on which the complaint was received, a summary of the investigation conducted by the company and the results of the investigation.

 


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      Sec. 40. 1.  Except as otherwise provided in this section, a transportation network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      (a) The disclosure is otherwise required by law;

      (b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      (c) The passenger consents to the disclosure.

      2.  A transportation network company may disclose to a driver the name and telephone number of a passenger for the purposes of facilitating correct identification of the passenger and facilitating communication between the driver and the passenger.

      Sec. 41. 1.  Each transportation network company shall:

      (a) Provide notice of the contact information of the Division of Consumer Complaint Resolution of the Commission on an Internet website maintained by the company or within the digital network or software application service of the company; and

      (b) Create a system to receive and address complaints from consumers which is available during normal business hours in this State.

      2.  The Division of Consumer Complaint Resolution of the Commission shall accept, promptly investigate and attempt to resolve each complaint submitted to the Division by a person who alleges that a transportation network company or driver has violated the provisions of this chapter.

      3.  The Commission shall adopt regulations to establish procedures for investigating a complaint, holding a hearing and imposing disciplinary action, including, without limitation, the imposition of the penalties described in section 42 of this act, for a violation of this chapter.

      Sec. 42. 1.  If the Commission determines that a transportation network company or driver has violated the terms of a permit issued pursuant to this chapter or any provision of this chapter or any regulations adopted pursuant thereto, the Commission may, depending on whether the violation was committed by the company, the driver, or both:

      (a) Suspend or revoke the permit issued to the transportation network company;

      (b) Impose against the transportation network company an administrative fine in an amount not to exceed $100,000 per violation;

      (c) Prohibit a person from operating as a driver; or

      (d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).

      2.  To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (d) of subsection 1, the Commission shall consider:

      (a) The size of the transportation network company;

      (b) The severity of the violation;

      (c) Any good faith efforts by the transportation network company to remedy the violation;

      (d) The history of previous violations by the transportation network company; and

      (e) Any other factor that the Commission determines to be relevant.

 


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      3.  Notwithstanding the provisions of NRS 193.170, a person who violates any provision of sections 15 to 46, inclusive, of this act is not subject to any criminal penalty for such a violation.

      Sec. 43. 1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  A transportation network company which holds a valid permit issued by the Commission pursuant to this chapter, a driver who has entered into an agreement with such a company and a vehicle operated by such a driver are exempt from:

      (a) The provisions of chapter 706 of NRS; and

      (b) The provisions of chapter 704 relating to public utilities,

Ê to the extent that the services provided by the company or driver are within the scope of the permit.

      Sec. 44. 1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

      (a) Impose any tax or fee on a transportation network company operating within the scope of a valid permit issued by the Commission pursuant to this chapter, a driver who has entered into an agreement with such a company or a vehicle operated by such a driver or for transportation services provided by such a driver.

      (b) Require a transportation network company operating within the scope of a valid permit issued by the Commission pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope or require a driver who has entered into an agreement with such a company to obtain from the local government any certificate, license or permit to provide transportation services.

      (c) Impose any other requirement upon a transportation network company or a driver which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring a transportation network company or driver to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring a transportation network company or a driver to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a vehicle operated by a driver from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS.

      Sec. 45. 1.  Each transportation network company shall provide to the Commission reports containing information relating to motor vehicle accidents involving drivers affiliated with the company which occurred in this State while the driver was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services.

 


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available to receive requests for transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

      (a) For all accidents that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.

      (b) For all accidents that occurred during the first 12 months that the company operates within this State, on or before the date 13 months after the company was issued a permit.

      2.  The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:

      (a) The number of motor vehicle accidents which occurred in this state involving such a driver;

      (b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such an accident; and

      (c) The highest, lowest and average amount paid for damage to property that occurred as a result of such an accident.

      3.  The Commission shall collect the reports submitted by transportation network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to section 10 of this act are sufficient. The Commission shall submit a report stating whether the limits of coverage required pursuant to section 10 of this act are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Commission pursuant to this subsection:

      (a) To the Legislative Commission on or before December 1 of each odd-numbered year.

      (b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.

      Sec. 46. The Commission shall adopt such regulations as are necessary to carry out the provisions of this chapter.

      Sec. 47. NRS 703.150 is hereby amended to read as follows:

      703.150  The Commission shall supervise and regulate the operation and maintenance of public utilities and other persons named and defined in chapters 704, 704A and 708 of NRS and sections 15 to 46, inclusive, of this act pursuant to the provisions of those chapters.

      Sec. 48. NRS 703.164 is hereby amended to read as follows:

      703.164  1.  The Commission may employ, or retain on a contract basis, legal counsel who shall:

      (a) Except as otherwise provided in subsection 2, be counsel and attorney for the Commission in all actions, proceedings and hearings.

      (b) Prosecute in the name of the Commission all civil actions for the enforcement of NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705 and 708 of NRS and sections 15 to 46, inclusive, of this act and for the recovery of any penalty or forfeiture provided for therein.

      (c) Generally aid the Commission in the performance of its duties and the enforcement of NRS 702.160 and 702.170 and chapters 704, 704A, 704B, 705 and 708 of NRS [.] and sections 15 to 46, inclusive, of this act.

      2.  Each district attorney shall:

 


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      (a) Prosecute any violation of chapter 704, 704A, 705, 708 or 711 of NRS for which a criminal penalty is provided and which occurs in the district attorney’s county.

      (b) Aid in any investigation, prosecution, hearing or trial held under the provisions of chapter 704, 704A, 705, 708 or 711 of NRS and, at the request of the Commission or its legal counsel, act as counsel and attorney for the Commission.

      3.  The Attorney General shall, if the district attorney fails or refuses to do so, prosecute all violations of the laws of this state by public utilities under the jurisdiction of the Commission and their officers, agents and employees.

      4.  The Attorney General is not precluded from appearing in or moving to intervene in any action and representing the interest of the State of Nevada in any action in which the Commission is a party and is represented by independent counsel.

      Sec. 49. NRS 703.380 is hereby amended to read as follows:

      703.380  1.  Unless another administrative fine is specifically provided, a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:

      (a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS, or sections 15 to 46, inclusive, of this act, including, without limitation, the failure to pay any applicable tax, fee or assessment;

      (b) Violates any rule or regulation of the Commission; or

      (c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission,

Ê is liable for an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing, in an amount not to exceed $1,000 per day for each day of the violation and not to exceed $100,000 for any related series of violations.

      2.  In determining the amount of the administrative fine, the Commission shall consider the appropriateness of the fine to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance after notification of a violation and any repeated violations committed by the person charged.

      3.  An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.

      4.  All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.

      5.  The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this subsection.

 


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ê2015 Statutes of Nevada, Page 1390 (Chapter 278, AB 175)ê

 

      6.  The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377.

      Sec. 50. Chapter 706 of NRS is hereby amended by adding thereto the provisions set forth as sections 51, 52 and 53 of this act.

      Sec. 51. 1.  Except as otherwise provided in subsection 2 and in addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the connection, whether by dispatch or other means, made by a common motor carrier of a passenger to a person or operator willing to transport the passenger at the rate of 3 percent of the total fare charged for the transportation, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The Authority shall charge and collect from each common motor carrier of passengers the excise tax imposed by this subsection.

      2.  The provisions of subsection 1 do not apply to an airport transfer service.

      3.  The excise tax collected by the Authority pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section 53 of this act.

      4.  As used in this section, “airport transfer service” means the transportation of passengers and their baggage in the same vehicle, except by taxicab, for a per capita charge between airports or between an airport and points and places in this State. The term does not include charter services by bus, charter services by limousine, scenic tours or special services.

      Sec. 52. 1.  Except as otherwise provided in subsection 2 and in addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the connection, whether by dispatch or other means, made by a certificate holder of a passenger to a taxicab willing to transport the passenger at the rate of 3 percent of the total fare charged for the transportation, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The Taxicab Authority shall charge and collect from each certificate holder the excise tax imposed by this subsection.

      2.  The excise tax collected by the Taxicab Authority pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section 53 of this act.

      Sec. 53.  The State Treasurer shall deposit any money the State Treasurer receives from the Public Utilities Commission of Nevada pursuant to section 28 of this act, the Authority pursuant to section 51 of this act and the Taxicab Authority pursuant to section 52 of this act:

      1.  For the first $5,000,000 of the combined amount of such money received in each biennium, for credit to the State Highway Fund.

      2.  For any additional amount of such money received in each fiscal year, for credit to the State General Fund.

 


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ê2015 Statutes of Nevada, Page 1391 (Chapter 278, AB 175)ê

 

      Sec. 54. NRS 706.881 is hereby amended to read as follows:

      706.881  1.  The provisions of NRS 706.8811 to 706.885, inclusive, and section 52 of this act apply to any county:

      (a) Whose population is 700,000 or more; or

      (b) For whom regulation by the Taxicab Authority is not required, if the board of county commissioners of the county has enacted an ordinance approving the inclusion of the county within the jurisdiction of the Taxicab Authority.

      2.  Upon receipt of a certified copy of such an ordinance from a county for whom regulation by the Taxicab Authority is not required, the Taxicab Authority shall exercise its regulatory authority pursuant to NRS 706.8811 to 706.885, inclusive, within that county.

      3.  Within any such county, the provisions of this chapter which confer regulatory authority over taxicab motor carriers upon the Nevada Transportation Authority do not apply.

      Sec. 55.  1.  The Public Utilities Commission of Nevada shall investigate and compare the efficacy, efficiency and effect on public safety of background checks performed pursuant to paragraph (b) of subsection 2 of section 30 of this act and background checks performed by submitting the fingerprints of a person by the Central Repository for Nevada Records of Criminal History to the Federal Bureau of Investigation for its report.

      2.  The Public Utilities Commission of Nevada shall, on or before the date 6 months after the effective date of this section, report the results of its investigation to the Legislative Commission.

      Sec. 56.  1.  Notwithstanding any regulation adopted by the Public Utilities Commission of Nevada pursuant to sections 15 to 46, inclusive, of this act, a transportation network company, as defined in section 18 of this act, which is issued a permit by the Public Utilities Commission of Nevada pursuant to section 26 of this act on or before July 1, 2017, may commence operations in this State immediately upon being issued a permit.

      2.  Notwithstanding the effective date of any regulation adopted by the Public Utilities Commission of Nevada pursuant to sections 15 to 46, inclusive, of this act on or before July 1, 2017, a transportation network company must not be required to comply with the provisions of the regulation until 30 days after the regulation is filed with the Secretary of State.

      Sec. 57.  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. 58.  1.  This section and sections 2 to 50, inclusive, and 53 to 57, inclusive, of this act become effective upon passage and approval.

      2.  Sections 51 and 52 of this act become effective on the 90th day after the effective date described in subsection 1.

      3.  Section 1 of this act becomes effective on October 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 1392ê

 

CHAPTER 279, AB 176

Assembly Bill No. 176–Assemblymen Armstrong, Paul Anderson, Silberkraus, Edwards; Dickman, Ellison, Kirner, Oscarson and Titus

 

CHAPTER 279

 

[Approved: May 29, 2015]

 

AN ACT relating to transportation; requiring the regional transportation commission in certain counties to establish and administer the Nevada Yellow Dot Program; setting forth the requirements of the Program; requiring the commission in those counties to establish a campaign to raise public awareness of the Program; conferring immunity from civil liability for damages for a first responder under certain circumstances; revising provisions relating to casualty insurance for certain uses of motor vehicles; providing for the regulation of transportation network companies by the Nevada Transportation Authority; establishing requirements concerning drivers and motor vehicles operated by drivers who provide transportation services; prohibiting a local government from imposing any additional tax, fee or requirement for providing transportation services; exempting a transportation network company or driver who provides transportation services from certain provisions of law governing motor carriers; transferring responsibility for certain fees, assessments and excise taxes from the Public Utilities Commission of Nevada to the Authority; requiring an investigation and comparison of certain types of background checks; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill: (1) requires the regional transportation commission in a county whose population is 700,000 or more (currently Clark County) to establish and administer the Nevada Yellow Dot Program in coordination with each regional transportation commission in this State; (2) requires the regional transportation commission in a county whose population is 700,000 or more (currently Clark County) to disseminate information about the Program to the public and to public safety agencies; (3) authorizes that commission to obtain grants or sponsorships for the Program; and (4) provides that first responders are immune from civil liability for damages as a result of any act or omission taken by the first responder relating to a collision or other emergency in connection with the Program.

      Sections 3-46 of this bill provide for the permitting by the Nevada Transportation Authority of transportation network companies and the regulation by the Authority of the provision of transportation services. Section 19 of this bill defines a “transportation network company” as an entity that uses a digital network or software application service to connect passengers to drivers who can provide transportation services to passengers. Section 20 of this bill defines “transportation services” as the transportation by motor vehicle of one or more passengers between points chosen by the passenger or passengers and prearranged with a driver through the use of the digital network or software application service of a transportation network company. Section 21 of this bill provides that it is the purpose and policy of the Legislature in enacting this bill to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers affiliated with transportation network companies in this State.

      Sections 4-14 of this bill establish certain requirements concerning the provision of insurance for the payment of tort liabilities arising from the operation of a motor vehicle by a driver who provides transportation services.

 


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ê2015 Statutes of Nevada, Page 1393 (Chapter 279, AB 176)ê

 

      Section 25 of this bill prohibits any person from doing business in this State as a transportation network company unless the person holds a valid permit issued by the Authority pursuant to the provisions of sections 4-14 and 16-46 of this bill. Section 25 also: (1) empowers the Authority to regulate, pursuant to the provisions of this bill, all transportation network companies and drivers who operate or wish to operate within this State; and (2) prohibits the Authority from applying any provision of chapter 706 of NRS, relating to motor carriers, to a transportation network company or driver who operates within the provisions of sections 4-14 and 16-46 of this bill. Section 26 of this bill provides for the submission to the Authority of an application for a permit. Section 27 of this bill requires the Authority to issue a permit to an applicant upon a determination by the Authority that the applicant meets all the applicable requirements for the issuance of the permit. Section 27 of this bill further provides that a permit issued by the Authority authorizes a transportation network company to: (1) connect passengers to a driver who can provide transportation services through the use of a digital network or software application service; and (2) make its digital network or software application service available to one or more drivers to receive connections from the company. Section 27 of this bill provides that a permit issued by the Authority does not authorize a transportation network company to engage in any activity regulated pursuant to chapter 706 of NRS, relating to motor carriers. Additionally, section 27 provides that a person who is regulated pursuant to chapter 706 of NRS may be issued a permit to operate a transportation network company if the person meets the requirements for the issuance of a permit.

      Section 29 of this bill authorizes a transportation network company to enter into agreements with one or more drivers to receive connections to potential passengers from the company. Section 29 also establishes the minimum qualifications for drivers and requires a transportation network company to conduct an investigation of the background of each driver, which must include a criminal background check, a search of a database containing information from the sex offender website maintained by each state and a review of the complete driving history of the driver. Further, section 29 sets forth the conditions for which a transportation network company must terminate an agreement with a driver.

      Section 30 of this bill: (1) provides that a transportation network company may, on behalf of a driver, charge a fare for the provision of transportation services by the driver; and (2) places certain requirements on the company concerning the fares and the information which must be provided to passengers concerning the amount and the calculation of fares.

      Section 31 of this bill: (1) prohibits a transportation network company from allowing any driver who operates a motor vehicle that is not in compliance with all federal, state and local laws governing the operation and maintenance of a motor vehicle to be connected to potential passengers; and (2) requires annual inspections of each motor vehicle operated by a driver.

      Section 32 of this bill prohibits discrimination on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression by a transportation network company or driver. Section 33 of this bill requires a transportation network company to provide to passengers certain information relating to the identification of a driver. Section 34 of this bill requires a transportation network company to provide an electronic receipt to each passenger. Section 35 of this bill allows a transportation network company to enter into certain contracts with the Department of Health and Human Services. Section 36 of this bill imposes on transportation network companies certain recordkeeping requirements. Section 37 of this bill imposes on transportation network companies certain reporting requirements.

      Section 38 of this bill establishes certain requirements relating to the provision of transportation services by a driver. Section 38 also prohibits a driver from soliciting passengers or providing transportation services except to persons who have arranged for such transportation services through the digital network or software application service of a transportation network company. Section 39 of this bill prohibits a driver from consuming, using or being under the influence of any intoxicating liquor or controlled substance during any period when the driver is providing transportation services or is logged into the digital network or software application service of a transportation network company.

 


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ê2015 Statutes of Nevada, Page 1394 (Chapter 279, AB 176)ê

 

controlled substance during any period when the driver is providing transportation services or is logged into the digital network or software application service of a transportation network company. With certain exceptions, section 40 of this bill prohibits a transportation network company from releasing the personally identifiable information of passengers.

      Section 41 of this bill provides for the investigation of complaints against a transportation network company or driver. Section 42 of this bill: (1) authorizes the Authority to impose certain penalties for any violation of the provisions of sections 4-14 and 16-46 of this bill by a transportation network company or driver; and (2) provides that a person who violates any provision of sections 4-14 and 16-46 of this bill is not subject to a criminal penalty.

      Section 43 of this bill provides that this bill does not exempt any person from any other laws governing the operation of a motor vehicle upon the highways of this State, except that a transportation network company or a driver who provides transportation services within the scope of a permit issued by the Authority is not subject to the provisions of existing law governing motor carriers or public utilities.

      Section 44 of this bill prohibits a local government from: (1) imposing any tax or fee on a transportation network company, a driver who has entered into an agreement with such a company or a vehicle operated by such a driver or for transportation services provided by such a driver; (2) requiring a transportation network company or driver to obtain from the local government any certificate, license or permit to provide transportation services; or (3) imposing any other requirement on the operation of a motor vehicle by a transportation network company or driver which is not of general applicability. Section 44 does not prohibit a local government from requiring a transportation network company or driver to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government. Section 44 does not prohibit an airport from requiring a transportation network company or driver to obtain a permit or certification to operate at the airport, pay a fee to operate at the airport or comply with any other requirement to operate at the airport. Section 44 also states that sections 4-14 and 16-46 of this bill do not exempt any person from the requirement to obtain a state business license and requires a transportation network company to notify each driver of the requirement.

      Section 45 of this bill requires each transportation network company to provide the Authority with reports at certain times containing certain information about damages resulting from accidents involving drivers who are providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services. Section 45 also requires the Authority to collect these reports, determine whether the limits of coverage required pursuant to section 11 of this bill are sufficient and report to the Legislative Commission or Director of the Legislative Counsel Bureau.

      Sections 47-53 and 58 of this bill revise the provisions of Assembly Bill No. 175 of this session to make the Authority, rather than the Public Utilities Commission of Nevada, responsible for carrying out the provisions of that bill relating to fees, assessments and excise taxes for transportation network companies.

      Section 54 of this bill provides that: (1) a transportation network company may commence operations within this State immediately upon being issued a permit; (2) any regulation adopted by the Authority pursuant to sections 4-14 and 16-46 of this bill on or before July 1, 2017, shall not be effective for at least 30 days after filing with the Secretary of State; (3) the Authority must begin to accept applications for permits within 30 days after the effective date of section 26 of this bill; and (4) the Authority shall not issue a permit until July 1, 2015.

      Section 55 of this bill requires the Nevada Transportation Authority to investigate and compare specific types of background checks to determine the efficacy, efficiency and effect on public safety and report the results of its investigation to the Legislative Commission.

 


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ê2015 Statutes of Nevada, Page 1395 (Chapter 279, AB 176)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 277A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  In a county whose population is 700,000 or more, the commission shall establish and administer the Nevada Yellow Dot Program for the purpose of improving traffic safety.

      2.  The commission specified in subsection 1 shall coordinate with each commission in this State regarding the design, implementation and funding of the Program.

      3.  The Program must:

      (a) Be available to any person in this State who wishes to participate in the Program by obtaining the materials described in paragraphs (b) and (c):

             (1) At the main office or any branch office of each commission in this State;

             (2) At the main office or any branch office of the Nevada Highway Patrol, the Department of Transportation or other location designated by the commission in a county whose population is 700,000 or more; or

             (3) By mail, upon request.

      (b) Provide to a participant a distinctive round yellow decal to be placed on a specified location of a vehicle in which the participant is regularly a driver or passenger, to notify first responders that important medical information concerning an occupant of the vehicle may be found in the glove compartment of the vehicle if the occupant is involved in a collision or other emergency.

      (c) Provide to a participant a brightly colored and distinctively marked envelope and information card to be completed by the participant and kept in the glove box of a vehicle upon which the decal described in paragraph (b) has been affixed. The information card must include, without limitation, spaces for the participant to include:

             (1) The participant’s name;

             (2) A recent photograph of the participant;

             (3) Emergency contact information;

             (4) Any allergies or medical conditions of the participant;

             (5) The name and contact information of the participant’s physician and a preferred hospital, if any; and

             (6) Information, if any, regarding the participant’s health insurance.

      4.  In designing materials for the Program, the commission in a county whose population is 700,000 or more shall consider any materials used by similar programs in other states to ensure, to the extent practicable, uniformity with those materials.

      5.  In a county whose population is 700,000 or more, the commission shall establish and carry out a public information campaign to raise public awareness of the Program. In carrying out that campaign, that commission shall disseminate information concerning the Program to public safety agencies in this State.

 


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ê2015 Statutes of Nevada, Page 1396 (Chapter 279, AB 176)ê

 

      6.  In a county whose population is 700,000 or more, the commission may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the Program, including, without limitation, any private or corporate sponsorship for the Program.

      7.  A first responder is not liable for any civil damages as a result of any act or omission taken by the first responder relating to a collision or other emergency, not amounting to gross negligence, including, without limitation, failure to observe a decal, failure or inability to locate an information card, or reliance on incomplete, incorrect or outdated information on an information card.

      8.  As used in this section, “first responder” means any police, fire or emergency medical personnel acting in the normal course of duty.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.5. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1A.110, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.

 


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ê2015 Statutes of Nevada, Page 1397 (Chapter 279, AB 176)ê

 

522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and section 36 of this act and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

      4.  A person may request a copy of a public record in any medium in which the public record is readily available. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

 


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ê2015 Statutes of Nevada, Page 1398 (Chapter 279, AB 176)ê

 

      Sec. 3. Chapter 690B of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 14, inclusive, of this act.

      Sec. 4.  As used in sections 4 to 14, inclusive, of this act, the words and terms defined in sections 5 to 8, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 5. “Driver” has the meaning ascribed to it in section 18 of this act.

      Sec. 6. “Transportation network company” has the meaning ascribed to it in section 19 of this act.

      Sec. 7. “Transportation network company insurance” means a policy of insurance that includes coverage specifically for the use of a vehicle by a driver pursuant to sections 4 to 14, inclusive, of this act.

      Sec. 8. “Transportation services” has the meaning ascribed to it in section 20 of this act.

      Sec. 9. The provisions of sections 4 to 14, inclusive, of this act do not apply to a person who is regulated pursuant to chapter 704 or 706 of NRS unless the person holds a permit issued pursuant to section 27 of this act.

      Sec. 10. Before allowing a natural person to be connected to a potential passenger using the digital network or software application service of a transportation network company to provide transportation services as a driver, a transportation network company shall, in writing:

      1.  Disclose the insurance coverage and limits of liability that the transportation network company provides for a driver while the driver is providing transportation services.

      2.  Notify the person that:

      (a) His or her insurance for the operation of a motor vehicle required pursuant to NRS 485.185 may not provide coverage for the use of a motor vehicle to provide transportation services.

      (b) If comprehensive or collision coverage was purchased in addition to such insurance, the comprehensive or collision coverage may not apply to any damage which results from the use of the motor vehicle while a driver is providing transportation services or logged into the digital network or software application service of a transportation network company and available to receive requests for transportation services.

      3.  Disclose to the person that, if there is a lien against a vehicle used by a driver to provide transportation services, the driver must notify the lienholder that the vehicle is being used to provide transportation services.

      4.  Disclose to the person that the use of a vehicle to provide transportation services may violate the contract between a driver and a lienholder.

      Sec. 11. 1.  Every transportation network company or driver shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375:

      (a) In an amount of not less than $1,500,000 for bodily injury to or death of one or more persons and injury to or destruction of property of others in any one accident that occurs while the driver is providing transportation services;

 


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      (b) In an amount of not less than $50,000 for bodily injury to or death of one person in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services;

      (c) Subject to the minimum amount for one person required by paragraph (b), in an amount of not less than $100,000 for bodily injury to or death of two or more persons in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services; and

      (d) In an amount of not less than $25,000 for injury to or destruction of property of others in any one accident that occurs while the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not otherwise providing transportation services,

Ê for the payment of tort liabilities arising from the maintenance or use of the motor vehicle.

      2.  The transportation network company insurance required by subsection 1 may be provided through one or a combination of insurance policies provided by the transportation network company or the driver, or both.

      3.  Every transportation network company shall continuously provide, during any period in which the driver is providing transportation services, transportation network company insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State or a broker licensed pursuant to chapter 685A of NRS or procured directly from a nonadmitted insurer, as defined in NRS 685A.0375, which meets the requirements of subsection 1 as primary insurance if the insurance provided by the driver:

      (a) Lapses; or

      (b) Fails to meet the requirements of subsection 1.

      4.  Notwithstanding the provisions of NRS 485.185 and 485.186 which require the owner or operator of a motor vehicle to provide insurance, transportation network company insurance shall be deemed to satisfy the requirements of NRS 485.185 or 485.186, as appropriate, regardless of whether the insurance is provided by the transportation network company or the driver, or both, if the transportation network company insurance otherwise satisfies the requirements of NRS 485.185 or 485.186, as appropriate.

      5.  In addition to the coverage required pursuant to subsection 1, a policy of transportation network company insurance may include additional coverage, including, without limitation, coverage for medical payments, coverage for uninsured or underinsured motorists, comprehensive coverage and collision coverage.

      6.  An insurer who provides transportation network company insurance shall not require a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.

 


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appropriate, to deny a claim before the transportation network company insurance provides coverage for a claim.

      7.  An insurer who provides transportation network company insurance has a duty to defend and indemnify the driver and the transportation network company.

      8.  An insurer who provides transportation network company insurance which includes comprehensive coverage or collision coverage for the operation of a motor vehicle against which a lienholder holds a lien shall issue any payment for a claim under such coverage:

      (a) Directly to the person who performs repairs upon the vehicle; or

      (b) Jointly to the owner of the vehicle and the lienholder.

      9.  A transportation network company that provides transportation network company insurance for a motor vehicle is not deemed to be the owner of the motor vehicle.

      Sec. 12. 1.  A policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, is not required to include transportation network company insurance. An insurer providing a policy which excludes transportation network company insurance does not have a duty to defend or indemnify a driver for any claim arising during any period in which the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

      2.  An insurer who provides a policy of insurance for the operation of a motor vehicle required pursuant to NRS 485.185 or 485.186, as appropriate, may include transportation network company insurance in such a policy. An insurer may charge an additional premium for the inclusion of transportation network company insurance in such a policy.

      3.  An insurer who:

      (a) Defends or indemnifies a driver for a claim arising during any period in which the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services; and

      (b) Excludes transportation network company insurance from the policy of insurance for the operation of a motor vehicle provided to the driver,

Ê has the right of contribution against other insurers who provide coverage to the driver to satisfy the coverage required by section 11 of this act at the time of the loss.

      Sec. 13. In any investigation relating to tort liability arising from the operation of a motor vehicle, each transportation network company and driver, and each insurer providing transportation network company insurance to a transportation network company or driver, who is involved in the underlying incident shall cooperate with any other party to the incident and any other insurer involved in the investigation and share information, including, without limitation:

      1.  The date and time of an accident involving a driver.

      2.  The dates and times that the driver involved in an accident logged into the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident.

 


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      3.  The dates and times that the driver involved in an accident logged out of the digital network or software application service of the transportation network company for a period of 12 hours immediately preceding and 12 hours immediately following the accident.

      4.  A clear description of the coverage, exclusions and limits provided under any policy of transportation network company insurance which applies.

      Sec. 14. 1.  A driver shall carry proof of coverage under a policy of transportation network company insurance at all times when the driver is logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services.

      2.  A driver shall provide proof of coverage under a policy of transportation network company insurance and disclose whether he or she was logged into the digital network or software application service of the transportation network company, available to receive requests for transportation services or providing transportation services at the time of an accident upon request to a law enforcement officer and to any party with whom the driver is involved in an accident.

      Sec. 15. Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 16 to 46, inclusive, of this act.

      Sec. 16.  As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 17 to 20, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 17.  “Authority” means the Nevada Transportation Authority.

      Sec. 18.  “Driver” means a natural person who:

      1.  Operates a motor vehicle that is owned, leased or otherwise authorized for use by the person; and

      2.  Enters into an agreement with a transportation network company to receive connections to potential passengers and related services from a transportation network company in exchange for the payment of a fee to the transportation network company.

      Sec. 19.  “Transportation network company” or “company” means an entity that uses a digital network or software application service to connect a passenger to a driver who can provide transportation services to the passenger.

      Sec. 20. “Transportation services” means the transportation by a driver of one or more passengers between points chosen by the passenger or passengers and prearranged through the use of the digital network or software application service of a transportation network company. The term includes only the period beginning when a driver accepts a request by a passenger for transportation through the digital network or software application service of a transportation network company and ending when the last such passenger fully disembarks from the motor vehicle operated by the driver.

      Sec. 21. It is hereby declared to be the purpose and policy of the Legislature in enacting this chapter to ensure the safety, reliability and cost-effectiveness of the transportation services provided by drivers affiliated with transportation network companies in this State.

 


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      Sec. 22. The provisions of this chapter do not apply to:

      1.  Common motor carriers or contract motor carriers that are providing transportation services pursuant to a contract with the Department of Health and Human Services entered into pursuant to NRS 422.2705.

      2.  A person who provides a digital network or software application service to enable persons who are interested in sharing expenses for transportation to a destination, commonly known as carpooling, to connect with each other, regardless of whether a fee is charged by the person who provides the digital network or software application service.

      Sec. 23. Nothing in this chapter shall be construed to deem a motor vehicle operated by a driver to provide transportation services to be a commercial motor vehicle.

      Sec. 24. Except as otherwise provided in this chapter and the regulations adopted pursuant thereto or by a written contract between a transportation network company and a driver, a company shall not control, direct or manage a driver or the motor vehicle operated by a driver.

      Sec. 25. 1.  A transportation network company shall not engage in business in this State unless the company holds a valid permit issued by the Authority pursuant to this chapter.

      2.  A driver shall not provide transportation services unless the company with which the driver is affiliated holds a valid permit issued by the Authority pursuant to this chapter.

      3.  The Authority is authorized and empowered to regulate, pursuant to the provisions of this chapter, all transportation network companies and drivers who operate or wish to operate within this State. The Authority shall not apply any provision of chapter 706 of NRS to a transportation network company or a driver who operates within the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 26. A person who desires to operate a transportation network company in this State must submit to the Authority an application for the issuance of a permit to operate a transportation network company. The application must be in the form required by the Authority and must include such information as the Authority, by regulation, determines is necessary to prove the person meets the requirements of this chapter for the issuance of a permit.

      Sec. 27. 1.  Upon receipt of a completed application and upon a determination by the Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the Authority shall issue to the applicant within 30 days a permit to operate a transportation network company in this State.

      2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

      (a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver who can provide transportation services.

      (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

 


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      (c) Does not authorize a transportation network company or any driver to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by this chapter.

      3.  Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to section 26 of this act and meets the requirements for the issuance of a permit.

      Sec. 28. A transportation network company shall appoint and keep in this State a registered agent as provided in NRS 14.020.

      Sec. 29. 1.  A transportation network company may enter into an agreement with one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

      2.  Before a transportation network company allows a person to be connected to potential passengers using the digital network or software application service of the company pursuant to an agreement with the company, the company must:

      (a) Require the person to submit an application to the company, which must include, without limitation:

             (1) The name, age and address of the applicant.

             (2) A copy of the driver’s license of the applicant.

             (3) A record of the driving history of the applicant.

             (4) A description of the motor vehicle of the applicant and a copy of the motor vehicle registration.

             (5) Proof that the applicant has complied with the requirements of NRS 485.185.

      (b) At the time of application and not less than once every 3 years thereafter, conduct or contract with a third party to conduct an investigation of the criminal history of the applicant, which must include, without limitation:

             (1) A review of a commercially available database containing criminal records from each state which are validated using a search of the primary source of each record.

             (2) A search of a database containing the information available in the sex offender registry maintained by each state.

      (c) At the time of application and not less than once every year thereafter, obtain and review a complete record of the driving history of the applicant.

      3.  A transportation network company may enter into an agreement with a driver if:

      (a) The applicant is at least 19 years of age.

      (b) The applicant possesses a valid driver’s license issued by the Department of Motor Vehicles unless the applicant is exempt from the requirement to obtain a Nevada driver’s license pursuant to NRS 483.240.

      (c) The applicant provides proof that the motor vehicle operated by him or her is registered with the Department of Motor Vehicles unless the applicant is exempt from the requirement to register the motor vehicle in this State pursuant to NRS 482.385.

      (d) The applicant provides proof that the motor vehicle operated by him or her is operated and maintained in compliance with all applicable federal, state and local laws.

 


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      (e) The applicant provides proof that he or she currently is in compliance with the provisions of NRS 485.185.

      (f) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of three or more violations of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a misdemeanor.

      (g) In the 3 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of the motor vehicle laws of this State or any traffic ordinance of any city or town, the penalty prescribed for which is a gross misdemeanor or felony.

      (h) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any violation of federal, state or local law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance.

      (i) In the 7 years immediately preceding the date on which the application is submitted, the applicant has not been found guilty of any crime involving an act of terrorism, an act of violence, a sexual offense, fraud, theft, damage to property of another or the use of a motor vehicle in the commission of a felony.

      (j) The name of the applicant does not appear in the database searched pursuant to subparagraph (2) of paragraph (b) of subsection 2.

      4.  A transportation network company shall terminate an agreement with any driver who:

      (a) Fails to submit to the transportation network company a change in his or her address, driver’s license or motor vehicle registration within 30 days after the date of the change.

      (b) Fails to immediately report to the transportation network company any change in his or her driving history or criminal history.

      (c) Refuses to authorize the transportation network company to obtain and review an updated complete record of his or her driving history not less than once each year and an investigation of his or her criminal history not less than once every 3 years.

      (d) Is determined by the transportation network company to be ineligible for an agreement pursuant to subsection 3 on the basis of any updated information received by the transportation network company.

      Sec. 30. 1.  In accordance with the provisions of this chapter, a transportation network company which holds a valid permit issued by the Authority pursuant to this chapter may, on behalf of a driver, charge a fare for transportation services provided to a passenger by the driver.

      2.  If a fare is charged, the company must disclose the rates charged by the company and the method by which the amount of a fare is calculated:

      (a) On an Internet website maintained by the company; or

      (b) Within the digital network or software application service of the company.

      3.  If a fare is charged, the company must offer to each passenger the option to receive, before the passenger enters the motor vehicle of a driver, an estimate of the amount of the fare that will be charged to the passenger.

 


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      4.  A transportation network company may accept payment of a fare only electronically. A transportation network company or a driver shall not solicit or accept cash as payment of a fare.

      5.  A transportation network company shall not impose any additional charge for a driver who provides transportation services to a person with a physical disability because of the disability.

      6.  The Authority may adopt regulations establishing a maximum fare that may be charged during an emergency, as defined in NRS 414.0345.

      Sec. 31. 1.  A transportation network company shall not allow a driver to be connected to potential passengers using the digital network or software application service of the company if the motor vehicle operated by the driver to provide transportation services:

      (a) Is not in compliance with all federal, state and local laws concerning the operation and maintenance of the motor vehicle.

      (b) Has less than four doors.

      (c) Is designed to carry more than eight passengers, including the driver.

      (d) Is a farm tractor, mobile home, recreational vehicle, semitractor, semitrailer, trailer, bus, motorcycle or tow car.

      2.  A transportation network company shall inspect or cause to be inspected every motor vehicle used by a driver to provide transportation services before allowing the driver to use the motor vehicle to provide transportation services and not less than once each year thereafter.

      3.  The inspection required by subsection 2 must include, without limitation, an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, muffler, exhaust, tires, rear view mirrors and safety belts of the vehicle which ensures the proper functioning of each component.

      Sec. 32. 1.  A transportation network company shall adopt a policy which prohibits discrimination against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      2.  A driver shall not discriminate against a passenger or potential passenger on account of national origin, religion, age, disability, sex, race, color, sexual orientation or gender identity or expression.

      3.  A transportation network company shall provide to each passenger an opportunity to indicate whether the passenger requires transportation in a motor vehicle that is wheelchair accessible. If the company cannot provide the passenger with transportation services in a motor vehicle that is wheelchair accessible, the company must direct the passenger to an alternative provider or means of transportation that is wheelchair accessible, if available.

      Sec. 33.  For each instance in which a driver provides transportation services to a passenger, the transportation network company which connected the passenger to the driver shall provide to the passenger, before the passenger enters the motor vehicle of a driver, a photograph of the driver who will provide the transportation services and the license plate number of the motor vehicle operated by the driver. The information required by this section must be provided to the passenger:

 


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      1.  On an Internet website maintained by the company; or

      2.  Within the digital network or software application service of the company.

      Sec. 34. A transportation network company which connected a passenger to a driver shall, within a reasonable period following the provision of transportation services by the driver to the passenger, transmit to the passenger an electronic receipt, which must include, without limitation:

      1.  A description of the point of origin and the destination of the transportation services;

      2.  The total time for which transportation services were provided;

      3.  The total distance traveled; and

      4.  An itemization of the fare, if any, charged for the transportation services.

      Sec. 35. A transportation network company may enter into a contract with any agency of the Department of Health and Human Services to provide assistance in transportation pursuant to the programs administered by the agency.

      Sec. 36. 1.  A transportation network company shall maintain the following records relating to the business of the company for a period of at least 3 years after the date on which the record is created:

      (a) Trip records;

      (b) Driver records and vehicle inspection records;

      (c) Records of each complaint and the resolution of each complaint; and

      (d) Records of each accident or other incident that involved a driver and was reported to the transportation network company.

      2.  Each transportation network company shall make its records available for inspection by the Authority upon request and only as necessary for the Authority to investigate complaints. This subsection does not require a company to make any proprietary information available to the Authority. Any records provided to the Authority are confidential and must not be disclosed other than to employees of the Authority.

      Sec. 37. 1.  Each transportation network company shall:

      (a) Keep uniform and detailed accounts of all business transacted in this State and provide such accounts to the Authority upon request;

      (b) On or before May 15 of each year, provide an annual report to the Authority regarding all business conducted by the company in this State during the preceding calendar year; and

      (c) Provide the information determined by the Authority to be necessary to verify the collection of money owed to the State.

      2.  The Authority shall adopt regulations setting forth the form and contents of the information required to be provided pursuant to subsection 1.

      3.  If the Authority determines that a transportation network company has failed to include information in its accounts or report required pursuant to subsection 1, the Authority shall notify the company to provide such information. A company which receives a notice pursuant to this subsection shall provide the specified information within 15 days after receipt of such a notice.

 


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      4.  All information required to be provided pursuant to this section must be signed by an officer or agent of, or other person authorized by, the transportation network company under oath.

      Sec. 38. 1.  A driver shall not solicit or accept a passenger or provide transportation services to any person unless the person has arranged for the transportation services through the digital network or software application service of the transportation network company.

      2.  With respect to a passenger’s destination, a driver shall not:

      (a) Deceive or attempt to deceive any passenger who rides or desires to ride in the driver’s motor vehicle.

      (b) Convey or attempt to convey any passenger to a destination other than the one directed by the passenger.

      (c) Take a longer route to the passenger’s destination than is necessary, unless specifically requested to do so by the passenger.

      (d) Fail to comply with the reasonable and lawful requests of the passenger as to speed of travel and route to be taken.

      3.  A driver shall not, at the time the driver picks up a passenger, refuse or neglect to provide transportation services to any orderly passenger unless the driver can demonstrate to the satisfaction of the Authority that:

      (a) The driver has good reason to fear for the driver’s personal safety; or

      (b) The driver is prohibited by law or regulation from carrying the person requesting transportation services.

      Sec. 39. 1.  A driver is prohibited from consuming, using or being under the influence of any intoxicating liquor or controlled substance during any period in which the driver is providing transportation services on behalf of the transportation network company and any period in which the driver is logged into the digital network or software application service of the transportation network company and available to receive requests for transportation services but is not providing transportation services.

      2.  Each transportation network company shall:

      (a) Provide notice of the provisions of subsection 1:

             (1) On an Internet website maintained by the company; or

             (2) Within the digital network or software application service of the company; and

      (b) Provide for the submission to the company of a complaint by a passenger who reasonably believes that a driver is operating a motor vehicle in violation of the provisions of subsection 1.

      3.  Upon receipt of a complaint submitted by a passenger who reasonably believes that a driver is operating a motor vehicle in violation of the provisions of subsection 1, a transportation network company shall immediately suspend the access of the driver to the digital network or software application service of the company and conduct an investigation of the complaint. The company shall not allow the driver to access the digital network or software application service of the company or provide transportation services in affiliation with the company until after the investigation is concluded.

      4.  If a transportation network company determines, pursuant to an investigation conducted pursuant to subsection 3, that a driver has violated the provisions of subsection 1, the company shall terminate the agreement entered into with the driver and shall not allow the driver to access the digital network or software application service of the company.

 


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entered into with the driver and shall not allow the driver to access the digital network or software application service of the company.

      5.  Each transportation network company shall maintain a record of each complaint described in subsection 3 and received by the company for a period of not less than 3 years after the date on which the complaint is received. The record must include, without limitation, the name of the driver, the date on which the complaint was received, a summary of the investigation conducted by the company and the results of the investigation.

      Sec. 40. 1.  Except as otherwise provided in this section, a transportation network company shall not disclose to any person the personally identifiable information of a passenger who received services from the company unless:

      (a) The disclosure is otherwise required by law;

      (b) The company determines that disclosure is required to protect or defend the terms of use of the services or to investigate violations of those terms of use; or

      (c) The passenger consents to the disclosure.

      2.  A transportation network company may disclose to a driver the name and telephone number of a passenger for the purposes of facilitating correct identification of the passenger and facilitating communication between the driver and the passenger.

      Sec. 41. Each transportation network company shall:

      1.  Provide notice of the contact information of the Authority on an Internet website maintained by the company or within the digital network or software application service of the company; and

      2.  Create a system to receive and address complaints from consumers which is available during normal business hours in this State.

      Sec. 42. 1.  If the Authority determines that a transportation network company or driver has violated the terms of a permit issued pursuant to this chapter or any provision of this chapter or any regulations adopted pursuant thereto, the Authority may, depending on whether the violation was committed by the company, the driver, or both:

      (a) If the Authority determines that the violation is willful and endangers public safety, suspend or revoke the permit issued to the transportation network company;

      (b) If the Authority determines that the violation is willful and endangers public safety, impose against the transportation network company an administrative fine in an amount not to exceed $100,000 per violation;

      (c) Prohibit a person from operating as a driver; or

      (d) Impose any combination of the penalties provided in paragraphs (a), (b) and (c).

      2.  To determine the amount of an administrative fine imposed pursuant to paragraph (b) or (d) of subsection 1, the Authority shall consider:

      (a) The size of the transportation network company;

      (b) The severity of the violation;

      (c) Any good faith efforts by the transportation network company to remedy the violation;

      (d) The history of previous violations by the transportation network company; and

 


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      (e) Any other factor that the Authority determines to be relevant.

      3.  Notwithstanding the provisions of NRS 193.170, a person who violates any provision of this chapter is not subject to any criminal penalty for such a violation.

      Sec. 43. 1.  Except as otherwise provided in subsection 2, the provisions of this chapter do not exempt any person from any law governing the operation of a motor vehicle upon the highways of this State.

      2.  A transportation network company which holds a valid permit issued by the Authority pursuant to this chapter, a driver who has entered into an agreement with such a company and a vehicle operated by such a driver are exempt from:

      (a) The provisions of chapter 704 relating to public utilities; and

      (b) The provisions of chapter 706 of NRS,

Ê to the extent that the services provided by the company or driver are within the scope of the permit.

      Sec. 44. 1.  Except as otherwise provided in subsection 2, a local governmental entity shall not:

      (a) Impose any tax or fee on a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter, a driver who has entered into an agreement with such a company or a vehicle operated by such a driver or for transportation services provided by such a driver.

      (b) Require a transportation network company operating within the scope of a valid permit issued by the Authority pursuant to this chapter to obtain from the local government any certificate, license or permit to operate within that scope or require a driver who has entered into an agreement with such a company to obtain from the local government any certificate, license or permit to provide transportation services.

      (c) Impose any other requirement upon a transportation network company or a driver which is not of general applicability to all persons who operate a motor vehicle within the jurisdiction of the local government.

      2.  Nothing in this section:

      (a) Prohibits a local governmental entity from requiring a transportation network company or driver to obtain from the local government a business license or to pay any business license fee in the same manner that is generally applicable to any other business that operates within the jurisdiction of the local government.

      (b) Prohibits an airport or its governing body from requiring a transportation network company or a driver to:

             (1) Obtain a permit or certification to operate at the airport;

             (2) Pay a fee to operate at the airport; or

             (3) Comply with any other requirement to operate at the airport.

      (c) Exempts a vehicle operated by a driver from any tax imposed pursuant to NRS 354.705, 371.043 or 371.045.

      3.  The provisions of this chapter do not exempt any person from the requirement to obtain a state business license issued pursuant to chapter 76 of NRS. A transportation network company shall notify each driver of the requirement to obtain a state business license issued pursuant to chapter 76 of NRS and the penalties for failing to obtain a state business license.

      Sec. 45. 1.  Each transportation network company shall provide to the Authority reports containing information relating to motor vehicle accidents involving drivers affiliated with the company which occurred in this State while the driver was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services.

 


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ê2015 Statutes of Nevada, Page 1410 (Chapter 279, AB 176)ê

 

accidents involving drivers affiliated with the company which occurred in this State while the driver was providing transportation services or logged into the digital network or software application service of the company and available to receive requests for transportation services. The reports required by this subsection must contain the information identified in subsection 2 and be submitted:

      (a) For all accidents that occurred during the first 6 months that the company operates within this State, on or before the date 7 months after the company was issued a permit.

      (b) For all accidents that occurred during the first 12 months that the company operates within this State, on or before the date 13 months after the company was issued a permit.

      2.  The reports submitted pursuant to subsection 1 must include, for the period of time specified in subsection 1:

      (a) The number of motor vehicle accidents which occurred in this State involving such a driver;

      (b) The highest, lowest and average amount paid for bodily injury or death to one or more persons that occurred as a result of such an accident; and

      (c) The highest, lowest and average amount paid for damage to property that occurred as a result of such an accident.

      3.  The Authority shall collect the reports submitted by transportation network companies pursuant to subsection 1 and determine whether the limits of coverage required pursuant to section 11 of this act are sufficient. The Authority shall submit a report stating whether the limits of coverage required pursuant to section 11 of this act are sufficient and containing the information, in an aggregated format which does not reveal the identity of any person, submitted by transportation network companies pursuant to subsection 1 since the last report of the Authority pursuant to this subsection:

      (a) To the Legislative Commission on or before December 1 of each odd-numbered year.

      (b) To the Director of the Legislative Counsel Bureau for transmittal to the Nevada Legislature on or before December 1 of each even-numbered year.

      Sec. 46. The Authority shall adopt such regulations as are necessary to carry out the provisions of this chapter.

      Sec. 47. Section 14 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 14.  Title 58 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 15 to [46,] 28, inclusive, of this act.

      Sec. 48. Section 25 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

      Sec. 25.  A person who desires to operate a transportation network company in this State must submit to the [Commission] Authority an application for the issuance of a permit to operate a transportation network company. The application must be in the form required by the [Commission,] Authority, must be accompanied by the fee required by section 27 of this act and must include such information as [reasonably required by] the [Commission] Authority, by regulation [.] , determines is necessary to prove the person meets the requirements of this chapter for the issuance of a permit.

 


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ê2015 Statutes of Nevada, Page 1411 (Chapter 279, AB 176)ê

 

      Sec. 49. Section 26 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 26.  1.  Upon receipt of a completed application and payment of the required fee and upon a determination by the [Commission] Authority that an applicant meets the requirements for the issuance of a permit to operate a transportation network company, the [Commission] Authority shall issue to the applicant within [120] 30 days a permit to operate a transportation network company in this State.

       2.  In accordance with the provisions of this chapter, a permit issued pursuant to this section:

       (a) Authorizes a transportation network company to connect one or more passengers through the use of a digital network or software application service to a driver who can provide transportation services.

       (b) Authorizes a transportation network company to make its digital network or software application service available to one or more drivers to receive connections to potential passengers from the company in exchange for the payment of a fee by the driver to the company.

       (c) Does not authorize a transportation network company or any driver to engage in any activity otherwise regulated pursuant to chapter 706 of NRS other than the activity authorized by [sections 15 to 46, inclusive, of] this [act.] chapter.

       3.  Nothing in this chapter prohibits the issuance of a permit to operate a transportation network company to a person who is regulated pursuant to chapter 706 of NRS if the person submits an application pursuant to section 25 of this act and meets the requirements for the issuance of a permit.

      Sec. 50. Section 27 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 27.  1.  The [Commission] Authority shall charge and collect a fee in an amount established by the [Commission] Authority by regulation from each applicant for a permit to operate a transportation network company in this State. The fee required by this subsection is not refundable. The [Commission] Authority shall not issue a permit to operate a transportation network company in this State unless the applicant has paid the fee required by this subsection.

       2.  For each year after the year in which the [Commission] Authority issues a permit to a transportation network company, the [Commission] Authority shall levy and collect an annual assessment from the transportation network company at a rate determined by the [Commission] Authority based on the gross operating revenue derived from the intrastate operations of the transportation network company in this State.

       3.  The annual assessment levied and collected by the [Commission] Authority pursuant to subsection 2 must be used by the [Commission] Authority for the regulation of transportation network companies.

 


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ê2015 Statutes of Nevada, Page 1412 (Chapter 279, AB 176)ê

 

      Sec. 51. Section 28 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 28.  1.  In addition to any other fee or assessment imposed pursuant to this chapter, an excise tax is hereby imposed on the use of a digital network or software application service of a transportation network company to connect a passenger to a driver for the purpose of providing transportation services at the rate of 3 percent of the total fare charged for transportation services, which must include, without limitation, all fees, surcharges, technology fees, convenience charges for the use of a credit or debit card and any other amount that is part of the fare. The [Commission] Authority shall charge and collect from each transportation network company the excise tax imposed by this subsection.

       2.  The excise tax collected by the [Commission] Authority pursuant to subsection 1 must be deposited with the State Treasurer in accordance with the provisions of section 53 of this act.

      Sec. 52. Section 53 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 53.  The State Treasurer shall deposit any money the State Treasurer receives from the [Public Utilities Commission of] Nevada Transportation Authority pursuant to [section] sections 28 [of this act, the Authority pursuant to section] and 51 of this act and the Taxicab Authority pursuant to section 52 of this act:

       1.  For the first $5,000,000 of the combined amount of such money received in each biennium, for credit to the State Highway Fund.

       2.  For any additional amount of such money received in each fiscal year, for credit to the State General Fund.

      Sec. 53. Section 58 of Assembly Bill No. 175 of this session is hereby amended to read as follows:

       Sec. 58.  1.  This section and sections [2] 14, 15, 17, 18, 19, 25 to [50,] 28, inclusive, 50, 53 and [53 to 57, inclusive,] 54 of this act become effective upon passage and approval.

       2.  Sections 51 and 52 of this act become effective on the 90th day after the effective date described in subsection 1.

       3.  Section 1 of this act becomes effective on October 1, 2015.

      Sec. 54.  1.  Notwithstanding any regulation adopted by the Nevada Transportation Authority pursuant to sections 16 to 46, inclusive, of this act, a transportation network company, as defined in section 19 of this act, which is issued a permit by the Nevada Transportation Authority pursuant to section 27 of this act on or before July 1, 2017, may commence operations in this State immediately upon being issued a permit.

      2.  Notwithstanding the effective date of any regulation adopted by the Nevada Transportation Authority pursuant to sections 16 to 46, inclusive, of this act on or before July 1, 2017, a transportation network company must not be required to comply with the provisions of the regulation until 30 days after the regulation is filed with the Secretary of State.

      3.  The Nevada Transportation Authority shall accept applications for a permit to operate a transportation network company within 30 days after the effective date of section 26 of this act.

 


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ê2015 Statutes of Nevada, Page 1413 (Chapter 279, AB 176)ê

 

      4.  Notwithstanding the provisions of section 27 of this act, the Nevada Transportation Authority shall not, before July 1, 2015, issue a permit to operate a transportation network company.

      Sec. 55.  1.  The Nevada Transportation Authority shall investigate and compare the efficacy, efficiency and effect on public safety of background checks performed pursuant to paragraph (b) of subsection 2 of section 29 of this act and background checks performed by submitting the fingerprints of a person by the Central Repository for Nevada Records of Criminal History to the Federal Bureau of Investigation for its report.

      2.  The Nevada Transportation Authority shall, on or before the date 6 months after the effective date of this section, report the results of its investigation to the Legislative Commission.

      Sec. 56.  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. 57.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 58. Sections 2 to 13, inclusive, 16, 20 to 24, inclusive, 29 to 49, inclusive, 55, 56 and 57 of Assembly Bill No. 175 of this session are hereby repealed.

      Sec. 59.  1.  This section, sections 2 to 46, inclusive, 54, 55 and 56 of this act become effective upon passage and approval.

      2.  Sections 47 to 53, inclusive, and 58 of this act become effective upon passage and approval of Assembly Bill No. 175 of this session.

      3.  Sections 1 and 57 of this act become effective on January 1, 2016.

________

CHAPTER 280, SB 36

Senate Bill No. 36–Committee on Judiciary

 

CHAPTER 280

 

[Approved: May 29, 2015]

 

AN ACT relating to state business licenses; providing that a person is not required to obtain a state business license if the sole activity in this State of the person’s business is to respond to a request for vehicles or equipment in response to certain emergencies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a person to obtain a state business license and pay a fee before conducting business within this State, unless exempted from the business license requirement. (NRS 76.100) Existing law further prohibits a person from entering into a contract with the State of Nevada unless he or she holds a state business license. (NRS 353.007) Section 1 of this bill provides that a person is deemed not to be conducting business in this State, and thus is not required to obtain a state business license, if the sole activity of the person’s business in this State is to provide, on a short-term basis, vehicles or equipment in response to a wildland fire, a flood, an earthquake or another emergency. Section 2 of this bill authorizes such a person to enter into a contract with the State of Nevada without obtaining a state business license. Section 3 of this bill provides that this bill becomes effective upon passage and approval.

 


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ê2015 Statutes of Nevada, Page 1414 (Chapter 280, SB 36)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 76.100 is hereby amended to read as follows:

      76.100  1.  A person shall not conduct a business in this State unless and until the person obtains a state business license issued by the Secretary of State. If the person is:

      (a) An entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license at the time of filing the initial or annual list.

      (b) Not an entity required to file an initial or annual list with the Secretary of State pursuant to this title, the person must obtain the state business license before conducting a business in this State.

      2.  An application for a state business license must:

      (a) Be made upon a form prescribed by the Secretary of State;

      (b) Set forth the name under which the applicant transacts or intends to transact business, or if the applicant is an entity organized pursuant to this title and on file with the Secretary of State, the exact name on file with the Secretary of State, the entity number as assigned by the Secretary of State, if known, and the location in this State of the place or places of business;

      (c) Be accompanied by a fee in the amount of $200; and

      (d) Include any other information that the Secretary of State deems necessary.

Ê If the applicant is an entity organized pursuant to this title and on file with the Secretary of State and the applicant has no location in this State of its place of business, the address of its registered agent shall be deemed to be the location in this State of its place of business.

      3.  The application must be signed pursuant to NRS 239.330 by:

      (a) The owner of a business that is owned by a natural person.

      (b) A member or partner of an association or partnership.

      (c) A general partner of a limited partnership.

      (d) A managing partner of a limited-liability partnership.

      (e) A manager or managing member of a limited-liability company.

      (f) An officer of a corporation or some other person specifically authorized by the corporation to sign the application.

      4.  If the application for a state business license is defective in any respect or the fee required by this section is not paid, the Secretary of State may return the application for correction or payment.

      5.  The state business license required to be obtained pursuant to this section is in addition to any license to conduct business that must be obtained from the local jurisdiction in which the business is being conducted.

      6.  For the purposes of this chapter, a person [shall] :

      (a) Shall be deemed to conduct a business in this State if a business for which the person is responsible:

      [(a)](1) Is organized pursuant to this title, other than a business organized pursuant to:

             [(1)](I) Chapter 82 or 84 of NRS; or

             [(2)](II) Chapter 81 of NRS if the business is a nonprofit religious, charitable, fraternal or other organization that qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c) [.] ;

 


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ê2015 Statutes of Nevada, Page 1415 (Chapter 280, SB 36)ê

 

      [(b)](2) Has an office or other base of operations in this State;

      [(c)](3) Has a registered agent in this State; or

      [(d)](4) Pays wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid [.] ;

      (b) Shall be deemed not to conduct a business in this State if the business for which the person is responsible:

             (1) Is not organized pursuant to this title;

             (2) Does not have an office or base of operations in this State;

             (3) Does not have a registered agent in this State;

             (4) Does not pay wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid, other than wages or other remuneration paid to a natural person for performing duties in connection with an activity described in subparagraph (5); and

             (5) Is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or another emergency.

      7.  As used in this section, “registered agent” has the meaning ascribed to it in NRS 77.230.

      Sec. 2. NRS 353.007 is hereby amended to read as follows:

      353.007  1.  [A] Except as otherwise provided in subsection 2, a person shall not enter into a contract with the State of Nevada unless the person is a holder of a state business license issued pursuant to chapter 76 of NRS.

      2.  A person who is not a holder of a state business license may enter into a contract with the State of Nevada if the business for which the person is responsible:

      (a) Is not organized pursuant to title 7 of NRS;

      (b) Does not have an office or base of operations in this State;

      (c) Does not have a registered agent in this State;

      (d) Does not pay wages or other remuneration to a natural person who performs in this State any of the duties for which he or she is paid, other than wages or other remuneration paid to a natural person for performing duties in connection with an activity described in paragraph (e); and

      (e) Is conducting activity in this State solely to provide vehicles or equipment on a short-term basis in response to a wildland fire, a flood, an earthquake or another emergency.

      [2.]3.  The provisions of this section apply to all offices, departments, divisions, boards, commissions, institutions, agencies or any other units of:

      (a) The Legislative, Executive and Judicial Departments of the State Government;

      (b) The Nevada System of Higher Education; and

      (c) The Public Employees’ Retirement System.

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

________

 


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ê2015 Statutes of Nevada, Page 1416ê

 

CHAPTER 281, SB 472

Senate Bill No. 472–Committee on Finance

 

CHAPTER 281

 

[Approved: May 29, 2015]

 

AN ACT relating to public employees; revising provisions governing the eligibility of newly hired public officers and employees for participation in the Public Employees’ Benefits Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law prohibits a waiting period of longer than 90 days for a newly hired employee to join an employer sponsored health care plan. (Patient Protection and Affordable Care Act, Pub. L. No. 111-148, § 2708; 26 C.F.R. § 54.9815-2708)

      Existing state law creates a Public Employees’ Benefits Program to provide group life, accident or health insurance to certain public employees, state officers and members of the Legislature in this State. (NRS 287.043) Under existing law, professional employees of the Nevada System of Higher Education are eligible to enroll in the Program: (1) on the effective date of their employment contracts, if that date is the first day of the month; or (2) on the first day of the month immediately following the effective date of their employment contracts. All other public employees, state officers and members of the Legislature who may participate in the Program become eligible to enroll on the first day of the month after the completion of 90 days of full-time employment or service in office. (NRS 287.045)

      This bill revises the date on which certain public employees, state officers and members of the Legislature become eligible to participate in the Program to: (1) the date of hire or first day of the term of office of the public employee, state officer or member of the Legislature if that date is the first day of the month; or (2) the first day of the month immediately following the date of hire or first day of the term of office of the public employee, state officer or member of the Legislature.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 287.045 is hereby amended to read as follows:

      287.045  1.  Except as otherwise provided in this section, every state officer or employee who is employed in a full-time position is eligible to participate in the Program on [the] :

      (a) The first day of full-time employment of the state officer or employee, if that date is the first day of the month; or

      (b) The first day of the month immediately following the [completion of 90 days] first day of full-time employment [.] of the state officer or employee.

      2.  Professional employees of the Nevada System of Higher Education who have annual employment contracts are eligible to participate in the Program on:

      (a) The effective dates of their respective employment contracts, if those dates are on the first day of a month; or

      (b) The first day of the month immediately following the effective dates of their respective employment contracts, if those dates are not on the first day of a month.

 


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ê2015 Statutes of Nevada, Page 1417 (Chapter 281, SB 472)ê

 

      3.  Every officer or employee who is employed by a participating local governmental agency on a permanent and full-time basis on the date on which the participating local governmental agency enters into an agreement to participate in the Program pursuant to paragraph (a) of subsection 1 of NRS 287.025, and every officer or employee who commences employment with that participating local governmental agency after that date, is eligible to participate in the Program on [the] :

      (a) The first day of full-time employment of the officer or employee, if that date is the first day of the month; or

      (b) The first day of the month immediately following the [completion of 90 days] first day of full-time employment [,] of the officer or employee,

Ê unless that officer or employee is excluded pursuant to sub-subparagraph (III) of subparagraph (2) of paragraph (h) of subsection 2 of NRS 287.043.

      4.  Every member of the Senate and Assembly is eligible to participate in the Program on [the] :

      (a) The first day of the initial term of office of the member, if that date is the first day of the month; or

      (b) The first day of the month immediately following the [90th day after the member’s initial term of office begins.] first day of the initial term of office of the member.

      5.  For each eligible person identified in subsections 1 to 4, inclusive, the Program must receive the notice required pursuant to NRS 287.0439 before the date on which the person is eligible to enroll in the Program. If the Program does not receive the notice required pursuant to NRS 287.0439 before the date on which the person is eligible to enroll in the Program, the person will not be eligible to enroll in the Program until the first day of the month immediately after the Program received the notice required pursuant to NRS 287.0439 for that person.

      6.  Each person identified in subsections 1, 2 and 3 must enroll or decline coverage in the Program before the end of the first month in which he or she is eligible to enroll in the Program. If the person fails to enroll or decline coverage in the Program before the end of the first month in which he or she is eligible to enroll in the Program, he or she will be automatically enrolled on an individual basis, without coverage for dependents, in the base plan offered by the Program. Such a person must be allowed to:

      (a) Change the plan in which the person is enrolled during the next period of open enrollment; and

      (b) Add eligible dependents during the next period of open enrollment or after meeting the applicable terms and conditions of the Program.

      7.  Notwithstanding the provisions of subsections 1, 3 and 4, if the Board does not, pursuant to NRS 689B.580, elect to exclude the Program from compliance with NRS 689B.340 to 689B.580, inclusive, and if the coverage under the Program is provided by a health maintenance organization authorized to transact insurance in this State pursuant to chapter 695C of NRS, any affiliation period imposed by the Program may not exceed the statutory limit for an affiliation period set forth in NRS 689B.500.

      8.  As used in this section, “base plan” means the plan designated by the Board as the default plan for the year as described in the Program documents.

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

________

 


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ê2015 Statutes of Nevada, Page 1418ê

 

CHAPTER 282, SB 206

Senate Bill No. 206–Senator Kieckhefer

 

CHAPTER 282

 

[Approved: May 29, 2015]

 

AN ACT relating to anatomical gifts; revising provisions governing the election by the holder of a driver’s license, a driver authorization card or an identification card as to whether the holder wishes to be a donor of all or part of his or her body; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, upon the issuance and renewal of a driver’s license or an identification card issued by the Department of Motor Vehicles, the Department is required to give the holder of the driver’s license or identification card the opportunity to have indicated on the license or card that the holder wishes to be a donor of all or part of his or her body, or to refuse to make an anatomical gift of his or her body or part thereof. (NRS 483.340, 483.840) Sections 1 and 2 of this bill provide that, upon the issuance of a driver’s license or identification card, the Department is required to give the holder the opportunity to have indicated on his or her driver’s license or identification card that the holder wishes to be a donor, or does not at this time wish to be a donor. Sections 1 and 2 also provide that upon the renewal of a driver’s license or identification card the Department is required to give a holder who indicated at the issuance of the license or card that he or she wished to be a donor notice that, unless the holder affirmatively indicates upon renewal that he or she wishes to change that indication, the indication will remain on his or her driver’s license or identification card. For a holder who indicated at the issuance of his or her driver’s license or identification card that the holder did not at that time wish to be a donor, the Department is required to give the holder an opportunity to change that indication to indicate that the holder wishes to be a donor. Existing law deems certain provisions relating to drivers’ licenses, including the provisions amended by this bill, applicable also to driver authorization cards and certain instruction permits. (NRS 483.291) Thus, the provisions of section 2 are applicable to such cards and permits. Sections 4.5 and 5 of this bill provide that this bill becomes effective upon passage and approval for preparatory administrative tasks and for all other purposes when the Director of the Department has determined that sufficient resources are available to enable the Department to carry out the provisions of this bill and the Director has thereafter made specified notifications.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 483.340 is hereby amended to read as follows:

      483.340  1.  The Department shall, upon payment of the required fee, issue to every qualified applicant a driver’s license indicating the type or class of vehicles the licensee may drive.

      2.  The Department shall adopt regulations prescribing the information that must be contained on a driver’s license.

      3.  The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140.

 


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ê2015 Statutes of Nevada, Page 1419 (Chapter 282, SB 206)ê

 

narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the State Gaming Control Board while engaged in investigations pursuant to NRS 463.140. An application for such a license must be made through the head of the police or sheriff’s department, the Chief of the Investigation Division of the Department of Public Safety, the director of the appropriate federal agency, the Attorney General, the Secretary of State or his or her designee or the Chair of the State Gaming Control Board. Such a license is exempt from the fees required by NRS 483.410. The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.

      4.  Except as otherwise provided in NRS 239.0115, information pertaining to the issuance of a driver’s license pursuant to subsection 3 is confidential.

      5.  It is unlawful for any person to use a driver’s license issued pursuant to subsection 3 for any purpose other than the special investigation for which it was issued.

      6.  At the time of the issuance [or renewal] of the driver’s license, the Department shall:

      (a) Give the holder the opportunity to have indicated on his or her driver’s license that the holder [wishes] :

             (1) Wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive ; [,] or [to refuse]

             (2) Does not at that time wish to make an anatomical gift of his or her body or part thereof.

      (b) Give the holder the opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her driver’s license.

      7.  At the time of the renewal of the driver’s license, the Department shall:

      (a) If the holder indicated at the time of the issuance of the driver’s license pursuant to subsection 6 that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, provide the holder:

             (1) Notice that, unless the holder affirmatively indicates upon the renewal of the driver’s license that he or she wishes to change that indication, the indication will remain on his or her driver’s license;

 


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ê2015 Statutes of Nevada, Page 1420 (Chapter 282, SB 206)ê

 

             (2) The opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

             (3) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her driver’s license.

      (b) If the holder indicated at the time of the issuance of the driver’s license pursuant to subsection 6 that the holder did not at that time wish to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, provide the holder:

             (1) The opportunity to change that indication to indicate that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive;

             (2) The opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150;

             (3) If the holder is interested in becoming a donor, information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this section; and

             (4) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on a driver’s license pursuant to NRS 483.3485, the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her driver’s license.

      8.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      [8.]9.  The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 6 information from the records of the Department relating to persons who have drivers’ licenses that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Sec. 2. NRS 483.840 is hereby amended to read as follows:

      483.840  1.  The form of the identification cards must be similar to that of drivers’ licenses but distinguishable in color or otherwise.

      2.  Identification cards do not authorize the operation of any motor vehicles.

      3.  The Department shall adopt regulations prescribing the information that must be contained on an identification card.

      4.  At the time of the issuance [or renewal] of the identification card, the Department shall:

      (a) Give the holder the opportunity to have indicated on his or her identification card that the holder [wishes] :

             (1) Wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive ; [,] or [to refuse]

             (2) Does not at that time wish to make an anatomical gift of his or her body or part thereof.

      (b) Give the holder the opportunity to indicate whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.

 


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ê2015 Statutes of Nevada, Page 1421 (Chapter 282, SB 206)ê

 

      (c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this paragraph. To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.

      (d) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.863, give the holder the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her identification card.

      5.  At the time of the renewal of the identification card, the Department shall:

      (a) If the holder indicated at the time of the issuance of the identification card pursuant to subsection 4 that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, provide the holder:

             (1) Notice that, unless the holder affirmatively indicates upon the renewal of the identification card that he or she wishes to change that indication, the indication will remain on his or her identification card;

             (2) The opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150; and

             (3) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.3485, the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her identification card.

      (b) If the holder indicated at the time of the issuance of the identification card pursuant to subsection 4 that the holder did not at that time wish to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, provide the holder:

             (1) The opportunity to change that indication to indicate that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive;

             (2) The opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150;

             (3) If the holder is interested in becoming a donor, information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the Department has entered into a contract pursuant to this section; and

             (4) If the Department has established a program for imprinting a symbol or other indicator of a medical condition on an identification card pursuant to NRS 483.3485, the opportunity to have a symbol or other indicator of a medical condition imprinted on his or her identification card.

      6.  If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the Anatomical Gift Account.

      [6.]7.  The Department shall submit to the donor registry with which the Department has entered into a contract pursuant to paragraph (c) of subsection 4 information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift.

 


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ê2015 Statutes of Nevada, Page 1422 (Chapter 282, SB 206)ê

 

subsection 4 information from the records of the Department relating to persons who have identification cards issued by the Department that indicate the intention of those persons to make an anatomical gift. The Department shall adopt regulations to carry out the provisions of this subsection.

      Secs. 3 and 4. (Deleted by amendment.)

      Sec. 4.5.  As soon as practicable, upon determining that sufficient resources are available to enable the Department of Motor Vehicles to carry out the amendatory provisions of this act, the Director of the Department shall notify the Governor and the Director of the Legislative Counsel Bureau of that fact, and shall publish on the Internet website of the Department notice to the public of that fact.

      Sec. 5.  This act becomes effective:

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

      2.  For all other purposes, on the date on which the Director of the Department of Motor Vehicles, pursuant to section 4.5 of this act, notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act.

________

CHAPTER 283, SB 264

Senate Bill No. 264–Senators Lipparelli, Hardy, Harris, Farley; Goicoechea and Settelmeyer

 

CHAPTER 283

 

[Approved: May 29, 2015]

 

AN ACT relating to fraudulent conveyances; clarifying that the periods of limitation set forth in the Uniform Fraudulent Transfer Act do not apply to spendthrift trusts; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the Uniform Fraudulent Transfer Act, which sets forth various provisions relating to the fraudulent transfer of property by a debtor to avoid an obligation or creditor’s claim. (Chapter 112 of NRS) Those provisions include the periods of limitation within which various claims for relief with respect to a fraudulent transfer must be brought. Existing law also establishes the Spendthrift Trust Act of Nevada, which sets forth various provisions relating to the creation of a spendthrift trust. (Chapter 166 of NRS) This bill clarifies that the periods of limitation set forth in the Uniform Fraudulent Transfer Act do not apply to any claim for relief with respect to a transfer of property made to a spendthrift trust pursuant to the Spendthrift Trust Act of Nevada.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. (Deleted by amendment.)

 


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ê2015 Statutes of Nevada, Page 1423 (Chapter 283, SB 264)ê

 

      Sec. 2. NRS 112.230 is hereby amended to read as follows:

      112.230  [Except as otherwise provided in NRS 166.170, a]

      1.  A claim for relief with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought:

      [1.](a) Under paragraph (a) of subsection 1 of NRS 112.180, within 4 years after the transfer was made or the obligation was incurred or, if later, within 1 year after the transfer or obligation was or could reasonably have been discovered by the claimant;

      [2.](b) Under paragraph (b) of subsection 1 of NRS 112.180 or subsection 1 of NRS 112.190, within 4 years after the transfer was made or the obligation was incurred; or

      [3.](c) Under subsection 2 of NRS 112.190, within 1 year after the transfer was made or the obligation was incurred.

      2.  This section does not apply to a claim for relief with respect to a transfer of property to a spendthrift trust subject to chapter 166 of NRS.

      Sec. 3. (Deleted by amendment.)

________

CHAPTER 284, SB 393

Senate Bill No. 393–Senators Parks and Segerblom

 

CHAPTER 284

 

[Approved: May 29, 2015]

 

AN ACT relating to Oriental medicine; exempting certain acupuncturists from the provisions of state law governing the practice of Oriental medicine; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes the State Board of Oriental Medicine and authorizes the Board to license and adopt regulations governing practitioners of Oriental medicine, including acupuncturists. (Chapter 634A of NRS) This bill exempts from these requirements an acupuncturist: (1) who is employed by a school of Oriental medicine that is located in this State and that has received at least candidacy status for institutional accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine or its successor organization; (2) who is licensed in another state or jurisdiction; and (3) whose practice of acupuncture in this State is limited to teaching, supervising or demonstrating the methods and practice of acupuncture in a clinical setting and does not involve the acceptance of payment from any patient for services relating to his or her practice of acupuncture.

 

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 634A.200 is hereby amended to read as follows:

      634A.200  1.  This chapter does not apply to Oriental physicians who are called into this State for consultation.

      2.  This chapter does not apply to a practitioner of acupuncture:

      (a) Who is employed by an accredited school of Oriental medicine located in this State;

 


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ê2015 Statutes of Nevada, Page 1424 (Chapter 284, SB 393)ê

 

      (b) Who is licensed to practice acupuncture in another state or jurisdiction; and

      (c) Whose practice of acupuncture in this State:

             (1) Is limited to teaching, supervising or demonstrating the methods and practices of acupuncture to students in a clinical setting; and

             (2) Does not involve the acceptance of payment from any patient for services relating to his or her practice of acupuncture.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of druggists or other persons in cases of emergency.

      (b) The domestic administration of family remedies.

      (c) Any person from assisting any person in the practice of the healing arts licensed under this chapter, except that such person may not insert needles into the skin or prescribe herbal medicine.

      4.  For the purposes of this section, “accredited school of Oriental medicine” means a school that has received at least candidacy status for institutional accreditation from the Accreditation Commission for Acupuncture and Oriental Medicine, or its successor organization.

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

________

CHAPTER 285, SB 209

Senate Bill No. 209–Senators Brower and Hardy

 

CHAPTER 285

 

[Approved: May 29, 2015]

 

AN ACT relating to drivers’ licenses; revising provisions governing the submission of documents required to declare veteran status when applying for or renewing an instruction permit, driver’s license, commercial driver’s license or identification card; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, a veteran who has been honorably discharged from the Armed Forces of the United States may have a designation of that veteran status placed on his or her instruction permit, driver’s license or identification card. Such a veteran must, upon application for initial issuance or renewal of the permit or license, submit to the Department of Motor Vehicles a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that he or she has been honorably discharged from the Armed Forces of the United States. (NRS 483.292, 483.852) Sections 1.1 and 1.3 of this bill remove the requirement to specifically provide a DD Form 214 and instead provide that the veteran must submit evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States to have a designation of that veteran status placed on his or her instruction permit, license or identification card. Section 1 of this bill provides that an applicant for or a holder of a commercial driver’s license may have a designation of veteran status placed on his or her commercial driver’s license under the same protocol as provided for an instruction permit, driver’s license or identification card.

 


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ê2015 Statutes of Nevada, Page 1425 (Chapter 285, SB 209)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 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who wishes to have placed on his or her commercial driver’s license a designation that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 2 must:

      (a) If applying for the initial issuance of a commercial driver’s license, appear in person at an office of the Department and submit evidence satisfactory to the Department that the person has been honorably discharged from the Armed Forces of the United States.

      (b) If applying for the renewal of a commercial driver’s license upon which a designation that the person is a veteran:

             (1) Is not placed, submit by mail or in person an honorable discharge or other document of honorable separation from the Armed Forces of the United States.

            (2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the commercial driver’s license to continue to designate that the person is a veteran.

      2.  Upon the request of a person that his or her commercial driver’s license indicate that he or she is a veteran of the Armed Forces of the United States pursuant to subsection 1, and who satisfies the requirements of that subsection, the Department shall place on any commercial driver’s license issued to the person pursuant to the provisions of this chapter a designation that the person is a veteran.

      3.  The Director shall determine the design and placement of the designation of veteran status required by this section on any commercial driver’s license to which this section applies.

      Sec. 1.1. NRS 483.292 is hereby amended to read as follows:

      483.292  1.  When a person applies to the Department for the initial issuance of an instruction permit or driver’s license pursuant to NRS 483.290 or 483.291 or the renewal of an instruction permit or driver’s license, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide:

      (a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States; and

      (b) A written release authorizing the Department of Motor Vehicles to provide to the Department of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.

      3.  In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her instruction permit or driver’s license a designation that he or she is a veteran, as described in NRS 483.2925, must:

 


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ê2015 Statutes of Nevada, Page 1426 (Chapter 285, SB 209)ê

 

      (a) If applying for the initial issuance of an instruction permit or driver’s license, appear in person at an office of the Department and submit [a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating] evidence satisfactory to the Department that the person has been honorably discharged from the Armed Forces of the United States.

      (b) If applying for the renewal of an instruction permit or driver’s license upon which a designation that the person is a veteran:

             (1) Is not placed, submit by mail or in person [a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged] an honorable discharge or other document of honorable separation from the Armed Forces of the United States.

             (2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the instruction permit or driver’s license to continue to designate that the person is a veteran.

      4.  The Department shall, at least once each month:

      (a) Compile a list of persons who have, during the immediately preceding month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that list to the Department of Veterans Services to be used for statistical and communication purposes.

      Sec. 1.3. NRS 483.852 is hereby amended to read as follows:

      483.852  1.  When a person applies to the Department for the initial issuance of an identification card pursuant to NRS 483.850 or the renewal of an identification card pursuant to NRS 483.875, the Department shall inquire whether the person desires to declare that he or she is a veteran of the Armed Forces of the United States.

      2.  If the person desires to declare pursuant to subsection 1 that he or she is a veteran of the Armed Forces of the United States, the person shall provide:

      (a) Evidence satisfactory to the Department that he or she has been honorably discharged from the Armed Forces of the United States; and

      (b) A written release authorizing the Department of Motor Vehicles to provide to the Department of Veterans Services personal information about the person, which release must be signed by the person and in a form required by the Director pursuant to NRS 481.063.

      3.  In addition to the declaration described in subsection 1, a person who is a veteran of the Armed Forces of the United States and who wishes to have placed on his or her identification card a designation that he or she is a veteran, as described in NRS 483.853, must:

      (a) If applying for the initial issuance of an identification card, appear in person at an office of the Department and submit [a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating] evidence satisfactory to the Department that the person has been honorably discharged from the Armed Forces of the United States.

 

 

 


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ê2015 Statutes of Nevada, Page 1427 (Chapter 285, SB 209)ê

 

      (b) If applying for the renewal of an identification card upon which a designation that the person is a veteran:

             (1) Is not placed, submit by mail or in person [a copy of his or her DD Form 214, “Certificate of Release or Discharge from Active Duty,” issued by the United States Department of Defense, indicating that the person has been honorably discharged] an honorable discharge or other document of honorable separation from the Armed Forces of the United States.

             (2) Is placed, submit by mail, in person or by other means authorized by the Department a statement that the person wishes the identification card to continue to designate that the person is a veteran.

      4.  The Department shall, at least once each month:

      (a) Compile a list of persons who have, during the immediately preceding month, declared pursuant to subsection 1 that they are veterans of the Armed Forces of the United States; and

      (b) Transmit that list to the Department of Veterans Services to be used for statistical and communication purposes.

      Sec. 1.5. NRS 483.902 is hereby amended to read as follows:

      483.902  The provisions of NRS 483.900 to 483.940, inclusive, and section 1 of this act, apply only with respect to commercial drivers’ licenses.

      Sec. 1.7. NRS 483.904 is hereby amended to read as follows:

      483.904  As used in NRS 483.900 to 483.940, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Commercial driver’s license” means a license issued to a person which authorizes the person to drive a class or type of commercial motor vehicle.

      2.  “Commercial Driver’s License Information System” means the information system maintained by the Secretary of Transportation pursuant to 49 U.S.C. § 31309 to serve as a clearinghouse for locating information relating to the licensing, identification and disqualification of operators of commercial motor vehicles.

      3.  “Out-of-service order” means a temporary prohibition against:

      (a) A person operating a commercial motor vehicle as such a prohibition is described in 49 C.F.R. § 395.13; or

      (b) The operation of a commercial motor vehicle as such a prohibition is described in 49 C.F.R. § 396.9(c).

      Sec. 2.  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.

________

 


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ê2015 Statutes of Nevada, Page 1428ê

 

CHAPTER 286, SB 419

Senate Bill No. 419–Committee on Health and Human Services

 

CHAPTER 286

 

[Approved: May 29, 2015]

 

AN ACT relating to persons with disabilities; creating the Nevada ABLE Savings Program as a qualified ABLE program under the federal Achieving a Better Life Experience Act of 2014; authorizing the creation of a program within the Aging and Disability Services Division of the Department of Health and Human Services to provide independent living services and assistive technology for persons with disabilities who need independent living services; revising the terms of members of the Nevada Commission on Services for Persons with Disabilities; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Recently enacted federal law allows for the creation of tax-advantaged savings accounts for persons who have certain qualifying disabilities. Under the program, any person, including family members, may make a contribution to the account of a person with a qualified disability. Any interest or other growth in the value of the account and distributions taken from the account are tax free. The maximum amount that can be contributed tax free to the account of a qualified person is $14,000 per year. Distributions from the account may only be used to pay expenses related to living a life with a disability and may include such things as education, housing, transportation and employment training and support. Money in the account or distributions from the account do not affect the eligibility of a person for certain public benefits such as Social Security disability payments, Supplemental Nutrition Assistance Program benefits and Medicaid. To qualify for these benefits, the savings account into which contributions are made on behalf of a qualified person must be established and maintained by the qualified person’s state of residence. If a state chooses not to establish its own program, it may contract with another state that has adopted a qualified program. (Achieving a Better Life Experience Act of 2014, 26 U.S.C. § 529A) Sections 2-15 of this bill require the State Treasurer, in cooperation with the Aging and Disability Services Division of the Department of Health and Human Services, to establish or otherwise ensure the establishment of the Nevada ABLE Savings Program as a qualified program pursuant to 26 U.S.C. § 529A.

      Existing law creates the Aging and Disability Services Division within the Department of Health and Human Services and requires the Division to work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies to develop and improve policies of this State concerning programs and services for persons with disabilities. (NRS 427A.040) Sections 18 and 19 of this bill authorize the Division to establish a program to provide independent living services and assistive technology for a person with a disability who needs independent living services.

      Existing law creates the Nevada Commission on Services for Persons with Disabilities, which consists of 11 members appointed by the Director of the Department of Health and Human Services. (NRS 427A.1211) Sections 21 and 22 of this bill make revisions to the terms of the members of the Commission to ensure that the terms of the members of the Commission are staggered.

 


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ê2015 Statutes of Nevada, Page 1429 (Chapter 286, SB 419)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. Title 38 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 15, inclusive, of this act.

      Sec. 2. As used in sections 2 to 15, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3.  “Department” means the Department of Health and Human Services.

      Sec. 4.  “Division” means the Aging and Disability Services Division of the Department.

      Sec. 5. “Nevada ABLE Savings Program” means the program the State Treasurer established, or ensured the establishment of, as provided in section 8 of this act.

      Sec. 6. “Qualified ABLE program” has the meaning ascribed to it in the Achieving a Better Life Experience Act of 2014, 26 U.S.C. § 529A, as amended.

      Sec. 7. “Trust Fund” means the Nevada ABLE Savings Program Trust Fund created by section 11 of this act.

      Sec. 8. 1.  The State Treasurer may adopt regulations to establish and carry out the Nevada ABLE Savings Program to comply with the requirements of a qualified ABLE program pursuant to 26 U.S.C. § 529A, as amended.

      2.  The regulations must be consistent with the provisions of the Internal Revenue Code set forth in Title 26 of the United States Code, and any regulations adopted pursuant thereto, to ensure that the Nevada ABLE Savings Program meets all criteria for federal tax-deferred or tax-exempt benefits, or both.

      3.  The regulations must provide for the use of savings trust agreements and savings trust accounts to apply distributions toward qualified disability expenses in accordance with 26 U.S.C. § 529A, as amended.

      4.  The regulations may include any other provisions not inconsistent with federal law that the State Treasurer determines are necessary for the efficient and effective administration of the Nevada ABLE Savings Program and the Trust Fund, including, without limitation:

      (a) Provisions for the charging and collection of administrative fees and charges in connection with any transaction relating to the Nevada ABLE Savings Program, including, without limitation, fees or charges related to continued participation in the Program;

      (b) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, is not subject to attachment, levy or execution by any creditor of a contributor, account owner or designated beneficiary and may not be used as security for a loan;

 

 


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ê2015 Statutes of Nevada, Page 1430 (Chapter 286, SB 419)ê

 

      (c) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, must not be used to calculate the personal assets of a designated beneficiary or account owner to determine eligibility for any disability, medical or other health benefits administered by this State; and

      (d) A requirement that any money deposited in accordance with a savings trust agreement, and any increase in the value thereof or qualified withdrawal taken therefrom, must not be used to calculate the personal assets of a designated beneficiary or account owner to determine eligibility or need for any student loan program, student grant program or any other student aid program administered by this State, except as otherwise provided for in federal law.

      5.  If the State Treasurer does not adopt regulations pursuant to this section to establish and carry out the Nevada ABLE Savings Program, the State Treasurer shall otherwise ensure that the Nevada ABLE Savings Program is established and carried out pursuant to sections 2 to 15, inclusive, of this act.

      Sec. 9. 1.  The State Treasurer may delegate any of its administrative powers and duties specified in sections 2 to 15, inclusive, of this act if the State Treasurer determines that such delegation is necessary for the efficient and effective administration of the Nevada ABLE Savings Program and the Trust Fund.

      2.  In carrying out the provisions of sections 2 to 15, inclusive, of this act, the State Treasurer may contract with one or more other states to:

      (a) Provide for the administration of all or part of the Nevada ABLE Savings Program by another state;

      (b) Authorize the State Treasurer to administer all or part of a qualified ABLE program of another state; or

      (c) Jointly administer the Nevada ABLE Savings Program with a qualified ABLE program of one or more other states.

      Sec. 10. Savings trust accounts used and savings trust agreements entered into pursuant to sections 2 to 15, inclusive, of this act are not guaranteed by the full faith and credit of the State of Nevada.

      Sec. 11. 1.  The Nevada ABLE Savings Program Trust Fund is hereby created.

      2.  The Trust Fund is an instrumentality of this State, and its property and income are exempt from all taxation by this State and any political subdivision thereof.

      3.  The Trust Fund consists of:

      (a) All money deposited in accordance with savings trust agreements;

      (b) All earnings on the money in the Trust Fund;

      (c) Any fees or charges charged to an account owner to cover expenses incurred in administering the Nevada ABLE Savings Program; and

      (d) Any other money from any public or private source appropriated or made available to this State for the benefit of the Nevada ABLE Savings Program.

      4.  Money in the Trust Fund:

      (a) Is not the property of this State, and this State has no claim to or interest in such money; and

      (b) Must not be commingled with money of this State.

 


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ê2015 Statutes of Nevada, Page 1431 (Chapter 286, SB 419)ê

 

      5.  A savings trust agreement or any other contract entered into by or on behalf of the Trust Fund does not constitute a debt or obligation of this State, and no account owner is entitled to any money in the Trust Fund except for that money on deposit in or accrued to his or her account.

      6.  The money in the Trust Fund must be preserved, invested and expended solely pursuant to and for the purposes authorized by sections 2 to 15, inclusive, of this act and must not be loaned or otherwise transferred or used by this State for any other purpose.

      Sec. 12. 1.  The Trust Fund and any account established by the State Treasurer pursuant to this section must be administered by the State Treasurer.

      2.  In carrying out the provisions of sections 2 to 15, inclusive, of this act, the State Treasurer may use any administrative or investment agreements or arrangements used for the Nevada College Savings Program created pursuant to NRS 353B.300 to 353B.370, inclusive, without soliciting separate proposals for assistance with the management of all or part of the Nevada ABLE Savings Program.

      3.  The State Treasurer shall establish such accounts as he or she determines necessary to carry out his or her duties pursuant to sections 2 to 15, inclusive, of this act, including, without limitation:

      (a) A Program Account in the Trust Fund; and

      (b) An Administrative Account and an Endowment Account in the State General Fund.

      4.  The Program Account must be used for the receipt, investment and disbursement of money pursuant to savings trust agreements.

      5.  The Administrative Account must be used for the deposit and disbursement of money to administer and market the Nevada ABLE Savings Program.

      6.  The Endowment Account must be used for the deposit of any money received by the Nevada ABLE Savings Program that is not received pursuant to a savings trust agreement and, in the determination of the State Treasurer, is not necessary for the use of the Administrative Account. The money in the Endowment Account may be expended for any purpose related to the Nevada ABLE Savings Program or in any other manner which assists residents of this State who are eligible individuals as defined in 26 U.S.C. § 529A, as amended.

      Sec. 13. The State Treasurer may accept and expend on behalf of the Trust Fund money provided by any entity for direct expenses or marketing. Such money is not a part of the Trust Fund.

      Sec. 14. The State Treasurer may endorse insurance coverage written exclusively to protect the Trust Fund, and account owners and beneficiaries of the Trust Fund, which may be issued in the form of a group life policy. The provisions of title 57 of NRS are not applicable to the State Treasurer in carrying out the provisions of this section.

      Sec. 15. 1.  The State Treasurer shall establish a comprehensive investment plan for the money in the Trust Fund.

      2.  Notwithstanding the provisions of any specific statute to the contrary, the State Treasurer may invest or cause to be invested any money in the Trust Fund, including, without limitation, the money in the Program Account described in paragraph (a) of subsection 3 of section 12 of this act, in any manner reasonable and appropriate to achieve the objectives of the Nevada ABLE Savings Program, exercising the discretion and care of a prudent person in similar circumstances with similar objectives.

 


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a prudent person in similar circumstances with similar objectives. The State Treasurer shall consider the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the Trust Fund.

      3.  The State Treasurer may establish criteria and select investment managers, mutual funds or other such entities to act as investment managers for the Nevada ABLE Savings Program.

      4.  The State Treasurer may employ or contract with investment managers, evaluation services or other services as determined by the State Treasurer to be necessary for the effective and efficient operation of the Nevada ABLE Savings Program.

      5.  The Division and the State Treasurer may employ personnel and contract for goods and services necessary for the effective and efficient operation of the Nevada ABLE Savings Program.

      6.  The Division shall implement an outreach and educational program designed to create awareness of, and increase participation in, the Nevada ABLE Savings Program. Any marketing plan and materials for the Nevada ABLE Savings Program must be approved by the Division.

      7.  The State Treasurer may prescribe terms and conditions of savings trust agreements.

      8.  The Division or State Treasurer may contract with one or more qualified entities for:

      (a) The day-to-day operation of the Nevada ABLE Savings Program, and any associated educational and outreach activities of the Program, as the program administrator for the management of the marketing of the Nevada ABLE Savings Program;

      (b) The administration of the comprehensive investment plan established pursuant to subsection 1 and the Trust Fund;

      (c) The selection of investment managers for the Nevada ABLE Savings Program; and

      (d) The performance of similar activities.

      Sec. 16. Chapter 427A of NRS is hereby amended by adding thereto the provisions set forth as sections 17 to 20, inclusive, of this act.

      Sec. 17. As used in sections 17 to 20, inclusive, of this act, unless the context otherwise requires, “person with a disability who needs independent living services” means a person with a physical disability, as that term is defined in NRS 427A.791, including, without limitation, a person who is blind, as that term is defined in NRS 426.082, who is in need of independent living services and who does not have a vocational goal.

      Sec. 18. 1.  The Division may, pursuant to this section and section 19 of this act, establish a program to provide independent living services and assistive technology for persons with disabilities who need independent living services.

      2.  If the Division establishes a program pursuant to subsection 1, the Division shall adopt regulations:

      (a) Establishing the procedures for a person to apply for independent living services and assistive technology;

      (b) Prescribing the criteria for determining the eligibility of such an applicant;

      (c) Prescribing the nature of the independent living services and assistive technology which may be provided and the conditions imposed on the provision of such services; and

 


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      (d) Setting forth such other provisions as the Division considers necessary to administer the program.

      3.  The decision of the Division regarding the eligibility of an applicant to participate in the program is a final decision for the purpose of judicial review.

      Sec. 19. 1.  The independent living services that the Division may, pursuant to this section and section 18 of this act, provide to a person with a disability who needs independent living services may include, without limitation, assistance and training as to how to perform skills of daily living, including, without limitation:

      (a) The preparation and eating of meals;

      (b) Home management, including, without limitation, paying bills;

      (c) Communication, including, without limitation, the use of services of assistive technology;

      (d) Orientation and mobility; and

      (e) Any other skills that will allow a person who has recently become disabled to function and live in a more independent manner.

      2.  The services of assistive technology that the Division may, pursuant to this section and section 18 of this act, provide to a person with a disability who needs independent living services may include, without limitation:

      (a) Large-print signs and reading materials;

      (b) Voice recognition or Braille technology installed on a computer or handheld device;

      (c) Global positioning satellite technology with voice output;

      (d) Mechanical lifts or similar mobility enhancing devices;

      (e) Telecommunications devices specially designed for persons with impaired vision, speech or hearing; and

      (f) Any other technology that provides significant assistance in performing daily tasks to a person with a disability who needs independent living services.

      Sec. 20. The Division may:

      1.  Periodically research and determine the cost of providing services in this State for people who are blind or visually impaired and who do not have a vocational goal; and

      2.  Present a report of the findings of the research to the Nevada Commission on Services for Persons with Disabilities created by NRS 427A.1211.

      Sec. 21. NRS 427A.1211 is hereby amended to read as follows:

      427A.1211  1.  The Nevada Commission on Services for Persons with Disabilities, consisting of 11 voting members and 2 or more nonvoting members, is hereby created within the Division.

      2.  The Director shall appoint as voting members of the Commission 11 persons who have experience with or an interest in and knowledge of the problems of and services for persons with disabilities. The majority of the voting members of the Commission must be persons with disabilities or the parents or family members of persons with disabilities.

      3.  The Director and the Administrator shall serve as nonvoting, ex officio members of the Commission and each may designate an alternate within his or her office to attend any meeting of the Commission in his or her place.

 


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      4.  The Director may appoint as nonvoting members of the Commission such other representatives of State Government as the Director deems appropriate.

      5.  After the initial term of an appointed member, the term of an appointed member is 3 years. An appointed member may be reappointed for an additional term of 3 years. An appointed member may not serve more than two terms [.] or 6 years, whichever is greater. A vacancy on the Commission must be filled in the same manner as the original appointment. An appointed member who serves for more than 1 year of a term to which another person was appointed may be appointed to serve only one additional full term as an appointed member. However, at the completion of the additional full-term, the member may be appointed to the remaining term of another member who has resigned or otherwise left the Commission before completing his or her term if the total combined service of the member being appointed, after serving the remaining term of the member who resigned or otherwise left the Commission, will not exceed 6 years.

      6.  The Director may remove an appointed member of the Commission for malfeasance in office or neglect of duty. Absence from two consecutive meetings of the Commission constitutes good and sufficient cause for removal of an appointed member by the Director.

      Sec. 22.  1.  Notwithstanding any provision of subsection 5 of NRS 427A.1211, as amended by section 21 of this act, the existing terms of the voting members of the Nevada Commission on Services for Persons with Disabilities whose terms have not expired before July 1, 2015, must expire as follows:

      (a) The terms of four voting members of the Commission must expire on June 30, 2016;

      (b) The terms of four voting members of the Commission must expire on June 30, 2017; and

      (c) The terms of three voting members of the Commission must expire on June 30, 2018.

      2.  The Director of the Department of Health and Human Services shall, at his or her sole discretion, determine the allocation of existing members of the Commission to the particular groupings established for the expiration of terms in subsection 1.

      3.  The terms of members of the Commission appointed after the expiration of the terms of the existing members of the Commission pursuant to subsection 1 must begin on July 1 of the year in which the member is appointed.

      Sec. 23.  This act becomes effective on July 1, 2015.

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CHAPTER 287, SB 192

Senate Bill No. 192–Senators Harris, Brower, Roberson, Farley; Denis, Goicoechea, Gustavson, Hammond, Hardy, Lipparelli, Settelmeyer and Woodhouse

 

Joint Sponsors: Assemblymen Hambrick, O’Neill; and Seaman

 

CHAPTER 287

 

[Approved: May 29, 2015]

 

AN ACT relating to crimes; providing that certain employees of or volunteers at a school who are convicted of engaging in sexual conduct with certain pupils are subject to various statutory provisions relating to sex offenders; providing that certain employees of a college or university who are convicted of engaging in sexual conduct with certain students are also subject to various statutory provisions relating to sex offenders; revising provisions relating to certain employees of or volunteers at a school who engage in sexual conduct with certain pupils; prohibiting certain employees of or volunteers at a school from engaging in sexual conduct with certain pupils; prohibiting certain employees of a college or university from engaging in sexual conduct with certain students; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) requires a court to include a special sentence of lifetime supervision for any person convicted of certain sexual offenses; and (2) provides certain conditions of lifetime supervision. (NRS 176.0931, 213.1243) Sections 1 and 12 of this bill add to the list of sexual offenses that require a sentence of lifetime supervision and for which certain conditions of lifetime supervision apply: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law also: (1) requires a person convicted of certain sexual offenses to undergo a psychosexual evaluation as part of the presentence investigation and report prepared by the Division of Parole and Probation of the Department of Public Safety; and (2) prohibits the court from granting probation to or suspending the sentence of a person convicted of certain sexual offenses, unless the person who conducts the psychosexual evaluation certifies that the person convicted of the sexual offense does not represent a high risk to reoffend. (NRS 176.133, 176.135, 176A.110) Sections 2 and 3 of this bill add to the list of sexual offenses which require a psychosexual evaluation as part of the presentence investigation and report and a certification that the person convicted does not represent a high risk to reoffend before the person may be granted probation or have his or her sentence suspended: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law requires the prosecuting attorney, sheriff or chief of police, upon request, to inform a victim or witness of certain sexual offenses: (1) when the defendant is released from custody at any time before or during the defendant’s trial; and (2) of the final disposition of the case involving the victim or witness. (NRS 178.5698) Section 4 of this bill adds to the list of sexual offenses that are subject to such requirements concerning notification of a victim or witness: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

 


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involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law allows a person convicted of certain offenses to petition the court for the sealing of all records relating to the conviction, but does not authorize the sealing of records relating to a conviction of certain sexual offenses. (NRS 179.245) Section 5 of this bill adds to the list of sexual offenses for which the sealing of records is not authorized: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law also defines the term “sexual offense” for the purpose of requiring persons convicted of certain sexual offenses to register as a sex offender, to comply with certain mandatory conditions of probation or parole and to fulfill certain other requirements. (NRS 118A.335, 176A.410, 179D.097, 213.1099, 213.1245) Section 6 of this bill revises the list of sexual offenses to which these statutory provisions apply to include: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law requires the Department of Corrections to assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner. The State Board of Parole Commissioners must consider the assessment before determining whether to grant or revoke the parole of a person convicted of a sexual offense. (NRS 213.1214) Section 13 of this bill adds to the list of sexual offenses which require such an assessment: (1) an offense involving sexual conduct between certain employees of or volunteers at a school and certain pupils; and (2) an offense involving sexual conduct between certain employees of a college or university and certain students.

      Existing law generally provides that a person who: (1) is 21 years of age or older; (2) is or was employed in a position of authority by or is or was volunteering in a position of authority at a public or private school; and (3) engages in sexual conduct with a pupil, is guilty of a category C felony if the pupil is 16 or 17 years of age or a category B felony if the pupil is 14 or 15 years of age. (NRS 201.540) Section 10 of this bill: (1) removes the requirement that such a person be employed or volunteer in a position of authority; and (2) prohibits such a person from engaging in sexual conduct with a pupil who is 16 years of age or older and who has not received a high school diploma, a general educational development certificate or an equivalent document. Similarly, existing law generally provides that a person who: (1) is 21 years of age or older; (2) is employed in a position of authority by a college or university; and (3) engages in sexual conduct with a student who is 16 or 17 years of age and enrolled in or attending the college or university, is guilty of a category C felony. (NRS 201.550) Section 11 of this bill prohibits such a person from engaging in sexual conduct with a student who is 16 years of age or older and who is enrolled in or attending the college or university but has not received a high school diploma, a general educational development certificate or an equivalent document.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 176.0931 is hereby amended to read as follows:

      176.0931  1.  If a defendant is convicted of a sexual offense, the court shall include in sentencing, in addition to any other penalties provided by law, a special sentence of lifetime supervision.

      2.  The special sentence of lifetime supervision commences after any period of probation or any term of imprisonment and any period of release on parole.

 


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      3.  A person sentenced to lifetime supervision may petition the sentencing court or the State Board of Parole Commissioners for release from lifetime supervision. The sentencing court or the Board shall grant a petition for release from a special sentence of lifetime supervision if:

      (a) The person has complied with the requirements of the provisions of NRS 179D.010 to 179D.550, inclusive;

      (b) The person has not been convicted of an offense that poses a threat to the safety or well-being of others for an interval of at least 10 consecutive years after the person’s last conviction or release from incarceration, whichever occurs later; and

      (c) The person is not likely to pose a threat to the safety of others, as determined by a person professionally qualified to conduct psychosexual evaluations, if released from lifetime supervision.

      4.  A person who is released from lifetime supervision pursuant to the provisions of subsection 3 remains subject to the provisions for registration as a sex offender and to the provisions for community notification, unless the person is otherwise relieved from the operation of those provisions pursuant to the provisions of NRS 179D.010 to 179D.550, inclusive.

      5.  As used in this section:

      (a) “Offense that poses a threat to the safety or well-being of others” includes, without limitation:

             (1) An offense that involves:

                   (I) A victim less than 18 years of age;

                   (II) A crime against a child as defined in NRS 179D.0357;

                   (III) A sexual offense as defined in NRS 179D.097;

                   (IV) A deadly weapon, explosives or a firearm;

                   (V) The use or threatened use of force or violence;

                   (VI) Physical or mental abuse;

                   (VII) Death or bodily injury;

                   (VIII) An act of domestic violence;

                   (IX) Harassment, stalking, threats of any kind or other similar acts;

                   (X) The forcible or unlawful entry of a home, building, structure, vehicle or other real or personal property; or

                   (XI) The infliction or threatened infliction of damage or injury, in whole or in part, to real or personal property.

             (2) Any offense listed in subparagraph (1) that is committed in this State or another jurisdiction, including, without limitation, an offense prosecuted in:

                   (I) A tribal court.

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

      (b) “Person professionally qualified to conduct psychosexual evaluations” has the meaning ascribed to it in NRS 176.133.

      (c) “Sexual offense” means:

             (1) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230 , [or] 201.450 , 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

             (2) An attempt to commit an offense listed in subparagraph (1); or

 


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             (3) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      Sec. 2. NRS 176.133 is hereby amended to read as follows:

      176.133  As used in NRS 176.133 to 176.161, inclusive, unless the context otherwise requires:

      1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

      (a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

      (b) A psychologist licensed to practice in this State;

      (c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

      (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

      (e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or

      (f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

      2.  “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.

      3.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

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

      (f) Incest pursuant to NRS 201.180;

      (g) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      (h) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

      (i) Lewdness with a child pursuant to NRS 201.230;

      (j) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (k) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;

      (l) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;

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

      [(l)](n) An attempt to commit an offense listed in paragraphs (a) to [(k),] (m), inclusive, if punished as a felony; or

      [(m)](o) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

 


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      Sec. 3. NRS 176A.110 is hereby amended to read as follows:

      176A.110  1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:

      (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

      (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

      2.  This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

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

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

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

      (f) Incest pursuant to NRS 201.180.

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

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

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

      (j) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (k) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

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

      [(k)](m) A violation of NRS 207.180.

      [(l)](n) An attempt to commit an offense listed in paragraphs (b) to [(k),] (m), inclusive.

      [(m)](o) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      Sec. 4. NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:

 


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      (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.

      2.  A request for information pursuant to subsection 1 must be made:

      (a) In writing; or

      (b) By telephone through an automated or computerized system of notification, if such a system is available.

      3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 5;

             (2) The form that the witness must use to request notification in writing; and

             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 4, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3925, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;

             (2) The forms that the person must use to request notification; and

             (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

      4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.

      6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

 


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      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address; and

      (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,

Ê before the offender is released from prison.

      7.  The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.

      8.  As used in this section:

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

             (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

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

             (5) Incest pursuant to NRS 201.180;

             (6) Open or gross lewdness pursuant to NRS 201.210;

             (7) Indecent or obscene exposure pursuant to NRS 201.220;

             (8) Lewdness with a child pursuant to NRS 201.230;

             (9) Sexual penetration of a dead human body pursuant to NRS 201.450;

             (10) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;

             (11) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;

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

             [(11)](13) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

             [(12)](14) An attempt to commit an offense listed in this paragraph.

      Sec. 5. NRS 179.245 is hereby amended to read as follows:

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

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

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

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

      (d) Any gross misdemeanor after 5 years from the date of release from actual custody or discharge from probation, whichever occurs later;

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

 


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than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

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

      2.  A petition filed pursuant to subsection 1 must:

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

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

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

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

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

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

             (1) Date of birth of the petitioner;

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

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

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

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

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

Ê The prosecuting attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.

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

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

 


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      (a) A crime against a child;

      (b) A sexual offense;

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

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

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

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

      (g) A violation of NRS 488.420 or 488.425.

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

      7.  As used in this section:

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

      (b) “Sexual offense” means:

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

             (2) Sexual assault pursuant to NRS 200.366.

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

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

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

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

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

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

             (9) Incest pursuant to NRS 201.180.

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

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

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

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

             (14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

             (15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

 


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

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

      Sec. 6. NRS 179D.097 is hereby amended to read as follows:

      179D.097  1.  “Sexual offense” means any of the following offenses:

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

      (b) Sexual assault pursuant to NRS 200.366.

      (c) Statutory sexual seduction pursuant to NRS 200.368.

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

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

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

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

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

      (i) Incest pursuant to NRS 201.180.

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

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

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

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

      (n) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (o) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

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

      [(o)](q) Sex trafficking pursuant to NRS 201.300.

      [(p)](r) Any other offense that has an element involving a sexual act or sexual conduct with another.

      [(q)](s) An attempt or conspiracy to commit an offense listed in paragraphs (a) to [(p),] (r), inclusive.

      [(r)](t) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      [(s)](u) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection. This paragraph includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

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

      [(t)](v) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense.

 


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required by the laws of that jurisdiction to register as a sex offender because of the offense. This paragraph includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

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

             (3) A court having jurisdiction over juveniles.

      2.  [The] Except for the offenses described in paragraphs (n) and (o) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 179D.495 is hereby amended to read as follows:

      179D.495  If a person who is required to register pursuant to NRS 179D.010 to 179D.550, inclusive, has been convicted of an offense described in paragraph [(p)] (r) of subsection 1 of NRS 179D.097, paragraph (e) of subsection 1 or subsection 3 of NRS 179D.115 or subsection 7 or 9 of NRS 179D.117, the Central Repository shall determine whether the person is required to register as a Tier I offender, Tier II offender or Tier III offender.

      Sec. 9. (Deleted by amendment.)

      Sec. 10. NRS 201.540 is hereby amended to read as follows:

      201.540  1.  Except as otherwise provided in subsection [4,] 3, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed [in a position of authority] by a public school or private school or is or was volunteering [in a position of authority] at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 16 [or 17] years of age or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  Except as otherwise provided in subsection [4,] 3, a person who:

      (a) Is 21 years of age or older;

      (b) Is or was employed [in a position of authority] by a public school or private school or is or was volunteering [in a position of authority] at a public or private school; and

      (c) Engages in sexual conduct with a pupil who is 14 or 15 years of age and:

             (1) Who is or was enrolled in or attending the public school or private school at which the person is or was employed or volunteering; or

             (2) With whom the person has had contact in the course of performing his or her duties as an employee or volunteer,

 


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Ê is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

      3.  [For the purposes of subsections 1 and 2, a person shall be deemed to be or have been employed in a position of authority by a public school or private school or deemed to be or have been volunteering in a position of authority at a public or private school if the person is or was employed or volunteering as:

      (a) A teacher or instructor;

      (b) An administrator;

      (c) A head or assistant coach; or

      (d) A teacher’s aide or an auxiliary, nonprofessional employee who assists licensed personnel in the instruction or supervision of pupils pursuant to NRS 391.100.

      4.]  The provisions of this section do not apply to a person who is married to the pupil.

      4.  The provisions of this section must not be construed to apply to sexual conduct between two pupils.

      Sec. 11. NRS 201.550 is hereby amended to read as follows:

      201.550  1.  Except as otherwise provided in subsection 3, a person who:

      (a) Is 21 years of age or older;

      (b) Is employed in a position of authority by a college or university; and

      (c) Engages in sexual conduct with a student who is 16 [or 17] years of age [and] or older, who has not received a high school diploma, a general educational development certificate or an equivalent document and who is enrolled in or attending the college or university at which the person is employed,

Ê is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      2.  For the purposes of subsection 1, a person shall be deemed to be employed in a position of authority by a college or university if the person is employed as:

      (a) A teacher, instructor or professor;

      (b) An administrator; or

      (c) A head or assistant coach.

      3.  The provisions of this section do not apply to a person who is married to the student.

      4.  The provisions of this section must not be construed to apply to sexual conduct between two students.

      Sec. 12. NRS 213.107 is hereby amended to read as follows:

      213.107  As used in NRS 213.107 to 213.157, inclusive, unless the context otherwise requires:

      1.  “Board” means the State Board of Parole Commissioners.

      2.  “Chief” means the Chief Parole and Probation Officer.

      3.  “Division” means the Division of Parole and Probation of the Department of Public Safety.

      4.  “Residential confinement” means the confinement of a person convicted of a crime to his or her place of residence under the terms and conditions established by the Board.

 


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      5.  “Sex offender” means any person who has been or is convicted of a sexual offense.

      6.  “Sexual offense” means:

      (a) A violation of NRS 200.366, subsection 4 of NRS 200.400, NRS 200.710, 200.720, subsection 2 of NRS 200.730, NRS 201.180, 201.230 , [or] 201.450, 201.540 or 201.550 or paragraph (a) or (b) of subsection 4 or paragraph (a) or (b) of subsection 5 of NRS 201.560;

      (b) An attempt to commit any offense listed in paragraph (a); or

      (c) An act of murder in the first or second degree, kidnapping in the first or second degree, false imprisonment, burglary or invasion of the home if the act is determined to be sexually motivated at a hearing conducted pursuant to NRS 175.547.

      7.  “Standards” means the objective standards for granting or revoking parole or probation which are adopted by the Board or the Chief.

      Sec. 13. NRS 213.1214 is hereby amended to read as follows:

      213.1214  1.  The Department of Corrections shall assess each prisoner who has been convicted of a sexual offense to determine the prisoner’s risk to reoffend in a sexual manner using a currently accepted standard of assessment. The completed assessment must return a risk level of low, moderate or high. The Director shall ensure a completed assessment is provided to the Board before, but not sooner than 120 days before, a scheduled parole hearing.

      2.  The Director shall:

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

      (b) Establish a procedure to:

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

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

      3.  This section does not create a right in any prisoner to be assessed or reassessed more frequently than the prisoner’s regularly scheduled parole hearings or under a current or previous standard of assessment and does not restrict the Department from conducting additional assessments of a prisoner if such assessments may assist the Board in determining whether parole should be granted or continued. No cause of action may be brought against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for assessing, not assessing or considering or relying on an assessment of a prisoner, if such decisions or actions are made or conducted in compliance with the procedures set forth in this section.

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

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

      6.  As used in this section:

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

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

 


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

             (1) Convicted of a sexual offense; or

             (2) Adjudicated delinquent or found guilty by a court having jurisdiction over juveniles of a sexual offense listed in subparagraph [(18)] (20) of paragraph (d).

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

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

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

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368.

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

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

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

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

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

             (9) Incest pursuant to NRS 201.180.

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

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

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

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

             (14) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

             (15) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

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

             [(15)](17) An attempt or conspiracy to commit an offense listed in subparagraphs (1) to [(14),] (16), inclusive.

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

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

                   (I) A tribal court.

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

 

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