[Rev. 10/12/2015 2:02:43 PM]

Link to Page 1448

 

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ê2015 Statutes of Nevada, Page 1449 (Chapter 287, SB 192)ê

 

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

                   (I) A tribal court.

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

                   (III) A court having jurisdiction over juveniles.

Ê [The] Except for the offenses described in subparagraphs 14 and 15, the term does not include an offense involving consensual sexual conduct if the victim was an adult, unless the adult was under the custodial authority of the offender at the time of the offense, or if the victim was at least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 14.  The amendatory provisions of:

      1.  Sections 1 to 4, inclusive, 10 and 11 of this act apply to offenses committed on or after October 1, 2015.

      2.  Sections 5 to 8, inclusive, 12 and 13 of this act apply to offenses committed before, on or after October 1, 2015.

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CHAPTER 288, SB 464

Senate Bill No. 464–Committee on Judiciary

 

CHAPTER 288

 

[Approved: May 29, 2015]

 

AN ACT relating to crimes; prohibiting the sale, distribution, purchase, possession or use of powdered alcohol; exempting a person under 21 years of age from criminal liability for the consumption or possession of alcohol when the person requests emergency medical assistance for himself, herself or another person in certain circumstances; exempting a person for whom such assistance is requested from such criminal liability; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from selling, offering for sale, purchasing, possessing or using an alcohol vaporizing device. (NRS 202.067) Section 1 of this bill similarly prohibits a person from selling, offering for sale or otherwise distributing or purchasing, possessing or using powdered alcohol. A person who violates this provision is guilty of a misdemeanor.

      Existing law makes it a misdemeanor for a person under 21 years of age to purchase, possess or consume alcohol in certain circumstances. (NRS 202.020) Section 2 of this bill provides an exemption from criminal liability for consumption or possession of alcohol if a person under 21 years of age requests emergency medical assistance for himself, herself or another person in certain circumstances. Such an exemption only applies for a person who makes the request on behalf of another person if he or she: (1) reasonably believes that the person who may need such assistance is under 21 years of age; (2) reasonably believes the person needs such assistance; (3) is the first person to request emergency medical assistance for the person; (4) remains with the person requiring such assistance; and (5) cooperates with providers of emergency medical assistance, health care providers and law enforcement.

 


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ê2015 Statutes of Nevada, Page 1450 (Chapter 288, SB 464)ê

 

such assistance is under 21 years of age; (2) reasonably believes the person needs such assistance; (3) is the first person to request emergency medical assistance for the person; (4) remains with the person requiring such assistance; and (5) cooperates with providers of emergency medical assistance, health care providers and law enforcement. A person for whom such a request for assistance is made is also exempt from those criminal penalties. Section 2 also exempts a person making a request on his or her own behalf so long as the person reasonably believes he or she is in need of medical assistance because of alcohol consumption and cooperates with providers of emergency medical assistance, health care providers and law enforcement officers.

 

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

      1.  A person shall not sell, offer for sale or otherwise distribute or purchase, possess or use powdered alcohol.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      3.  As used in this section, “powdered alcohol” means any powdered or crystalline substance containing any amount of alcohol that is used for direct consumption or for reconstitution.

      Sec. 2. NRS 202.020 is hereby amended to read as follows:

      202.020  1.  [Any] Except as otherwise provided in this section, a person under 21 years of age who purchases any alcoholic beverage or any such person who consumes any alcoholic beverage in any saloon, resort or premises where spirituous, malt or fermented liquors or wines are sold is guilty of a misdemeanor.

      2.  [Any] Except as otherwise provided in this section, a person under 21 years of age who, for any reason, possesses any alcoholic beverage in public is guilty of a misdemeanor.

      3.  A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person requests emergency medical assistance for another person whom he or she reasonably believes is under 21 years of age if the person making the request:

      (a) Reasonably believes that the person who consumed the alcohol is in need of such assistance because of the alcohol consumption;

      (b) Is the first person to request emergency medical assistance for the person;

      (c) Remains with the person until informed that his or her presence is no longer necessary by the emergency medical personnel who respond to the request for assistance for the person; and

 

 

 

 

 

 

 


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ê2015 Statutes of Nevada, Page 1451 (Chapter 288, SB 464)ê

 

      (d) Cooperates with any provider of emergency medical assistance, any other health care provider who assists the person who may be in need of emergency medical assistance because of alcohol consumption and any law enforcement officer.

      4.  A person under 21 years of age for whom another person requests emergency medical assistance pursuant to subsection 3 is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2.

      5.  A person under 21 years of age is not subject to the criminal penalty set forth in subsection 1 for consuming an alcoholic beverage or subsection 2 if the person:

      (a) Requests emergency medical assistance because he or she reasonably believes that he or she is in need of medical assistance because of alcohol consumption; and

      (b) Cooperates with any provider of emergency medical assistance, any other health care provider who provides assistance to him or her and any law enforcement officer.

      6.  This section does not preclude a local governmental entity from enacting by ordinance an additional or broader restriction [.

      4.], except that any such ordinance must not conflict with the provisions of subsection 3, 4 or 5 or create criminal liability for a person to whom an exemption set forth in subsection 3, 4 or 5 applies.

      7.  For the purposes of this section, possession “in public” includes possession:

      (a) On any street or highway;

      (b) In any place open to the public; and

      (c) In any private business establishment which is in effect open to the public.

      [5.]8.  The term does not include:

      (a) Possession for an established religious purpose;

      (b) Possession in the presence of the person’s parent, spouse or legal guardian who is 21 years of age or older;

      (c) Possession in accordance with a prescription issued by a person statutorily authorized to issue prescriptions;

      (d) Possession in private clubs or private establishments; or

      (e) The selling, handling, serving or transporting of alcoholic beverages by a person in the course of his or her lawful employment by a licensed manufacturer, wholesaler or retailer of alcoholic beverages.

      Sec. 3.  The provisions of section 2 of this act apply to a person who has been charged but not convicted before the effective date of this act.

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

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ê2015 Statutes of Nevada, Page 1452ê

 

CHAPTER 289, AB 437

Assembly Bill No. 437–Committee on Ways and Means

 

CHAPTER 289

 

[Approved: May 30, 2015]

 

AN ACT making an appropriation to restore the balance in the Reserve for Statutory Contingency Account; 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 Reserve for Statutory Contingency Account created by NRS 353.264 the sum of $1,000,000 to restore the balance in the Account.

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

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CHAPTER 290, AB 467

Assembly Bill No. 467–Committee on Ways and Means

 

CHAPTER 290

 

[Approved: May 30, 2015]

 

AN ACT making a supplemental appropriation to the Department of Corrections for a shortfall resulting from a reduction in certain transfers for prison medical care; 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 $1,193,577 for an unanticipated shortfall in transfers from the Inmate Welfare Account for prison medical care for Fiscal Year 2014-2015. This appropriation is supplemental to that made in section 22 of chapter 446, Statutes of Nevada 2013, at page 2598.

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

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ê2015 Statutes of Nevada, Page 1453ê

 

CHAPTER 291, AB 166

Assembly Bill No. 166–Assemblymen Benitez-Thompson, Diaz, Elliot Anderson, Bustamante Adams, Carrillo; Araujo and Joiner

 

Joint Sponsors: Senators Denis and Kihuen

 

CHAPTER 291

 

[Approved: May 30, 2015]

 

AN ACT relating to education; providing for the establishment of the State Seal of Biliteracy Program to recognize pupils who have attained a high level of proficiency in one or more languages in addition to English; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill provides for the establishment of the State Seal of Biliteracy Program to recognize pupils who have attained a high level of proficiency in one or more languages in addition to English by affixing the State Seal of Biliteracy to the diploma and noting the receipt of the State Seal of Biliteracy on the transcript of each pupil who meets certain requirements. Section 3 of this bill prescribes the requirements that a pupil must meet in order to be awarded the State Seal of Biliteracy.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1.  Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  The Superintendent of Public Instruction shall establish a State Seal of Biliteracy Program to recognize pupils who graduate from a public high school, including, without limitation, a charter school and a university school for profoundly gifted pupils, who have attained a high level of proficiency in one or more languages in addition to English.

      2.  The Superintendent of Public Instruction shall:

      (a) Create a State Seal of Biliteracy that may be affixed to the diploma and noted on the transcript of a pupil to recognize that the pupil has met the requirements of section 3 of this act; and

      (b) Deliver the State Seal of Biliteracy to each school district, charter school and university school for profoundly gifted pupils that participates in the program.

      3.  Any school district, charter school and university school for profoundly gifted pupils may participate in the State Seal of Biliteracy Program by notifying the Superintendent of Public Instruction of its intent to participate in the Program.

      4.  Each board of trustees of a school district and governing body of a charter school or university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program shall:

      (a) Identify the pupils who have met the requirements to be awarded the State Seal of Biliteracy; and

 


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ê2015 Statutes of Nevada, Page 1454 (Chapter 291, AB 166)ê

 

      (b) Affix the State Seal of Biliteracy to the diploma and note the receipt of the State Seal of Biliteracy on the transcript of each pupil who meets those requirements.

      5.  The Superintendent of Public Instruction may adopt regulations as necessary to carry out the provisions of this section and section 3 of this act.

      Sec. 3. A school district, charter school and university school for profoundly gifted pupils that participates in the State Seal of Biliteracy Program established pursuant to section 2 of this act must award a pupil, upon graduation from high school, a high school diploma with a State Seal of Biliteracy if the pupil:

      1.  Successfully completes all courses of study in English language arts that are required for graduation with at least a 2.0 grade point average, on a 4.0 grading scale;

      2.  Passes the end-of-course examinations in English language arts required pursuant to NRS 389.805;

      3.  Demonstrates proficiency in one or more languages other than English:

      (a) By passing an advanced placement examination in a world language with a score of 3 or higher or passing an international baccalaureate examination in a world language with a score of 4 or higher; or

      (b) By passing an examination in a world language, if the examination is approved by the board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils, as applicable; and

      4.  If the primary language of the pupil is not English, demonstrates proficiency in English on an assessment designated by the Department.

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

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ê2015 Statutes of Nevada, Page 1455ê

 

CHAPTER 292, AB 205

Assembly Bill No. 205–Assemblymen Thompson, Flores, Araujo, Diaz; Elliot Anderson, Joiner, Spiegel and Swank

 

Joint Sponsors: Senators Atkinson, Ford, Kihuen, Spearman; Denis and Harris

 

CHAPTER 292

 

[Approved: May 30, 2015]

 

AN ACT relating to education; requiring the Legislative Committee on Education to consider guidelines, parameters and financial plans for certain mentorship programs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Legislative Committee on Education. The Committee meets during the legislative interim to evaluate, review and comment upon issues related to education in this State. (NRS 218E.600-218E.615) This bill requires the Committee, during the 2015-2016 legislative interim, to consider guidelines, parameters and financial plans for certain mentorship programs in this State to aid in addressing issues relating to education, college and career readiness, health, criminal justice and employment with respect to children residing in this State, including, without limitation, children who are disproportionately at risk of: (1) being deprived of the opportunity to develop and maintain a competitive position in the economy; (2) failing to make adequate yearly progress in school; or (3) entering the juvenile justice system.

 

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 1-7. (Deleted by amendment.)

      Sec. 7.5.  1.  As part of its review of issues related to education during the 2015-2016 legislative interim, the Legislative Committee on Education created by NRS 218E.605 shall consider guidelines, parameters and financial plans for mentorship programs that are established or may be established in this State to address issues relating to education, college and career readiness, health, criminal justice and employment with respect to school-age children, including, without limitation, children who are disproportionately at risk of:

      (a) Being deprived of the opportunity to develop and to maintain a competitive position in the economy;

      (b) Failing to make adequate yearly progress in school; or

      (c) Entering the juvenile justice system.

      2.  Not later than February 6, 2017, the Committee shall prepare and submit a written report to the Director of the Legislative Counsel Bureau, for transmittal to the 79th Session of the Nevada Legislature, concerning the Committee’s consideration of the matters described in this section and any recommendations for legislation.

      Sec. 8.  This act becomes effective on July 1, 2015.

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ê2015 Statutes of Nevada, Page 1456ê

 

CHAPTER 293, AB 248

Assembly Bill No. 248–Assemblymen Titus, Dooling, Jones, Dickman; Hickey, O’Neill, Oscarson, Shelton, Silberkraus and Wheeler

 

Joint Sponsors: Senators Hardy; Goicoechea and Gustavson

 

CHAPTER 293

 

[Approved: May 30, 2015]

 

AN ACT relating to public health; requiring physicians, under certain circumstances, to report to the Department of Motor Vehicles certain information regarding patients who have epilepsy; abolishing certain duties of physicians to report certain patient information; requiring physicians to inform certain patients with epilepsy of the dangers of operating a motor vehicle; providing that certain reports and statements provided to the Department concerning patients with epilepsy are not subject to the doctor-patient privilege under certain circumstances; providing that a cause of action may not be brought against a physician for failing to report such information to the Department in circumstances where reporting is not required; providing that a cause of action may not be brought against a physician for reporting certain information regarding patients who have epilepsy to the Department except in certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires: (1) a physician to report immediately to the Division of Public and Behavioral Health of the Department of Health and Human Services, in writing, the name, age and address of every person diagnosed as a case of epilepsy, as defined by the State Board of Health; and (2) the Division to report this information to the Department of Motor Vehicles. (NRS 439.270) Section 1 of this bill abolishes these duties and the requirement that the State Board define the term “epilepsy.” Instead, section 1 requires a physician who determines that a patient’s epilepsy severely impairs the ability of the patient to safely operate a motor vehicle to notify such a patient of this determination and sign a written statement verifying that the physician provided the required notification. Section 1 requires a physician to provide a copy of the statement to the Department of Motor Vehicles within 15 days after determining that a patient’s epilepsy severely impairs the ability of the patient to operate a motor vehicle.

      Section 4 of this bill prohibits a person with epilepsy from operating a motor vehicle if the person has been informed by a physician that his or her condition would severely impair his or her ability to safely operate a motor vehicle. Section 4 authorizes a physician who is aware that a person with epilepsy has violated this provision to submit, without the person’s consent, a written report to the Department of Motor Vehicles that includes the name, address and age of the person.

      Section 2 of this bill provides that a person who has been informed by a physician that his or her condition would severely impair his or her ability to safely operate a motor vehicle has no privilege to prevent a physician from disclosing this information to the Department of Motor Vehicles.

      Sections 1 and 4 provide that the Department of Motor Vehicles may only use such information to determine whether a person is eligible to operate a motor vehicle in this State. Sections 1 and 4 also provide that no cause of action may be brought against a physician: (1) for failing to provide such information to the Department in any circumstance where the provision of such information is not required; or (2) for providing such information to the Department, unless the physician acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

 


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ê2015 Statutes of Nevada, Page 1457 (Chapter 293, AB 248)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 439.270 is hereby amended to read as follows:

      439.270  1.  [The State Board of Health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.

      2.  All physicians shall report immediately to the Division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.

      3.  The Division shall report, in writing, to the Department of Motor Vehicles the name, age and address of every person reported to it as a case of epilepsy.

      4.  Except as otherwise provided in NRS 239.0115, the reports are for the information of the Department of Motor Vehicles and must be kept confidential] If a physician determines that, in his or her professional judgment, a patient’s epilepsy severely impairs the ability of the patient to safely operate a motor vehicle, the physician shall:

      (a) Adequately inform the patient of the dangers of operating a motor vehicle with his or her condition until such time as the physician or another physician informs the patient that the patient’s condition does not severely impair the ability of the patient to safely operate a motor vehicle.

      (b) Sign a written statement verifying that the physician informed the patient of all material facts and information required by paragraph (a). The physician shall, to the extent practicable, provide a copy of the statement signed by the physician to the patient. The statement signed by the physician pursuant to this paragraph shall be deemed a health care record, as defined in NRS 629.021.

      (c) Within 15 days after making such a determination, provide to the Department a copy of the statement signed by the physician pursuant to paragraph (b). A statement received by the Department pursuant to this paragraph:

             (1) Is confidential, except that the contents of the statement may be disclosed to the patient; and

             (2) May be used by the Department solely to determine the eligibility of [any person] the patient to operate a vehicle on the streets and highways of this State.

      [5.  A violation of this section is a misdemeanor.]

      2.  Except as otherwise provided in subsection 1, a physician is not required to notify the Department about a patient who has been diagnosed with epilepsy. No cause of action may be brought against a physician based on the fact that he or she did not notify the Department about a patient who has been diagnosed with epilepsy unless the physician does not comply with the requirements set forth in subsection 1.

      3.  No cause of action may be brought against a physician based on the fact that he or she provided a copy of a statement pursuant to subsection 1 unless the physician acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

      4.  As used in this section:

 


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ê2015 Statutes of Nevada, Page 1458 (Chapter 293, AB 248)ê

 

      (a) “Department” means the Department of Motor Vehicles.

      (b) “Patient” means a person who consults or is examined or interviewed by a physician for the purposes of diagnosis or treatment.

      Sec. 2. NRS 49.245 is hereby amended to read as follows:

      49.245  There is no privilege under NRS 49.225 or 49.235:

      1.  For communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the doctor in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

      2.  As to communications made in the course of a court-ordered examination of the condition of a patient with respect to the particular purpose of the examination unless the court orders otherwise.

      3.  As to written medical or hospital records relevant to an issue of the condition of the patient in any proceeding in which the condition is an element of a claim or defense.

      4.  In a prosecution or mandamus proceeding under chapter 441A of NRS.

      5.  As to any information communicated to a physician in an effort unlawfully to procure a dangerous drug or controlled substance, or unlawfully to procure the administration of any such drug or substance.

      6.  As to any written medical or hospital records which are furnished in accordance with the provisions of NRS 629.061.

      7.  As to records that are required by chapter 453 of NRS to be maintained.

      8.  As to reports made to the Department of Motor Vehicles pursuant to subsection 2 of section 4 of this act and any statements provided to the Department pursuant to NRS 439.270.

      9.  If the services of the physician are sought or obtained to enable or aid a person to commit or plan to commit fraud or any other unlawful act in violation of any provision of chapter 616A, 616B, 616C, 616D or 617 of NRS which the person knows or reasonably should know is fraudulent or otherwise unlawful.

      Sec. 3. 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.

 


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ê2015 Statutes of Nevada, Page 1459 (Chapter 293, AB 248)ê

 

287.0438, 289.025, 289.080, 289.387, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 386.655, 387.626, 387.631, 388.5275, 388.528, 388.5315, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.652, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 412.153, 416.070, 422.290, 422.305, 422A.320, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.270, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 453.1545, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 467.137, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.583, 584.655, 598.0964, 598.0979, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.353, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.212, 634.214, 634A.185, 635.158, 636.107, 637.085, 637A.315, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.280, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 710.159, 711.600, and section 4 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

 


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

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

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

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

      Sec. 4. Chapter 483 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person with epilepsy shall not operate a motor vehicle if that person has been informed by a physician pursuant to NRS 439.270 that his or her condition would severely impair his or her ability to safely operate a motor vehicle.

      2.  If a physician is aware that a person has violated subsection 1 after the physician has informed the person pursuant to NRS 439.270 that the person’s condition would severely impair his or her ability to safely operate a motor vehicle, the physician may, without the consent of the person, submit a written report to the Department that includes the name, address and age of the person. A report received by the Department pursuant to this subsection:

      (a) Is confidential, except that the contents of the report may be disclosed to the person about whom the report is made; and

      (b) May be used by the Department solely to determine the eligibility of the person to operate a vehicle on the streets and highways of this State.

      3.  The submission by a physician of a report pursuant to subsection 2 is solely within his or her discretion. No cause of action may be brought against a physician based on the fact that he or she did not submit such a report.

      4.  No cause of action may be brought against a physician based on the fact that he or she submitted a report pursuant to subsection 2 unless the physician acted with malice, intentional misconduct, gross negligence or intentional or knowing violation of the law.

________

 


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ê2015 Statutes of Nevada, Page 1461ê

 

CHAPTER 294, AB 385

Assembly Bill No. 385–Assemblywoman Kirkpatrick

 

CHAPTER 294

 

[Approved: May 30, 2015]

 

AN ACT relating to tow cars; prohibiting operators of tow cars from towing certain vehicles to any location other than a designated vehicle storage lot under certain circumstances; revising provisions relating to operators of tow cars; providing civil and criminal penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes an insurance company to designate vehicle storage lots to which certain vehicles insured by the insurance company must be towed under certain circumstances. Existing law also requires an operator of a tow car who fails to tow a vehicle to a vehicle storage lot designated by an insurance company to forfeit the charge for towing and storage of the vehicle and tow the vehicle free of charge to the designated lot. (NRS 706.4489) Section 3 of this bill prohibits an operator of a tow car from: (1) towing a vehicle to a location other than a vehicle storage lot designated by the insurance company that provides coverage for the vehicle unless the owner or operator of the vehicle directs the operator of the tow car to tow the vehicle to a location that is not a vehicle storage lot pursuant to section 16 of this bill; or (2) seeking authorization from an owner or operator of a vehicle to tow the vehicle to a location other than the designated vehicle storage lot. Section 3 also imposes civil penalties on an operator of a tow car who fails to tow certain vehicles to certain vehicle storage lots designated by an insurance company.

      Existing law requires a law enforcement officer to make a good faith effort to determine the identity of the insurance company that provides coverage for the vehicle before the vehicle is towed. (NRS 706.4489) Section 16 requires the operator of a tow car to make a good faith effort to determine the identity of the insurance company that provides coverage for the vehicle if the law enforcement officer does not communicate that information to the operator. Section 16 also requires the operator of a tow car to: (1) retain any documents provided by a law enforcement officer indicating the identity of the insurance company that provides coverage for the vehicle; and (2) provide copies of such documents to a vehicle storage lot upon delivery of the vehicle to the vehicle storage lot.

      Section 16 additionally prohibits an owner or operator of a vehicle from directing an operator of a tow car to tow the vehicle to a vehicle storage lot other than the vehicle storage lot designated by the insurance company, but authorizes an owner or operator of a vehicle to direct an operator of a tow car to tow the vehicle to a location other than a vehicle storage lot. If an owner or operator of a vehicle directs an operator of a tow car to tow the vehicle to such a location, a law enforcement officer, if one is on the scene, must confirm that the owner or operator of the vehicle directed the operator of the tow car to tow the vehicle to such a location and that the operator of the tow car did not solicit the owner or operator of the vehicle to tow the vehicle to such a location. The law enforcement officer must also note the decision of the owner or operator of the vehicle in any report of the incident. If no law enforcement officer is on the scene, the operator of the tow car must have the owner or operator of the vehicle confirm in writing that he or she directed the towing of the vehicle to a location other than a vehicle storage lot and that the operator of the tow car did not solicit the owner or operator of the vehicle to tow the vehicle to such a location. The operator of the tow car is required to retain a copy of any documentation provided by the law enforcement officer or agency or any written confirmation obtained from the owner or operator of the vehicle.

 


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      Existing law requires an operator of a tow car to maintain a dispatcher’s log identifying certain information for each vehicle towed. (NRS 706.4465) Section 13 of this bill requires an operator to record the insurance company of each vehicle towed if such information is known.

 

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

      Sec. 2. As used in NRS 706.445 to 706.453, inclusive, and sections 2 and 3 of this act, “insurance company” means any entity authorized to provide insurance for motor vehicles in this State, including, without limitation, a captive insurer, as defined in NRS 694C.060, and a person qualified as a self-insurer, pursuant to NRS 485.380.

      Sec. 3. 1.  Except as otherwise provided in NRS 706.4489, an operator of a tow car who is required to tow a vehicle to a designated vehicle storage lot pursuant to that section shall not tow the vehicle to another location. If an operator of a tow car fails to tow a vehicle to the designated vehicle storage lot when required pursuant to NRS 706.4489, the operator of the tow car must:

      (a) Forfeit the charge for towing and storage of the vehicle; and

      (b) Tow the vehicle free of charge to the vehicle storage lot designated by the insurance company or its representative not later than 24 hours after receiving a demand, which must be made in writing or by electronic mail, from the insurance company or its representative.

      2.  An operator of a tow car who is required to tow a vehicle to a designated vehicle storage lot pursuant to NRS 706.4489 shall not solicit the owner or operator of the vehicle to divert the towing of the vehicle to a location other than the designated vehicle storage lot or solicit or market other services performed by a third party. Towing services performed pursuant to a request or demand by the owner or operator of a vehicle that the vehicle be towed to a location other than the designated vehicle storage lot does not relieve the operator of a tow car of any obligation relating to towing services performed without the prior consent of the owner or operator of a vehicle.

      3.  If an operator of a tow car violates the provisions of subsection 1 or 2, the Authority may:

      (a) For a first offense, impose an administrative fine of not more than $5,000.

      (b) For a second offense within a period of 24 consecutive months, impose an administrative fine of not more than $10,000.

      (c) For a third offense within a period of 24 consecutive months, impose an administrative fine of not more than $15,000.

      (d) For a fourth or subsequent offense within a period of 24 consecutive months, impose an administrative fine of not more than $20,000.

      4.  Before imposing a fine pursuant to subsection 3, the Authority shall provide notice to the holder of the certificate of public convenience and necessity and conduct a hearing pursuant to the provisions of chapter 233B of NRS and NRS 706.286.

 


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      5.  All administrative fines imposed and collected by the Authority pursuant to this section are payable to the State Treasurer and must be credited to a separate account to be used by the Authority to enforce the provisions of this chapter.

      Sec. 4. NRS 706.011 is hereby amended to read as follows:

      706.011  As used in NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 706.013 to 706.146, inclusive, have the meanings ascribed to them in those sections.

      Sec. 5. NRS 706.158 is hereby amended to read as follows:

      706.158  The provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act relating to brokers do not apply to any person whom the Authority determines is:

      1.  A motor club which holds a valid certificate of authority issued by the Commissioner of Insurance;

      2.  A bona fide charitable organization, such as a nonprofit corporation or a society, organization or association for educational, religious, scientific or charitable purposes; or

      3.  A broker of transportation services provided by an entity that is exempt pursuant to NRS 706.745 from the provisions of NRS 706.386 or 706.421.

      Sec. 6. NRS 706.163 is hereby amended to read as follows:

      706.163  The provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act do not apply to vehicles leased to or owned by:

      1.  The Federal Government or any instrumentality thereof.

      2.  Any state or a political subdivision thereof.

      Sec. 7. NRS 706.166 is hereby amended to read as follows:

      706.166  The Authority shall:

      1.  Subject to the limitation provided in NRS 706.168 and to the extent provided in this chapter, supervise and regulate:

      (a) Every fully regulated carrier and broker of regulated services in this State in all matters directly related to those activities of the motor carrier and broker actually necessary for the transportation of persons or property, including the handling and storage of that property, over and along the highways.

      (b) Every operator of a tow car concerning the rates and charges assessed for towing services performed without the prior consent of the operator of the vehicle or the person authorized by the owner to operate the vehicle and pursuant to the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  Supervise and regulate the storage of household goods and effects in warehouses and the operation and maintenance of such warehouses in accordance with the provisions of this chapter and chapter 712 of NRS.

      3.  Enforce the standards of safety applicable to the employees, equipment, facilities and operations of those common and contract carriers subject to the Authority or the Department by:

      (a) Providing training in safety;

      (b) Reviewing and observing the programs or inspections of the carrier relating to safety; and

      (c) Conducting inspections relating to safety at the operating terminals of the carrier.

 


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      4.  To carry out the policies expressed in NRS 706.151, adopt regulations providing for agreements between two or more fully regulated carriers or two or more operators of tow cars relating to:

      (a) Fares of fully regulated carriers;

      (b) All rates of fully regulated carriers and rates of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle;

      (c) Classifications;

      (d) Divisions;

      (e) Allowances; and

      (f) All charges of fully regulated carriers and charges of operators of tow cars for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle, including charges between carriers and compensation paid or received for the use of facilities and equipment.

Ê These regulations may not provide for collective agreements which restrain any party from taking free and independent action.

      5.  Review decisions of the Taxicab Authority appealed to the Authority pursuant to NRS 706.8819.

      Sec. 8. NRS 706.286 is hereby amended to read as follows:

      706.286  1.  When a complaint is made against any fully regulated carrier or operator of a tow car by any person that:

      (a) Any of the rates, tolls, charges or schedules, or any joint rate or rates assessed by any fully regulated carrier or by any operator of a tow car for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle are in any respect unreasonable or unjustly discriminatory;

      (b) Any of the provisions of NRS 706.445 to 706.453, inclusive, and sections 2 and 3 of this act have been violated;

      (c) Any regulation, measurement, practice or act directly relating to the transportation of persons or property, including the handling and storage of that property, is, in any respect, unreasonable, insufficient or unjustly discriminatory; or

      (d) Any service is inadequate,

Ê the Authority shall investigate the complaint. After receiving the complaint, the Authority shall give a copy of it to the carrier or operator of a tow car against whom the complaint is made. Within a reasonable time thereafter, the carrier or operator of a tow car shall provide the Authority with its written response to the complaint according to the regulations of the Authority.

      2.  If the Authority determines that probable cause exists for the complaint, it shall order a hearing thereof, give notice of the hearing and conduct the hearing as it would any other hearing.

      3.  No order affecting a rate, toll, charge, schedule, regulation, measurement, practice or act complained of may be entered without a formal hearing unless the hearing is dispensed with as provided in NRS 706.2865.

      Sec. 9. NRS 706.2885 is hereby amended to read as follows:

      706.2885  1.  A certificate of public convenience and necessity, permit or license issued in accordance with this chapter is not a franchise and may be revoked.

      2.  The Authority may at any time, for good cause shown, after investigation and hearing and upon 5 days’ written notice to the grantee, suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act for a period not to exceed 60 days.

 


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ê2015 Statutes of Nevada, Page 1465 (Chapter 294, AB 385)ê

 

suspend any certificate, permit or license issued in accordance with the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act for a period not to exceed 60 days.

      3.  Upon receipt of a written complaint or on its own motion, the Authority may, after investigation and hearing, revoke any certificate, permit or license. If service of the notice required by subsection 2 cannot be made or if the grantee relinquishes the grantee’s interest in the certificate, permit or license by so notifying the Authority in writing, the Authority may revoke the certificate, permit or license without a hearing.

      4.  The proceedings thereafter are governed by the provisions of chapter 233B of NRS.

      Sec. 10. NRS 706.321 is hereby amended to read as follows:

      706.321  1.  Except as otherwise provided in subsection 2, every common or contract motor carrier shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

             (1) Be open to public inspection; and

             (2) Include all rates, fares and charges which the carrier has established and which are in force at the time of filing for any service performed in connection therewith by any carrier controlled and operated by it.

      (b) As a part of that schedule, all regulations of the carrier that in any manner affect the rates or fares charged or to be charged for any service and all regulations of the carrier that the carrier has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  Every operator of a tow car shall file with the Authority:

      (a) Within a time to be fixed by the Authority, schedules and tariffs that must:

            (1) Be open to public inspection; and

             (2) Include all rates and charges for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which the operator has established and which are in force at the time of filing.

      (b) As a part of that schedule, all regulations of the operator of the tow car which in any manner affect the rates charged or to be charged for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle and all regulations of the operator of the tow car that the operator has adopted to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      3.  No changes may be made in any schedule, including schedules of joint rates, or in the regulations affecting any rates or charges, except upon 30 days’ notice to the Authority, and all those changes must be plainly indicated on any new schedules filed in lieu thereof 30 days before the time they are to take effect. The Authority, upon application of any carrier, may prescribe a shorter time within which changes may be made. The 30 days’ notice is not applicable when the carrier gives written notice to the Authority 10 days before the effective date of its participation in a tariff bureau’s rates and tariffs, provided the rates and tariffs have been previously filed with and approved by the Authority.

 


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ê2015 Statutes of Nevada, Page 1466 (Chapter 294, AB 385)ê

 

      4.  The Authority may at any time, upon its own motion, investigate any of the rates, fares, charges, regulations, practices and services filed pursuant to this section and, after hearing, by order, make such changes as may be just and reasonable.

      5.  The Authority may dispense with the hearing on any change requested in rates, fares, charges, regulations, practices or service filed pursuant to this section.

      6.  All rates, fares, charges, classifications and joint rates, regulations, practices and services fixed by the Authority are in force, and are prima facie lawful, from the date of the order until changed or modified by the Authority, or pursuant to NRS 706.2883.

      7.  All regulations, practices and service prescribed by the Authority must be enforced and are prima facie reasonable unless suspended or found otherwise in an action brought for the purpose, or until changed or modified by the Authority itself upon satisfactory showing made.

      Sec. 11. NRS 706.4463 is hereby amended to read as follows:

      706.4463  1.  In addition to the other requirements of this chapter, each operator of a tow car shall, to protect the health, safety and welfare of the public:

      (a) Obtain a certificate of public convenience and necessity from the Authority before the operator provides any services other than those services which the operator provides as a private motor carrier of property pursuant to the provisions of this chapter;

      (b) Use a tow car of sufficient size and weight which is appropriately equipped to transport safely the vehicle which is being towed; and

      (c) Comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  A person who wishes to obtain a certificate of public convenience and necessity to operate a tow car must:

      (a) File an application with the Authority; and

      (b) Submit to the Authority a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the applicant and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Authority shall issue a certificate of public convenience and necessity to an operator of a tow car if it determines that the applicant:

      (a) Complies with the requirements of paragraphs (b) and (c) of subsection 1;

      (b) Complies with the requirements of the regulations adopted by the Authority pursuant to the provisions of this chapter;

      (c) Has provided evidence that the applicant has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the applicant has filed with the Authority schedules and tariffs pursuant to subsection 2 of NRS 706.321.

      4.  An applicant for a certificate has the burden of proving to the Authority that the proposed operation will meet the requirements of subsection 3.

 


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      5.  The Authority may hold a hearing to determine whether an applicant is entitled to a certificate only if:

      (a) Upon the expiration of the time fixed in the notice that an application for a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 3.

      Sec. 12. NRS 706.4464 is hereby amended to read as follows:

      706.4464  1.  An operator of a tow car who is issued a certificate of public convenience and necessity may transfer it to another operator of a tow car qualified pursuant to the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act, but no such transfer is valid for any purpose until a joint application to make the transfer is made to the Authority by the transferor and the transferee, and the Authority has authorized the substitution of the transferee for the transferor. The application must include a complete set of fingerprints of each natural person who is identified by the Authority as a significant principal, partner, officer, manager, member, director or trustee of the transferee and written permission authorizing the Authority to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. No transfer of stock of a corporate operator of a tow car subject to the jurisdiction of the Authority is valid without the prior approval of the Authority if the effect of the transfer would be to change the corporate control of the operator of a tow car or if a transfer of 15 percent or more of the common stock of the operator of a tow car is proposed.

      2.  The Authority shall approve an application filed with it pursuant to subsection 1 if it determines that the transferee:

      (a) Complies with the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act and the regulations adopted by the Authority pursuant to those provisions;

      (b) Uses equipment that is in compliance with the regulations adopted by the Authority;

      (c) Has provided evidence that the transferee has filed with the Authority a liability insurance policy, a certificate of insurance or a bond of a surety and bonding company or other surety required for every operator of a tow car pursuant to the provisions of NRS 706.291; and

      (d) Has provided evidence that the transferee has filed with the Authority schedules and tariffs pursuant to NRS 706.321 which contain rates and charges and the terms and conditions that the operator of the tow car requires to perform towing services without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle which do not exceed the rates and charges that the transferor was authorized to assess for the same services.

      3.  The Authority may hold a hearing concerning an application submitted pursuant to this section only if:

      (a) Upon the expiration of the time fixed in the notice that an application for transfer of a certificate of public convenience and necessity is pending, a petition to intervene has been granted by the Authority; or

 


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      (b) The Authority finds that after reviewing the information provided by the applicant and inspecting the operations of the applicant, it cannot make a determination as to whether the applicant has complied with the requirements of subsection 2.

      4.  The Authority shall not hold a hearing on an application submitted pursuant to this section if the application is made to transfer the certificate of public convenience and necessity from a natural person or partners to a corporation whose controlling stockholders will be substantially the same person or partners.

      5.  The approval by the Authority of an application for transfer of a certificate of public convenience and necessity of an operator of a tow car is not valid after the expiration of the term for the transferred certificate.

      Sec. 13. NRS 706.4465 is hereby amended to read as follows:

      706.4465  The operator shall maintain a dispatcher’s log which shows for each vehicle towed:

      1.  The date and time the call to provide towing was received.

      2.  The name of the person requesting that the vehicle be towed.

      3.  The date and time a tow car was dispatched to provide the towing.

      4.  The date and time the tow car arrived at the location of the vehicle to be towed.

      5.  The date and time the towing was completed.

      6.  The model, make, year of manufacture, vehicle identification number and license plate number of the towed motor vehicle.

      7.  The name of the insurance company that provides coverage for the towed vehicle, if the operator determines the identity of the insurance company or is otherwise informed of the identity of the insurance company.

      Sec. 14. NRS 706.4483 is hereby amended to read as follows:

      706.4483  1.  The Authority shall act upon complaints regarding the failure of an operator of a tow car to comply with the provisions of NRS 706.011 to 706.791, inclusive [.] , and sections 2 and 3 of this act.

      2.  In addition to any other remedies that may be available to the Authority to act upon complaints, the Authority may order the release of towed motor vehicles, cargo or personal property upon such terms and conditions as the Authority determines to be appropriate.

      Sec. 15. NRS 706.4487 is hereby amended to read as follows:

      706.4487  The Legislature hereby finds and declares that:

      1.  Towing a vehicle, either after an accident or after the vehicle is stolen and subsequently recovered, to a vehicle storage lot designated by the insurer of the vehicle will result in the placement of vehicle storage lots in more locations, as insurance companies will designate as many vehicle storage lots as are necessary to provide coverage throughout the county, thus enhancing safety by limiting both the time and distance that a tow car is traveling with a towed vehicle.

      2.  Authorizing insurance companies to designate vehicle storage lots will enhance safety by ensuring that the vehicles towed thereto are stored in locations which:

      (a) Guarantee safe access to the vehicles by their owners; and

      (b) Protect the property of the owners of the vehicles, including, without limitation, the vehicles themselves.

 


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      3.  The provisions of NRS 706.4489 and section 3 of this act constitute an exercise of the safety regulatory authority of this State with respect to motor vehicles.

      Sec. 16. NRS 706.4489 is hereby amended to read as follows:

      706.4489  1.  An insurance company may designate one or more vehicle storage lots to which all vehicles that are towed at the request of a law enforcement officer:

      (a) Following an accident; or

      (b) Following recovery after having been stolen,

Ê and which are insured by that insurance company must be towed pursuant to subsection 2. The designation of a vehicle storage lot must be provided in writing by the insurance company, its representative or the owner or operator of the vehicle storage lot to all providers of towing services that have obtained a certificate of public convenience and necessity and operate in the same geographical area in which the designated vehicle storage lot is situated.

      2.  If a law enforcement officer requests that an operator of a tow car tow a vehicle following an accident or following recovery after having been stolen and the vehicle is not otherwise subject to impoundment, the law enforcement officer shall make a good faith effort to determine the identity of the insurance company that provides coverage for the [owner of the] vehicle. If the law enforcement officer determines the identity of the insurance company, he or she shall inform the operator of the tow car of the identity of the insurance company. If the law enforcement officer does not inform the operator of the tow car of the identity of the insurance company, the operator of the tow car shall make a good faith effort to determine the identity of the insurance company from the law enforcement officer and the owner or operator of the vehicle. If the operator of the tow car:

      (a) Is informed by a law enforcement officer of the identity of the insurance company that provides coverage for the [owner of the] vehicle; or

      (b) Otherwise determines the identity of the insurance company that provides coverage for the [owner of the] vehicle,

Ê and the insurance company has designated a vehicle storage lot pursuant to subsection 1, the operator of the tow car shall tow the vehicle to the designated vehicle storage lot unless the owner or operator of the vehicle , pursuant to subsection 4, or a representative of the insurance company has directed otherwise. The owner or operator of the vehicle shall be deemed to have consented to towing the vehicle to the vehicle storage lot designated by the insurance company that provides coverage for the vehicle.

      3.  [If an operator of a tow car fails to tow a vehicle to the designated vehicle storage lot pursuant to subsection 2, the operator of the tow car shall:

      (a) Forfeit the charge for towing and storage of the vehicle; and

      (b) Tow the vehicle free of charge to the vehicle storage lot designated by the insurance company or its representative not later than 24 hours after receiving a demand, which must be made in writing or by electronic mail, from the insurance company or its representative.] The operator of a tow car shall retain any documents provided by a law enforcement officer pursuant to subsection 2 indicating the identity of the insurance company that provides coverage for a vehicle that is towed at the request of the law enforcement officer. The operator of a tow car shall provide copies of such documents to a vehicle storage lot upon delivery of the vehicle to the vehicle storage lot.

 


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      4.  An owner or operator of a vehicle shall not direct an operator of a tow car to tow the vehicle to a vehicle storage lot other than the vehicle storage lot designated by the insurance company pursuant to subsection 1, but may direct an operator of a tow car to tow the vehicle to a location other than a vehicle storage lot. If an owner or operator of a vehicle directs an operator of a tow car to tow the vehicle to such a location, a law enforcement officer, if one is on the scene, shall confirm that the owner or operator of the vehicle directed the operator of the tow car to tow the vehicle to a location other than the designated vehicle storage lot and that the operator of the tow car did not solicit the owner or operator of the vehicle in violation of subsection 2 of section 3 of this act, and shall note the decision of the owner or operator of the vehicle in any report of the incident. If a law enforcement officer is not on the scene, the operator of the tow car shall require the owner or operator of the vehicle to confirm in writing on a form prescribed by the Authority that he or she directed the operator of the tow car to tow the vehicle to a location other than the designated vehicle storage lot and that the operator of the tow car did not solicit the owner or operator of the vehicle in violation of subsection 2 of section 3 of this act. The operator of the tow car shall retain a copy of any documentation provided by the law enforcement officer or agency and any form signed by the owner or operator of the vehicle.

      5.  The owners of a vehicle storage lot designated by an insurance company pursuant to subsection 1 shall agree in writing to indemnify the relevant law enforcement agencies and their officers, employees, agents and representatives from any liability relating to the towing of a vehicle insured by the designating insurance company and to the storing of the vehicle at the vehicle storage lot if the law enforcement officer who requested the towing of the vehicle made a good faith effort to comply with the provisions of subsection 2.

      [5.]6.  A vehicle storage lot must:

      (a) Maintain adequate, accessible and secure storage within the State of Nevada for any vehicle that is towed to the vehicle storage lot;

      (b) Comply with all standards a law enforcement agency may adopt pursuant to NRS 706.4485 to protect the health, safety and welfare of the public;

      (c) Comply with all local laws and ordinances applicable to that business, including, without limitation, local laws and ordinances relating to business licenses, zoning, building and fire codes, parking, paving, lights and security; and

      (d) If the vehicle storage lot is a salvage pool as that term is defined in NRS 487.400, comply with all applicable requirements imposed pursuant to NRS 487.400 to 487.510, inclusive.

      [6.]7.  If a vehicle storage lot has rates and charges that have been approved by the Authority for the storage of a vehicle, the vehicle storage lot is not required to assess those rates and charges for the storage of a vehicle that is towed to the vehicle storage lot in accordance with this section, but may not assess a rate or charge in excess of those approved rates and charges. If a vehicle storage lot does not have rates and charges that have been approved by the Authority, it may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the law enforcement agency that requested the tow. If the requesting law enforcement agency does not have approved rates and charges, the vehicle storage lot may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the largest law enforcement agency in the county.

 


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storage lot may not assess a rate or charge in excess of the rates and charges for the storage of a vehicle that have been approved by the largest law enforcement agency in the county. An operator of a tow car who tows a vehicle to a vehicle storage lot pursuant to this section:

      (a) Shall assess the rates and charges approved by the Authority for towing the vehicle.

      (b) Is entitled to payment from the operator of the vehicle storage lot at the time the vehicle is towed to the vehicle storage lot.

      [7.]8.  Before designating a vehicle storage lot pursuant to subsection 1, an insurance company must obtain the approval of the Authority. The Authority shall approve the designation if the Authority determines that the vehicle storage lot has:

      (a) Executed an indemnification agreement that meets the requirements of subsection [4;] 5;

      (b) Satisfied the requirements of subsection [5;] 6; and

      (c) Otherwise satisfied the requirements of this section.

      [8.]9.  The provisions of this section apply only to a county whose population is 700,000 or more.

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

      (a) “Boat” means any vessel or other watercraft, other than a seaplane, used or capable of being used as a means of transportation on the water.

      (b) “Vehicle” has the meaning ascribed to it in NRS 706.146 and includes all terrain vehicles and boats.

      (c) “Vehicle storage lot” means a business which, for a fee, stores vehicles that are towed at the request of a law enforcement officer following an accident or following recovery after having been stolen and includes, without limitation, a salvage pool, as that term is defined in NRS 487.400, which operates a vehicle storage lot in accordance with the provisions of this section. The term does not include a salvage pool that has not elected to operate a vehicle storage lot in accordance with the provisions of this section and is operating within the scope of its authority pursuant to NRS 487.400 to 487.510, inclusive.

      Sec. 17. NRS 706.453 is hereby amended to read as follows:

      706.453  The provisions of NRS 706.445 to 706.451, inclusive, and sections 2 and 3 of this act do not apply to automobile wreckers who are licensed pursuant to chapter 487 of NRS.

      Sec. 18. NRS 706.736 is hereby amended to read as follows:

      706.736  1.  Except as otherwise provided in subsection 2, the provisions of NRS 706.011 to 706.791, inclusive, and sections 2 and 3 of this act do not apply to:

      (a) The transportation by a contractor licensed by the State Contractors’ Board of the contractor’s own equipment in the contractor’s own vehicles from job to job.

      (b) Any person engaged in transporting the person’s own personal effects in the person’s own vehicle, but the provisions of this subsection do not apply to any person engaged in transportation by vehicle of property sold or to be sold, or used by the person in the furtherance of any commercial enterprise other than as provided in paragraph (d), or to the carriage of any property for compensation.

      (c) Special mobile equipment.

 


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      (d) The vehicle of any person, when that vehicle is being used in the production of motion pictures, including films to be shown in theaters and on television, industrial training and educational films, commercials for television and video discs and tapes.

      (e) A private motor carrier of property which is used for any convention, show, exhibition, sporting event, carnival, circus or organized recreational activity.

      (f) A private motor carrier of property which is used to attend livestock shows and sales.

      (g) The transportation by a private school of persons or property in connection with the operation of the school or related school activities, so long as the vehicle that is used to transport the persons or property does not have a gross vehicle weight rating of 26,001 pounds or more and is not registered pursuant to NRS 706.801 to 706.861, inclusive.

      2.  Unless exempted by a specific state statute or a specific federal statute, regulation or rule, any person referred to in subsection 1 is subject to:

      (a) The provisions of paragraph (d) of subsection 1 of NRS 706.171 and NRS 706.235 to 706.256, inclusive, 706.281, 706.457 and 706.458.

      (b) All rules and regulations adopted by reference pursuant to paragraph (b) of subsection 1 of NRS 706.171 concerning the safety of drivers and vehicles.

      (c) All standards adopted by regulation pursuant to NRS 706.173.

      3.  The provisions of NRS 706.311 to 706.453, inclusive, and sections 2 and 3 of this act, 706.471, 706.473, 706.475 and 706.6411 which authorize the Authority to issue:

      (a) Except as otherwise provided in paragraph (b), certificates of public convenience and necessity and contract carriers’ permits and to regulate rates, routes and services apply only to fully regulated carriers.

      (b) Certificates of public convenience and necessity to operators of tow cars and to regulate rates for towing services performed without the prior consent of the owner of the vehicle or the person authorized by the owner to operate the vehicle apply to operators of tow cars.

      4.  Any person who operates pursuant to a claim of an exemption provided by this section but who is found to be operating in a manner not covered by any of those exemptions immediately becomes liable, in addition to any other penalties provided in this chapter, for the fee appropriate to the person’s actual operation as prescribed in this chapter, computed from the date when that operation began.

      5.  As used in this section, “private school” means a nonprofit private elementary or secondary educational institution that is licensed in this State.

      Sec. 19. NRS 706.756 is hereby amended to read as follows:

      706.756  1.  Except as otherwise provided in subsection 2, any person who:

      (a) Operates a vehicle or causes it to be operated in any carriage to which the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act apply without first obtaining a certificate, permit or license, or in violation of the terms thereof;

      (b) Fails to make any return or report required by the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act or by the Authority or the Department pursuant to the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

 


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      (c) Violates, or procures, aids or abets the violating of, any provision of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (d) Fails to obey any order, decision or regulation of the Authority or the Department;

      (e) Procures, aids or abets any person in the failure to obey such an order, decision or regulation of the Authority or the Department;

      (f) Advertises, solicits, proffers bids or otherwise is held out to perform transportation as a common or contract carrier in violation of any of the provisions of NRS 706.011 to 706.861, inclusive [;] , and sections 2 and 3 of this act;

      (g) Advertises as providing:

             (1) The services of a fully regulated carrier; or

             (2) Towing services,

Ê without including the number of the person’s certificate of public convenience and necessity or contract carrier’s permit in each advertisement;

      (h) Knowingly offers, gives, solicits or accepts any rebate, concession or discrimination in violation of the provisions of this chapter;

      (i) Knowingly, willfully and fraudulently seeks to evade or defeat the purposes of this chapter;

      (j) Operates or causes to be operated a vehicle which does not have the proper identifying device;

      (k) Displays or causes or permits to be displayed a certificate, permit, license or identifying device, knowing it to be fictitious or to have been cancelled, revoked, suspended or altered;

      (l) Lends or knowingly permits the use of by one not entitled thereto any certificate, permit, license or identifying device issued to the person so lending or permitting the use thereof; or

      (m) Refuses or fails to surrender to the Authority or Department any certificate, permit, license or identifying device which has been suspended, cancelled or revoked pursuant to the provisions of this chapter,

Ê is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $1,000, or by imprisonment in the county jail for not more than 6 months, or by both fine and imprisonment.

      2.  Any person who, in violation of the provisions of NRS 706.386, operates as a fully regulated common motor carrier without first obtaining a certificate of public convenience and necessity or any person who, in violation of the provisions of NRS 706.421, operates as a contract motor carrier without first obtaining a permit is guilty of a misdemeanor and shall be punished:

      (a) For a first offense within a period of 12 consecutive months, by a fine of not less than $500 nor more than $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

      (b) For a second offense within a period of 12 consecutive months and for each subsequent offense that is committed within a period of 12 consecutive months of any prior offense under this subsection, by a fine of $1,000. In addition to the fine, the person may be punished by imprisonment in the county jail for not more than 6 months.

 


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      3.  Any person who, in violation of the provisions of NRS 706.386, operates or permits the operation of a vehicle in passenger service without first obtaining a certificate of public convenience and necessity is guilty of a gross misdemeanor.

      4.  If a law enforcement officer witnesses a violation of any provision of subsection 2 or 3, the law enforcement officer may cause the vehicle to be towed immediately from the scene and impounded in accordance with NRS 706.476.

      5.  The fines provided in this section are mandatory and must not be reduced under any circumstances by the court.

      6.  Any bail allowed must not be less than the appropriate fine provided for by this section.

      Sec. 20. NRS 706.781 is hereby amended to read as follows:

      706.781  In addition to all the other remedies provided by NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, for the prevention and punishment of any violation of the provisions thereof and of all orders of the Authority or the Department, the Authority or the Department may compel compliance with the provisions of NRS 706.011 to 706.861, inclusive, and sections 2 and 3 of this act, and with the orders of the Authority or the Department by proceedings in mandamus, injunction or by other civil remedies.

      Sec. 21. NRS 244.3605 is hereby amended to read as follows:

      244.3605  1.  Notwithstanding the provisions of NRS 244.360 and 244.3601, the board of county commissioners of a county may, to abate public nuisances, adopt by ordinance procedures pursuant to which the board or its designee may order an owner of property within the county to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS;

      (c) Clear weeds and noxious plant growth; or

      (d) Repair, clear, correct, rectify, safeguard or eliminate any other public nuisance as defined in the ordinance adopted pursuant to this section,

Ê to protect the public health, safety and welfare of the residents of the county.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent notice, by certified mail, return receipt requested, of the existence on the owner’s property of a public nuisance set forth in subsection 1 and the date by which the owner must abate the public nuisance.

             (2) If the public nuisance is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the public nuisance.

             (3) Afforded an opportunity for a hearing before the designee of the board relating to the order of abatement and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

             (4) Afforded an opportunity for a hearing before the designee of the board relating to the imposition of civil penalties and an appeal of that decision either to the board or to a court of competent jurisdiction, as determined by the ordinance adopted pursuant to subsection 1.

 


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      (b) Provide that the date specified in the notice by which the owner must abate the public nuisance is tolled for the period during which the owner requests a hearing and receives a decision.

      (c) Provide the manner in which the county will recover money expended to abate the public nuisance on the property if the owner fails to abate the public nuisance.

      (d) Provide for civil penalties for each day that the owner did not abate the public nuisance after the date specified in the notice by which the owner was required to abate the public nuisance.

      3.  In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the county to request the operator of a tow car to abate a public nuisance by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the conditions of subsection 4 are satisfied. The operator of a tow car requested to tow a vehicle pursuant to this section must comply with the provisions of NRS 706.445 to 706.453, inclusive [.] , and sections 2 and 3 of this act.

      4.  The county may abate the public nuisance on the property and may recover the amount expended by the county for labor and materials used to abate the public nuisance or request abatement by the operator of a tow car pursuant to subsection 3 if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance on the owner’s property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the public nuisance within the period specified in the order; or

      (c) The board or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the public nuisance within the period specified in the order.

      5.  In addition to any other reasonable means for recovering money expended by the county to abate the public nuisance and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the board or its designee may make the expense and civil penalties a special assessment against the property upon which the public nuisance is located, and this special assessment may be collected pursuant to the provisions set forth in subsection 4 of NRS 244.360.

      6.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 5 by the board or its designee unless:

      (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the public nuisance or the date specified in the order of the board or court by which the owner must abate the public nuisance, whichever is later;

      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

 


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      7.  If a designee of the board imposes a special assessment pursuant to subsection 5, the designee shall submit a written report to the board at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      8.  As used in this section, “dangerous structure or condition” means a structure or condition that is a public nuisance which may cause injury to or endanger the health, life, property or safety of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 244.3675 with respect to minimum levels of health or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the board of county commissioners of a county, the violation of which is designated by the board as a public nuisance in the ordinance, rule or regulation.

      Sec. 22. NRS 268.4122 is hereby amended to read as follows:

      268.4122  1.  The governing body of a city may adopt by ordinance procedures pursuant to which the governing body or its designee may order an owner of property within the city to:

      (a) Repair, safeguard or eliminate a dangerous structure or condition;

      (b) Clear debris, rubbish, refuse, litter, garbage, abandoned or junk vehicles or junk appliances which are not subject to the provisions of chapter 459 of NRS; or

      (c) Clear weeds and noxious plant growth,

Ê to protect the public health, safety and welfare of the residents of the city.

      2.  An ordinance adopted pursuant to subsection 1 must:

      (a) Contain procedures pursuant to which the owner of the property is:

             (1) Sent a notice, by certified mail, return receipt requested, of the existence on the property of a condition set forth in subsection 1 and the date by which the owner must abate the condition.

             (2) If the condition is not an immediate danger to the public health, safety or welfare and was caused by the criminal activity of a person other than the owner, afforded a minimum of 30 days to abate the condition.

             (3) Afforded an opportunity for a hearing before the designee of the governing body relating to the order of abatement and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

             (4) Afforded an opportunity for a hearing before the designee of the governing body relating to the imposition of civil penalties and an appeal of that decision. The ordinance must specify whether all such appeals are to be made to the governing body or to a court of competent jurisdiction.

      (b) Provide that the date specified in the notice by which the owner must abate the condition is tolled for the period during which the owner requests a hearing and receives a decision.

 


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      (c) Provide the manner in which the city will recover money expended for labor and materials used to abate the condition on the property if the owner fails to abate the condition.

      (d) Provide for civil penalties for each day that the owner did not abate the condition after the date specified in the notice by which the owner was requested to abate the condition.

      (e) If the county board of health, city board of health or district board of health in whose jurisdiction the incorporated city is located has adopted a definition of garbage, use the definition of garbage adopted by the county board of health, city board of health or district board of health, as applicable.

      3.  In any county whose population is 700,000 or more, an ordinance adopted pursuant to subsection 1 may authorize the city to request the operator of a tow car to abate a condition by towing abandoned or junk vehicles which are not concealed from ordinary public view by means of inside storage, suitable fencing, opaque covering, trees, shrubbery or other means if the governing body or its designee has directed the abatement of the condition pursuant to subsection 4. The operator of a tow car requested to tow a vehicle by a city pursuant to this section must comply with the provisions of NRS 706.445 to 706.453, inclusive [.] , and sections 2 and 3 of this act.

      4.  The governing body or its designee may direct the city to abate the condition on the property and may recover the amount expended by the city for labor and materials used to abate the condition or request abatement by the operator of a tow car pursuant to subsection 3 if:

      (a) The owner has not requested a hearing within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition on the property within the period specified in the notice;

      (b) After a hearing in which the owner did not prevail, the owner has not filed an appeal within the time prescribed in the ordinance adopted pursuant to subsection 1 and has failed to abate the condition within the period specified in the order; or

      (c) The governing body or a court of competent jurisdiction has denied the appeal of the owner and the owner has failed to abate the condition within the period specified in the order.

      5.  In addition to any other reasonable means for recovering money expended by the city to abate the condition and, except as otherwise provided in subsection 6, for collecting civil penalties imposed pursuant to the ordinance adopted pursuant to subsection 1, the governing body or its designee may make the expense and civil penalties a special assessment against the property upon which the condition is or was located. The special assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and is subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection and enforcement of county taxes are applicable to such a special assessment.

      6.  Any civil penalties that have not been collected from the owner of the property may not be made a special assessment against the property pursuant to subsection 5 by the governing body or its designee unless:

      (a) At least 12 months have elapsed after the date specified in the notice by which the owner must abate the condition or the date specified in the order of the governing body or court by which the owner must abate the condition, whichever is later;

 


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      (b) The owner has been billed, served or otherwise notified that the civil penalties are due; and

      (c) The amount of the uncollected civil penalties is more than $5,000.

      7.  If a designee of the governing body imposes a special assessment pursuant to subsection 5, the designee shall submit a written report to the governing body at least once each calendar quarter that sets forth, for each property against which such an assessment has been imposed:

      (a) The street address or assessor’s parcel number of the property;

      (b) The name of each owner of record of the property as of the date of the assessment; and

      (c) The total amount of the assessment, stating the amount assessed for the expense of abatement and any amount assessed for civil penalties.

      8.  As used in this section, “dangerous structure or condition” means a structure or condition that may cause injury to or endanger the health, life, property, safety or welfare of the general public or the occupants, if any, of the real property on which the structure or condition is located. The term includes, without limitation, a structure or condition that:

      (a) Does not meet the requirements of a code or regulation adopted pursuant to NRS 268.413 with respect to minimum levels of health, maintenance or safety; or

      (b) Violates an ordinance, rule or regulation regulating health and safety enacted, adopted or passed by the governing body of a city, the violation of which is designated as a nuisance in the ordinance, rule or regulation.

________

CHAPTER 295, SB 5

Senate Bill No. 5–Senator Settelmeyer

 

CHAPTER 295

 

[Approved: May 30, 2015]

 

AN ACT relating to elections; revising provisions governing elections for certain judicial offices; providing that candidates for certain nonpartisan offices who receive a majority of the votes cast in certain primary elections must be declared elected to office without being placed on the ballot at a general election; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law designates certain elective offices as nonpartisan offices, which include judicial offices, school offices, the office of county sheriff, the Board of Regents of the University of Nevada, city and town officers, the State Board of Education and members of boards of hospital trustees of public hospitals. (NRS 293.195) Existing law also establishes certain rules for determining whether candidates for nonpartisan offices appear on the ballot for a primary election or the general election. (NRS 293.260) This bill revises some of those rules.

      Under existing law, if there is only one candidate for the nonpartisan office of judge of the Court of Appeals or justice of the Supreme Court, the name of the candidate is omitted from the primary election ballot and placed only on the general election ballot. (NRS 293.260) Section 1 of this bill applies the same rule to a candidate for the nonpartisan office of judge of a district court. Section 1 also provides that if there are not more than twice the number of candidates to be elected to any nonpartisan office, the names of the candidates are omitted from the primary election ballot and placed only on the general election ballot.

 


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provides that if there are not more than twice the number of candidates to be elected to any nonpartisan office, the names of the candidates are omitted from the primary election ballot and placed only on the general election ballot.

      Except for nonpartisan offices in certain cities, existing law provides that if there are more than twice the number of candidates to be elected to a nonpartisan office: (1) the names of the candidates must appear on the primary election ballot; and (2) those candidates who receive the highest number of votes at the primary election, not to exceed twice the number to be elected, must be declared nominees for the office and their names must be placed on the general election ballot. (NRS 293.260) Section 1 modifies this rule for most nonpartisan offices and provides that if one candidate receives a majority of the votes cast in such a primary election, the candidate is declared elected to the office and his or her name is not placed on the general election ballot. However, if one candidate receives a majority of the votes cast in such a primary election for the nonpartisan office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the candidate is declared the only nominee for the office and his or her name is placed on the general election ballot.

      For primary city elections conducted in certain general law cities, existing law provides that if one candidate receives “more than a majority” of the votes cast in such an election for the office for which he or she is a candidate, the candidate must be declared to be elected to the office and the candidate’s name must not be placed on the ballot for the general city election. (NRS 293C.175) Section 2 of this bill amends the statute to clarify that such a candidate need only receive a majority of the votes cast, not some greater number, to be declared to be elected. Section 3 of this bill makes a similar change to the Charter of Carson City.

      For most charter cities that hold primary city elections, existing law provides that if one candidate receives a majority of votes cast in the primary city election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. (Boulder City Charter § 96, Henderson City Charter § 5.010, Las Vegas City Charter § 5.010, North Las Vegas City Charter § 5.020) Section 3 amends the Charter of Carson City so that this rule applies to Carson City as well.

 

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 293.260 is hereby amended to read as follows:

      293.260  1.  [Where] If there is no contest of election for nomination to a particular office, neither the title of the office nor the name of the candidate may appear on the ballot.

      2.  If more than one major political party has candidates for a particular office, the persons who receive the highest number of votes at the primary elections must be declared the nominees of those parties for the office.

      3.  If only one major political party has candidates for a particular office and a minor political party has nominated a candidate for the office or an independent candidate has filed for the office, the candidate who receives the highest number of votes in the primary election of the major political party must be declared the nominee of that party and his or her name must be placed on the general election ballot with the name of the nominee of the minor political party for the office and the name of the independent candidate who has filed for the office.

      4.  If only one major political party has candidates for a particular office and no minor political party has nominated a candidate for the office and no independent candidate has filed for the office:

 


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      (a) If there are more candidates than twice the number to be elected to the office, the names of the candidates must appear on the ballot for a primary election. Except as otherwise provided in this paragraph, the candidates of that party who receive the highest number of votes in the primary election, not to exceed twice the number to be elected to that office at the general election, must be declared the nominees for the office. If only one candidate is to be elected to the office and a candidate receives a majority of the votes in the primary election for that office, that candidate must be declared the nominee for that office and his or her name must be placed on the ballot for the general election.

      (b) If there are [no] not more than twice the number of candidates to be elected to the office, the candidates must, without a primary election, be declared the nominees for the office.

      5.  [Where no] If not more than the number of candidates to be elected have filed for nomination for:

      (a) Any partisan office [,] or the office of judge of a district court, judge of the Court of Appeals or [the office of] justice of the Supreme Court, the names of those candidates must be omitted from all ballots for a primary election and placed on all ballots for [a] the general election;

      (b) Any nonpartisan office, other than the office of judge of a district court, judge of the Court of Appeals, justice of the Supreme Court [, office of judge of the Court of Appeals] or [the office of] member of a town advisory board, the names of those candidates must appear on the ballot for a primary election unless the candidates were nominated pursuant to subsection 2 of NRS 293.165. If a candidate receives one or more votes at the primary election, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If a candidate does not receive one or more votes at the primary election, his or her name must be placed on the ballot for the general election; and

      (c) The office of member of a town advisory board, the candidate must be declared elected to the office and no election must be held for that office.

      6.  If there are not more than twice the number of candidates to be elected to a nonpartisan office, the candidates must, without a primary election, be declared the nominees for the office, and the names of the candidates must be omitted from all ballots for a primary election and placed on all ballots for the general election.

      7.  If there are more [candidates] than twice the number of candidates to be elected to a nonpartisan office, the names of the candidates must appear on the ballot for a primary election. Those candidates who receive the highest number of votes at [that] the primary election, not to exceed twice the number to be elected, must be declared nominees for the office [.] and the names of those candidates must be placed on the ballot for the general election, except that if one of those candidates receives a majority of the votes cast in the primary election for:

      (a) The office of judge of a district court, judge of the Court of Appeals or justice of the Supreme Court, the candidate must be declared the only nominee for the office and only his or her name must be placed on the ballot for the general election.

      (b) Any other nonpartisan office, the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election.

 


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      Sec. 2. NRS 293C.175 is hereby amended to read as follows:

      293C.175  1.  Except as otherwise provided in NRS 293C.115, a primary city election must be held in each city of population category one, and in each city of population category two that has so provided by ordinance, on the first Tuesday after the first Monday in April of every year in which a general city election is to be held, at which time there must be nominated candidates for offices to be voted for at the next general city election.

      2.  Except as otherwise provided in NRS 293C.115, a candidate for any office to be voted for at the primary city election must file a declaration of candidacy with the city clerk not less than 60 days or more than 70 days before the date of the primary city election. The city clerk shall charge and collect from the candidate and the candidate must pay to the city clerk, at the time of filing the declaration of candidacy, a filing fee in an amount fixed by the governing body of the city by ordinance or resolution. The filing fees collected by the city clerk must be deposited to the credit of the general fund of the city.

      3.  All candidates, except as otherwise provided in NRS 266.220, must be voted upon by the electors of the city at large.

      4.  If, in a primary city election held in a city of population category one or two, one candidate receives [more than] a majority of votes cast in that election for the office for which he or she is a candidate, the candidate must be declared elected to the office and the candidate’s name must not be placed on the ballot for the general city election. If, in the primary city election, no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest number of votes must be placed on the ballot for the general city election.

      Sec. 3. Section 5.010 of the Charter of Carson City, being chapter 213, Statutes of Nevada 1969, as last amended by chapter 100, Statutes of Nevada 1999, at page 271, is hereby amended to read as follows:

       Sec. 5.010  Primary election.

       1.  A primary election must be held on the date fixed by the election laws of this state for statewide elections, at which time there must be nominated candidates for offices to be voted for at the next general election.

       2.  A candidate for any office to be voted for at any primary election must file a declaration of candidacy as provided by the election laws of this state.

       3.  All candidates for the office of Mayor and Supervisor, and candidates for the office of Municipal Judge if a third department of the Municipal Court has been established, must be voted upon by the registered voters of Carson City at large.

       4.  If only two persons file for a particular office, their names must not appear on the primary ballot but their names must be placed on the ballot for the general election.

       5.  If in the primary election one candidate receives [more than] a majority of votes cast in that election for the office for which he or she is a candidate, [his or her name alone must be placed on the ballot for the general election.] the candidate must be declared elected to the office and his or her name must not be placed on the ballot for the general election. If in the primary election no candidate receives a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.

 


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a majority of votes cast in that election for the office for which he or she is a candidate, the names of the two candidates receiving the highest numbers of votes must be placed on the ballot for the general election.

      Secs. 4-7. (Deleted by amendment.)

________

CHAPTER 296, SB 38

Senate Bill No. 38–Committee on Judiciary

 

CHAPTER 296

 

[Approved: May 30, 2015]

 

AN ACT relating to gaming; revising provisions governing the operation of charitable lotteries; requiring the Nevada Gaming Commission to adopt certain regulations relating to the operation of club venues and the registration of club venue employees; revising various definitions relating to gaming; removing licensing requirements for certain persons associated with gaming; requiring persons who manufacture or distribute associated equipment relating to gaming to be registered; requiring the Commission to adopt certain regulations relating to the registration of such persons; repealing certain provisions relating to gaming; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the operation of charitable lotteries by certain charitable and nonprofit organizations. (Chapter 462 of NRS) Sections 1-1.2 of this bill: (1) authorize an alumni organization or a state or local bar organization to operate charitable lotteries; and (2) make certain technical changes governing the operation of charitable lotteries.

      Existing law requires the Nevada Gaming Commission and the State Gaming Control Board to administer state gaming licenses and manufacturers’, sellers’ and distributors’ licenses, and to perform various acts relating to the regulation and control of gaming. (NRS 463.140) Sections 1.4-1.7 of this bill: (1) provide certain definitions related to the operation of club venues within nonrestricted gaming establishments; and (2) require the Commission to adopt regulations relating to such club venues and the registration of club venue employees.

      Sections 1.9 and 2 of this bill revise the definitions of the terms “gaming employee” and “manufacture” for the purposes of the statutory provisions governing the licensing and control of gaming by including references to manufacturers of associated equipment.

      Existing law prohibits certain actions related to gaming without the person first procuring and maintaining the required licensure. (NRS 463.160) Existing law also authorizes the Commission to provide by regulation for the licensing of service providers, who generally: (1) perform certain services on behalf of another licensed person who conducts nonrestricted gaming operations or an establishment licensed to operate interactive gaming; or (2) provide services or devices which patrons of licensed establishments use to obtain cash or wagering instruments. (NRS 463.677) Section 6 of this bill removes the licensing requirement for persons who provide certain intellectual property or information via a database or customer list.

 


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      Existing law makes it unlawful to manufacture, sell or distribute certain items related to gaming without procuring and maintaining the required licensure. (NRS 463.650) Section 5.5 of this bill requires the Commission to adopt regulations governing associated equipment, including prescribing the requirements for registration and the fees for the application for and issuance and renewal of a registration to manufacture and distribute associated equipment.

      Existing law authorizes the Commission to provide by regulation for the operation of interactive gaming and the licensing of: (1) the operation of interactive gaming; (2) a manufacturer of interactive gaming systems; (3) a manufacturer of equipment associated with interactive gaming; and (4) an interactive gaming service provider. (NRS 463.750-463.767) Sections 7-10 of this bill remove and repeal the provisions authorizing the Commission to license manufacturers of equipment associated with interactive gaming.

 

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 462.125 is hereby amended to read as follows:

      462.125  “Qualified organization” means a bona fide alumni, charitable, civic, educational, fraternal, patriotic, political, religious , state or local bar or veterans’ organization that is not operated for profit.

      Sec. 1.1. NRS 462.140 is hereby amended to read as follows:

      462.140  A qualified organization may operate a charitable lottery if:

      1.  The organization is approved by the Executive Director and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year exceeds $25,000, but does not exceed $500,000;

      2.  [The] Except as otherwise provided in subsection 4, the organization registers with the Executive Director and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year exceeds $2,500, but does not exceed $25,000; [or]

      3.  The total value of the prizes offered in the charitable lottery does not exceed $2,500 and [:

      (a) The] the organization operates no more than two charitable lotteries per calendar year; or

      [(b)]4.  The tickets or chances for the charitable lottery are sold only to members of the organization, and to guests of those members while attending a special event sponsored by the organization, and the total value of all the prizes offered in charitable lotteries operated by the organization during the same calendar year does not exceed $15,000.

      Sec. 1.2. NRS 462.180 is hereby amended to read as follows:

      462.180  A qualified organization shall not:

      1.  [Sell] Except as approved by the Executive Director, sell any ticket or chance for a charitable lottery outside of:

      (a) The primary county in which the charitable lottery is being conducted; and

      (b) Any counties that border on the primary county.

      2.  If the organization has been approved by the Executive Director, conduct more than one charitable lottery in any calendar quarter without the specific authorization of the Executive Director.

 


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      Sec. 1.3. Chapter 463 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.4 to 1.7, inclusive, of this act.

      Sec. 1.4. “Club venue” means a venue, including, without limitation, a pool venue, that:

      1.  Is located on the premises of a nonrestricted gaming establishment;

      2.  Prohibits patrons under 21 years of age from entering the premises;

      3.  Is licensed to serve alcohol;

      4.  Allows dancing; and

      5.  Offers live music, a disc jockey or an emcee.

      Sec. 1.5. “Club venue employee” means a natural person or third-party contractor who is required to register under the regulations adopted by the Commission pursuant to section 1.7 of this act. The term includes:

      1.  Any person who provides hosting and VIP services; and

      2.  Any other person who the Commission determines must register because such registration is necessary to promote the public policy set forth in NRS 463.0129.

      Sec. 1.6. “Club venue operator” means a person who:

      1.  Operates a club venue as a tenant of, or pursuant to a management or similar type of agreement with, a nonrestricted licensee; and

      2.  Does not, or whose controlled affiliate does not, hold a nonrestricted gaming license.

      Sec. 1.7. 1.  The Commission shall, with the advice and assistance of the Board, provide by regulation for the registration of club venue employees and matters associated therewith. Such regulations may include, without limitation, the following:

      (a) Requiring a club venue employee to register with the Board in the same manner as a gaming employee.

      (b) Establishing the fees associated with registration pursuant to paragraph (a), which may not exceed the fees for registration as a gaming employee.

      (c) Requiring a club venue operator to have a written agreement with:

             (1) Any third-party contractor who provides hosting or VIP services to the club venue; and

             (2) Any other third-party contractor who provides services to the club venue on the premises of a licensed gaming establishment and who the Commission determines must comply with the provisions of this paragraph because such compliance is necessary to promote the public policy set forth in NRS 463.0129.

      (d) Requiring the registration of certain third-party contractors in the manner established for independent agents, including the authority to require the application of such persons for a determination of suitability pursuant to paragraph (b) of subsection 2 of NRS 463.167.

      (e) Establishing the fees associated with registration pursuant to paragraph (d), which may not exceed the fees for registration as an independent agent.

      2.  Except as otherwise provided by specific statute or by the regulations adopted pursuant to this section, a club venue employee shall be deemed to be a gaming employee for the purposes of all provisions of this chapter and the regulations adopted pursuant thereto that apply to a gaming employee.

 


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      Sec. 1.8. NRS 463.013 is hereby amended to read as follows:

      463.013  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 463.0133 to 463.01967, inclusive, and sections 1.4, 1.5 and 1.6 of this act have the meanings ascribed to them in those sections.

      Sec. 1.9. NRS 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any person connected directly with an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or with the operation of a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, including:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Boxpersons;

      (c) Cashiers;

      (d) Change personnel;

      (e) Counting room personnel;

      (f) Dealers;

      (g) Employees of a person required by NRS 464.010 to be licensed to operate an off-track pari-mutuel system;

      (h) Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems, mobile gaming systems, equipment associated with mobile gaming systems [,] or interactive gaming systems ; [or equipment associated with interactive gaming;]

      (j) Employees of operators of slot routes who have keys for slot machines or who accept and transport revenue from the slot drop;

      (k) Employees of operators of inter-casino linked systems, mobile gaming systems or interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      (l) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      (m) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      (n) Floorpersons;

      (o) Hosts or other persons empowered to extend credit or complimentary services;

      (p) Keno runners;

      (q) Keno writers;

      (r) Machine mechanics;

      (s) Odds makers and line setters;

 


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      (t) Security personnel;

      (u) Shift or pit bosses;

      (v) Shills;

      (w) Supervisors or managers;

      (x) Ticket writers;

      (y) Employees of a person required by NRS 463.160 to be licensed to operate an information service;

      (z) Employees of a licensee who have local access and provide management, support, security or disaster recovery services for any hardware or software that is regulated pursuant to the provisions of this chapter and any regulations adopted pursuant thereto; and

      (aa) Temporary or contract employees hired by a licensee to perform a function related to gaming.

      2.  “Gaming employee” does not include barbacks or bartenders whose duties do not involve gaming activities, cocktail servers or other persons engaged exclusively in preparing or serving food or beverages.

      3.  As used in this section, “local access” means access to hardware or software from within a licensed gaming establishment, hosting center or elsewhere within this State.

      Sec. 2. NRS 463.01715 is hereby amended to read as follows:

      463.01715  1.  “Manufacture” means:

      (a) To manufacture, produce, program, design, control the design of or make modifications to a gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada;

      (b) To direct, control or assume responsibility for the methods and processes used to design, develop, program, assemble, produce, fabricate, compose and combine the components and other tangible objects of any gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada; or

      (c) To assemble, or control the assembly of, a gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system for use or play in Nevada.

      2.  As used in this section:

      (a) “Assume responsibility” means to:

             (1) Acquire complete control over, or ownership of, the applicable gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system; and

             (2) Accept continuing legal responsibility for the gaming device, associated equipment, cashless wagering system, mobile gaming system or interactive gaming system, including, without limitation, any form of manufacture performed by an affiliate or independent contractor.

      (b) “Independent contractor” means, with respect to a manufacturer, any person who:

             (1) Is not an employee of the manufacturer; and

             (2) Pursuant to an agreement with the manufacturer, designs, develops, programs, produces or composes a control program used in the manufacture of a gaming device. As used in this subparagraph, “control program” has the meaning ascribed to it in NRS 463.0155.

      Sec. 3. (Deleted by amendment.)

 


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      Sec. 3.3. NRS 463.331 is hereby amended to read as follows:

      463.331  1.  An Investigative Fund is hereby created as an enterprise fund for the purposes of paying all expenses incurred by the Board and the Commission for investigation of an application for a license, finding of suitability or approval under the provisions of this chapter. The special revenue of the Investigative Fund is the money received by the State from the respective applicants. The amount to be paid by each applicant is the amount determined by the Board in each case, but the Board may not charge any amount to an applicant for a finding of suitability to be associated with a gaming enterprise pursuant to paragraph (a) of subsection 2 of NRS 463.167 [.] , other than a club venue operator.

      2.  Expenses may be advanced from the Investigative Fund by the Chair, and expenditures from the Fund may be made without regard to NRS 281.160. Any money received from the applicant in excess of the costs and charges incurred in the investigation or the processing of the application must be refunded pursuant to regulations adopted by the Board and the Commission. At the conclusion of the investigation, the Board shall give to the applicant a written accounting of the costs and charges so incurred.

      3.  Within 3 months after the end of a fiscal year, the amount of the balance in the Fund in excess of $2,000 must be deposited in the State General Fund.

      Sec. 3.7. NRS 463.3407 is hereby amended to read as follows:

      463.3407  1.  Any communication or document of an applicant , [or] licensee [,] or club venue operator, or an affiliate of [either,] an applicant, licensee or club venue operator, which is made or transmitted to the Board or Commission or any of their agents or employees to:

      (a) Comply with any law or the regulations of the Board or Commission;

      (b) Comply with a subpoena issued by the Board or Commission; or

      (c) Assist the Board or Commission in the performance of their respective duties,

Ê is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

      2.  If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the Board or Commission or any of its agents or employees.

      3.  Notwithstanding the provisions of subsection 4 of NRS 463.120:

      (a) The Board, Commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant , [or] licensee [,] or club venue operator, or an affiliate of [either,] an applicant, licensee or club venue operator, which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant, licensee , club venue operator or affiliate, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant, licensee , club venue operator or affiliate.

      (b) The Board and Commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the Board and Commission and their authorized agents and employees.

      (c) The Board and Commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant , [or] licensee [,] or club venue operator, or an affiliate of [either.]

 


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provided by an applicant , [or] licensee [,] or club venue operator, or an affiliate of [either.] an applicant, licensee or club venue operator.

      Secs. 4 and 5. (Deleted by amendment.)

      Sec. 5.5. NRS 463.665 is hereby amended to read as follows:

      463.665  1.  [A] The Commission shall, with the advice and assistance of the Board, adopt regulations prescribing:

      (a) The manner and method for the approval of associated equipment by the Board; and

      (b) The method and form of any application required by paragraph (a).

      2.  Except as otherwise provided in subsection 4, the regulations adopted pursuant to subsection 1 must:

      (a) Require persons who manufacture or distribute associated equipment for use in this State to be registered by the Commission if such associated equipment:

             (1) Is directly used in gaming;

             (2) Has the ability to add or subtract cash, cash equivalents or wagering credits to a game, gaming device or cashless wagering system;

             (3) Interfaces with and affects the operation of a game, gaming device, cashless wagering system or other associated equipment;

             (4) Is used directly or indirectly in the reporting of gross revenue;

             (5) Records sales for use in an area subject to the tax imposed by NRS 368A.200; or

             (6) Is otherwise determined by the Commission to create a risk to the integrity of gaming and protection of the public if not regulated;

      (b) Establish the degree of review an applicant for registration pursuant to this section must undergo, which level may be different for different forms of associated equipment; and

      (c) Establish fees for the application, issuance and renewal of the registration required pursuant to this section, which must not exceed $1,000 per application, issuance or renewal of such registration.

      3.  This section does not apply to:

      (a) A licensee; or

      (b) An affiliate of a licensee or an independent contractor as defined by NRS 463.01715.

      4.  In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, a manufacturer or distributor of associated equipment who sells, transfers or offers the associated equipment for use or play in Nevada may be required by the Commission, upon recommendation of the Board, to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.

      [2.  Any]

      5.  In addition to requiring a manufacturer or distributor of associated equipment to be registered as set forth in subsections 2 and 3, any person who directly or indirectly involves himself or herself in the sale, transfer or offering for use or play in Nevada of such associated equipment who is not otherwise required to be licensed as a manufacturer or distributor may be required by the Commission, upon recommendation of the Board, to file an application for a finding of suitability to be a manufacturer or distributor of associated equipment.

 


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      [3.]6.  If an application for a finding of suitability is not submitted to the Board within 30 days after demand by the Commission, it may pursue any remedy or combination of remedies provided in this chapter.

      7.  Any person who manufactures or distributes associated equipment who has complied with all applicable regulations adopted by the Commission before October 1, 2015, shall be deemed to be registered pursuant to this section.

      Sec. 6. NRS 463.677 is hereby amended to read as follows:

      463.677  1.  The Legislature finds that:

      (a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, mobile gaming systems, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by a service provider who provides important services to the public with regard to the conduct and exposure of such games.

      (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to license service providers by maintaining strict regulation and control of the operation of such service providers and all persons and locations associated therewith.

      2.  Except as otherwise provided in subsection 3, the Commission may, with the advice and assistance of the Board, provide by regulation for the licensing and operation of a service provider and all persons, locations and matters associated therewith. Such regulations may include, without limitation:

      (a) Provisions requiring the service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission, and to be licensed regardless of whether the service provider holds any other license.

      (b) Criteria regarding the location from which the service provider conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.

      (c) Provisions relating to the licensing of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.

      (d) A provision that a person owning, operating or having significant involvement with a service provider, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

      (e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that a service provider must be liable to the licensee on whose behalf the services are provided for the service provider’s proportionate share of the fees and taxes paid by the licensee.

      3.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that service providers are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

      4.  Regulations adopted by the Commission pursuant to this section must provide that the premises on which a service provider conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the service provider is a gaming licensee.

 


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operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the service provider is a gaming licensee.

      5.  As used in this section:

      (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

             (1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;

             (2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;

             (3) Maintains or operates the software or hardware of an interactive gaming system; or

             (4) [Provides the trademarks, trade names, service marks or similar intellectual property under which an establishment licensed to operate interactive gaming identifies its interactive gaming system to patrons;

             (5) Provides information regarding persons to an establishment licensed to operate interactive gaming via a database or customer list; or

             (6)] Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment’s interactive gaming system.

      (b) “Service provider” means a person who:

             (1) Acts on behalf of another licensed person who conducts nonrestricted gaming operations, and who assists, manages, administers or controls wagers or games, or maintains or operates the software or hardware of games on behalf of such a licensed person, and is authorized to share in the revenue from games without being licensed to conduct gaming at an establishment;

             (2) Is an interactive gaming service provider;

             (3) Is a cash access and wagering instrument service provider; or

             (4) Meets such other or additional criteria as the Commission may establish by regulation.

      Sec. 7. NRS 463.750 is hereby amended to read as follows:

      463.750  1.  The Commission shall, with the advice and assistance of the Board, adopt regulations governing the licensing and operation of interactive gaming.

      2.  The regulations adopted by the Commission pursuant to this section must:

      (a) Establish the investigation fees for:

             (1) A license to operate interactive gaming;

             (2) A license for a manufacturer of interactive gaming systems; and

             (3) [A license for a manufacturer of equipment associated with interactive gaming; and

             (4)] A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (b) Provide that:

             (1) A person must hold a license for a manufacturer of interactive gaming systems to supply or provide any interactive gaming system, including, without limitation, any piece of proprietary software or hardware; and

 


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             (2) [A person may be required by the Commission to hold a license for a manufacturer of equipment associated with interactive gaming; and

             (3)] A person must hold a license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      (c) Except as otherwise provided in subsections 6 to 10, inclusive, set forth standards for the suitability of a person to be licensed as a manufacturer of interactive gaming systems [, manufacturer of equipment associated with interactive gaming] or a service provider as described in paragraph (b) of subsection 5 of NRS 463.677 that are as stringent as the standards for a nonrestricted license.

      (d) Set forth provisions governing:

             (1) The initial fee for a license for a service provider as described in paragraph (b) of subsection 5 of NRS 463.677.

             (2) The fee for the renewal of such a license for such a service provider and any renewal requirements for such a license.

             (3) Any portion of the license fee paid by a person licensed to operate interactive gaming, pursuant to subsection 1 of NRS 463.770, for which a service provider may be liable to the person licensed to operate interactive gaming.

      (e) Provide that gross revenue received by an establishment from the operation of interactive gaming is subject to the same license fee provisions of NRS 463.370 as the games and gaming devices of the establishment, unless federal law otherwise provides for a similar fee or tax.

      (f) Set forth standards for the location and security of the computer system and for approval of hardware and software used in connection with interactive gaming.

      (g) Define [“equipment associated with interactive gaming,”] “interactive gaming system,” [“manufacturer of equipment associated with interactive gaming,”] “manufacturer of interactive gaming systems,” “operate interactive gaming” and “proprietary hardware and software” as the terms are used in this chapter.

      3.  Except as otherwise provided in subsections 4 and 5, the Commission shall not approve a license for an establishment to operate interactive gaming unless:

      (a) In a county whose population is 700,000 or more, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices.

      (b) In a county whose population is 45,000 or more but less than 700,000, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Holds a nonrestricted license for the operation of games and gaming devices;

             (2) Has more than 120 rooms available for sleeping accommodations in the same county;

             (3) Has at least one bar with permanent seating capacity for more than 30 patrons that serves alcoholic beverages sold by the drink for consumption on the premises;

             (4) Has at least one restaurant with permanent seating capacity for more than 60 patrons that is open to the public 24 hours each day and 7 days each week; and

             (5) Has a gaming area that is at least 18,000 square feet in area with at least 1,600 slot machines, 40 table games, and a sports book and race pool.

 


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      (c) In all other counties, the establishment is a resort hotel that holds a nonrestricted license to operate games and gaming devices or the establishment:

             (1) Has held a nonrestricted license for the operation of games and gaming devices for at least 5 years before the date of its application for a license to operate interactive gaming;

             (2) Meets the definition of group 1 licensee as set forth in the regulations of the Commission on the date of its application for a license to operate interactive gaming; and

             (3) Operates either:

                   (I) More than 50 rooms for sleeping accommodations in connection therewith; or

                   (II) More than 50 gaming devices in connection therewith.

      4.  The Commission may:

      (a) Issue a license to operate interactive gaming to an affiliate of an establishment if:

             (1) The establishment satisfies the applicable requirements set forth in subsection 3;

             (2) The affiliate is located in the same county as the establishment; and

             (3) The establishment has held a nonrestricted license for at least 5 years before the date on which the application is filed; and

      (b) Require an affiliate that receives a license pursuant to this subsection to comply with any applicable provision of this chapter.

      5.  The Commission may issue a license to operate interactive gaming to an applicant that meets any qualifications established by federal law regulating the licensure of interactive gaming.

      6.  Except as otherwise provided in subsections 7, 8 and 9:

      (a) A covered person may not be found suitable for licensure under this section within 5 years after February 21, 2013;

      (b) A covered person may not be found suitable for licensure under this section unless such covered person expressly submits to the jurisdiction of the United States and of each state in which patrons of interactive gaming operated by such covered person after December 31, 2006, were located, and agrees to waive any statutes of limitation, equitable remedies or laches that otherwise would preclude prosecution for a violation of any provision of federal law or the law of any state in connection with such operation of interactive gaming after that date;

      (c) A person may not be found suitable for licensure under this section within 5 years after February 21, 2013, if such person uses a covered asset for the operation of interactive gaming; and

      (d) Use of a covered asset is grounds for revocation of an interactive gaming license, or a finding of suitability, issued under this section.

      7.  The Commission, upon recommendation of the Board, may waive the requirements of subsection 6 if the Commission determines that:

      (a) In the case of a covered person described in paragraphs (a) and (b) of subsection 1 of NRS 463.014645:

             (1) The covered person did not violate, directly or indirectly, any provision of federal law or the law of any state in connection with the ownership and operation of, or provision of services to, an interactive gaming facility that, after December 31, 2006, operated interactive gaming involving patrons located in the United States; and

 


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             (2) The assets to be used or that are being used by such person were not used after that date in violation of any provision of federal law or the law of any state;

      (b) In the case of a covered person described in paragraph (c) of subsection 1 of NRS 463.014645, the assets that the person will use in connection with interactive gaming for which the covered person applies for a finding of suitability were not used after December 31, 2006, in violation of any provision of federal law or the law of any state; and

      (c) In the case of a covered asset, the asset was not used after December 31, 2006, in violation of any provision of federal law or the law of any state, and the interactive gaming facility in connection with which the asset was used was not used after that date in violation of any provision of federal law or the law of any state.

      8.  With respect to a person applying for a waiver pursuant to subsection 7, the Commission shall afford the person an opportunity to be heard and present relevant evidence. The Commission shall act as finder of fact and is entitled to evaluate the credibility of witnesses and persuasiveness of the evidence. The affirmative votes of a majority of the whole Commission are required to grant or deny such waiver. The Board shall make appropriate investigations to determine any facts or recommendations that it deems necessary or proper to aid the Commission in making determinations pursuant to this subsection and subsection 7.

      9.  The Commission shall make a determination pursuant to subsections 7 and 8 with respect to a covered person or covered asset without regard to whether the conduct of the covered person or the use of the covered asset was ever the subject of a criminal proceeding for a violation of any provision of federal law or the law of any state, or whether the person has been prosecuted and the prosecution terminated in a manner other than with a conviction.

      10.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, either solely or in conjunction with others, to operate interactive gaming:

      (a) Until the Commission adopts regulations pursuant to this section; and

      (b) Unless the person first procures, and thereafter maintains in effect, all appropriate licenses as required by the regulations adopted by the Commission pursuant to this section.

      11.  A person who violates subsection 10 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 10 years or by a fine of not more than $50,000, or both.

      Sec. 8. NRS 463.760 is hereby amended to read as follows:

      463.760  1.  Before issuing a license for a manufacturer of interactive gaming systems , [or manufacturer of equipment associated with interactive gaming,] the Commission shall charge and collect a license fee of [:

      (a) One hundred and twenty-five thousand dollars] $125,000 for a license for a manufacturer of interactive gaming systems . [; or

      (b) Fifty thousand dollars for a license for a manufacturer of equipment associated with interactive gaming.]

      2.  Each license issued pursuant to this section must be issued for a 1-year period that begins on the date the license is issued.

      3.  Before renewing a license issued pursuant to this section, but in no case later than 1 year after the license was issued or previously renewed, the Commission shall charge and collect a renewal fee for the renewal of the license for the immediately following 1-year period.

 


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Commission shall charge and collect a renewal fee for the renewal of the license for the immediately following 1-year period. The renewal fee for a license for a manufacturer of interactive gaming systems [or manufacturer of equipment associated with interactive gaming] is $25,000.

      Sec. 9. NRS 463.767 is hereby amended to read as follows:

      463.767  1.  The Commission may, with the advice and assistance of the Board, adopt a seal for its use to identify:

      (a) A license to operate interactive gaming;

      (b) A license for a manufacturer of interactive gaming systems; and

      (c) [A license for a manufacturer of equipment associated with interactive gaming; and

      (d)] A license for a service provider to perform the actions described in paragraph (a) of subsection 5 of NRS 463.677.

      2.  The Chair of the Commission has the care and custody of the seal.

      3.  The seal must have imprinted thereon the words “Nevada Gaming Commission.”

      4.  A person shall not use, copy or reproduce the seal in any way not authorized by this chapter or the regulations of the Commission. Except under circumstances where a greater penalty is provided in NRS 205.175, a person who violates this subsection is guilty of a gross misdemeanor.

      5.  A person convicted of violating subsection 4 is, in addition to any criminal penalty imposed, liable for a civil penalty upon each such conviction. A court before whom a defendant is convicted of a violation of subsection 4 shall, for each violation, order the defendant to pay a civil penalty of $5,000. The money so collected:

      (a) Must not be deducted from any penal fine imposed by the court;

      (b) Must be stated separately on the court’s docket; and

      (c) Must be remitted forthwith to the Commission.

      Sec. 10. NRS 463.566, 463.5732 and 463.755 are hereby repealed.

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

      2.  Sections 1.3 to 1.8, inclusive, 3.3 and 3.7 of this act become effective:

      (a) Upon passage and approval for the purpose of adopting the regulations described in section 1.7 of this act and performing any other preparatory administrative tasks necessary to carry out the provisions of those sections; and

      (b) Upon adoption by the Nevada Gaming Commission of the regulations described in section 1.7 of this act for all other purposes.

      3.  Section 5.5 of this act becomes effective:

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

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

      4.  Sections 1, 1.1, 1.2, 1.9, 2, 3, 4, 5 and 6 to 10, inclusive, of this act become effective on July 1, 2015.

________

 


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ê2015 Statutes of Nevada, Page 1495ê

 

CHAPTER 297, SB 58

Senate Bill No. 58–Committee on Judiciary

 

CHAPTER 297

 

[Approved: May 30, 2015]

 

AN ACT relating to children; revising provisions concerning the release of certain information relating to a child subject to the jurisdiction of the juvenile court; revising provisions concerning the release of certain information relating to child welfare services; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes directors of juvenile services and the Chief of the Youth Parole Bureau, or his or her designee, to release, upon written request and good cause shown, certain information concerning a child who is within the purview of the juvenile court to certain other persons involved in the juvenile justice system. (NRS 62H.025) Section 1 of this bill specifies that juvenile justice information is confidential and may only be released under certain circumstances. Section 1 also revises: (1) the information that may be released; (2) the list of persons to whom the information may be released; and (3) the circumstances under which the information may be released. Section 1 further eliminates the requirement that a request for such information be in writing and revises from 3 days to 5 business days the period in which a denial of a request for the release of the information must be made to the person who requested the information. Finally, section 1 makes it a gross misdemeanor for certain persons to disseminate or make public juvenile justice information.

      Existing law makes it a gross misdemeanor for certain persons to disseminate or make public information relating to child welfare services. (NRS 432B.290) Section 1.5 of this bill revises the list of persons who may disseminate or make public such information and the circumstances under which the information may be released.

 

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 62H.025 is hereby amended to read as follows:

      62H.025  1.  Juvenile justice information [must be maintained in accordance with federal law, and any provision of federal law authorizing the release of juvenile justice information must be construed as broadly as possible in favor of the release of juvenile justice information.] is confidential and may only be released in accordance with the provisions of this section or as expressly authorized by other federal or state law.

      2.  For the purpose of ensuring the safety, permanent placement, rehabilitation, educational success and well-being of a child [,] or the safety of the public, a [director of] juvenile [services or the Chief of the Youth Parole Bureau, or his or her designee,] justice agency may [, upon written request and good cause shown, share appropriate] release juvenile justice information [with:] to:

      (a) A director of juvenile services or his or her designee;

      (b) The Chief of the Youth Parole Bureau or his or her designee;

      (c) A district attorney or his or her designee;

      (d) An attorney representing the child;

 


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      (e) The director of a state agency which administers juvenile justice or his or her designee;

      (f) A director of a state, regional or local facility for the detention of children or his or her designee;

      (g) The director of an agency which provides child welfare services or his or her designee;

      (h) A guardian ad litem or court appointed special advocate who represents the child;

      (i) A parent or guardian of the child ; [if the release of the information to the parent or guardian is consistent with the purposes of this section; or]

      (j) The child to whom the juvenile justice information pertains if the child has reached the age of majority [.] , or a person who presents a release that is signed by the child who has reached the age of majority and which specifies the juvenile justice information to be released and the purpose for the release;

      (k) A school district, if the juvenile justice agency and the school district have entered into a written agreement to share juvenile justice information for a purpose consistent with the purposes of this section;

      (l) A person or organization who has entered into a written agreement with the juvenile justice agency to provide assessments or juvenile justice services;

      (m) A person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services if the juvenile justice information is provided in the aggregate and without any personal identifying information; or

      (n) A person who is authorized by a court order to receive the juvenile justice information, if the juvenile justice agency was provided with notice and opportunity to be heard before the issuance of the order.

      3.  [A written request for juvenile justice information pursuant to subsection 2 may be made only for the purpose of determining the appropriate placement of the child pursuant to the provisions of chapter 432B of NRS, the appropriate treatment or services to be provided to the child or the appropriate conditions of probation or parole to be imposed on the child. The written request must state the reason that the juvenile justice information is requested. A written] A juvenile justice agency may deny a request for juvenile justice information [may be refused] if:

      (a) The request does not , in accordance with the purposes of this section, demonstrate good cause for the release of the information; or

      (b) The release of the information would cause material harm to the child or would prejudice any court proceeding to which the child is subject.

Ê A [refusal] denial pursuant to this subsection must be made in writing to the person [or entity] requesting the information not later than [3] 5 business days after receipt of the request . [, excluding Saturdays, Sundays and holidays.

      4.  Any juvenile justice information provided pursuant to this section is confidential, must be provided only to those persons listed in subsection 2 and must be maintained in accordance with any applicable laws and regulations.

      5.]4.  Any juvenile justice information provided pursuant to this section may not be used to deny a child access to any service for which the child would otherwise be eligible, including, without limitation:

 


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      (a) Educational services;

      (b) Social services;

      (c) Mental health services;

      (d) Medical services; or

      (e) Legal services.

      [6.  A director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee, may release juvenile justice information:

      (a) In the aggregate and without personal identifying information included, to a person engaged in bona fide research that may be used to improve juvenile justice services or secure additional funding for juvenile justice services.

      (b) As deemed necessary by a legislative body of this State or a local government in this State to conduct an audit or proper oversight of any department, agency or office providing services related to juvenile justice.

      7.]5.  Except as otherwise provided in this subsection, any person who is provided with juvenile justice information pursuant to this section and who further disseminates the information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

      (a) A district attorney who uses the information solely for the purpose of initiating legal proceedings; or

      (b) A person or organization described in subsection 2 who provides a report concerning juvenile justice information to a court or other party pursuant to this title or chapter 432B of NRS.

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

      (a) “Juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      (b) “Juvenile justice information” means any information [maintained by a director of juvenile services or the Chief of the Youth Parole Bureau, or his or her designee,] which is directly related to a child in need of supervision, a delinquent child or any other child who is otherwise subject to the jurisdiction of the juvenile court.

      Sec. 1.5. NRS 432B.290 is hereby amended to read as follows:

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

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

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

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

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

             (1) The child; or

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

 


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

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

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

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

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

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

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

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

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

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

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

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

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

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

 


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

      (a) A copy of:

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

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

 


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

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

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

      6.  A person who is the subject of an unsubstantiated report of child abuse or neglect made pursuant to this chapter and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services. The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent. The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel. The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition. If the court determines that there is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

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

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

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

      10.  [Any] Except as otherwise provided in this subsection, any person [, except for:] who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor.

 


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information or makes the information public is guilty of a gross misdemeanor. This subsection does not apply to:

      (a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings; [or]

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

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

      (c) An employee of a juvenile justice agency who provides the information to the juvenile court.

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

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

      13.  As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

      Sec. 2. (Deleted by amendment.)

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

________

CHAPTER 298, SB 76

Senate Bill No. 76–Committee on Education

 

CHAPTER 298

 

[Approved: May 30, 2015]

 

AN ACT relating to higher education; updating the Western Regional Higher Education Compact; authorizing the Nevada State Commissioners to adopt regulations to carry out the provisions of the Compact and to delegate certain functions; amending the requirements for allocation and forgiveness of stipends provided by the Nevada Office of the Western Interstate Commission for Higher Education; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the participation of the State of Nevada in the Western Interstate Commission for Higher Education. (Chapter 397 of NRS) Under the terms of the Western Regional Higher Education Compact, Nevada residents may participate in programs that provide financial support to assist them in attending colleges and universities located within the 16 states and territories that are signatories to the Compact.

      Sections 1 and 2 of this bill update the Compact to include states and territories that have been added to the Compact after 1969. Section 3 of this bill authorizes the three Nevada State Commissioners to: (1) adopt regulations to carry out the provisions of chapter 397 of NRS (provisions relating to the Western Regional Higher Education Compact); and (2) delegate authority to carry out the provisions of chapter 397 of NRS at a meeting held in accordance with the open meeting law.

 


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Section 5 of this bill authorizes the Commissioners to choose and certify applicants for certain programs administered by the Nevada and regional offices of the Commission.

      Existing law authorizes the three Nevada State Commissioners to require a person to practice in a medically underserved area to qualify to receive support fees, and allow such a person to qualify for loan forgiveness under certain circumstances. (NRS 397.0617) Section 7 of this bill allows participants seeking education and training in certain medical professions to qualify for loan forgiveness if their practice after graduation serves certain medically underserved “populations” as well as medically underserved “areas”, or health professional shortage areas, within the State. Section 7 also modifies and caps the permissible amount of loan forgiveness. Sections 4 and 6-18 of this bill make conforming changes within chapter 397 of NRS.

 

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

      As used in this chapter, “state” means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of the Northern Mariana Islands.

      Sec. 2. NRS 397.020 is hereby amended to read as follows:

      397.020  The form and contents of such Compact shall be substantially as provided in this section and the effect of its provisions shall be interpreted and administered in conformity with the provisions of this chapter:

 

Western Regional [Higher] Education Compact

 

      The contracting states do hereby agree as follows:

 

ARTICLE 1

 

      WHEREAS, The future of this Nation and of the Western States is dependent upon the quality of the education of its youth; and

      WHEREAS, Many of the Western States individually do not have sufficient numbers of potential students to warrant the establishment and maintenance within their borders of adequate facilities in all of the essential fields of technical, professional, and graduate training, nor do all the states have the financial ability to furnish within their borders institutions capable of providing acceptable standards of training in all of the fields mentioned above; and

      WHEREAS, It is believed that the Western States, or groups of such states within the region, cooperatively can provide acceptable and efficient educational facilities to meet the needs of the region and of the students thereof;

      Now, therefore, the States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington [,] and Wyoming, and [Hawaii] the Commonwealth of the Northern Mariana Islands do hereby covenant and agree as follows:

 


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ARTICLE 2

 

      Each of the compacting states pledges to each of the other compacting states faithful cooperation in carrying out all the purposes of this compact.

 

ARTICLE 3

 

      The compacting states hereby create the Western Interstate Commission for Higher Education, hereinafter called the commission. Said commission shall be a body corporate of each compacting state and an agency thereof. The commission shall have all the powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states.

 

ARTICLE 4

 

      The commission shall consist of three resident members from each compacting state. At all times one commissioner from each compacting state shall be an educator engaged in the field of higher education in the state from which the commissioner is appointed.

      The commissioners from each state shall be appointed by the governor thereof as provided by law in such state. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner shall have been appointed.

      The terms of each commissioner shall be four years; provided, however, that the first three commissioners shall be appointed as follows: one for two years, one for three years, and one for four years. Each commissioner shall hold office until his or her successor shall be appointed and qualified. If any office becomes vacant for any reason, the governor shall appoint a commissioner to fill the office for the remainder of the unexpired term.

 

ARTICLE 5

 

      Any business transacted at any meeting of the commission must be by affirmative vote of a majority of the whole number of compacting states.

      One or more commissioners from a majority of the compacting states shall constitute a quorum for the transaction of business.

      Each compacting state represented at any meeting of the commission is entitled to one vote.

 

ARTICLE 6

 

      The commission shall elect from its number a chair and a vice chair, and may appoint, and at its pleasure dismiss or remove, such officers, agents, and employees as may be required to carry out the purpose of this compact; and shall fix and determine their duties, qualifications and compensation, having due regard for the importance of the responsibilities involved.

      The commissioners shall serve without compensation, but shall be reimbursed for their actual and necessary expenses from the funds of the commission.

 


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ARTICLE 7

 

      The commission shall adopt a seal and bylaws and shall adopt and promulgate rules and regulations for its management and control.

      The commission may elect such committees as it deems necessary for the carrying out of its functions.

      The commission shall establish and maintain an office within one of the compacting states for the transaction of its business and may meet at any time, but in any event must meet at least once a year. The chair may call such additional meetings and upon the request of a majority of the commissioners of three or more compacting states shall call additional meetings.

      The commission shall submit a budget to the governor of each compacting state at such time and for such period as may be required.

      The commission shall, after negotiations with interested institutions, determine the cost of providing the facilities for graduate and professional education for use in its contractual agreements throughout the region.

      On or before the fifteenth day of January of each year, the commission shall submit to the governors and legislatures of the compacting states a report of its activities for the preceding calendar year.

      The commission shall keep accurate books of account, showing in full its receipts and disbursements, and said books of account shall be open at any reasonable time for inspection by the governor of any compacting state or the designated representative of the governor. The commission shall not be subject to the audit and accounting procedure of any of the compacting states. The commission shall provide for an independent annual audit.

 

ARTICLE 8

 

      It shall be the duty of the commission to enter into such contractual agreements with any institutions in the region offering graduate or professional education and with any of the compacting states as may be required in the judgment of the commission to provide adequate services and facilities of graduate and professional education for the citizens of the respective compacting states. The commission shall first endeavor to provide adequate services and facilities in the fields of dentistry, medicine, public health, and veterinary medicine, and may undertake similar activities in other professional and graduate fields.

      For this purpose the commission may enter into contractual agreements:

      (a) With the governing authority of any educational institution in the region, or with any compacting state, to provide such graduate or professional educational services upon terms and conditions to be agreed upon between contracting parties, and

      (b) With the governing authority of any educational institution in the region or with any compacting state to assist in the placement of graduate or professional students in educational institutions in the region providing the desired services and facilities, upon such terms and conditions as the commission may prescribe.

      It shall be the duty of the commission to undertake studies of needs for professional and graduate educational facilities in the region, the resources for meeting such needs, and the long-range effects of the compact on higher education; and from time to time to prepare comprehensive reports on such research for presentation to the Western Governors’ Conference and to the legislatures of the compacting states.

 


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legislatures of the compacting states. In conducting such studies, the commission may confer with any national or regional planning body which may be established. The commission shall draft and recommend to the governors of the various compacting states, uniform legislation dealing with problems of higher education in the region.

      For the purposes of this compact the word “region” shall be construed to mean the geographical limits of the several compacting states.

 

ARTICLE 9

 

      The operating costs of the commission shall be apportioned equally among the compacting states.

 

ARTICLE 10

 

      This compact shall become operative and binding immediately as to those states adopting it whenever five or more of the states of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, Wyoming, Alaska, and Hawaii have duly adopted it prior to July 1, 1953. This compact shall become effective as to any additional states or territory adopting thereafter at the time of such adoption.

 

ARTICLE 11

 

      This compact may be terminated at any time by consent of a majority of the compacting states. Consent shall be manifested by passage and signature in the usual manner of legislation expressing such consent by the legislature and governor of such terminating state. Any state may at any time withdraw from this compact by means of appropriate legislation to that end. Such withdrawal shall not become effective until two years after written notice thereof by the governor of the withdrawing state accompanied by a certified copy of the requisite legislative action is received by the commission. Such withdrawal shall not relieve the withdrawing state from its obligations hereunder accruing prior to the effective date of withdrawal. The withdrawing state may rescind its action of withdrawal at any time within the two-year period. Thereafter, the withdrawing state may be reinstated by application to and the approval by a majority vote of the commission.

 

ARTICLE 12

 

      If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights, privileges and benefits conferred by this compact or agreements hereunder, shall be suspended from the effective date of such default as fixed by the commission.

      Unless such default shall be remedied within a period of two years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of three-fourths of the other member states.

      Any such defaulting state may be reinstated by: (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and the approval by a majority vote of the commission.

 


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ê2015 Statutes of Nevada, Page 1506 (Chapter 298, SB 76)ê

 

      Sec. 3. NRS 397.030 is hereby amended to read as follows:

      397.030  1.  In furtherance of the provisions contained in the Compact, there must be three Commissioners from the State of Nevada, appointed by the Governor.

      2.  The qualifications and terms of the three Nevada State Commissioners must be in accordance with Article 4 of the Compact. A Nevada State Commissioner shall hold office until his or her successor is appointed and qualified, but the successor’s term expires 4 years after the legal date of expiration of the term of his or her predecessor.

      3.  Any Nevada State Commissioner may be removed from office by the Governor upon charges and after a hearing.

      4.  The term of any Nevada State Commissioner who ceases to hold the required qualifications terminates when a successor is appointed.

      5.  The three Nevada State Commissioners, acting jointly, may:

      (a) Adopt regulations as necessary to carry out the provisions of this chapter; and

      (b) At a meeting held in accordance with the provisions of chapter 241 of NRS, delegate to an officer or employee of the Nevada Office of the Western Interstate Commission for Higher Education the authority to undertake any actions authorized or required by the provisions of this chapter, except that any agreement that will be binding on the Commission must be approved by the Commission.

      Sec. 4. NRS 397.0557 is hereby amended to read as follows:

      397.0557  The Western Interstate Commission for Higher Education may apply for and accept grants. Upon receipt of sufficient grants, the Commission , or the three Nevada State Commissioners, acting jointly, may enter into binding agreements to purchase additional contract places for Nevada residents in graduate or professional schools within the region. The provisions of NRS 397.060 apply to the selection and certification of [students] applicants to fill any contract place purchased pursuant to this section. The provisions of NRS 397.0615, 397.0645 and 397.0653 do not apply to financial support provided to a [student] participant pursuant to this section. The terms and conditions of repayment, if any, must be set forth fully in a contract between the [student] participant and the grantor.

      Sec. 5. NRS 397.060 is hereby amended to read as follows:

      397.060  The three Nevada State Commissioners, acting jointly:

      1.  Shall:

      (a) Choose from among Nevada residents who apply [,] for a program administered by the Nevada Office of the Western Interstate Commission for Higher Education, and have at least 1 year’s residence in this state immediately before applying for the program, those most qualified for contract places; and

      (b) Certify them to receiving institutions [.] or locations at which an applicant will practice his or her profession.

      2.  Shall choose from among the applicants, for a program administered by the Nevada Office of the Western Interstate Commission for Higher Education, who apply for a support fee of 100 percent stipend for practice in certain professions and locations, and who lack at least 1 year of residence in this State immediately before applying for the program, those most qualified for contract places.

 


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      3.  Shall review and certify the list of Nevada applicants for programs administered by the Regional Office of the Western Interstate Commission for Higher Education.

      4.  May enter into any reciprocity agreement, including, without limitation, the State Authorization Reciprocity Agreement, for the purpose of authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State if the requirements contained in the agreement for authorizing a postsecondary educational institution that is located in another state or territory of the United States to provide distance education to residents of this State are substantially similar to the requirements for licensure of a postsecondary educational institution by the Commission on Postsecondary Education pursuant to NRS 394.383 to 394.560, inclusive. As used in this subsection, “postsecondary educational institution” has the meaning ascribed to it in NRS 394.099.

      Sec. 6. NRS 397.0615 is hereby amended to read as follows:

      397.0615  Financial support provided to [a student] an applicant who is chosen by the three Nevada State Commissioners to receive such support from the Western Interstate Commission for Higher Education must be provided in the form of a support fee. Except as otherwise provided in NRS 397.0617, 25 percent of the support fee is a loan that the [student] recipient must repay with interest pursuant to NRS 397.063 or 397.064, as appropriate. Seventy-five percent of the support fee is a stipend that the [student] recipient is not required to repay, except as otherwise provided in NRS 397.0653.

      Sec. 7. NRS 397.0617 is hereby amended to read as follows:

      397.0617  1.  The provisions of this section apply only to support fees received by a [student] participant on or after July 1, 1997.

      2.  The three Nevada State Commissioners, acting jointly, may require a [student] participant who is certified [to study] to practice in a profession which could benefit a health professional shortage area, a medically underserved area or a medically underserved population of this State, as [that term is] those terms are defined by the [Officer of Rural Health] Office of Statewide Initiatives of the University of Nevada School of Medicine, to practice in such an area or with such a population, or to practice in an area designated by the Secretary of Health and Human Services:

      (a) Pursuant to 42 U.S.C. § 254c, as containing a medically underserved population; or

      (b) Pursuant to 42 U.S.C. § 254e, as a health professional shortage area,

Ê as a condition to receiving a support fee.

      3.  [If a person] The three Nevada State Commissioners, acting jointly, may forgive the portion of the support fee designated as the stipend of a participant if that participant agrees to practice in a health professional shortage area, a medically underserved area or an area with a medically underserved population of this State pursuant to subsection 2 for [at least 2 years, the three Nevada State Commissioners, acting jointly, may forgive the portion of the support fee designated as the loan of the person.] a period of time equal to the lesser of:

 


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      (a) One year for each year the participant receives a support fee; or

      (b) One year for each 9 months the participant receives a support fee and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,

Ê but in no case for a period of time more than 2 years.

      4.  For a participant to qualify for forgiveness pursuant to subsection 3, the participant must complete the relevant practice within 5 years after the completion or termination of the participant’s education, internship or residency for which the participant received the support fee.

      5.  If a [person] participant returns to or remains in this State but does not practice in a health professional shortage area, a medically underserved area or an area with a medically underserved population of this State pursuant to [subsection 2 for at least 2 years,] subsections 2, 3 and 4, the three Nevada State Commissioners, acting jointly, shall [assess] :

      (a) Assess a default charge in an amount not less than three times [the portion of] the support [fee designated as the loan of the person,] fees, plus interest [.] ; and

      (b) Convert the portion of the support fee designated as the stipend into a loan to be repaid in accordance with NRS 397.064 from the first day of the term for which the participant received the support fee.

      [5.] 6.  As used in this section, a “profession which could benefit a health professional shortage area, a medically underserved area or an area with a medically underserved population of this State” includes, without limitation, dentistry, physical therapy, pharmacy and practicing as a physician assistant licensed pursuant to chapter 630 or 633 of NRS.

      Sec. 8. NRS 397.062 is hereby amended to read as follows:

      397.062  1.  There is hereby created an account in the State General Fund entitled the Western Interstate Commission for Higher Education’s Account for [Miscellaneous] Administrative Expenses. Any money received by the three Nevada State Commissioners as the proceeds of any penalty or appropriated or authorized from the State General Fund for the purposes of [this section] carrying out the provisions of this chapter must be deposited in this Account.

      2.  The three Nevada State Commissioners, acting jointly, shall administer the Account and the money in the Account must be used to:

      (a) Pay miscellaneous expenses incurred in administering the Western Interstate Commission for Higher Education’s Loan and Stipend Fund ; [for Student Loans;] and

      (b) Pay expenses incurred in collecting money due the State from a [student] loan or a stipend granted from the Western Interstate Commission for Higher Education’s Loan and Stipend Fund . [for Student Loans.]

      3.  The money in the Account may be used by the three Nevada State Commissioners, acting jointly, to:

      (a) Pay dues to the Western Interstate Commission for Higher Education; and

      (b) Pay administrative expenses of the Nevada Office of the Western Interstate Commission for Higher Education.

      Sec. 9. NRS 397.063 is hereby amended to read as follows:

      397.063  1.  All contributions from [students] participants must be accounted for in the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans] which is hereby created as an enterprise fund.

 


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      2.  The three Nevada State Commissioners, acting jointly, shall administer the Fund, and the money in the Fund must be used solely to provide:

      (a) Loans to; and

      (b) Contractual arrangements for educational services and facilities for,

Ê residents of Nevada who are certified to attend graduate or professional schools in accordance with the provisions of [the Western Regional Higher Education Compact.] this chapter.

      3.  Loans from the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans,] before July 1, 1985, and loans made to students classified as continuing students before July 1, 1985, must be made upon the following terms:

      (a) All [student] loans must bear interest at 5 percent per annum from the date when the [student] participant receives the loan.

      (b) Each [student] participant receiving a loan must repay the loan with interest following the termination of the [student’s] participant’s education or completion of the [student’s] participant’s internship in accordance with the following schedule:

             (1) Within 5 years for loans which total less than $10,000.

             (2) Within 8 years for loans which total $10,000 or more but less than $20,000.

             (3) Within 10 years for loans which total $20,000 or more.

      (c) No [student] participant’s loan may exceed 50 percent of the student fees for any academic year.

      Sec. 10. NRS 397.064 is hereby amended to read as follows:

      397.064  Loans [,] from the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans,] to [students] participants who enter the program on or after July 1, 1985, must be made upon the following terms:

      1.  All loans must bear a competitive interest rate, which must be established by the three Nevada State Commissioners, acting jointly, from the first day of the [academic] term for which the [student] participant received the loan. The three Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the authority to establish the interest rate pursuant to this section.

      2.  Except as otherwise provided in NRS 397.0617, each [student] participant receiving a loan must repay the loan with interest following the termination of the [student’s] participant’s education or completion of the [student’s] participant’s internship for which the loan is made.

      3.  The loan must be repaid in monthly installments over the period allowed, as set forth in subsection 4, with the first installment due 1 year after the date of the termination of the [student’s] participant’s education or the completion of the [student’s] participant’s internship for which the loan is made. The amounts of the installments may not be less than $50 and may be calculated to allow a smaller payment at the beginning of the repayment period, with each succeeding payment gradually increasing so that the total amount due will have been paid within the period allowed for repayment.

      4.  The three Nevada State Commissioners, acting jointly, shall, or shall delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the power to, schedule the repayment within the following periods:

 


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ê2015 Statutes of Nevada, Page 1510 (Chapter 298, SB 76)ê

 

      (a) Five years for loans which total less than $10,000.

      (b) Eight years for loans which total $10,000 or more but less than $20,000.

      (c) Ten years for loans which total $20,000 or more.

      5.  A [student] participant’s loan may not exceed 50 percent of the student fees for any academic year.

      6.  A delinquency charge may be assessed on any installment delinquent 10 days or more in an amount that must be established by the three Nevada State Commissioners, acting jointly. The Nevada State Commissioners, acting jointly, may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the authority to establish an appropriate delinquency charge pursuant to this subsection.

      7.  The reasonable costs of collection and [an] attorney’s [fee] fees may be recovered in the event of delinquency.

      Sec. 11. NRS 397.0645 is hereby amended to read as follows:

      397.0645  1.  A [student] participant who receives from the Western Interstate Commission for Higher Education a stipend governed by the provisions of NRS 397.065 or 397.0653 must repay all state contributions for the stipend unless the [student] participant practices, in Nevada, the profession in which [he or she] the participant was certified : [to study:]

      (a) For 3 years, if the [student] participant entered the program before July 1, 1985;

      (b) For 1 year for each [academic] year the [student] participant receives a stipend, if [he or she] the participant enters the program after June 30, 1985; or

      (c) For 1 year for each 9 months the [student] participant receives a stipend, if [he or she] the participant enters the program after June 30, 1985, and is enrolled in an accelerated program that provides more than 1 academic year of graduate and professional education in 9 months,

Ê within 5 years after the completion or termination of the [student’s] participant’s education, internship or residency for which [he or she] the participant receives the stipend.

      2.  The three Nevada State Commissioners, acting jointly, may adopt regulations which:

      (a) Reduce the period of required practice for a [person] participant who practices his or her profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state as described in NRS 397.0617, or as an employee of this state [.] in accordance with NRS 397.0685.

      (b) Extend the time for completing the required practice beyond 5 years for a [person] participant who is granted an extension because of hardship.

      3.  If the period for the required practice is only partially completed, the [Commission] three Nevada State Commissioners, acting jointly, may give credit towards repayment of the stipend for the time the [person] participant practiced his or her profession as required.

      Sec. 12. NRS 397.065 is hereby amended to read as follows:

      397.065  1.  The provisions of this section apply only to stipends received by a [student] participant before July 1, 1995.

      2.  Each [student] participant entering the Western Regional [Higher] Education Compact program after April 23, 1977, must repay all state contributions for stipends which the [student] participant receives from the Western Interstate Commission for Higher Education unless the [student] participant practices, in Nevada, for the period determined pursuant to NRS 397.0645, the profession in which [he or she] the participant was certified .

 


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participant practices, in Nevada, for the period determined pursuant to NRS 397.0645, the profession in which [he or she] the participant was certified . [to study.]

      3.  Stipends granted before July 1, 1985, and stipends granted to [students] participants classified as continuing students before July 1, 1985, must be repaid within the same period established for the repayment of loans in NRS 397.063. Stipends granted before July 1, 1985, and stipends granted to [students] participants classified as continuing students before July 1, 1985, do not bear interest.

      4.  Stipends granted to [students] participants entering the program on or after July 1, 1985, must be repaid in the same manner, within the same period and at the same rate of interest established for the repayment of loans in NRS 397.064.

      Sec. 13. NRS 397.0653 is hereby amended to read as follows:

      397.0653  1.  The provisions of this section apply only to stipends received by a [student] participant on or after July 1, 1995.

      2.  Each [student] participant must repay all stipends which the [student] participant receives from the Western Interstate Commission for Higher Education unless the [student:] participant:

      (a) Practices, in Nevada, for the period determined pursuant to NRS 397.0645, the profession in which he or she was certified . [to study.]

      (b) Reports [his or her] the participant’s practice status annually on forms provided by the Commission.

      (c) Except as otherwise approved by the Commission, commences [his or her] the participant’s practice obligation within 1 year after completion or termination of the education, internship or residency for which the [student] participant received the stipend.

      (d) Maintains [his or her] the participant’s permanent residence in the State of Nevada throughout the period of [his or her] the participant’s practice obligation. For the purposes of this section, a [person] participant who leaves the State for a limited period of time without forming the intent of changing [his or her] the participant’s permanent residence is not considered to have moved [his or her] the participant’s residence.

      (e) Graduates with a degree in the area of study for which the [student] participant received the stipend.

      (f) Completes [his or her] the participant’s practice obligation within the period specified in NRS 397.0645.

      3.  A stipend that must be repaid in accordance with this section must be repaid under the following terms:

      (a) All stipends must bear interest at 8 percent per annum from the first day of the academic term for which the [student] participant received the support fee.

      (b) The balance due must be repaid in monthly installments within the following periods:

             (1) Five years for stipends which total, including interest, less than $10,000.

             (2) Eight years for stipends which total, including interest, $10,000 or more but less than $20,000.

             (3) Ten years for stipends which total, including interest, $20,000 or more.

 


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      Sec. 14. NRS 397.066 is hereby amended to read as follows:

      397.066  The three Nevada State Commissioners, acting jointly, may require:

      1.  A [student] recipient to acquire, as security for a stipend or [student] loan, insurance on the [student’s] recipient’s life and on the [student’s] recipient’s health or against [his or her] the recipient’s disability, or both.

      2.  That a financially responsible person agree to be jointly liable with the recipient for the repayment of the [loan or] stipend [.] or loan.

      Sec. 15. NRS 397.067 is hereby amended to read as follows:

      397.067  The three Nevada State Commissioners, acting jointly, may, or may delegate to the Director of the Nevada Office of the Western Interstate Commission for Higher Education the power to, require, upon notice to a recipient of a loan, that the recipient repay the balance and any unpaid interest on the loan at once if:

      1.  An installment is not paid within 30 days after it is due;

      2.  The recipient fails to notify the three Nevada State Commissioners, within 30 days, of:

      (a) A change of name or of the address of the recipient’s home or place of practice; or

      (b) The termination of the recipient’s education or practice or completion of [his or her] the recipient’s internship for which [he or she] the recipient receives the loan; or

      3.  The recipient fails to comply with any other requirement or perform any other obligation the recipient is required to perform pursuant to any agreement under the program.

      Sec. 16. NRS 397.068 is hereby amended to read as follows:

      397.068  A recipient of a loan or a stipend under the program of the Western Interstate Compact for Higher Education shall comply with the regulations adopted by the Commission or the three Nevada State Commissioners. If the recipient fails so to comply, the three Nevada State Commissioners, acting jointly, may:

      1.  For each infraction, impose a fine of not more than $200 against any recipient in any academic [year,] or practicing year, and may deny additional money to any [student] participant who fails to pay the fine when due;

      2.  Increase the portion of any future loan to be repaid by the recipient;

      3.  Extend the time a recipient is required to practice [his or her] the recipient’s profession to repay [his or her] the recipient’s stipend; and

      4.  Expel the recipient from the program.

      Sec. 17. NRS 397.0685 is hereby amended to read as follows:

      397.0685  1.  The three Nevada State Commissioners, acting jointly, may, after receiving a written application stating the reasons therefor, reduce the period of required practice for the repayment of a stipend under NRS 397.0645 if the applicant:

      (a) Has had at least 1 continuous year of practice of [his or her] the applicant’s profession in this state, and practices [his or her] the applicant’s profession in a rural area, a health professional shortage area, a medically underserved area or an area with a medically underserved population of this state. The applicant’s practice in the [rural] area must be equal to at least half of the total time spent by the applicant in [his or her] the applicant’s professional practice, and not less than 20 hours per week.

 


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      (b) Practices [his or her] the applicant’s profession as a full-time employee of the State of Nevada and has been employed by the State for at least 1 continuous year immediately before [his or her] the applicant’s application.

      2.  Any claim as to practice must be verified.

      Sec. 18. NRS 397.0695 is hereby amended to read as follows:

      397.0695  A [person] participant obligated to repay a [student] loan may, as determined by the three Nevada State Commissioners, acting jointly, receive credit towards payment of the loan for professional services provided without compensation to the State or any of its political subdivisions.

      Sec. 19. NRS 353.357 is hereby amended to read as follows:

      353.357  1.  If the three Nevada State Commissioners on the Western Interstate Commission for Higher Education, acting jointly, determine that current claims against the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans] created pursuant to NRS 397.063 exceed the amount of money available in the Fund to pay the claims because of a delay in the receipt of revenue due the Fund, the three Nevada State Commissioners may request from the Director of the Department of Administration a temporary advance from the State General Fund to the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans] for the payment of authorized expenses.

      2.  If the Director of the Department of Administration approves a request made pursuant to subsection 1, the Director shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of that approval. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Department of Administration.

      3.  An advance from the State General Fund is limited to 50 percent of the revenue expected to be received by the Western Interstate Commission for Higher Education’s Loan and Stipend Fund [for Student Loans] in the current fiscal year from any source other than legislative appropriation.

      4.  Any money that is temporarily advanced from the State General Fund pursuant to subsection 2 must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.

      Sec. 20.  The amendatory provisions of sections 8, 9, 10 and 19 of this act amend, respectively, NRS 397.062, 397.063, 397.064 and 353.357 and, in part, change the name of the Western Interstate Commission for Higher Education’s Fund for Student Loans to the Western Interstate Commission for Higher Education’s Loan and Stipend Fund. Such change to the name of the Fund does not alter any duty or obligation under those sections, or with regard to the Fund, that is in existence on or before July 1, 2015.

      Sec. 21.  This act becomes effective on July 1, 2015.

________

 


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CHAPTER 299, SB 110

Senate Bill No. 110–Senator Goicoechea

 

CHAPTER 299

 

[Approved: May 30, 2015]

 

AN ACT relating to vehicles; authorizing a person to apply for title to an abandoned recreational vehicle in certain circumstances; providing that a person who owns private property on which a recreational vehicle has been abandoned has a lien on the recreational vehicle; requiring a municipal solid waste landfill to accept a recreational vehicle for disposal under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that certain persons who store, maintain, keep, repair or furnish facilities or services for certain vehicles have a lien on such a vehicle. After providing notice to the owner of a vehicle on which such a lien is held, the vehicle may be sold to satisfy the lien. Any proceeds from such a sale in excess of those necessary to satisfy the lien must be returned to the owner of the vehicle. (NRS 108.270-108.367) Section 1.4 of this bill provides that a person who owns private property on which a recreational vehicle is abandoned has a lien on the recreational vehicle. Sections 1 and 1.2 of this bill set forth a procedure by which a person may obtain title to a recreational vehicle abandoned on private property after attempting to provide notice to the owner.

      Existing law sets forth the procedure for disposal of an abandoned vehicle. (NRS 487.205-487.300) Section 2 of this bill requires a municipal solid waste landfill to accept a recreational vehicle for disposal if: (1) the person disposing of the recreational vehicle pays any applicable fee and provides the title to the recreational vehicle which indicates that he or she is the owner of the vehicle; and (2) accepting the recreational vehicle for disposal does not violate any applicable federal or state law concerning the operation of the municipal solid waste landfill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person who holds a lien on an abandoned recreational vehicle pursuant to NRS 108.270 may apply to the Department for title to the abandoned recreational vehicle upon the expiration of:

      (a) Thirty days after the date on which the owner of the property where the abandoned recreational vehicle is located mails the registered or certified letter pursuant to paragraph (a) of subsection 1 of section 1.2 of this act, if such a letter is required; or

      (b) Thirty days after the date of publication of the notice required by paragraph (b) of subsection 1 of section 1.2 of this act,

Ê whichever is later.

      2.  An application for title to an abandoned recreational vehicle must contain:

 


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      (a) A completed application form prescribed by the Department;

      (b) Proof that the letter required by paragraph (a) of subsection 1 of section 1.2 of this act was mailed at least 30 days before the submission of the application or, if no letter was sent, a detailed explanation of the steps taken to identify an owner of the abandoned recreational vehicle;

      (c) Proof that notice was printed in a newspaper as required by paragraph (b) of subsection 1 of section 1.2 of this act at least 30 days before the submission of the application;

      (d) A clear and accurate photograph of the abandoned recreational vehicle; and

      (e) The serial number, vehicle identification number, registration number or any other identifying information relating to the abandoned recreational vehicle.

      3.  The Department may charge and collect a fee for issuing a certificate of title pursuant to this section, which must be the fee established by law for the Department to issue the certificate of title.

      4.  Upon receipt of the materials and information required in subsection 2 and any fees required pursuant to subsection 3, the Department shall enter the application upon the records of its office and issue the certificate of title for the abandoned recreational vehicle.

      5.  A person to whom a certificate of title is issued pursuant to this section is not required to provide consideration for the recreational vehicle to the owner of the recreational vehicle.

      6.  The Department may adopt any regulations necessary to carry out the provisions of this section.

      Sec. 1.2. Chapter 108 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An owner of private property where an abandoned recreational vehicle is located who claims a lien on the abandoned recreational vehicle shall:

      (a) If the abandoned recreational vehicle has a serial number, vehicle identification number, registration number or other means of identifying any owner of the abandoned recreational vehicle, obtain the last known address of the owner and provide the owner with notice of the lien by registered or certified letter to the last known address of the owner. The owner of the property where the abandoned recreational vehicle is located is not required to send a registered or certified letter if an owner cannot be located or if an address for an owner cannot be ascertained.

      (b) Place a notice of the lien in a newspaper of general circulation published in the county in which the abandoned recreational vehicle is located.

      2.  The notice of the lien must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

      (b) A description of the abandoned recreational vehicle and the location where the abandoned recreational vehicle was discovered and providing the serial number, vehicle identification number, registration number or any other identifying information relating to the abandoned recreational vehicle.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a date mentioned.

 


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      (d) A statement that, if ownership is not claimed and the abandoned recreational vehicle is not removed within 30 days after the publication date of the newspaper, the owner of the property where the abandoned recreational vehicle is located will advertise the recreational vehicle for sale and sell the recreational vehicle by auction at a specified time and place or apply for title to the recreational vehicle as prescribed in section 1 of this act.

      3.  The owner of the private property where the abandoned recreational vehicle is located shall determine a day for the purposes of the demand in paragraph (c) of subsection 2. The day mentioned must be:

      (a) Not less than 30 days after delivery of the letter pursuant to paragraph (a) of subsection 1, if any; and

      (b) Not less than 30 days after publication of the notice pursuant to paragraph (b) of subsection 1.

      4.  As used in this section, “private property” has the meaning ascribed to it in NRS 108.270.

      Sec. 1.3. NRS 108.270 is hereby amended to read as follows:

      108.270  Subject to the provisions of NRS 108.315:

      1.  A person engaged in the business of:

      (a) Buying or selling automobiles;

      (b) Keeping a garage or place for the storage, maintenance, keeping or repair of motor vehicles, motorcycles, motor equipment, trailers, mobile homes or manufactured homes, including the operator of a salvage pool; or

      (c) Keeping a mobile home park, mobile home lot or other land for rental of spaces for trailers, mobile homes or manufactured homes,

Ê and who in connection therewith stores, maintains, keeps or repairs any motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home, or furnishes accessories, facilities, services or supplies therefor, at the request or with the consent of the owner or the owner’s representatives, or at the direction of any peace officer or other authorized person who orders the towing or storage of any vehicle through any action permitted by law, has a lien upon the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or any part or parts thereof for the sum due for the towing, storing, maintaining, keeping or repairing of the motor vehicle, motorcycle, motor equipment, trailer, mobile home or manufactured home or for labor furnished thereon, or for furnishing accessories, facilities, services or supplies therefor, and for all costs incurred in enforcing such a lien.

      2.  Subject to the provisions of NRS 108.315, a person engaged in the business of keeping a recreational vehicle park who, at the request or with the consent of the owner of a recreational vehicle or the owner’s representative, furnishes facilities or services in the recreational vehicle park for the recreational vehicle, has a lien upon the recreational vehicle for the amount of rent due for furnishing those facilities and services, and for all costs incurred in enforcing such a lien.

      3.  A person who at the request of the legal owner performed labor on, furnished materials or supplies or provided storage for any aircraft, aircraft equipment or aircraft parts is entitled to a lien for such services, materials or supplies and for the costs incurred in enforcing the lien.

      4.  A person who owns private property on which a recreational vehicle is abandoned has a lien upon the recreational vehicle for the amount of rent due for the use of the private property to store the recreational vehicle and for the costs incurred in enforcing the lien.

 


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amount of rent due for the use of the private property to store the recreational vehicle and for the costs incurred in enforcing the lien.

      5.  Any person who is entitled to a lien as provided in subsections 1 [, 2 and 3] to 4, inclusive, may, without process of law, detain the motor vehicle, motorcycle, motor equipment, trailer, recreational vehicle, mobile home, manufactured home, aircraft, aircraft equipment or aircraft parts at any time it is lawfully in the person’s possession until the sum due is paid.

      6.  As used in this section, “private property” means any property not owned by a governmental entity or devoted to public use.

      Sec. 1.4. NRS 108.272 is hereby amended to read as follows:

      108.272  1.  Except as otherwise provided in subsection 2 [,] and section 1.2 of this act, the notice of a lien must be given by delivery in person or by registered or certified letter addressed to the last known place of business or abode of:

      (a) The legal owner and registered owner of the property.

      (b) Each person who holds a security interest in the property.

      (c) If the lien is on a mobile home or manufactured home, each person who is listed in the records of the Manufactured Housing Division of the Department of Business and Industry as holding an ownership or other interest in the home.

Ê If no address is known, the notice must be addressed to that person at the place where the lien claimant has his or her place of business.

      2.  Any person who claims a lien on aircraft, aircraft equipment or parts shall:

      (a) Within 120 days after the person furnishes supplies or services; or

      (b) Within 7 days after the person receives an order to release the property,

Ê whichever time is less, serve the legal owner by mailing a copy of the notice of the lien to the owner’s last known address, or if no address is known, by leaving a copy with the clerk of the court in the county where the notice is filed.

      3.  [The] Except as otherwise provided in section 1.2 of this act, the notice must contain:

      (a) An itemized statement of the claim, showing the sum due at the time of the notice and the date when it became due.

      (b) A brief description of the motor vehicle, airplane, motorcycle, motor or airplane equipment, trailer, recreational vehicle, mobile home or manufactured home against which the lien exists.

      (c) A demand that the amount of the claim as stated in the notice, and of any further claim as may accrue, must be paid on or before a day mentioned.

      (d) A statement that unless the claim is paid within the time specified the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, trailer, recreational vehicle, mobile home or manufactured home will be advertised for sale, and sold by auction at a specified time and place.

      4.  The lienholder shall determine a day for the purposes of the demand in paragraph (c) of subsection 3. The day mentioned must be:

      (a) Not less than 10 days after the delivery of the notice if it is personally delivered; or

      (b) Not less than 10 days after the time when the notice should reach its destination, according to the due course of post, if the notice is sent by mail.

 


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      Sec. 1.5. NRS 108.290 is hereby amended to read as follows:

      108.290  1.  If property that is the subject of a lien which is acquired as provided in NRS 108.270 to 108.367, inclusive, and section 1.2 of this act is the subject of a secured transaction in accordance with the laws of this State, the lien:

      (a) In the case of a lien acquired pursuant to NRS 108.315, is a first lien.

      (b) In the case of a lien on a motor vehicle for charges for towing, storing and any related administrative fees:

             (1) For the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $1,000, is a first lien.

                   (II) If the amount of the lien exceeds $1,000, is a second lien.

             (2) After the first 30 days of the lien:

                   (I) If the amount of the lien does not exceed $2,500, is a first lien.

                   (II) If the amount of the lien exceeds $2,500, is a second lien.

      (c) In all other cases, if the amount of the lien:

             (1) Does not exceed $1,000, is a first lien.

             (2) Exceeds $1,000, is a second lien.

      2.  The lien of a landlord may not exceed $2,500 or the total amount due and unpaid for rentals and utilities, whichever is less.

      Sec. 1.6. NRS 108.310 is hereby amended to read as follows:

      108.310  Subject to the provisions of NRS 108.315, and section 1.2 of this act, the lien created in NRS 108.270 to 108.367, inclusive, may be satisfied as follows:

      1.  The lien claimant shall give written notice to the person on whose account the storing, maintaining, keeping, repairing, labor, fuel, supplies, facilities, services or accessories were made, done or given, and to any other person known to have or to claim an interest in the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home, upon which the lien is asserted, and to the:

      (a) Manufactured Housing Division of the Department of Business and Industry with regard to mobile homes, manufactured homes and commercial coaches as defined in chapter 489 of NRS; or

      (b) Department of Motor Vehicles with regard to all other items included in this section.

      2.  In accordance with the terms of a notice so given, a sale by auction may be held to satisfy any valid claim which has become a lien on the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home. The sale must be held in the place where the lien was acquired or, if that place is manifestly unsuitable for the purpose, at the nearest suitable place.

      3.  After the time for the payment of the claim specified in the notice has elapsed, an advertisement of the sale, describing the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to be sold, and stating the name of the owner or person on whose account it is held, and the time and place of the sale, must be published once a week for 3 consecutive weeks in a newspaper published in the place where the sale is to be held, but if no newspaper is published in that place, then in a newspaper published in this State that has a general circulation in that place. The sale must not be held less than 22 days after the time of the first publication.

 


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      4.  From the proceeds of the sale the lien claimant who furnished the services, labor, fuel, accessories, facilities or supplies shall satisfy the lien, including the reasonable charges of notice, advertisement and sale. The balance, if any, of the proceeds must be delivered, on demand, to the person to whom the lien claimant would have been bound to deliver, or justified in delivering, the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home.

      Sec. 1.7. NRS 108.320 is hereby amended to read as follows:

      108.320  At any time before the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home is so sold [,] or before a certificate of title to an abandoned recreational vehicle is issued pursuant to section 1 of this act, any person claiming a right of property or possession therein may pay the lien claimant the amount necessary to satisfy the lien claimant’s lien and to pay the reasonable expenses and liabilities incurred in serving notices and advertising and preparing for the sale up to the time of such payment. The lien claimant shall deliver the motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home to the person making the payment if the person is entitled to the possession of the property on payment of the charges thereon.

      Sec. 1.8. NRS 108.330 is hereby amended to read as follows:

      108.330  The remedy for enforcing the lien provided in NRS 108.270 to 108.367, inclusive, and section 1.2 of this act does not preclude any other remedies allowed by law for the enforcement of a lien against personal property nor bar the right to recover so much of the lienholder’s claim as is not paid by the proceeds of the sale of the property.

      Sec. 1.9. NRS 108.350 is hereby amended to read as follows:

      108.350  Nothing contained in NRS 108.270 to 108.367, inclusive, and section 1.2 of this act precludes:

      1.  The owner of any motor vehicle, aircraft, motorcycle, motor or aircraft equipment, aircraft parts, trailer, recreational vehicle, mobile home or manufactured home; or

      2.  Any other person having an interest or equity in the property,

Ê from contesting the validity of the lien. All legal rights and remedies otherwise available to the person are reserved to and retained, except that, after a sale has been made to an innocent third party, the lien claimant is solely responsible for loss or damage occasioned the owner, or any other person having an interest or equity in the property, by reason of the invalidity of the lien, or by reason of failure of the lien claimant to proceed in the manner provided in those sections.

      Sec. 2. Chapter 444 of NRS is hereby amended by adding thereto a new section to read as follows:

      A municipal solid waste landfill shall accept a recreational vehicle for disposal if:

      1.  The person disposing of the recreational vehicle pays any applicable fee and provides the title to the recreational vehicle, indicating that he or she is the owner.

      2.  Accepting the recreational vehicle for disposal does not violate any applicable federal or state law or regulation relating to the operation of the municipal solid waste landfill.

 


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      Sec. 3. NRS 444.450 is hereby amended to read as follows:

      444.450  As used in NRS 444.440 to 444.620, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 444.460 to 444.501, inclusive, have the meanings ascribed to them in those sections.

      Sec. 4. NRS 444.580 is hereby amended to read as follows:

      444.580  Except as otherwise provided in section 2 of this act:

      1.  Any district board of health created pursuant to NRS 439.362 or 439.370 and any governing body of a municipality may adopt standards and regulations for the location, design, construction, operation and maintenance of solid waste disposal sites and solid waste management systems or any part thereof more restrictive than those adopted by the State Environmental Commission, and any district board of health may issue permits thereunder.

      2.  Any district board of health created pursuant to NRS 439.362 or 439.370 may adopt such other regulations as are necessary to carry out the provisions of NRS 444.440 to 444.620, inclusive [.] , and section 2 of this act. Such regulations must not conflict with regulations adopted by the State Environmental Commission.

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

________

CHAPTER 300, SB 134

Senate Bill No. 134–Senator Roberson

 

CHAPTER 300

 

[Approved: May 30, 2015]

 

AN ACT relating to civil litigation; limiting the amount of a bond to secure a stay of execution of certain judgments pending appeal; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 2 of this bill generally requires that the amount of a bond that an appellant is required to pay to secure a stay of execution of certain judgments pending appeal must not exceed the lesser of: (1) $50,000,000; or (2) the amount of the judgment. Under section 2, if the appellant is a small business concern as defined by the federal Small Business Act, the amount of such a bond must not exceed the lesser of: (1) $1,000,000; or (2) the amount of the judgment. Sections 3 and 4 of this bill provide that the provisions of this bill become effective upon passage and approval and apply to all actions pending or filed on or after such effective 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 17.370 is hereby amended to read as follows:

      17.370  1.  If the judgment debtor shows the court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

 


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execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

      2.  If the judgment debtor shows the court any ground upon which enforcement of a judgment of any court of this state would be stayed, including, without limitation, a showing that an appeal is pending or will be taken, that a stay has been granted, requested or will be requested, or that the time for taking an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state, including, without limitation, security determined pursuant to NRS 20.035, or section 2 of this act, if applicable.

      Sec. 2. Chapter 20 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Notwithstanding any other provision of law or court rule, and except as otherwise provided in this section and NRS 20.035, if an appeal is taken of a judgment in a civil action in which an appellant is required to give a bond in order to secure a stay of execution of the judgment during the pendency of any or all such appeals, the total cumulative sum of all the bonds required from all the appellants involved in the civil action must not exceed the lesser of $50,000,000 or the amount of the judgment.

      2.  If an appellant is a small business concern, the amount of the appellant’s bond required pursuant to subsection 1 must not exceed the lesser of $1,000,000 or the amount of the judgment.

      3.  If the plaintiff proves by a preponderance of evidence that an appellant who posted a bond pursuant to subsection 1 or 2 is purposefully dissipating or diverting assets outside of the ordinary course of its business to evade the ultimate payment of the judgment, the court may, if the court determines that such an order is necessary to prevent such dissipation or diversion, require the appellant to post a bond in an amount that does not exceed the full amount of the judgment.

      4.  The provisions of this section do not limit the discretion of a court, for good cause shown, to set the bond on appeal in an amount less than the amount otherwise required by law.

      5.  For the purposes of this section, “small business concern” has the meaning ascribed to it in the Small Business Act, 15 U.S.C. §§ 631 et seq., and any regulations adopted pursuant thereto.

      Sec. 3.  This act applies to all actions pending or filed on or after the effective date of this act.

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

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ê2015 Statutes of Nevada, Page 1522ê

 

CHAPTER 301, SB 148

Senate Bill No. 148–Committee on Health and Human Services

 

CHAPTER 301

 

[Approved: May 30, 2015]

 

AN ACT relating to child welfare; revising requirements concerning service of a summons to a hearing on a petition that a child is in need of protection; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a court to hold an adjudicatory hearing within 30 days of the filing of a petition that a child who was removed from his or her home is in need of protection. (NRS 432B.530) As a result of such a hearing, the court may return the child to the custody of his or her parent or guardian or place the child in the temporary custody of a relative, a fictive kin, another suitable person or certain public or private agencies or institutions. (NRS 432B.550) Before such a hearing, the court is required to issue a summons to the person who has custody or control of the child. If this person is not the parent or guardian of the child, the summons must also be issued to the parent or guardian of the child. If the person summoned resides in this State, the summons must be served personally. If the person cannot be found in this State or does not reside in this State, the summons must be served by registered or certified mail. If the child is a newborn and was delivered to a provider of emergency services and the location of the parent is unknown, the summons must be served by publication. (NRS 432B.520) Except when a newborn child is delivered to a provider of emergency services and the location of the parent is unknown, this bill requires the summons to be served personally or by registered or certified mail, regardless of whether the person resides within or outside of this State.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 432B.520 is hereby amended to read as follows:

      432B.520  1.  After a petition has been filed, the court shall direct the clerk to issue a summons requiring the person who has custody or control of the child to appear personally and bring the child before the court at a time and place stated in the summons. If the person so summoned is other than a parent or guardian of the child, then the parent or guardian, or both, must also be notified by a similar summons of the pendency of the hearing and of the time and place appointed.

      2.  Summons may be issued requiring the appearance of any other person whose presence, in the opinion of the court, is necessary.

      3.  Each summons must include notice of the right of parties to counsel at the adjudicatory hearing. A copy of the petition must be attached to each summons.

      4.  [If the:] Except as provided in subsection 5, the summons must be served by:

      (a) [Person summoned resides in this state, the summons must be served personally;] Personal service of a written notice; or

      (b) [Person summoned cannot be found within this state or does not reside in this state, the summons must be mailed by registered] Registered or certified mail to the last known address of the person . [; or

 


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      (c) Child]

      5.  If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the location of the parent is unknown, the summons must be served on the parent by publication at least once a week for 3 consecutive weeks in a newspaper published in the county and if no such newspaper is published, then a newspaper published in this state that has a general circulation in the county. The failure of the parent to appear in the action after the service of summons on the parent pursuant to this paragraph shall be deemed to constitute a waiver by the parent of any further notice of the proceedings that would otherwise be required pursuant to this chapter.

      [5.]6.  If it appears that the child is in such condition or surroundings that the welfare of the child requires that custody be immediately assumed by the court, the court may order, by endorsement upon the summons, that the person serving it shall at once deliver the child to an agency which provides child welfare services in whose custody the child must remain until the further order of the court.

      [6.]7.  If the summons cannot be served or the person who has custody or control of the child fails to obey it, or:

      (a) In the judge’s opinion, the service will be ineffectual or the welfare of the child requires that the child be brought forthwith into the custody of the court; or

      (b) A person responsible for the child’s welfare has absconded with the child or concealed the child from a representative of an agency which provides child welfare services,

Ê the court may issue a writ for the attachment of the child’s person, commanding a law enforcement officer or a representative of an agency which provides child welfare services to place the child in protective custody.

      Sec. 2. NRS 432B.580 is hereby amended to read as follows:

      432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

      2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

      (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.

      (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

             (1) Whether the child was placed together with the siblings;

             (2) Any efforts made by the agency to have the child placed together with the siblings;

             (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

             (4) If the child is not placed together with the siblings:

                   (I) The reasons why the child is not placed together with the siblings; and

 


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                   (II) A plan for the child to visit the siblings, which must be approved by the court.

      (c) A copy of an academic plan developed for the child pursuant to NRS 388.155, 388.165 or 388.205.

      (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

      3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

      4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

      5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

      6.  Except as otherwise provided in this subsection and [paragraph (c) of] subsection [4] 5 of NRS 432B.520, notice of the hearing must be given by registered or certified mail to:

      (a) All the parties to any of the prior proceedings;

      (b) Any persons planning to adopt the child;

      (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to NRS 127.171 and his or her attorney, if any; and

      (d) Any other relatives of the child or providers of foster care who are currently providing care to the child.

      7.  The notice of the hearing required to be given pursuant to subsection 6:

      (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

      (b) Must not include any confidential information described in NRS 127.140; and

      (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040.

      8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.

      9.  The court or panel shall review:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

 


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      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child; and

      (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship.

      10.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

________

CHAPTER 302, SB 160

Senate Bill No. 160–Senator Roberson

 

CHAPTER 302

 

[Approved: May 30, 2015]

 

AN ACT relating to actions concerning persons; enacting certain limitations of liability for owners, lessees or occupants of any premises for injuries to trespassers; providing immunity from certain civil actions for certain persons in connection with the display of public art; providing that a person who jumps or otherwise removes himself or herself, by parachute or by other airborne means, from a fixed structure owned by another person or who takes certain actions to assist another person in doing so is deemed a trespasser for the purposes of certain provisions relating to trespassers; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Traditionally, at common law, the duty of care that an owner or other lawful occupant of real property owed to a person entering onto the property was determined by the person’s status as an invitee, a licensee or a trespasser. Thus, an owner or occupant of real property had a duty to exercise ordinary care and prudence to render the property reasonably safe for the visit of an invitee or to warn the invitee of certain dangerous or unsafe conditions on the property. An owner or occupant of real property who failed to exercise due care was subject to civil liability for any harm to an invitee caused by that failure. (Galloway v. McDonalds Restaurants of Nevada, Inc., 102 Nev. 534, 537 (1986)) In contrast, an owner or occupant of real property had no duty to a mere trespasser except to not wantonly or willfully injure the trespasser and to exercise due care to prevent injury to the trespasser after the owner or occupant discovered the trespasser’s presence in a place of danger on the property. (Crosman v. Southern Pac. Co., 44 Nev. 286, 300 (1921)) In 1994, however, the Nevada Supreme Court abandoned the principle of basing the liability of an owner or occupant of real property on the status of the person injured on the property. The Court adopted instead the principle that the owner or occupier of real property should be held to the general duty of reasonable care whenever another person is injured on that property and that determinations of liability should primarily depend on whether the owner or occupier acted reasonably under the circumstances. (Moody v. Manny’s Auto Repair, 110 Nev. 320, 333 (1994))

      Section 2 of this bill adopts the principle for determining the duty of care owed by an owner, lessee or occupant of any premises to a trespasser as it was at common law. Section 2 also codifies in statute what is commonly known as the “attractive nuisance doctrine.” This doctrine imposes a higher standard of care on an owner, lessee or occupant toward a trespassing child who is injured by an artificial condition on the premises if: (1) the owner, lessee or occupant knows or reasonably should know that the condition is likely to attract children and involves an unreasonable risk of death or serious bodily injury; (2) the child is unlikely to appreciate the dangerousness of the condition because of his or her age; (3) the utility of maintaining the condition and eliminating the danger are slight as compared to the risk to the child; and (4) the owner, lessee or occupant fails to exercise reasonable care to eliminate the danger or to otherwise protect the trespassing child.

 


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ê2015 Statutes of Nevada, Page 1526 (Chapter 302, SB 160)ê

 

on the premises if: (1) the owner, lessee or occupant knows or reasonably should know that the condition is likely to attract children and involves an unreasonable risk of death or serious bodily injury; (2) the child is unlikely to appreciate the dangerousness of the condition because of his or her age; (3) the utility of maintaining the condition and eliminating the danger are slight as compared to the risk to the child; and (4) the owner, lessee or occupant fails to exercise reasonable care to eliminate the danger or to otherwise protect the trespassing child.

      Section 3 of this bill provides that, subject to certain conditions, a person who creates, sponsors, owns or produces public art or who owns, leases or occupies any estate or interest in any premises where such art is displayed is not liable for the death or injury of a person or for damage to property caused or sustained by a person who: (1) defaces or destroys, or attempts to deface or destroy, public art; (2) uses the public art in an unintended manner; or (3) fails to heed certain posted warnings or instructions concerning the public art. Section 3 also defines “public art” for such purposes.

      Section 3.5 of this bill: (1) provides that a person who jumps or otherwise removes himself or herself, by parachute or by other airborne means, from a fixed structure owned by another person or a person who knowingly delivers or retrieves another person who intends to commit, is committing or has committed such an act is deemed a trespasser for the purposes of section 2 of this bill; and (2) provides that a person who violates a provision of section 3.5 is guilty of a category E felony.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 41 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. 1.  Except as otherwise provided in this section, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty of care to a trespasser and is not liable to a trespasser for physical harm caused by the failure to exercise reasonable care to put the premises in a condition that is reasonably safe for the entry or use by a trespasser or to carry on activities on the premises so as not to endanger a trespasser.

      2.  An owner, lessee or occupant of premises may be subject to liability for harm to a trespasser if:

      (a) The owner, lessee or occupant willfully or wantonly causes harm to the trespasser;

      (b) The owner, lessee or occupant fails to exercise reasonable care to prevent harm to the trespasser after discovering the trespasser’s presence in a place of danger on the premises; or

      (c) The trespasser is a child who is injured by an artificial condition on the premises and:

             (1) The place where the condition exists is one on which the owner, lessee or occupant knows or has reason to know that a child is likely to trespass;

             (2) The condition is one that the owner, lessee or occupant knows or has reason to know and that the owner, lessee or occupant realizes or should realize involves an unreasonable risk of death or serious bodily harm to a trespassing child;

 


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             (3) The trespassing child, because of his or her youth, does not discover the condition or realize the risk involved in the condition or coming within the area made dangerous by it;

             (4) The utility to the owner, lessee or occupant of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to the trespassing child; and

             (5) The owner, lessee or occupant fails to exercise reasonable care to eliminate the danger or to otherwise protect the trespassing child from harm.

      3.  This section does not affect any immunity from or defenses to civil liability established by specific statute or available at common law to which an owner, lessee or occupant may be entitled.

      4.  As used in this section, “trespasser” means any person who enters or remains upon any premises owned, leased or occupied by another person without the express or implied consent of the owner, lessee or occupant of the premises.

      Sec. 3. 1.  Except as otherwise provided in this section, a person who creates, sponsors, owns or produces public art, or who owns, leases or occupies any estate or interest in any premises where such art is displayed, is not liable for the death or injury of a person or for damage to property caused or sustained by a person who:

      (a) Defaces or destroys, or attempts to deface or destroy, public art;

      (b) Uses the public art in an unintended manner; or

      (c) Fails to heed posted warnings or instructions concerning the public art if such warnings are posted to warn the public against any foreseeable conditions or any misuse of the public art that may pose an unreasonable risk of death or serious bodily injury.

      2.  This section does not eliminate a person’s duty to remedy or mitigate a condition that has actually caused two or more instances of serious bodily injury.

      3.  As used in this section, “public art”:

      (a) Except as otherwise provided in paragraph (b), means a work of art which:

             (1) Is an original painting in oil, mineral, water colors, vitreous enamel, pastel or other medium, an original mosaic, drawing or sketch, an original sculpture of stone, clay, textiles, fiber, wood, metal, plastic, glass or a similar material, an original work of mixed media or a lithograph;

             (2) Was purchased in an arm’s length transaction for $25,000 or more, or has an appraised value of $25,000 or more;

             (3) Is displayed in a building or indoor or outdoor premises generally open to the public, whether publicly or privately owned; and

             (4) Is made available to be viewed by the public without charge; and

      (b) Does not include:

             (1) Performance art;

             (2) Literary works;

             (3) Property used in the performing arts, including, without limitation, scenery or props for a stage production;

             (4) A product of filmmaking or photography, including, without limitation, motion pictures; or

             (5) Property that was created for a functional use other than, or in addition to, its aesthetic qualities, including, without limitation, a classic or custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

 


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ê2015 Statutes of Nevada, Page 1528 (Chapter 302, SB 160)ê

 

custom-built automobile or boat, a sign that advertises a business, and custom or antique furniture, lamps, chandeliers, jewelry, mirrors, doors or windows.

      Sec. 3.5. Chapter 207 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A person shall not:

      (a) Jump or otherwise remove himself or herself, by parachute or by other airborne means, from a fixed structure owned by another person or any fixture or appurtenance attached thereto; or

      (b) Knowingly and intentionally deliver or retrieve another person who intends to commit, is committing or has committed an act specified in paragraph (a).

      2.  A person who violates any provision of subsection 1:

      (a) Shall be deemed to be a trespasser for the purposes of section 2 of this act.

      (b) Is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  This section does not apply to:

      (a) An emergency involving public safety or damage to property, loss of life or injury to any person; or

      (b) An act committed pursuant to the terms and conditions of a lawfully issued permit.

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

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ê2015 Statutes of Nevada, Page 1529ê

 

CHAPTER 303, SB 172

Senate Bill No. 172–Senators Farley, Hardy and Woodhouse

 

CHAPTER 303

 

[Approved: May 30, 2015]

 

AN ACT relating to public health; prohibiting a medical facility from allowing a person who is not enrolled in good standing at an accredited medical school or school of osteopathic medicine to perform or participate in any activity for credit towards a medical degree; prohibiting a physician from allowing such a person to perform or participate in certain activities under certain circumstances; requiring a medical student to attend an accredited medical school in order to possess and administer a controlled substance or dangerous drug; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 1, 8 and 10 of this bill prohibit a medical facility or a physician from allowing a person to perform or participate in activities for credit toward a medical degree unless the person is enrolled in good standing at an accredited medical school. Sections 8 and 10 exempt a physician from this prohibition if: (1) the activity takes place in a primary care practice that is located in a designated health professional shortage area and is entirely under the supervision of the physician; and (2) the physician is not currently supervising other medical students. Sections 3-5, 9, 11 and 12 of this bill give the Division of Public and Behavioral Health of the Department of Health and Human Services, the Board of Medical Examiners, the State Board of Osteopathic Medicine and the Board of Examiners for Long-term Care Administrators the authority to enforce this prohibition with respect to their licensees.

      Under existing law, a student at an approved medical school is authorized to possess and administer a controlled substance or dangerous drug at the direction of a physician. (NRS 453.375, 454.213) Sections 6 and 7 of this bill instead allow a medical student who attends an accredited medical school to possess and administer such drugs.

 

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

      A medical facility shall not allow a person to perform or participate in any activity at the facility for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:

      1.  A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      2.  A school of osteopathic medicine, as defined in NRS 633.121.

 


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ê2015 Statutes of Nevada, Page 1530 (Chapter 303, SB 172)ê

 

      Sec. 2. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.030 to 449.2428, inclusive, and section 1 of this act do not apply to:

      1.  Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

      Sec. 3. NRS 449.0306 is hereby amended to read as follows:

      449.0306  1.  Money received from licensing medical facilities and facilities for the dependent must be forwarded to the State Treasurer for deposit in the State General Fund.

      2.  The Division shall enforce the provisions of NRS 449.030 to 449.245, inclusive, and section 1 of this act, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 4. NRS 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.030 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.030 to 449.245, inclusive, and section 1 of this act, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

      (b) Aiding, abetting or permitting the commission of any illegal act.

      (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the premises for which a license is issued.

      (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.965, inclusive, if such approval is required.

      (f) Failure to comply with the provisions of NRS 449.2486.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:

      (a) Is convicted of violating any of the provisions of NRS 202.470;

      (b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124; or

      (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.

 


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      3.  The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2. The Division shall provide to a facility for the care of adults during the day:

      (a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

      (b) A report of any investigation conducted with respect to the complaint; and

      (c) A report of any disciplinary action taken against the facility.

Ê The facility shall make the information available to the public pursuant to NRS 449.2486.

      4.  On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:

      (a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and

      (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

      Sec. 5. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility or facility for the dependent violates any provision related to its licensure, including any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

      (a) Prohibit the facility from admitting any patient until it determines that the facility has corrected the violation;

      (b) Limit the occupancy of the facility to the number of beds occupied when the violation occurred, until it determines that the facility has corrected the violation;

      (c) If the license of the facility limits the occupancy of the facility and the facility has exceeded the approved occupancy, require the facility, at its own expense, to move patients to another facility that is licensed;

      (d) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

      (e) Appoint temporary management to oversee the operation of the facility and to ensure the health and safety of the patients of the facility, until:

             (1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or

             (2) Improvements are made to correct the violation.

      2.  If a violation by a medical facility or facility for the dependent relates to the health or safety of a patient, an administrative penalty imposed pursuant to paragraph (d) of subsection 1 must be in a total amount of not less than $1,000 and not more than $10,000 for each patient who was harmed or at risk of harm as a result of the violation.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:

 


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      (a) Suspend the license of the facility until the administrative penalty is paid; and

      (b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative penalty.

      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.030 to 449.2428, inclusive, and section 1 of this act, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and section 1 of this act and 449.435 to 449.965, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      Sec. 6. NRS 453.375 is hereby amended to read as follows:

      453.375  1.  A controlled substance may be possessed and administered by the following persons:

      [1.](a) A practitioner.

      [2.](b) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      [3.](c) A paramedic:

      [(a)](1) As authorized by regulation of:

             [(1)](I) The State Board of Health in a county whose population is less than 100,000; or

             [(2)](II) A county or district board of health in a county whose population is 100,000 or more; and

      [(b)](2) In accordance with any applicable regulations of:

             [(1)](I) The State Board of Health in a county whose population is less than 100,000;

             [(2)](II) A county board of health in a county whose population is 100,000 or more; or

             [(3)](III) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      [4.](d) A respiratory therapist, at the direction of a physician or physician assistant.

      [5.](e) A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an [approved] accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician or physician assistant and:

      [(a)](1) In the presence of a physician, physician assistant or a registered nurse; or

      [(b)](2) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

 


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      [6.](f) An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      [7.](g) Any person designated by the head of a correctional institution.

      [8.](h) A veterinary technician at the direction of his or her supervising veterinarian.

      [9.](i) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      [10.](j) In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

      [11.](k) A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      2.  As used in this section, “accredited college of medicine” means:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      (b) A school of osteopathic medicine, as defined in NRS 633.121.

      Sec. 7. NRS 454.213 is hereby amended to read as follows:

      454.213  1.  A drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      [1.](a) A practitioner.

      [2.](b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      [3.](c) Except as otherwise provided in [subsection 4,] paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      [4.](d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

      [(a)](1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

      [(b)](2) Acting under the direction of the medical director of that agency or facility who works in this State.

      [5.](e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this [subsection,] paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

 


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      [6.](f) Except as otherwise provided in [subsection 7,] paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

      [(a)](1) The State Board of Health in a county whose population is less than 100,000;

      [(b)](2) A county board of health in a county whose population is 100,000 or more; or

      [(c)](3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      [7.](g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      [8.](h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      [9.](i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      [10.](j) A medical student or student nurse in the course of his or her studies at an [approved] accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

      [(a)](1) In the presence of a physician or a registered nurse; or

      [(b)](2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      [11.](k) Any person designated by the head of a correctional institution.

      [12.](l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      [13.](m) A nuclear medicine technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      [14.](n) A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      [15.](o) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      [16.](p) A physical therapist, but only if the drug or medicine is a topical drug which is:

      [(a)](1) Used for cooling and stretching external tissue during therapeutic treatments; and

      [(b)](2) Prescribed by a licensed physician for:

             [(1)](I) Iontophoresis; or

             [(2)](II) The transmission of drugs through the skin using ultrasound.

 


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      [17.](q) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      [18.](r) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      [19.](s) In accordance with applicable regulations of the Board, a registered pharmacist who:

      [(a)](1) Is trained in and certified to carry out standards and practices for immunization programs;

      [(b)](2) Is authorized to administer immunizations pursuant to written protocols from a physician; and

      [(c)](3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

      [20.](t) A registered pharmacist pursuant to written guidelines and protocols developed and approved pursuant to NRS 639.2809.

      [21.](u) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, nuclear medicine technologist, radiologic technologist, physical therapist or veterinary technician who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      [22.](v) A medical assistant, in accordance with applicable regulations of the:

      [(a)](1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      [(b)](2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      2.  As used in this section, “accredited college of medicine” has the meaning ascribed to it in NRS 453.375.

      Sec. 8. Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, a physician shall not allow a person to perform or participate in any activity under the supervision of the physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

 


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      (b) A school of osteopathic medicine, as defined in NRS 633.121.

      2.  The provisions of subsection 1 do not apply to a physician who supervises an activity performed by a person for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine if:

      (a) The activity takes place:

             (1) In a primary care practice that is located in an area that has been designated by the United States Secretary of Health and Human Services as a health professional shortage area pursuant to 42 U.S.C. § 254e; and

             (2) Entirely under the supervision of the physician; and

      (b) The physician is not currently supervising any other person who is receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine.

      3.  As used in this section, “primary care practice” means a health care practice operated by one or more physicians who practice in the area of family practice, internal medicine or pediatrics.

      Sec. 9. NRS 630.306 is hereby amended to read as follows:

      630.306  The following acts, among others, constitute grounds for initiating disciplinary action or denying licensure:

      1.  Inability to practice medicine with reasonable skill and safety because of illness, a mental or physical condition or the use of alcohol, drugs, narcotics or any other substance.

      2.  Engaging in any conduct:

      (a) Which is intended to deceive;

      (b) Which the Board has determined is a violation of the standards of practice established by regulation of the Board; or

      (c) Which is in violation of a regulation adopted by the State Board of Pharmacy.

      3.  Administering, dispensing or prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself or to others except as authorized by law.

      4.  Performing, assisting or advising the injection of any substance containing liquid silicone into the human body, except for the use of silicone oil to repair a retinal detachment.

      5.  Practicing or offering to practice beyond the scope permitted by law or performing services which the licensee knows or has reason to know that he or she is not competent to perform or which are beyond the scope of his or her training.

      6.  Performing, without first obtaining the informed consent of the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.

      7.  Continual failure to exercise the skill or diligence or use the methods ordinarily exercised under the same circumstances by physicians in good standing practicing in the same specialty or field.

      8.  Habitual intoxication from alcohol or dependency on controlled substances.

      9.  Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.

      10.  Failing to comply with the requirements of NRS 630.254.

      11.  Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

 


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another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.

      12.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      13.  Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.

      14.  Operation of a medical facility at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      15.  Failure to comply with the requirements of NRS 630.373.

      16.  Engaging in any act that is unsafe or unprofessional conduct in accordance with regulations adopted by the Board.

      17.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      18.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      19.  Failure to comply with the provisions of section 8 of this act.

      Sec. 10. Chapter 633 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, an osteopathic physician shall not allow a person to perform or participate in any activity under the supervision of the osteopathic physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine, including, without limitation, clinical observation and contact with patients, unless the person is enrolled in good standing at:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      (b) A school of osteopathic medicine.

      2.  The provisions of subsection 1 do not apply to an osteopathic physician who supervises an activity performed by a person for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine if:

 


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      (a) The activity takes place:

             (1) In a primary care practice that is located in an area that has been designated by the United States Secretary of Health and Human Services as a health professional shortage area pursuant to 42 U.S.C. § 254e; and

             (2) Entirely under the supervision of the osteopathic physician; and

      (b) The osteopathic physician is not currently supervising any other person who is receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine.

      3.  As used in this section, “primary care practice” means a health care practice operated by one or more physicians who practice in the area of family practice, internal medicine or pediatrics.

      Sec. 11. NRS 633.511 is hereby amended to read as follows:

      633.511  The grounds for initiating disciplinary action pursuant to this chapter are:

      1.  Unprofessional conduct.

      2.  Conviction of:

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

      (b) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;

      (c) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

      (d) Murder, voluntary manslaughter or mayhem;

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

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

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

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

      (i) Any offense involving moral turpitude.

      3.  The suspension of a license to practice osteopathic medicine or to practice as a physician assistant by any other jurisdiction.

      4.  Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.

      5.  Professional incompetence.

      6.  Failure to comply with the requirements of NRS 633.527.

      7.  Failure to comply with the requirements of subsection 3 of NRS 633.471.

      8.  Failure to comply with the provisions of NRS 633.694.

      9.  Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

      (a) The license of the facility is suspended or revoked; or

      (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Ê This subsection applies to an owner or other principal responsible for the operation of the facility.

      10.  Failure to comply with the provisions of subsection 2 of NRS 633.322.

      11.  Signing a blank prescription form.

 


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      12.  Knowingly procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:

      (a) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;

      (b) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328; or

      (c) Is marijuana being used for medical purposes in accordance with chapter 453A of NRS.

      13.  Attempting, directly or indirectly, by intimidation, coercion or deception, to obtain or retain a patient or to discourage the use of a second opinion.

      14.  Terminating the medical care of a patient without adequate notice or without making other arrangements for the continued care of the patient.

      15.  In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.

      16.  Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.

      17.  Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.

      18.  Engaging in any act that is unsafe in accordance with regulations adopted by the Board.

      19.  Failure to comply with the provisions of NRS 633.165.

      20.  Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.

      21.  Failure to comply with the provisions of section 10 of this act.

      Sec. 12. NRS 654.190 is hereby amended to read as follows:

      654.190  1.  The Board may, after notice and an opportunity for a hearing as required by law, impose an administrative fine of not more than $10,000 for each violation on, recover reasonable investigative fees and costs incurred from, suspend, revoke, deny the issuance or renewal of or place conditions on the license of, and place on probation or impose any combination of the foregoing on any nursing facility administrator or administrator of a residential facility for groups who:

      (a) Is convicted of a felony relating to the practice of administering a nursing facility or residential facility or of any offense involving moral turpitude.

      (b) Has obtained his or her license by the use of fraud or deceit.

      (c) Violates any of the provisions of this chapter.

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.030 to 449.2428, inclusive, and section 1 of this act, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

 


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      (e) Violates any regulation of the Board prescribing additional standards of conduct for nursing facility administrators or administrators of residential facilities for groups, including, without limitation, a code of ethics.

      (f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the nursing facility administrator or administrator of a residential facility for groups and the patient or resident for the financial or other gain of the licensee.

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.034. A licensee may waive, in writing, his or her right to attend the hearing.

      3.  The Board may compel the attendance of witnesses or the production of documents or objects by subpoena. The Board may adopt regulations that set forth a procedure pursuant to which the Chair of the Board may issue subpoenas on behalf of the Board. Any person who is subpoenaed pursuant to this subsection may request the Board to modify the terms of the subpoena or grant additional time for compliance.

      4.  An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

      5.  The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.

      Sec. 12.5.  The amendatory provisions of this act do not apply to any activity authorized pursuant to a contract entered into before July 1, 2015, between a facility licensed pursuant to chapter 449 of NRS and a medical school or medical school training institution that is listed in the International Medical Education Directory managed by the Foundation for Advancement of International Medical Education and Research.

      Sec. 13.  This act becomes effective on July 1, 2015.

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