[Rev. 10/12/2015 2:03:45 PM]

Link to Page 1640

 

…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1641 (Chapter 317, SB 188)ê

 

             (5) The number of traffic [accidents] crashes involving a vehicle that has a declared gross weight in excess of 26,000 pounds on the highway in the past 5 years;

             (6) Any projected adverse economic or environmental impact resulting from reducing the maximum weight limits on the highway; and

             (7) Any other factors the Department of Transportation deems appropriate; and

      (b) Present such considerations to the Board of Directors of the Department of Transportation to receive the Board’s approval to reduce the maximum weight limits pursuant to this section.

      Sec. 29. NRS 484D.715 is hereby amended to read as follows:

      484D.715  1.  The Department of Transportation may, upon application in writing, if good cause appears, issue a special or multiple trip-limited time permit in writing authorizing the applicant to move a manufactured or mobile home, or any other similar type of vehicle or structure, in excess of the maximum width, but not exceeding, except as otherwise provided in NRS 484D.720, 120 inches exclusive of appendages which must not extend beyond 3 inches on either side. The Department of Transportation may establish seasonal or other limitations on the time within which the home, vehicle or structure may be moved on the highways indicated, and may require an undertaking or other security as may be considered necessary to protect the highways and bridges from injury or to provide indemnity for any injury resulting from the operation. Permits for the movement of homes, vehicles or structures as provided for in this section may be issued only to licensed manufacturers, dealers, owners and transporters and may be issued only under the following conditions:

      (a) The power unit used to tow an overwidth home, vehicle or structure having a gross weight of 18,000 pounds or less must be a three-quarter-ton truck or tractor, or a truck or tractor of greater power equipped with dual wheels.

      (b) The power unit used to tow an overwidth home, vehicle or structure having a gross weight in excess of 18,000 pounds must be a one-and-one-half-ton, or larger, truck or tractor equipped with dual wheels.

      (c) The mobile home for which the permit is issued must comply with the provisions of NRS 484D.635 relating to maximum weight on axles.

      (d) The insurer must furnish evidence of insurance verifying coverage of the overwidth home, vehicle or structure in the amount of $100,000 because of bodily injury to or death of one person in any one [accident,] crash, in the amount of $300,000 because of bodily injury to or death of two or more persons in any one [accident] crash and in the amount of $50,000 because of injury to or destruction of property of others in any one [accident.] crash.

      2.  A permit which has been issued for the movement of a manufactured or mobile home, or a similar type of vehicle or structure, is not valid between sunset and sunrise. The Director of the Department of Transportation may establish additional reasonable regulations, consistent with this section, including regulations concerning the movement of such a home, vehicle or structure on a Saturday, Sunday or a legal holiday, as the Director considers necessary in the interest of public safety.

      Sec. 30. NRS 484E.010 is hereby amended to read as follows:

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

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1642 (Chapter 317, SB 188)ê

 

vehicle at the scene of the [accident] crash or as close thereto as possible, and shall forthwith return to and in every event shall remain at the scene of the [accident] crash until the driver has fulfilled the requirements of NRS 484E.030.

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

      3.  A person failing to comply with the provisions of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years and by a fine of not less than $2,000 nor more than $5,000.

      Sec. 31. NRS 484E.020 is hereby amended to read as follows:

      484E.020  The driver of any vehicle involved in [an accident] a crash resulting only in damage to a vehicle or other property which is driven or attended by any person shall:

      1.  Immediately stop his or her vehicle at the scene of the [accident;] crash; and

      2.  As soon as reasonably practicable, if the driver’s vehicle is obstructing traffic and can be moved safely, move the vehicle or cause the vehicle to be moved to a location as close thereto as possible that does not obstruct traffic and return to and remain at the scene of the [accident] crash until the driver has fulfilled the requirements of NRS 484E.030.

      Sec. 32. NRS 484E.030 is hereby amended to read as follows:

      484E.030  1.  The driver of any vehicle involved in [an accident] a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

      (a) Give his or her name, address and the registration number of the vehicle the driver is driving, and shall upon request and if available exhibit his or her license to operate a motor vehicle to any person injured in such [accident] crash or to the driver or occupant of or person attending any vehicle or other property damaged in such [accident;] crash;

      (b) Give such information and upon request manually surrender such license to any police officer at the scene of the [accident] crash or who is investigating the [accident;] crash; and

      (c) Render to any person injured in such [accident] crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

      2.  If no police officer is present, the driver of any vehicle involved in such [accident] crash after fulfilling all other requirements of subsection 1 and NRS 484E.010, insofar as possible on his or her part to be performed, shall forthwith report such [accident] crash to the nearest office of a police authority or of the Nevada Highway Patrol and submit thereto the information specified in subsection 1.

      Sec. 33. NRS 484E.040 is hereby amended to read as follows:

      484E.040  The driver of any vehicle which [collides with or] is involved in [an accident] a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1643 (Chapter 317, SB 188)ê

 

shall attach securely in a conspicuous place in or on such vehicle or property a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking.

      Sec. 34. NRS 484E.050 is hereby amended to read as follows:

      484E.050  1.  The driver of a vehicle which [collides with or] is involved in [an accident] a crash with any vehicle or other property which is unattended, resulting in any damage to such other vehicle or property, shall immediately by the quickest means of communication give notice of such [accident] crash to the nearest office of a police authority or of the Nevada Highway Patrol.

      2.  Whenever the driver of a vehicle is physically incapable of giving an immediate notice of [an accident] a crash as required in subsection 1 and there was another occupant in the vehicle at the time of the [accident] crash capable of doing so, such occupant shall make or cause to be given the notice not given by the driver.

      Sec. 35. NRS 484E.060 is hereby amended to read as follows:

      484E.060  1.  A peace officer at the scene of [an accident] a crash involving a motor vehicle shall, by radio, request that the information on file with the Department be checked regarding the validity of the registration for each motor vehicle involved in the [accident.] crash. If the peace officer is informed that the registration of a motor vehicle involved in the [accident] crash has been suspended pursuant to any provision of chapter 485 of NRS, the peace officer shall determine whether the license plates and certificate of registration for the motor vehicle have been surrendered as required by NRS 485.320. If the license plates and certificate have not been surrendered, the peace officer shall:

      (a) Issue a traffic citation in the manner provided in NRS 484A.630 charging the registered owner with a violation of NRS 485.320 and 485.330; and

      (b) Without a warrant, seize and take possession of the motor vehicle and cause it to be towed and impounded until the owner claims it by:

             (1) Presenting proof that the vehicle’s registration has been reinstated by the Department; and

             (2) Paying the cost of the towing and impoundment.

      2.  Neither the peace officer nor the governmental entity which employs the peace officer is civilly liable for any damage to the vehicle that occurs after the vehicle is seized, but before the towing process begins.

      Sec. 36. NRS 484E.070 is hereby amended to read as follows:

      484E.070  1.  The Department shall:

      (a) Approve the format of the forms for [accident] crash reports made pursuant to this section; and

      (b) Make those forms available to persons who are required to forward the reports to the Department pursuant to this section.

      2.  Except as otherwise provided in subsections 3, 4 and 5, the driver of a vehicle which is in any manner involved in [an accident] a crash on a highway or on premises to which the public has access, if the [accident] crash results in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, shall, within 10 days after the [accident,] crash, forward a written or electronic report of the [accident] crash to the Department. Whenever damage occurs to a motor vehicle, the operator shall attach to the [accident] crash report an estimate of repairs or a statement of the total loss from an established repair garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1644 (Chapter 317, SB 188)ê

 

garage, an insurance adjuster employed by an insurer licensed to do business in this State, an adjuster licensed pursuant to chapter 684A of NRS or an appraiser licensed pursuant to chapter 684B of NRS. The Department may require the driver or owner of the vehicle to file supplemental written or electronic reports whenever the original report is insufficient in the opinion of the Department.

      3.  A report is not required from any person if the [accident] crash was investigated by a police officer pursuant to NRS 484E.110 and the report of the investigating officer contains:

      (a) The name and address of the insurance company providing coverage to each person involved in the [accident;] crash;

      (b) The number of each policy; and

      (c) The dates on which the coverage begins and ends.

      4.  The driver of a vehicle subject to the jurisdiction of the Surface Transportation Board or the Nevada Transportation Authority need not submit in his or her report the information requested pursuant to subsection 3 of NRS 484E.120 until the 10th day of the month following the month in which the [accident] crash occurred.

      5.  A written or electronic [accident] crash report is not required pursuant to this chapter from any person who is physically incapable of making a report, during the period of the person’s incapacity. Whenever the driver is physically incapable of making a written or electronic report of [an accident] a crash as required in this section and the driver is not the owner of the vehicle, the owner shall within 10 days after knowledge of the [accident] crash make the report not made by the driver.

      6.  All written or electronic reports required in this section to be forwarded to the Department by drivers or owners of vehicles involved in [accidents] crashes are without prejudice to the person so reporting and are for the confidential use of the Department or other state agencies having use of the records for [accident] crash prevention, except as otherwise provided in NRS 239.0115 and except that the Department may disclose to a person involved in [an accident] a crash or to his or her insurer the identity of another person involved in the [accident] crash when the person’s identity is not otherwise known or when the person denies having been present at the [accident.] crash. The Department may also disclose the name of the person’s insurer and the number of the person’s policy.

      7.  A written or electronic report forwarded pursuant to the provisions of this section may not be used as evidence in any trial, civil or criminal, arising out of [an accident] a crash except that the Department shall furnish upon demand of any party to such a trial, or upon demand of any court, a certificate showing that a specified [accident] crash report has or has not been made to the Department in compliance with law, and, if the report has been made, the date, time and location of the [accident,] crash, the names and addresses of the drivers, the owners of the vehicles involved and the investigating officers. The report may be used as evidence when necessary to prosecute charges filed in connection with a violation of NRS 484E.080.

      Sec. 37. NRS 484E.080 is hereby amended to read as follows:

      484E.080  1.  If a person willfully fails, refuses or neglects to make a report of [an accident] a crash in accordance with the provisions of this chapter, the person’s driving privilege may be suspended. Suspension action taken under this section remains in effect for 1 year unless terminated by receipt of the report of the [accident] crash or upon receipt of evidence that failure to report was not willful.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1645 (Chapter 317, SB 188)ê

 

taken under this section remains in effect for 1 year unless terminated by receipt of the report of the [accident] crash or upon receipt of evidence that failure to report was not willful.

      2.  Any person who gives information in electronic, oral or written reports as required in this chapter, knowing or having reason to believe that such information is false, is guilty of a gross misdemeanor.

      Sec. 38. NRS 484E.090 is hereby amended to read as follows:

      484E.090  The State Registrar of Vital Statistics shall on or before the 10th day of each month report in writing to the Department the death of any person resulting from a vehicle [accident,] crash, giving the time and place of [accident] the crash and the circumstances relating thereto.

      Sec. 39. NRS 484E.100 is hereby amended to read as follows:

      484E.100  The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in [an accident] a crash and which is repaired in that garage or repair shop shall maintain for 2 years a record of those repairs including the:

      1.  Registration number of the vehicle;

      2.  Vehicle identification number;

      3.  Color of the vehicle before the repairs;

      4.  Location on the vehicle of the damage repaired;

      5.  Total amount of the damage; and

      6.  Name and address of the person who requested the repairs.

      Sec. 40. NRS 484E.110 is hereby amended to read as follows:

      484E.110  1.  Every police officer who investigates a vehicle [accident] crash of which a report must be made as required in this chapter, or who otherwise prepares a written or electronic report as a result of an investigation either at the time of and at the scene of the [accident] crash or thereafter by interviewing the participants or witnesses, shall forward a written or electronic report of the [accident] crash to the Department of Public Safety within 10 days after the investigation of the [accident.] crash. The data collected by the Department of Public Safety pursuant to this subsection must be recorded in a central repository created by the Department of Public Safety to track data electronically concerning vehicle [accidents] crashes on a statewide basis.

      2.  The written or electronic reports required to be forwarded by police officers and the information contained therein are not privileged or confidential.

      3.  Every sheriff, chief of police or office of the Nevada Highway Patrol receiving any report required under NRS 484E.030 to 484E.090, inclusive, shall immediately prepare a copy thereof and file the copy with the Department of Public Safety.

      4.  If a police officer investigates a vehicle [accident] crash resulting in bodily injury to or the death of any person or total damage to any vehicle or item of property to an apparent extent of $750 or more, the police officer shall prepare a written or electronic report of the investigation.

      5.  As soon as practicable after receiving a report pursuant to this section, the Department of Public Safety shall submit a copy of the report to the Department of Motor Vehicles.

      Sec. 41. NRS 484E.120 is hereby amended to read as follows:

      484E.120  1.  The Department of Public Safety shall prepare forms for [accident] crash reports required pursuant to NRS 484E.110, suitable with respect to the persons required to make the reports and the purposes to be served.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1646 (Chapter 317, SB 188)ê

 

purposes to be served. The forms must be designed to call for sufficiently detailed information to disclose with reference to [an accident] a crash the cause, conditions then existing, the persons and vehicles involved, the name and address of the insurance company, the number of the policy providing coverage and the dates on which the coverage begins and ends. The Department of Public Safety shall, upon request, supply to a police department, sheriff or other appropriate agency or person, the forms for [accident] crash reports prepared by a police officer pursuant to NRS 484E.110.

      2.  In addition to submitting a copy of a report pursuant to NRS 484E.110, the Department of Public Safety shall provide any information required by this section which is not included in the report to the Department of Motor Vehicles to enable the Department of Motor Vehicles to determine whether the requirements for the deposit of security under chapter 485 of NRS are inapplicable. The Department of Motor Vehicles may rely upon the accuracy of information supplied to a police officer by a driver or owner on the form unless it has reason to believe that the information is erroneous.

      3.  Every [accident] crash report required pursuant to NRS 484E.070 must be made on the appropriate form approved by the Department of Motor Vehicles pursuant to that section and must contain all the information required in the form.

      4.  Every [accident] crash report required pursuant to NRS 484E.110 must be made on the appropriate form approved by the Department of Public Safety and must contain all the information required therein unless it is not available.

      Sec. 42. NRS 484E.130 is hereby amended to read as follows:

      484E.130  The Department shall tabulate and analyze all [accident] crash reports received in compliance with this chapter and shall publish annually, or at more frequent intervals, statistical information based thereon as to the number and circumstances of vehicle [accidents.] crashes.

      Sec. 43. NRS 485.105 is hereby amended to read as follows:

      485.105  “Proof of financial responsibility” means proof of ability to respond for the future in damages for liability, on account of [accidents] crashes occurring subsequent to the effective date of that proof, arising out of the ownership, maintenance or use of a motor vehicle, in the amounts specified in NRS 485.185.

      Sec. 44. NRS 485.185 is hereby amended to read as follows:

      485.185  Every owner of a motor vehicle which is registered or required to be registered in this State shall continuously provide, while the motor vehicle is present or registered in this State, insurance provided by an insurance company licensed by the Division of Insurance of the Department of Business and Industry and approved to do business in this State:

      1.  In the amount of $15,000 for bodily injury to or death of one person in any one [accident;] crash;

      2.  Subject to the limit for one person, in the amount of $30,000 for bodily injury to or death of two or more persons in any one [accident;] crash; and

      3.  In the amount of $10,000 for injury to or destruction of property of others in any one [accident,] crash,

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

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1647 (Chapter 317, SB 188)ê

 

      Sec. 45. NRS 485.190 is hereby amended to read as follows:

      485.190  1.  If, 20 days after the receipt of a report of [an accident] a crash involving a motor vehicle within this State which has resulted in bodily injury or death, or damage to the property of any one person in excess of $750, the Department does not have on file evidence satisfactory to it that the person who would otherwise be required to file security under subsection 2 has been released from liability, has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the [accident,] crash, the Department shall upon request set the matter for a hearing as provided in NRS 485.191.

      2.  The Department shall, immediately after a determination adverse to an operator or owner is made in a hearing pursuant to NRS 485.191, suspend the license of each operator and all registrations of each owner of a motor vehicle involved in such [an accident,] a crash, and, if the operator is a nonresident, the privilege of operating a motor vehicle within this State, and, if the owner is a nonresident, the privilege of the use within this State of any motor vehicle owned by him or her, unless the operator or owner, or both, immediately deposit security in the sum so determined by the Department at the hearing. If erroneous information is given to the Department with respect to the matters set forth in paragraph (a), (b) or (c) of subsection 1 of NRS 485.200, the Department shall take appropriate action as provided in this section after it receives correct information with respect to those matters.

      Sec. 46. NRS 485.191 is hereby amended to read as follows:

      485.191  1.  Any operator or owner of a motor vehicle who was involved in [an accident] a crash and who is not exempt from the requirements of depositing security by the provisions of NRS 485.200, is entitled to a hearing before the Director or a representative of the Director before a determination of the amount of security required pursuant to NRS 485.190, and before the suspension of his or her operator’s license or registration as provided in subsection 2 of NRS 485.190. The hearing must be held in the county of residence of the operator. If the operator and owner reside in different counties and the hearing would involve both of them, the hearing must be held in the county which will be the most convenient for the summoning of witnesses.

      2.  The owner or operator must be given at least 30 days’ notice of the hearing in writing with a brief explanation of the proceedings to be taken against the owner or operator and the possible consequences of a determination adverse to the owner or operator.

      3.  If the operator or owner desires a hearing, the owner or operator shall, within 15 days, notify the Department in writing of such intention. If the owner or operator does not send this notice within the 15 days, he or she waives his or her right to a hearing, except that, the Director may for good cause shown permit the owner a later opportunity for a hearing.

      Sec. 47. NRS 485.193 is hereby amended to read as follows:

      485.193  The hearing must be held to determine:

      1.  Whether or not there is a reasonable possibility that a judgment may be rendered against the owner or operator as a result of the [accident] crash in which the owner or operator was involved if the issue is brought before a court of competent jurisdiction; and

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1648 (Chapter 317, SB 188)ê

 

      2.  The amount of security that may be required of the operator or owner to satisfy any judgment for damages that may be rendered against the owner or operator.

      Sec. 48. NRS 485.200 is hereby amended to read as follows:

      485.200  1.  The requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, do not apply:

      (a) To the operator or owner if the operator or owner had in effect at the time of the [accident] crash a motor vehicle liability policy with respect to the motor vehicle involved in the [accident;] crash;

      (b) To the operator if there was in effect at the time of the [accident] crash a motor vehicle liability policy with respect to his or her operation of any motor vehicle;

      (c) To the operator or owner if the liability for damages of the operator or owner resulting from the [accident] crash is, in the judgment of the Department, covered by any other form of liability insurance policy or a bond;

      (d) To any person qualifying as a self-insurer pursuant to NRS 485.380, or to any person operating a motor vehicle for the self-insured;

      (e) To the operator or the owner of a motor vehicle involved in [an accident] a crash wherein no injury or damage was caused to the person or property of anyone other than the operator or owner;

      (f) To the operator or the owner of a motor vehicle legally parked at the time of the [accident;] crash;

      (g) To the owner of a motor vehicle if at the time of the [accident] crash the vehicle was being operated without the owner’s permission, express or implied, or was parked by a person who had been operating the motor vehicle without permission; or

      (h) If, before the date that the Department would otherwise suspend the license and registration or nonresident’s operating privilege pursuant to NRS 485.190, there is filed with the Department evidence satisfactory to it that the person who would otherwise have to file security has been released from liability or has received a determination in his or her favor at a hearing conducted pursuant to NRS 485.191, or has been finally adjudicated not to be liable or has executed an acknowledged written agreement providing for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the [accident.] crash.

      2.  An owner who is not the operator of the motor vehicle is not exempt from the requirements as to security and suspension in NRS 485.190 to 485.300, inclusive, if the owner holds a motor vehicle liability policy which provides coverage only when the owner is operating the motor vehicle and, at the time of the [accident,] crash, another person is operating the motor vehicle with the express or implied permission of the owner.

      Sec. 49. NRS 485.210 is hereby amended to read as follows:

      485.210  For the purposes of NRS 485.200, a policy or bond is not effective unless:

      1.  The policy or bond is subject, if the [accident] crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $15,000 because of bodily injury to or death of one person in any one [accident] crash and, subject to the limit for one person, to a limit of not less than $30,000 because of bodily injury to or death of two or more persons in any one [accident] crash and, if the [accident] crash has resulted in injury to or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one [accident;] crash; and

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1649 (Chapter 317, SB 188)ê

 

or destruction of property, to a limit of not less than $10,000 because of injury to or destruction of property of others in any one [accident;] crash; and

      2.  The insurance company or surety company issuing that policy or bond is authorized to do business in this State or, if the company is not authorized to do business in this State, unless it executes a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action upon that policy or bond arising out of [an accident.] a crash.

      Sec. 50. NRS 485.220 is hereby amended to read as follows:

      485.220  1.  The security required pursuant to NRS 485.190 to 485.300, inclusive, must be in such a form and amount as the Department may require, but in no case in excess of the limits specified in NRS 485.210 in reference to the acceptable limits of a policy or bond.

      2.  The person depositing the security shall specify in writing the person or persons on whose behalf the deposit is made and, at any time while the deposit is in the custody of the Department or the State Treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons, but a single deposit of security is applicable only on behalf of persons required to furnish security because of the same [accident.] crash.

      Sec. 51. NRS 485.230 is hereby amended to read as follows:

      485.230  1.  The license, all registrations and the nonresident’s operating privilege suspended as provided in NRS 485.190 must remain so suspended and may not be renewed nor may any license or registration be issued to any such person until:

      (a) The person deposits or there is deposited on his or her behalf the security required under NRS 485.190;

      (b) Two years have elapsed following the date of the [accident] crash and evidence satisfactory to the Department has been filed with it that during that period no action for damages arising out of the [accident] crash has been instituted; or

      (c) Evidence satisfactory to the Department has been filed with it of a release from liability, or a final adjudication of nonliability, or an acknowledged written agreement, in accordance with NRS 485.190.

      2.  Upon any default in the payment of any installment under any acknowledged written agreement, and upon notice of the default, the Department shall suspend the license and all registrations or the nonresident’s operating privilege of the person defaulting, which may not be restored until:

      (a) The person deposits and thereafter maintains security as required under NRS 485.190 in such an amount as the Department may then determine; or

      (b) One year has elapsed following the date of default, or 2 years following the date of the [accident,] crash, whichever is greater, and during that period no action upon the agreement has been instituted in a court in this State.

      3.  Proof of financial responsibility, as set forth in NRS 485.307, is an additional requirement for reinstatement of the operator’s license and registrations under this section. The person shall maintain proof of financial responsibility for 3 years after the date of reinstatement of the license in accordance with the provisions of this chapter. If the person fails to do so the Department shall suspend the license and registrations.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1650 (Chapter 317, SB 188)ê

 

      Sec. 52. NRS 485.240 is hereby amended to read as follows:

      485.240  1.  If the operator or the owner of a motor vehicle involved in [an accident] a crash within this State has no license or registration, or is a nonresident, the operator or owner must not be allowed a license or registration until the operator or owner has complied with the requirements of NRS 485.190 to 485.300, inclusive, to the same extent that would be necessary if, at the time of the [accident,] crash, the operator or owner had held a license and registration.

      2.  When a nonresident’s operating privilege is suspended pursuant to NRS 485.190 or 485.230, the Department shall transmit a certified copy of the record of that action to the officer in charge of the issuance of licenses and registration certificates in the state in which the nonresident resides, if the law of that state provides for action in relation thereto similar to that provided for in subsection 3.

      3.  Upon receipt of a certification that the operating privilege of a resident of this State has been suspended or revoked in any other state pursuant to a law providing for its suspension or revocation for failure to deposit security for the payment of judgments arising out of a motor vehicle [accident,] crash, under circumstances which would require the Department to suspend a nonresident’s operating privilege had the [accident] crash occurred in this State, the Department shall suspend the license of the resident if the resident was the operator, and all of his or her registrations if the resident was the owner of a motor vehicle involved in that [accident.] crash. The suspension must continue until the resident furnishes evidence of compliance with the law of the other state relating to the deposit of that security.

      Sec. 53. NRS 485.250 is hereby amended to read as follows:

      485.250  The Department may reduce the amount of security ordered in any case within 6 months after the date of the [accident] crash if, in its judgment, the amount ordered is excessive. In case the security originally ordered has been deposited, the excess deposited over the reduced amount ordered must be returned to the depositor or his or her personal representative forthwith, notwithstanding the provisions of NRS 485.270.

      Sec. 54. NRS 485.270 is hereby amended to read as follows:

      485.270  Security deposited in compliance with the requirements of this chapter is applicable only to the payment of a judgment or judgments rendered against the person or persons on whose behalf the deposit was made for damages arising out of the [accident] crash in question in an action at law, begun not later than 2 years after the date of the [accident] crash or within 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, or to the payment in settlement, agreed to by the depositor, of a claim or claims arising out of the [accident.] crash.

      Sec. 55. NRS 485.280 is hereby amended to read as follows:

      485.280  A deposit or any balance thereof must be returned to the depositor or his or her personal representative:

      1.  When evidence satisfactory to the Department has been filed with it that there has been a release from liability, a final adjudication of nonliability or an acknowledged agreement, in accordance with paragraph (h) of subsection 1 of NRS 485.200; or

      2.  If 2 years after the date of the [accident] crash or 1 year after the date of deposit of any security under NRS 485.230, whichever period is longer, the Department is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1651 (Chapter 317, SB 188)ê

 

longer, the Department is given reasonable evidence that there is no action pending and no judgment rendered in such an action left unpaid.

      Sec. 56. NRS 485.301 is hereby amended to read as follows:

      485.301  1.  Whenever any person fails within 60 days to satisfy any judgment that was entered as a result of [an accident] a crash involving a motor vehicle, the judgment creditor or the judgment creditor’s attorney may forward to the Department immediately after the expiration of the 60 days a certified copy of the judgment.

      2.  If the defendant named in any certified copy of a judgment that was entered as a result of [an accident] a crash involving a motor vehicle and reported to the Department is a nonresident, the Department shall transmit a certified copy of the judgment to the officer in charge of the issuance of licenses and registration certificates of the state in which the defendant is a resident.

      Sec. 57. NRS 485.304 is hereby amended to read as follows:

      485.304  Judgments must for the purpose of this chapter only, be deemed satisfied:

      1.  When $15,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one [accident;] crash;

      2.  When, subject to the limit of $15,000 because of bodily injury to or death of one person, the sum of $30,000 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one [accident;] crash; or

      3.  When $10,000 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one [accident,] crash,

Ê but payments made in settlement of any claims because of bodily injury, death or property damage arising from a motor vehicle [accident] crash must be credited in reduction of the amounts provided for in this section.

      Sec. 58. NRS 485.307 is hereby amended to read as follows:

      485.307  1.  Proof of financial responsibility, when required pursuant to this title, may be given by filing:

      (a) A certificate of financial responsibility as provided in NRS 485.308 or 485.309; or

      (b) A certificate of self-insurance, as provided in NRS 485.380, supplemented by an agreement by the self-insurer that, with respect to [accidents] crashes occurring while the certificate is in force, the self-insurer will pay the same judgments and in the same amounts that an insurer would have been obligated to pay under an owner’s policy of liability insurance if it had issued such a policy to the self-insurer.

      2.  Whenever the Department restores a license, permit or privilege of driving a vehicle in this State which has been revoked, no motor vehicle may be or continue to be registered in the name of the person whose license, permit or privilege was revoked unless proof of financial responsibility is furnished by that person.

      Sec. 59. NRS 485.309 is hereby amended to read as follows:

      485.309  1.  The nonresident owner of a motor vehicle not registered in this State or a nonresident operator of a motor vehicle may give proof of financial responsibility by filing with the Department a written certificate of an insurance carrier authorized to transact business:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1652 (Chapter 317, SB 188)ê

 

      (a) If the insurance provides coverage for the vehicle, in the state in which the motor vehicle described in the certificate is registered; or

      (b) If the insurance provides coverage for the operator only, in the state in which the insured resides,

Ê if the certificate otherwise conforms to the provisions of this chapter.

      2.  The Department shall accept the proof upon condition that the insurance carrier complies with the following provisions with respect to the policies so certified:

      (a) The insurance carrier shall execute a power of attorney authorizing the Director to accept service on its behalf of notice or process in any action arising out of [an accident] a crash involving a motor vehicle in this State; and

      (b) The insurance carrier shall agree in writing that the policies shall be deemed to conform with the laws of this State relating to the terms of liability policies for owners of motor vehicles.

      3.  If any insurance carrier not authorized to transact business in this State, which has qualified to furnish proof of financial responsibility, defaults in any undertakings or agreements, the Department shall not thereafter accept as proof any certificate of that carrier whether theretofore filed or thereafter tendered as proof, as long as the default continues.

      Sec. 60. NRS 485.3091 is hereby amended to read as follows:

      485.3091  1.  An owner’s policy of liability insurance must:

      (a) Designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted; and

      (b) Insure the person named therein and any other person, as insured, using any such motor vehicle with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle within the United States of America or the Dominion of Canada, subject to limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:

             (1) Because of bodily injury to or death of one person in any one [accident,] crash, $15,000;

             (2) Subject to the limit for one person, because of bodily injury to or death of two or more persons in any one [accident,] crash, $30,000; and

             (3) Because of injury to or destruction of property of others in any one [accident,] crash, $10,000.

      2.  An operator’s policy of liability insurance must insure the person named as insured therein against loss from the liability imposed upon the person by law for damages arising out of the person’s use of any motor vehicle within the same territorial limits and subject to the same limits of liability as are set forth in paragraph (b) of subsection 1.

      3.  A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the period of effectiveness and the limits of liability, and must contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

      4.  A motor vehicle liability policy need not insure any liability under any workers’ compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1653 (Chapter 317, SB 188)ê

 

other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any motor vehicle owned by the insured nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

      5.  Every motor vehicle liability policy is subject to the following provisions which need not be contained therein:

      (a) The liability of the insurance carrier with respect to the insurance required by this chapter becomes absolute whenever injury or damage covered by the policy occurs. The policy may not be cancelled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. No statement made by the insured or on behalf of the insured and no violation of the policy defeats or voids the policy.

      (b) The satisfaction by the insured of a judgment for injury or damage is not a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

      (c) The insurance carrier may settle any claim covered by the policy, and if such a settlement is made in good faith, the amount thereof is deductible from the limits of liability specified in paragraph (b) of subsection 1.

      (d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of this chapter constitute the entire contract between the parties.

      6.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this chapter.

      7.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

      8.  The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet those requirements.

      9.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.

      Sec. 61. NRS 485.316 is hereby amended to read as follows:

      485.316  1.  Except as otherwise provided in subsection 2 and NRS 239.0115, information which is maintained in the system created pursuant to NRS 485.313 is confidential.

      2.  The Department may only disclose information which is maintained in the system to:

      (a) A state or local governmental agency for the purpose of enforcing NRS 485.185, including investigating or litigating a violation or alleged violation;

      (b) An authorized insurer;

      (c) A person:

             (1) With whom the Department has contracted to provide services relating to the system created pursuant to NRS 485.313; and

             (2) To whom the information is disclosed only pursuant to a nondisclosure or confidentiality agreement which relates to the information;

      (d) A person who requests information regarding his or her own status;

      (e) The parent or legal guardian of the person about whom the information is requested if the person is an unemancipated minor or legally incapacitated;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1654 (Chapter 317, SB 188)ê

 

      (f) A person who has a power of attorney from the person about whom the information is requested;

      (g) A person who submits a notarized release from the person about whom the information is requested which is dated no more than 90 days before the date of the request; or

      (h) A person who has suffered a loss or injury in [an accident] a crash involving a motor vehicle, or the person’s authorized insurer or a representative of the authorized insurer, who requests:

             (1) Information for use in the [accident] crash report; and

             (2) For each motor vehicle involved in the [accident:] crash:

                   (I) The name and address of each registered owner;

                   (II) The name of the insurer; and

                   (III) The number of the policy of liability insurance.

      3.  A person who knowingly violates the provisions of this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      4.  As used in this section, “authorized insurer” has the meaning ascribed to it in NRS 679A.030.

      Sec. 62. NRS 485.385 is hereby amended to read as follows:

      485.385  Whenever the Department has taken any action or has failed to take any action under this chapter by reason of having received erroneous information or by reason of having received no information, upon receiving correct information within 2 years after the date of the [accident] crash, the Department shall take appropriate action to carry out the purposes of this chapter. The foregoing does not require the Department to reevaluate the amount of any deposit required under this chapter.

      Sec. 63. NRS 485.400 is hereby amended to read as follows:

      485.400  This chapter shall not apply with respect to any [accident,] crash, or judgment arising therefrom, or violation of the motor vehicle laws of this State occurring prior to September 1, 1949.

      Sec. 64. NRS 487.520 is hereby amended to read as follows:

      487.520  1.  Except as otherwise provided in subsection 3, if a salvage vehicle is repaired or rebuilt by a garage operator or operator of a body shop, the repairs or rebuilding must comply with the standards published and commonly applied in the motor vehicle repair industry.

      2.  Except as otherwise provided in subsection 3, if any safety equipment that was present in a motor vehicle at the time it was manufactured is repaired or replaced by a garage operator or operator of a body shop, the equipment must be repaired or replaced to the standards published and commonly applied in the motor vehicle repair industry.

      3.  If a motor vehicle has been in [an accident] a crash and a garage operator or operator of a body shop accepts or assumes control of the motor vehicle to make any repair, the garage operator or operator of the body shop shall:

      (a) For a motor vehicle that is equipped with an airbag that has been deployed, replace the airbag in a manner that complies with the standards set forth in 49 C.F.R. § 571.208, Standard No. 208, for such equipment.

      (b) For a motor vehicle that is equipped with a seatbelt assembly which requires repair or replacement, repair or replace the seatbelt assembly in a manner that complies with the standards set forth in 49 C.F.R. § 571.209, Standard No. 209, for such equipment.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1655 (Chapter 317, SB 188)ê

 

      4.  A garage operator or operator of a body shop who is licensed pursuant to the provisions of this chapter who performs the work required pursuant to this section shall retain a written record of the work, including, without limitation, the date of the repair, rebuilding or replacement, and any identifying information regarding any parts or equipment used in the repair, rebuilding or replacement.

      Sec. 65. NRS 1A.570 is hereby amended to read as follows:

      1A.570  1.  Except as otherwise provided in subsection 3, if a deceased member of the Judicial Retirement Plan had 2 years of creditable service in the 2 1/2 years immediately preceding the member’s death, or if the employee had 10 or more years of creditable service, certain of his or her dependents are eligible for payments as provided in NRS 1A.530 to 1A.670, inclusive. If the death of the member resulted from a mental or physical condition which required the member to leave his or her position as a justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace or municipal judge or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after the member’s termination or commencement of leave without pay.

      2.  If the death of a member of the Judicial Retirement Plan occurs while the member is on leave of absence for further training and if the member met the requirements of subsection 1 at the time his or her leave began, certain of the member’s dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member of the Judicial Retirement Plan is caused by an occupational disease or an accident or motor vehicle crash arising out of and in the course of the member’s employment, no prior creditable service is required to make the member’s dependents eligible for payments pursuant to NRS 1A.530 to 1A.670, inclusive, except that this subsection does not apply to an accident or motor vehicle crash occurring while the member is traveling between the member’s home and his or her principal place of employment.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 1A.620.

      Sec. 66. NRS 7.045 is hereby amended to read as follows:

      7.045  1.  Except as otherwise provided in this section, it shall be unlawful for a person, in exchange for compensation, to solicit a tort victim to employ, hire or retain any attorney at law:

      (a) At the scene of a traffic [accident] crash that may result in a civil action; or

      (b) At a county or city jail or detention facility.

      2.  It is unlawful for a person to conspire with another person to commit an act which violates the provisions of subsection 1.

      3.  This section does not prohibit or restrict:

      (a) A recommendation for the employment, hiring or retention of an attorney at law in a manner that complies with the Nevada Rules of Professional Conduct.

      (b) The solicitation of motor vehicle repair or storage services by a tow car operator.

      (c) Any activity engaged in by police, fire or emergency medical personnel acting in the normal course of duty.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1656 (Chapter 317, SB 188)ê

 

      (d) A communication by a tort victim with the tort victim’s insurer concerning the investigation of a claim or settlement of a claim for property damage.

      (e) Any inquiries or advertisements performed in the ordinary course of a person’s business.

      4.  A tort victim may void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this section.

      5.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      6.  As used in this section, “tort victim” means a person:

      (a) Whose property has been damaged as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person;

      (b) Who has been injured or killed as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person; or

      (c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person.

      Sec. 67. NRS 14.070 is hereby amended to read as follows:

      14.070  1.  The use and operation of a motor vehicle over the public roads, streets or highways, or in any other area open to the public and commonly used by motor vehicles, in the State of Nevada by any person, either as principal, master, agent or servant, shall be deemed an appointment by the operator, on behalf of the operator and the operator’s principal, master, executor, administrator or personal representative, of the Director of the Department of Motor Vehicles to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against the operator or the operator’s principal, master, executor, administrator or personal representative, growing out of such use or resulting in damage or loss to person or property, and the use or operation signifies his or her agreement that any process against him or her which is so served has the same legal force and validity as though served upon him or her personally within the State of Nevada.

      2.  Service of process must be made by leaving a copy of the process with a fee of $5 in the hands of the Director of the Department of Motor Vehicles or in the office of the Director, and the service shall be deemed sufficient upon the operator if notice of service and a copy of the process is sent by registered or certified mail by the plaintiff to the defendant at the address supplied by the defendant in the defendant’s [accident] crash report, if any, and if not, at the best address available to the plaintiff, and a return receipt signed by the defendant or a return of the United States Postal Service stating that the defendant refused to accept delivery or could not be located, or that the address was insufficient, and the plaintiff’s affidavit of compliance therewith are attached to the original process and returned and filed in the action in which it was issued. Personal service of notice and a copy of the process upon the defendant, wherever found outside of this state, by any person qualified to serve like process in the State of Nevada is the equivalent of mailing, and may be proved by the affidavit of the person making the personal service appended to the original process and returned and filed in the action in which it was issued.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1657 (Chapter 317, SB 188)ê

 

      3.  The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action.

      4.  The fee of $5 paid by the plaintiff to the Director of the Department of Motor Vehicles at the time of the service must be taxed in the plaintiff’s costs if the plaintiff prevails in the suit. The Director of the Department of Motor Vehicles shall keep a record of all service of process, including the day and hour of service.

      5.  The foregoing provisions of this section with reference to the service of process upon an operator defendant are not exclusive, except if the operator defendant is found within the State of Nevada, the operator defendant must be served with process in the State of Nevada.

      6.  The provisions of this section apply to nonresident motorists and to resident motorists who have left the State or cannot be found within the State following [an accident] a crash which is the subject of an action for which process is served pursuant to this section.

      Sec. 68. NRS 41.200 is hereby amended to read as follows:

      41.200  1.  If an unemancipated minor has a disputed claim for money against a third person, either parent, or if the parents of the minor are living separate and apart, then the custodial parent, or if no custody award has been made, the parent with whom the minor is living, or if a general guardian or guardian of the estate of the minor has been appointed, then that guardian, has the right to compromise the claim. Such a compromise is not effective until it is approved by the district court of the county where the minor resides, or if the minor is not a resident of the State of Nevada, then by the district court of the county where the claim was incurred, upon a verified petition in writing, regularly filed with the court.

      2.  The petition must set forth:

      (a) The name, age and residence of the minor;

      (b) The facts which bring the minor within the purview of this section, including:

             (1) The circumstances which make it a disputed claim for money;

             (2) The name of the third person against whom the claim is made; and

             (3) If the claim is the result of an accident [,] or motor vehicle crash, the date, place and facts of the accident [;] or motor vehicle crash;

      (c) The names and residence of the parents or the legal guardian of the minor;

      (d) The name and residence of the person or persons having physical custody or control of the minor;

      (e) The name and residence of the petitioner and the relationship of the petitioner to the minor;

      (f) The total amount of the proceeds of the proposed compromise and the apportionment of those proceeds, including the amount to be used for:

             (1) Attorney’s fees and whether the attorney’s fees are fixed or contingent fees, and if the attorney’s fees are contingent fees the percentage of the proceeds to be paid as attorney’s fees;

             (2) Medical expenses; and

             (3) Other expenses,

Ê and whether these fees and expenses are to be deducted before or after the calculation of any contingency fee;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1658 (Chapter 317, SB 188)ê

 

      (g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor; and

      (h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise.

      3.  If the claim involves a personal injury suffered by the minor, the petitioner must submit all relevant medical and health care records to the court at the compromise hearing. The records must include documentation of:

      (a) The injury, prognosis, treatment and progress of recovery of the minor; and

      (b) The amount of medical expenses incurred to date, the nature and amount of medical expenses which have been paid and by whom, any amount owing for medical expenses and an estimate of the amount of medical expenses which may be incurred in the future.

      4.  If the court approves the compromise of the claim of the minor, the court must direct the money to be paid to the father, mother or guardian of the minor, with or without the filing of any bond, or it must require a general guardian or guardian ad litem to be appointed and the money to be paid to the guardian or guardian ad litem, with or without a bond, as the court, in its discretion, deems to be in the best interests of the minor.

      5.  Upon receiving the proceeds of the compromise, the parent or guardian to whom the proceeds of the compromise are ordered to be paid, shall establish a blocked financial investment for the benefit of the minor with the proceeds of the compromise. Money may be obtained from the blocked financial investment only pursuant to subsection 6. Within 30 days after receiving the proceeds of the compromise, the parent or guardian shall file with the court proof that the blocked financial investment has been established. If the balance of the investment is more than $10,000, the parent, guardian or person in charge of managing the investment shall annually file with the court a verified report detailing the activities of the investment during the previous 12 months. If the balance of the investment is $10,000 or less, the court may order the parent, guardian or person in charge of managing the investment to file such periodic verified reports as the court deems appropriate. The court may hold a hearing on a verified report only if it deems a hearing necessary to receive an explanation of the activities of the investment.

      6.  The beneficiary of a block financial investment may obtain control of or money from the investment:

      (a) By an order of the court which held the compromise hearing; or

      (b) By certification of the court which held the compromise hearing that the beneficiary has reached the age of 18 years, at which time control of the investment must be transferred to the beneficiary or the investment must be closed and the money distributed to the beneficiary.

      7.  The clerk of the district court shall not charge any fee for filing a petition for leave to compromise or for placing the petition upon the calendar to be heard by the court.

      8.  As used in this section, the term “blocked financial investment” means a savings account established in a depository institution in this state, a certificate of deposit, a United States savings bond, a fixed or variable annuity contract, or another reliable investment that is approved by the court.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1659 (Chapter 317, SB 188)ê

 

      Sec. 69. NRS 178.750 is hereby amended to read as follows:

      178.750  1.  The district attorney for each county shall prepare and submit a report, on a form approved by the Attorney General, to the Attorney General not later than February 1 of each year concerning each case filed during the previous calendar year that included a charge for murder or voluntary manslaughter. The district attorney shall exclude from the report any charge for manslaughter that resulted from a death in [an accident or collision] a crash involving a motor vehicle.

      2.  The report required pursuant to subsection 1 must include, without limitation:

      (a) The age, gender and race of the defendant;

      (b) The age, gender and race of any codefendant or other person charged or suspected of having participated in the homicide and in any alleged related offense;

      (c) The age, gender and race of the victim of the homicide and any alleged related offense;

      (d) The date of the homicide and of any alleged related offense;

      (e) The date of filing of the information or indictment;

      (f) The name of each court in which the case was prosecuted;

      (g) Whether or not the prosecutor filed a notice of intent to seek the death penalty and, if so, when the prosecutor filed the notice;

      (h) The final disposition of the case and whether or not the case was tried before a jury;

      (i) The race, ethnicity and gender of each member of the jury, if the case was tried by a jury; and

      (j) The identity of:

             (1) Each prosecuting attorney who participated in the decision to file the initial charges against the defendant;

             (2) Each prosecuting attorney who participated in the decision to offer or accept a plea, if applicable;

             (3) Each prosecuting attorney who participated in the decision to seek the death penalty, if applicable; and

             (4) Each person outside the office of the district attorney who was consulted in determining whether to seek the death penalty or to accept or reject a plea, if any.

      3.  If all the information required pursuant to subsection 1 cannot be provided because the case is still in progress, an additional report must be filed with the Attorney General each time a subsequent report is filed until all the information, to the extent available, has been provided.

      Sec. 70. NRS 217.070 is hereby amended to read as follows:

      217.070  “Victim” means:

      1.  A person who is physically injured or killed as the direct result of a criminal act;

      2.  A minor who was involved in the production of pornography in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      3.  A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      4.  A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1660 (Chapter 317, SB 188)ê

 

      5.  A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of [an accident] a crash involving the driver and the pedestrian in violation of NRS 484E.010;

      6.  An older person who is abused, neglected, exploited or isolated in violation of NRS 200.5099 or 200.50995;

      7.  A resident who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1); or

      8.  A person who is trafficked in violation of subsection 2 of NRS 201.300.

Ê The term includes a person who was harmed by any of these acts whether the act was committed by an adult or a minor.

      Sec. 71. NRS 248.242 is hereby amended to read as follows:

      248.242  A sheriff shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or his or her legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, his or her legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the sheriff’s office that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 72. NRS 258.072 is hereby amended to read as follows:

      258.072  A constable shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, the person’s legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the constable’s office that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 73. NRS 259.050 is hereby amended to read as follows:

      259.050  1.  When a coroner or the coroner’s deputy is informed that a person has been killed, has committed suicide or has suddenly died under such circumstances as to afford reasonable ground to suspect that the death has been occasioned by unnatural means, the coroner shall make an appropriate investigation.

      2.  In all cases where it is apparent or can be reasonably inferred that the death may have been caused by a criminal act, the coroner or the coroner’s deputy shall notify the district attorney of the county where the inquiry is made, and the district attorney shall make an investigation with the assistance of the coroner. If the sheriff is not ex officio the coroner, the coroner shall also notify the sheriff, and the district attorney and sheriff shall make the investigation with the assistance of the coroner.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1661 (Chapter 317, SB 188)ê

 

coroner shall also notify the sheriff, and the district attorney and sheriff shall make the investigation with the assistance of the coroner.

      3.  The holding of a coroner’s inquest is within the sound discretion of the district attorney or district judge of the county. An inquest need not be conducted in any case of death manifestly occasioned by natural cause, suicide, accident , motor vehicle crash or when it is publicly known that the death was caused by a person already in custody, but an inquest must be held unless the district attorney or a district judge certifies that no inquest is required.

      4.  If an inquest is to be held, the district attorney shall call upon a justice of the peace of the county to preside over it. The justice of the peace shall summon three persons qualified by law to serve as jurors, to appear before the justice of the peace forthwith at the place where the body is or such other place within the county as may be designated by him or her to inquire into the cause of death.

      5.  A single inquest may be held with respect to more than one death, where all the deaths were occasioned by a common cause.

      Sec. 74. NRS 268.900 is hereby amended to read as follows:

      268.900  A police department or other law enforcement agency of a city shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 75. NRS 269.247 is hereby amended to read as follows:

      269.247  A police department or other law enforcement agency of a town shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, the person’s legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the department or agency that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 76. NRS 277.035 is hereby amended to read as follows:

      277.035  1.  In the absence of an interlocal or cooperative agreement entered into pursuant to this chapter, if a law enforcement agency requests the assistance of another law enforcement agency which responds to the request, the law enforcement agencies shall be deemed to have entered into an implied agreement whereby:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1662 (Chapter 317, SB 188)ê

 

the assistance of another law enforcement agency which responds to the request, the law enforcement agencies shall be deemed to have entered into an implied agreement whereby:

      (a) Both law enforcement agencies shall be deemed, for the limited purpose of the exclusive remedy set forth in NRS 616A.020, to employ jointly a person who:

             (1) Is an employee of either law enforcement agency; and

             (2) Sustains an injury by accident or motor vehicle crash while participating in the matter for which assistance was requested.

      (b) Each law enforcement agency shall defend, hold harmless and indemnify the other law enforcement agency and its employees from any claim or liability arising from an act or omission performed by its own employee while participating in the matter for which assistance was requested, unless such act or omission is a negligent act or omission for which the law enforcement agency who employs that employee is not liable pursuant to NRS 41.0336.

      2.  As used in this section:

      (a) “Employee” includes a person who:

             (1) Is paid by a law enforcement agency to serve as a peace officer, as that term is defined in NRS 169.125; or

             (2) Is recognized by and serves a law enforcement agency as a volunteer peace officer, as that term is described in NRS 616A.160.

      (b) “Law enforcement agency” means an agency, office or bureau of this state or a political subdivision of this state, the primary duty of which is to enforce the law.

      Sec. 77. NRS 280.400 is hereby amended to read as follows:

      280.400  A metropolitan police department shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or his or her legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person or his or her legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the department that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

      Sec. 78. NRS 281.153 is hereby amended to read as follows:

      281.153  1.  The employer of a police officer or firefighter may establish a program that allows a police officer or firefighter whom it employs who has suffered a catastrophe resulting in temporary total disability to elect to continue to receive the police officer’s or firefighter’s normal salary for a period of not more than 1 year in lieu of receiving the compensation for the industrial injury or occupational disease for which the police officer or firefighter is eligible pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, unless the police officer or firefighter has made an election pursuant to NRS 281.390.

      2.  A program established pursuant to subsection 1:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1663 (Chapter 317, SB 188)ê

 

      (a) Must prescribe the conditions pursuant to which a police officer or firefighter is eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1; and

      (b) May allow a police officer or firefighter to return to light-duty employment or employment modified according to the police officer’s or firefighter’s physical restrictions or limitations and receive the police officer’s or firefighter’s normal salary during the period of an election pursuant to subsection 1.

      3.  Unless the employer is self-insured or a member of an association of self-insured public or private employers, the employer shall notify the insurer that provides industrial insurance for that employer of the election by a police officer or firefighter pursuant to subsection 1. When the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary pursuant to such an election, the employer shall notify the insurer so that the insurer may begin paying to the police officer or firefighter the benefits, if any, for industrial insurance for which the police officer or firefighter is eligible. If the employer is self-insured or a member of an association of self-insured public or private employers and the police officer or firefighter is no longer eligible to receive the police officer’s or firefighter’s normal salary in accordance with an election pursuant to subsection 1, the employer shall begin paying the benefits, if any, for industrial insurance to which the police officer or firefighter is entitled.

      4.  During the period in which the police officer or firefighter elects to receive the police officer’s or firefighter’s normal salary pursuant to subsection 1, the police officer or firefighter accrues sick leave, annual leave and retirement benefits at the same rate at which the police officer or firefighter accrued such leave and benefits immediately before the election.

      5.  As used in this section:

      (a) “Catastrophe” means an illness , [or] accident or motor vehicle crash arising out of or in the course of employment which is life threatening or which will require a period of convalescence that an attending physician expects to exceed 30 days and because of which the employee is unable to perform the duties of the employee’s position.

      (b) “Police officer” has the meaning ascribed to it in NRS 617.135.

      Sec. 79. NRS 284.362 is hereby amended to read as follows:

      284.362  1.  As used in NRS 284.362 to 284.3629, inclusive:

      (a) “Catastrophe” means:

             (1) The employee is unable to perform the duties of the employee’s position because of a serious illness , [or] accident or motor vehicle crash which is life threatening or which will require a lengthy convalescence;

             (2) There is a serious illness , [or] accident or motor vehicle crash which is life threatening or which will require a lengthy convalescence in the employee’s immediate family; or

             (3) There is a death in the employee’s immediate family.

      (b) “Committee” means the Committee on Catastrophic Leave created pursuant to NRS 284.3627.

      2.  The Commission shall adopt regulations further defining “catastrophe” to ensure that the term is limited to serious calamities.

      Sec. 80. NRS 286.672 is hereby amended to read as follows:

      286.672  1.  Except as otherwise provided in subsection 3, if a deceased member had 2 years of accredited contributing service in the 2 1/2 years immediately preceding the member’s death or was a regular, part-time employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding the member’s death, or if the employee had 10 or more years of accredited contributing service, certain of the deceased member’s dependents are eligible for payments as provided in NRS 286.671 to 286.679, inclusive.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1664 (Chapter 317, SB 188)ê

 

employee who had 2 or more years of creditable contributing service before and at least 1 day of contributing service within 6 months immediately preceding the member’s death, or if the employee had 10 or more years of accredited contributing service, certain of the deceased member’s dependents are eligible for payments as provided in NRS 286.671 to 286.679, inclusive. If the death of the member resulted from a mental or physical condition which required the member to leave the employ of a participating public employer or go on leave without pay, eligibility pursuant to the provisions of this section extends for 18 months after the member’s termination or commencement of leave without pay.

      2.  If the death of a member occurs while the member is on leave of absence granted by the member’s employer for further training and if the member met the requirements of subsection 1 at the time the member’s leave began, certain of the deceased member’s dependents are eligible for payments as provided in subsection 1.

      3.  If the death of a member is caused by an occupational disease , [or an] accident or motor vehicle crash arising out of and in the course of the member’s employment, no prior contributing service is required to make the deceased member’s dependents eligible for payments pursuant to NRS 286.671 to 286.679, inclusive, except that this subsection does not apply to an accident or motor vehicle crash occurring while the member is traveling between the member’s home and the member’s principal place of employment or to an accident , motor vehicle crash or occupational disease arising out of employment for which no contribution is made.

      4.  As used in this section, “dependent” includes a survivor beneficiary designated pursuant to NRS 286.6767.

      Sec. 81. NRS 289.095 is hereby amended to read as follows:

      289.095  1.  In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle [accidents] crashes in which a peace officer employed by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle [accident] crash results in a fatal injury to any person, the motor vehicle [accident] crash must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the [accident] crash unless:

      (a) Another law enforcement agency does not have comparable equipment and personnel to investigate the [accident] crash at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle [accident;] crash;

      (b) Another law enforcement agency is unavailable to investigate the motor vehicle [accident;] crash; or

      (c) Investigation of the motor vehicle [accident] crash by another law enforcement agency would delay the initiation of the investigation such that the integrity of the [accident] crash scene and preservation and collection of evidence may be jeopardized by such a delay.

      2.  This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle [accidents] crashes in which a peace officer of the law enforcement agency is involved.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1665 (Chapter 317, SB 188)ê

 

      Sec. 82. NRS 360.740 is hereby amended to read as follows:

      360.740  1.  The governing body of a local government or special district that is created after July 1, 1998, and which provides police protection and at least two of the following services:

      (a) Fire protection;

      (b) Construction, maintenance and repair of roads; or

      (c) Parks and recreation,

Ê may, by majority vote, request the Nevada Tax Commission to direct the Executive Director to allocate money from the Account to the local government or special district pursuant to the provisions of NRS 360.680 and 360.690.

      2.  On or before December 31 of the year immediately preceding the first fiscal year that the local government or special district would receive money from the Account, a governing body that submits a request pursuant to subsection 1 must:

      (a) Submit the request to the Executive Director; and

      (b) Provide copies of the request and any information it submits to the Executive Director in support of the request to each local government and special district that:

             (1) Receives money from the Account; and

             (2) Is located within the same county.

      3.  The Executive Director shall review each request submitted pursuant to subsection 1 and submit his or her findings to the Committee on Local Government Finance. In reviewing the request, the Executive Director shall:

      (a) For the initial year of distribution, establish an amount to be allocated to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690. If the new local government or special district will provide a service that was provided by another local government or special district before the creation of the new local government or special district, the amount allocated to the local government or special district which previously provided the service must be decreased by the amount allocated to the new local government or special district; and

      (b) Consider:

             (1) The effect of the distribution of money in the Account, pursuant to the provisions of NRS 360.680 and 360.690, to the new local government or special district on the amounts that the other local governments and special districts that are located in the same county will receive from the Account; and

             (2) The comparison of the amount established to be allocated pursuant to the provisions of NRS 360.680 and 360.690 for the new local government or special district to the amounts allocated to the other local governments and special districts that are located in the same county.

      4.  The Committee on Local Government Finance shall review the findings submitted by the Executive Director pursuant to subsection 3. If the Committee determines that the distribution of money in the Account to the new local government or special district is appropriate, it shall submit a recommendation to the Nevada Tax Commission. If the Committee determines that the distribution is not appropriate, that decision is not subject to review by the Nevada Tax Commission.

      5.  The Nevada Tax Commission shall schedule a public hearing within 30 days after the Committee on Local Government Finance submits its recommendation. The Nevada Tax Commission shall provide public notice of the hearing at least 10 days before the date on which the hearing will be held.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1666 (Chapter 317, SB 188)ê

 

of the hearing at least 10 days before the date on which the hearing will be held. The Executive Director shall provide copies of all documents relevant to the recommendation of the Committee on Local Government Finance to the governing body of each local government and special district that is located in the same county as the new local government or special district.

      6.  If, after the public hearing, the Nevada Tax Commission determines that the recommendation of the Committee on Local Government Finance is appropriate, it shall order the Executive Director to distribute money in the Account to the new local government or special district pursuant to the provisions of NRS 360.680 and 360.690.

      7.  For the purposes of this section, the local government or special district may enter into an interlocal agreement with another governmental entity for the provision of the services set forth in subsection 1 if that local government or special district compensates the governmental entity that provides the services in an amount equal to the value of those services.

      8.  As used in this section:

      (a) “Construction, maintenance and repair of roads” includes the acquisition, operation or use of any material, equipment or facility that is used exclusively for the construction, maintenance or repair of a road and that is necessary for the safe and efficient use of the road except alleys and pathways for bicycles that are separate from the roadway and, including, without limitation:

             (1) Grades or regrades;

             (2) Gravel;

             (3) Oiling;

             (4) Surfacing;

             (5) Macadamizing;

             (6) Paving;

             (7) Cleaning;

             (8) Sanding or snow removal;

             (9) Crosswalks;

             (10) Sidewalks;

             (11) Culverts;

             (12) Catch basins;

             (13) Drains;

             (14) Sewers;

             (15) Manholes;

             (16) Inlets;

             (17) Outlets;

             (18) Retaining walls;

             (19) Bridges;

             (20) Overpasses;

             (21) Tunnels;

             (22) Underpasses;

             (23) Approaches;

             (24) Sprinkling facilities;

             (25) Artificial lights and lighting equipment;

             (26) Parkways;

             (27) Fences or barriers that control access to the road;

             (28) Control of vegetation;

             (29) Rights-of-way;

             (30) Grade separators;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1667 (Chapter 317, SB 188)ê

 

             (31) Traffic separators;

             (32) Devices and signs for control of traffic;

             (33) Facilities for personnel who construct, maintain or repair roads; and

             (34) Facilities for the storage of equipment or materials used to construct, maintain or repair roads.

      (b) “Fire protection” includes the provision of services related to:

             (1) The prevention and suppression of fire; and

             (2) Rescue,

Ê and the acquisition and maintenance of the equipment necessary to provide those services.

      (c) “Parks and recreation” includes the employment by the local government or special district, on a permanent and full-time basis, of persons who administer and maintain recreational facilities and parks. “Parks and recreation” does not include the construction or maintenance of roadside parks or rest areas that are constructed or maintained by the local government or special district as part of the construction, maintenance and repair of roads.

      (d) “Police protection” includes the employment by the local government or special district, on a permanent and full-time basis, of at least three persons whose primary functions specifically include:

             (1) Routine patrol;

             (2) Criminal investigations;

             (3) Enforcement of traffic laws; and

             (4) Investigation of motor vehicle [accidents.] crashes.

      Sec. 83. NRS 391.180 is hereby amended to read as follows:

      391.180  1.  As used in this section, “employee” means any employee of a school district or charter school in this State.

      2.  A school month in any public school in this State consists of 4 weeks of 5 days each.

      3.  Nothing contained in this section prohibits the payment of employees’ compensation in 12 equal monthly payments for 9 or more months’ work.

      4.  The per diem deduction from the salary of an employee because of absence from service for reasons other than those specified in this section is that proportion of the yearly salary which is determined by the ratio between the duration of the absence and the total number of contracted workdays in the year.

      5.  Boards of trustees shall either prescribe by regulation or negotiate pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of sick leave, payment for unused sick leave, sabbatical leave, personal leave, professional leave, military leave and such other leave as they determine to be necessary or desirable for employees. In addition, boards of trustees may either prescribe by regulation or negotiate pursuant to chapter 288 of NRS with respect to the payment of unused sick leave to licensed teachers in the form of purchase of service pursuant to subsection 4 of NRS 286.300. The amount of service so purchased must not exceed the number of hours of unused sick leave or 1 year, whichever is less.

      6.  The salary of any employee unavoidably absent because of personal illness , [or] accident [,] or motor vehicle crash, or because of serious illness, accident , motor vehicle crash or death in the family, may be paid up to the number of days of sick leave accumulated by the employee. An employee may not be credited with more than 15 days of sick leave in any 1 school year.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1668 (Chapter 317, SB 188)ê

 

may not be credited with more than 15 days of sick leave in any 1 school year. Except as otherwise provided in this subsection, if an employee takes a position with another school district or charter school, all sick leave that the employee has accumulated must be transferred from the employee’s former school district or charter school to his or her new school district or charter school. The amount of sick leave so transferred may not exceed the maximum amount of sick leave which may be carried forward from one year to the next according to the applicable negotiated agreement or the policy of the district or charter school into which the employee transferred. Unless the applicable negotiated agreement or policy of the employing district or charter school provides otherwise, such an employee:

      (a) Shall first use the sick leave credited to the employee from the district or charter school into which the employee transferred before using any of the transferred leave; and

      (b) Is not entitled to compensation for any sick leave transferred pursuant to this subsection.

      7.  Subject to the provisions of subsection 8:

      (a) If an intermission of less than 6 days is ordered by the board of trustees of a school district or the governing body of a charter school for any good reason, no deduction of salary may be made therefor.

      (b) If, on account of sickness, epidemic or other emergency in the community, a longer intermission is ordered by the board of trustees of a school district, the governing body of a charter school or a board of health and the intermission or closing does not exceed 30 days at any one time, there may be no deduction or discontinuance of salaries.

      8.  If the board of trustees of a school district or the governing body of a charter school orders an extension of the number of days of school to compensate for the days lost as the result of an intermission because of those reasons contained in paragraph (b) of subsection 7, an employee may be required to render his or her services to the school district or charter school during that extended period. If the salary of the employee was continued during the period of intermission as provided in subsection 7, the employee is not entitled to additional compensation for services rendered during the extended period.

      9.  If any subject referred to in this section is included in an agreement or contract negotiated by:

      (a) The board of trustees of a school district pursuant to chapter 288 of NRS; or

      (b) The governing body of a charter school pursuant to NRS 386.595,

Ê the provisions of the agreement or contract regarding that subject supersede any conflicting provisions of this section or of a regulation of the board of trustees.

      Sec. 84. NRS 392.320 is hereby amended to read as follows:

      392.320  1.  As used in this section, “vehicles” means the school buses, station wagons, automobiles and other motor or mechanically propelled vehicles required by the school district for the transportation of pupils.

      2.  The board of trustees of a school district shall use transportation funds of the school district for:

      (a) The purchase, rent, hire and use of vehicles, and for necessary equipment, supplies and articles therefor.

      (b) Necessary repairs of vehicles to keep them in safe and workable condition.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1669 (Chapter 317, SB 188)ê

 

      (c) The employment and compensation of capable and reliable drivers of vehicles and other employees necessary for the transportation of pupils and other authorized persons.

      (d) Insuring vehicles owned, rented, hired, used or operated by or under the direction or supervision of the board of trustees. Such insurance shall:

             (1) Be of such an amount as the board of trustees may be able to obtain and the regulations of the State Board of Education require as sufficient to protect the board of trustees, the pupils being transported, and their parents, guardians or legal representatives from loss or damage resulting from acts covered by the insurance.

             (2) Especially insure against loss and damage resulting from or on account of injury or death of any pupil being transported, caused by [collision] a crash or any accident during the operation of any such vehicle.

      Sec. 85. NRS 392.410 is hereby amended to read as follows:

      392.410  1.  Except as otherwise provided in this subsection, every school bus operated for the transportation of pupils to or from school must be equipped with:

      (a) A system of flashing red lights of a type approved by the State Board and installed at the expense of the school district or operator. Except as otherwise provided in subsection 2, the driver shall operate this signal:

             (1) When the bus is stopped to unload pupils.

             (2) When the bus is stopped to load pupils.

             (3) In times of emergency , [or] accident [,] or motor vehicle crash, when appropriate.

      (b) A mechanical device, attached to the front of the bus which, when extended, causes persons to walk around the device. The device must be approved by the State Board and installed at the expense of the school district or operator. The driver shall operate the device when the bus is stopped to load or unload pupils. The installation of such a mechanical device is not required for a school bus which is used solely to transport pupils with special needs who are individually loaded and unloaded in a manner which does not require them to walk in front of the bus. The provisions of this paragraph do not prohibit a school district from upgrading or replacing such a mechanical device with a more efficient and effective device that is approved by the State Board.

      2.  A driver may stop to load and unload pupils in a designated area without operating the system of flashing red lights required by subsection 1 if the designated area:

      (a) Has been designated by a school district and approved by the Department;

      (b) Is of sufficient depth and length to provide space for the bus to park at least 8 feet off the traveled portion of the roadway;

      (c) Is not within an intersection of roadways;

      (d) Contains ample space between the exit door of the bus and the parking area to allow safe exit from the bus;

      (e) Is located so as to allow the bus to reenter the traffic from its parked position without creating a traffic hazard; and

      (f) Is located so as to allow pupils to enter and exit the bus without crossing the roadway.

      3.  In addition to the equipment required by subsection 1 and except as otherwise provided in subsection 4 of NRS 392.400, each school bus must:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1670 (Chapter 317, SB 188)ê

 

      (a) Be equipped and identified as required by the regulations of the State Board; and

      (b) If the bus is a new bus purchased by a school district to transport pupils, meet the standards set forth in:

             (1) Subsection 1 of NRS 392.405 if the bus is purchased on or after January 1, 2016; and

             (2) Subsection 2 or 3 of NRS 392.405 if the bus is purchased on or after July 1, 2016.

      4.  The agents and employees of the Department of Motor Vehicles shall inspect school buses to determine whether the provisions of this section concerning equipment and identification of the school buses have been complied with, and shall report any violations discovered to the superintendent of schools of the school district wherein the vehicles are operating.

      5.  If the superintendent of schools fails or refuses to take appropriate action to correct any such violation within 10 days after receiving notice of it from the Department of Motor Vehicles, the superintendent is guilty of a misdemeanor, and upon conviction must be removed from office.

      6.  Any person who violates any of the provisions of this section is guilty of a misdemeanor.

      Sec. 86. NRS 394.545 is hereby amended to read as follows:

      394.545  1.  A driving school:

      (a) Must be located more than 200 feet from any office of the Department of Motor Vehicles;

      (b) Must have the equipment necessary to instruct students in the safe operation of motor vehicles and maintain the equipment in a safe condition; and

      (c) Must have insurance in at least the following amounts:

             (1) For bodily injury to or death of two or more persons in one [accident,] crash, $40,000; and

             (2) For damage to property in any one [accident,] crash, $10,000.

      2.  The Department of Motor Vehicles may review and approve or disapprove any application to issue, renew or revoke a license for a driving school. The Department of Motor Vehicles may, at any time, inspect a licensed driving school and may recommend that its license be suspended or revoked. The Administrator shall investigate and recommend to the Commission the appropriate action.

      Sec. 87. NRS 396.328 is hereby amended to read as follows:

      396.328  The Police Department for the System shall, within 7 days after receipt of a written request of a person who claims to have sustained damages as a result of [an accident,] a crash, or the person’s legal representative or insurer, and upon receipt of a reasonable fee to cover the cost of reproduction, provide the person, his or her legal representative or insurer, as applicable, with a copy of the [accident] crash report and all statements by witnesses and photographs in the possession or under the control of the Department that concern the [accident,] crash, unless:

      1.  The materials are privileged or confidential pursuant to a specific statute; or

      2.  The [accident] crash involved:

      (a) The death or substantial bodily harm of a person;

      (b) Failure to stop at the scene of [an accident;] a crash; or

      (c) The commission of a felony.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1671 (Chapter 317, SB 188)ê

 

      Sec. 88. NRS 408.100 is hereby amended to read as follows:

      408.100  Recognizing that safe and efficient highway transportation is a matter of important interest to all the people of the State, and that an adequate highway system is a vital part of the national defense, the Legislature hereby determines and declares that:

      1.  An integrated system of state highways and roads is essential to the general welfare of the State.

      2.  Providing such a system of facilities, its efficient management, maintenance and control is recognized as a problem and as the proper prospective of highway legislation.

      3.  Inadequate highways and roads obstruct the free flow of traffic, resulting in undue cost of motor vehicle operation, endangering the health and safety of the citizens of the State, depreciating property values, and impeding general economic and social progress of the State.

      4.  In designating the highways and roads of the State as provided in this chapter, the Legislature places a high degree of trust in the hands of those officials whose duty it is, within the limits of available funds, to plan, develop, operate, maintain, control and protect the highways and roads of this state, for present as well as for future use.

      5.  To this end, it is the express intent of the Legislature to make the Board of Directors of the Department of Transportation custodian of the state highways and roads and to provide sufficiently broad authority to enable the Board to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate proposed in this chapter.

      6.  The Legislature intends:

      (a) To declare, in general terms, the powers and duties of the Board of Directors, leaving specific details to be determined by reasonable regulations and declarations of policy which the Board may promulgate.

      (b) By general grant of authority to the Board of Directors to delegate sufficient power and authority to enable the Board to carry out the broad objectives contained in this chapter.

      7.  The problem of establishing and maintaining adequate highways and roads, eliminating congestion, reducing [accident] crash frequency and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

      8.  The Legislature hereby finds, determines and declares that this chapter is necessary for the preservation of the public safety, the promotion of the general welfare, the improvement and development of facilities for transportation in the State, and other related purposes necessarily included therein, and as a contribution to the system of national defense.

      9.  The words “construction,” “maintenance” and “administration” used in Section 5 of Article 9 of the Constitution of the State of Nevada are broad enough to be construed to include and as contemplating the construction, maintenance and administration of the state highways and roads as established by this chapter and the landscaping, roadside improvements and planning surveys of the state highways and roads.

      Sec. 89. NRS 408.210 is hereby amended to read as follows:

      408.210  1.  Except as otherwise provided in NRS 484D.655, the Director of the Department of Transportation may restrict the use of, or close, any highway whenever the Director considers the closing or restriction of use necessary:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1672 (Chapter 317, SB 188)ê

 

      (a) For the protection of the public.

      (b) For the protection of such highway from damage during storms or during construction, reconstruction, improvement or maintenance operations thereon.

      (c) To promote economic development or tourism in the best interest of the State or upon the written request of the Executive Director of the Office of Economic Development or the Director of the Department of Tourism and Cultural Affairs.

      2.  The Director of the Department of Transportation may:

      (a) Divide or separate any highway into separate roadways, wherever there is particular danger to the traveling public of [collisions] crashes between vehicles proceeding in opposite directions or from vehicular turning movements or cross-traffic, by constructing curbs, central dividing sections or other physical dividing lines, or by signs, marks or other devices in or on the highway appropriate to designate the dividing line.

      (b) Lay out and construct frontage roads on and along any highway or freeway and divide and separate any such frontage road from the main highway or freeway by means of curbs, physical barriers or by other appropriate devices.

      3.  The Director may remove from the highways any unlicensed encroachment which is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within 5 days after personal service of notice and demand upon the owner of the encroachment or the owner’s agent. In lieu of personal service upon that person or agent, service of the notice may also be made by registered or certified mail and by posting, for a period of 5 days, a copy of the notice on the encroachment described in the notice. Removal by the Department of the encroachment on the failure of the owner to comply with the notice and demand gives the Department a right of action to recover the expense of the removal, cost and expenses of suit, and in addition thereto the sum of $100 for each day the encroachment remains beyond 5 days after the service of the notice and demand.

      4.  If the Director determines that the interests of the Department are not compromised by a proposed or existing encroachment, the Director may issue a license to the owner or the owner’s agent permitting an encroachment on the highway. Such a license is revocable and must provide for relocation or removal of the encroachment in the following manner. Upon notice from the Director to the owner of the encroachment or the owner’s agent, the owner or agent may propose a time within which he or she will relocate or remove the encroachment as required. If the Director and the owner or the owner’s agent agree upon such a time, the Director shall not himself or herself remove the encroachment unless the owner or the owner’s agent has failed to do so within the time agreed. If the Director and the owner or the owner’s agent do not agree upon such a time, the Director may remove the encroachment at any time later than 30 days after the service of the original notice upon the owner or the owner’s agent. Service of notice may be made in the manner provided by subsection 3. Removal of the encroachment by the Director gives the Department the right of action provided by subsection 3, but the penalty must be computed from the expiration of the agreed period or 30-day period, as the case may be.

      Sec. 90. NRS 408.561 is hereby amended to read as follows:

      408.561  1.  The Department may establish at centers a toll-free telephone system for members of the traveling public to make reservations at hotels, motels, campgrounds and other places of public accommodation.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1673 (Chapter 317, SB 188)ê

 

hotels, motels, campgrounds and other places of public accommodation. The cost of this system, reduced pursuant to subsection 2 if applicable, must be apportioned among the hotels, motels, campgrounds and other businesses that participate in the system.

      2.  If the Department uses the telephone system established pursuant to subsection 1 as a method for members of the public to report fires, accidents , motor vehicle crashes or other emergencies or to receive information concerning the conditions for driving on certain highways, the Department shall pay a proportionate share of the cost of the system.

      Sec. 91. NRS 408.569 is hereby amended to read as follows:

      408.569  The Department shall establish along one or more frequently traveled highways of this state a system of communication for members of the general public to report fires, accidents , motor vehicle crashes or other emergencies and to receive information concerning the conditions for driving on certain highways.

      Sec. 92. NRS 424.250 is hereby amended to read as follows:

      424.250  1.  A provider of foster care shall not use physical restraint on a child placed with the provider unless the child presents an imminent threat of danger of harm to himself or herself or others.

      2.  A foster care agency shall notify the licensing authority or its designee when any serious incident, accident , motor vehicle crash or injury occurs to a child in its care within 24 hours after the incident, accident , motor vehicle crash or injury. The foster care agency shall provide a written report to the licensing authority or its designee as soon as practicable after notifying the licensing authority or its designee. The written report must include, without limitation, the date and time of the incident, accident , motor vehicle crash or injury, any action taken as a result of the incident, accident , motor vehicle crash or injury, the name of the employee of the foster care agency who completed the written report and the name of the employee of the licensing authority or its designee who was notified.

      3.  A foster care agency shall report any potential violation of the provisions of this chapter or any regulations adopted pursuant thereto relating to licensing to the licensing authority within 24 hours after an employee of the foster care agency becomes aware of the potential violation. A foster care agency shall cooperate with the licensing authority in its review of such reports and support each foster home with which the foster care agency has a contract for the placement of children in completing any action required to correct a violation.

      4.  A foster care agency shall fully comply with any investigation of a report of the abuse or neglect of a child pursuant to NRS 432B.220.

      Sec. 93. NRS 426.510 is hereby amended to read as follows:

      426.510  1.  Except as otherwise provided in subsections 2, 3 and 4, a person shall not:

      (a) Use a service animal; or

      (b) Carry or use on any street or highway or in any other public place a cane or walking stick which is white or metallic in color, or white tipped with red.

      2.  A person who is blind may use a service animal and a cane or walking stick which is white or metallic in color, or white tipped with red.

      3.  A person who is deaf may use a service animal.

      4.  A person with a physical disability may use a service animal.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1674 (Chapter 317, SB 188)ê

 

      5.  Any pedestrian who approaches or encounters a person who is blind using a service animal or carrying a cane or walking stick, white or metallic in color, or white tipped with red, shall immediately come to a full stop and take such precautions before proceeding as may be necessary to avoid accident , motor vehicle crash or injury to the person who is blind.

      6.  Any person other than a person who is blind who:

      (a) Uses a service animal or carries a cane or walking stick such as is described in this section, contrary to the provisions of this section;

      (b) Fails to heed the approach of a person using a service animal or carrying such a cane as is described by this section;

      (c) Fails to come to a stop upon approaching or coming in contact with a person so using a service animal or so carrying such a cane or walking stick; or

      (d) Fails to take precaution against accident , motor vehicle crash or injury to such a person after coming to a stop as provided for in this section,

Ê is guilty of a misdemeanor.

      7.  This section does not apply to any person who is instructing a person who is blind, person who is deaf or person with a physical disability or training a service animal.

      Sec. 94. NRS 428.010 is hereby amended to read as follows:

      428.010  1.  Except as otherwise provided in NRS 422.382, to the extent that money may be lawfully appropriated by the board of county commissioners for this purpose pursuant to NRS 428.050, 428.285 and 450.425, every county shall provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease , [or] accident [,] or motor vehicle crash, lawfully resident therein, when those persons are not supported or relieved by their relatives or guardians, by their own means, or by state hospitals, or other state, federal or private institutions or agencies.

      2.  Except as otherwise provided in NRS 439B.330, the boards of county commissioners of the several counties shall establish and approve policies and standards, prescribe a uniform standard of eligibility, appropriate money for this purpose and appoint agents who will develop regulations and administer these programs to provide care, support and relief to the poor, indigent, incompetent and those incapacitated by age, disease , [or] accident [.] or motor vehicle crash.

      Sec. 95. NRS 428.165 is hereby amended to read as follows:

      428.165  “Injury in a motor vehicle [accident”] crash” means any personal injury [accidentally] caused in, by or as the proximate result of the movement of a motor vehicle on a public street or highway, whether the injured person was the operator of the vehicle or another vehicle, a passenger in the vehicle or another vehicle, a pedestrian, or had some other relationship to the movement of a vehicle.

      Sec. 96. NRS 428.215 is hereby amended to read as follows:

      428.215  Whenever hospital care is furnished to a person on account of an injury suffered by the person in a motor vehicle [accident,] crash, the hospital shall use reasonable diligence to collect the amount of the charges for that care from the patient or any other person responsible for the support of the patient. The hospital may request the board of county commissioners of the county in which:

      1.  The [accident] crash occurred, if the person is not a resident of this state and the [accident] crash occurred in this state; or

      2.  The person resides, if the person is a resident of this state,

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1675 (Chapter 317, SB 188)ê

 

Ê to determine whether the person who received the care is an indigent person.

      Sec. 97. NRS 428.255 is hereby amended to read as follows:

      428.255  1.  Any reimbursement or partial reimbursement made from the Fund for unpaid charges for hospital care furnished to a person which are not greater than $3,000, is a charge upon the county in which:

      (a) The [accident] crash occurred, if the person is not a resident of this state and the [accident] crash occurred in this state; or

      (b) The person resides, if the person is a resident of this state,

Ê and must be paid to the Fund upon a claim presented by the Board as other claims against the county are paid.

      2.  Money paid by a county pursuant to this section must be accounted for separately and expended in accordance with the provisions of subsection 3 of NRS 428.175.

      Sec. 98. NRS 432A.500 is hereby amended to read as follows:

      432A.500  1.  A field administrator shall ensure that each group of clients does not hike beyond the physical limitations of the weakest member of the group. If the outdoor temperature is greater than 90 degrees Fahrenheit, clients must not be allowed to hike between 10 a.m. and 6 p.m.

      2.  The field staff shall:

      (a) Provide clients with daily instruction upon:

             (1) Federal, state and local laws and regulations for the protection of the environment; and

             (2) Conducting themselves in such a manner as not to have an adverse effect on the environment.

      (b) Maintain a common daily log of all accidents, motor vehicle crashes, injuries, administrations of medication, behavioral problems and any unusual incidents that occur. The log must be in bound form, except that a log may be recorded electronically while on an expedition if it is transcribed into a bound volume immediately after the expedition. All entries must be in permanent ink and signed by the entrant. A provider or field administrator shall, upon request, allow any authorized member or employee of the Division to inspect the log, and shall not allow any person to alter or destroy the log or any of its entries.

      (c) While on an expedition, carry an itinerary of the expedition, including the intended schedule, and a map of the route for the expedition.

      Sec. 99. NRS 433.484 is hereby amended to read as follows:

      433.484  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1676 (Chapter 317, SB 188)ê

 

             (1) The consumer if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the consumer’s legal guardian, if any;

             (2) The parent or guardian of a consumer under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a consumer of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

            (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a consumer as provided in paragraph (b) may be withdrawn by the consumer in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any consumer who has been injured in an accident or motor vehicle crash or who is suffering from an acute illness, disease or condition, if within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the consumer and if the treatment is immediately entered into the consumer’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

      2.  To be free from abuse, neglect and aversive intervention.

      3.  To consent to the consumer’s transfer from one facility to another, except that the Administrator of the Division of Public and Behavioral Health of the Department or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission shall review the transfer pursuant to subsection 3 of NRS 433.534.

      4.  Other rights concerning care, treatment and training as may be specified by regulation of the Commission.

      Sec. 100. NRS 435.570 is hereby amended to read as follows:

      435.570  Each consumer admitted for evaluation, treatment or training to a facility has the following rights concerning care, treatment and training, a list of which must be prominently posted in all facilities providing those services and must be otherwise brought to the attention of the consumer by such additional means as prescribed by regulation:

      1.  To medical, psychosocial and rehabilitative care, treatment and training including prompt and appropriate medical treatment and care for physical and mental ailments and for the prevention of any illness or disability.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1677 (Chapter 317, SB 188)ê

 

disability. All of that care, treatment and training must be consistent with standards of practice of the respective professions in the community and is subject to the following conditions:

      (a) Before instituting a plan of care, treatment or training or carrying out any necessary surgical procedure, express and informed consent must be obtained in writing from:

             (1) The consumer if he or she is 18 years of age or over or legally emancipated and competent to give that consent, and from the consumer’s legal guardian, if any;

             (2) The parent or guardian of a consumer under 18 years of age and not legally emancipated; or

             (3) The legal guardian of a consumer of any age who has been adjudicated mentally incompetent;

      (b) An informed consent requires that the person whose consent is sought be adequately informed as to:

             (1) The nature and consequences of the procedure;

             (2) The reasonable risks, benefits and purposes of the procedure; and

             (3) Alternative procedures available;

      (c) The consent of a consumer as provided in paragraph (b) may be withdrawn by the consumer in writing at any time with or without cause;

      (d) Even in the absence of express and informed consent, a licensed and qualified physician may render emergency medical care or treatment to any consumer who has been injured in an accident or motor vehicle crash or who is suffering from an acute illness, disease or condition if, within a reasonable degree of medical certainty, delay in the initiation of emergency medical care or treatment would endanger the health of the consumer and if the treatment is immediately entered into the consumer’s record of treatment, subject to the provisions of paragraph (e); and

      (e) If the proposed emergency medical care or treatment is deemed by the chief medical officer of the facility to be unusual, experimental or generally occurring infrequently in routine medical practice, the chief medical officer shall request consultation from other physicians or practitioners of healing arts who have knowledge of the proposed care or treatment.

      2.  To be free from abuse, neglect and aversive intervention.

      3.  To consent to the consumer’s transfer from one facility to another, except that the Administrator of the Division or the Administrator’s designee, or the Administrator of the Division of Child and Family Services of the Department or the Administrator’s designee, may order a transfer to be made whenever conditions concerning care, treatment or training warrant it. If the consumer in any manner objects to the transfer, the person ordering it must enter the objection and a written justification of the transfer in the consumer’s record of treatment and immediately forward a notice of the objection to the Administrator who ordered the transfer, and the Commission on Behavioral Health shall review the transfer pursuant to subsection 3 of NRS 435.610.

      4.  Other rights concerning care, treatment and training as may be specified by regulation.

      Sec. 101. NRS 439B.280 is hereby amended to read as follows:

      439B.280  The major hospitals shall sponsor an educational program to promote wellness, physical fitness and the prevention of disease , [and] accidents [.] and motor vehicle crashes. The program must be:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1678 (Chapter 317, SB 188)ê

 

      1.  Administered and carried out by the participating hospitals; and

      2.  Approved by the Director.

      Sec. 102. NRS 445B.100 is hereby amended to read as follows:

      445B.100  1.  It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the State.

      2.  It is the intent of NRS 445B.100 to 445B.640, inclusive, to:

      (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada;

      (b) Maintain cooperative programs between the State and its local governments; and

      (c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within a single jurisdiction.

      3.  The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640, inclusive, are enacted in the exercise of the police power of this State to protect the health, peace, safety and general welfare of its people.

      4.  It is also the public policy of this State:

      (a) To provide for the integration of all programs for the prevention of accidents and motor vehicle crashes in this State involving chemicals, including, without limitation, accidents and motor vehicle crashes involving hazardous air pollutants, highly hazardous chemicals, highly hazardous substances and extremely hazardous substances; and

      (b) Periodically to retire a portion of the emission credits or allocations specified in NRS 445B.235 that may otherwise be available for banking or for sale pursuant to that section.

      Sec. 103. NRS 450.400 is hereby amended to read as follows:

      450.400  1.  When the privileges and use of the hospital are extended to a resident of another county who is reasonably believed to be indigent, as defined in NRS 439B.310, and who is:

      (a) Entitled under the laws of this state to relief, support, care, nursing, medicine or medical or surgical aid from the other county; or

      (b) Injured, maimed or falls sick in the other county,

Ê the governing head shall notify the board of county commissioners of that county within 3 working days after the person is admitted to that hospital.

      2.  The notice must be in writing and addressed to the board of county commissioners of that county.

      3.  Except in the case of an injury suffered in a motor vehicle [accident,] crash, the board of county commissioners receiving the notice shall cause the person to be removed immediately to that county, and shall pay a reasonable sum to the hospital for the temporary occupancy, care, nursing, medicine, and attendance, other than medical or surgical attendance, furnished to the person.

      4.  If the board of county commissioners neglects or refuses to remove the person, or if in the opinion of the attending physician it is not advisable to remove the person, the governing head has a legal claim against the county for all charges for occupancy, nursing, care, medicine, and attendance, other than medical or surgical attendance, necessarily furnished, and may recover those charges in a suit at law.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1679 (Chapter 317, SB 188)ê

 

      Sec. 104. NRS 455.103 is hereby amended to read as follows:

      455.103  “Unexpected occurrence” includes, but is not limited to, fire, flood, earthquake or other cause of the movement of the soil, or a riot, an accident , a motor vehicle crash or an act of sabotage that causes damage to a subsurface installation which requires immediate repair.

      Sec. 105. NRS 455B.470 is hereby amended to read as follows:

      455B.470  1.  A person using a recreation area who is involved in a [collision] motor vehicle crash or an accident in which another person is injured shall provide his or her name and current address to the injured person and the operator or an authorized agent or employee of the operator:

      (a) Before the person leaves the vicinity of the [collision] crash or accident; or

      (b) As soon as reasonably possible after leaving the vicinity of the [collision] crash or accident to secure aid for the injured person.

      2.  A person who violates a provision of this section is guilty of a misdemeanor.

      Sec. 106. NRS 459.38195 is hereby amended to read as follows:

      459.38195  1.  The Division may investigate an accident or a motor vehicle crash occurring in connection with a process that involves one or more highly hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which presented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cause of the accident or motor vehicle crash if the owner or operator of the facility:

      (a) Is unwilling to commence and has not commenced an investigation in a timely manner; or

      (b) Is not capable of and has not retained expertise capable of conducting an investigation.

      2.  If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the operation of the facility, cooperate with the Division by:

      (a) Allowing the Division:

             (1) To investigate the accident or crash site and directly related facilities, including, without limitation, control rooms;

             (2) To examine physical evidence; and

             (3) If practicable, to inspect equipment both externally and internally;

      (b) Providing the Division with pertinent documents; and

      (c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the facility and the employees to be represented by legal counsel, management representatives and union representatives during the interviews.

      3.  To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the facility and its employees.

      4.  The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section and may recover its costs for such services from the owner or operator of the facility.

      5.  If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident or crash occurred.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1680 (Chapter 317, SB 188)ê

 

subsection 4, may be recovered by the Division from the owner or operator of the facility at which the accident or crash occurred.

      6.  The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by the Division in conducting the investigation.

      Sec. 107. NRS 459.3864 is hereby amended to read as follows:

      459.3864  1.  When there is an accident or motor vehicle crash which poses a significant danger to public health and safety, or a near accident or motor vehicle crash of this nature, in a facility or a group of facilities, or when the Governor declares that a committee to oversee the management of risks in a facility, or group of facilities, would be in the best interests of the public health and safety, the Governor shall create such a committee for the facility or group of facilities which may represent a catastrophic threat to public health and safety.

      2.  To the extent practicable, the Governor shall appoint the members of the committee from the membership of the State Emergency Response Commission.

      3.  The Governor shall appoint to the committee at least three persons who represent the facility or group of facilities which may represent a catastrophic threat to public health and safety.

      4.  The Governor shall appoint the chair and may appoint a co-chair of the committee from among the members.

      5.  The Division shall provide to the committee necessary resources such as clerical assistance and funding sufficient for the committee to perform its duties.

      Sec. 108. NRS 459.500 is hereby amended to read as follows:

      459.500  1.  Except as otherwise provided in NRS 459.700 to 459.780, inclusive, or 459.800 to 459.856, inclusive:

      (a) Regulations of the Commission must provide:

             (1) For safety in the packaging, handling, transportation and disposal of hazardous waste;

             (2) For the certification of consultants involved in consultation regarding the response to and the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks, the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance, or the management of hazardous waste;

             (3) That a person employed full-time by a business to act as such a consultant is exempt from the requirements of certification if the person:

                   (I) Meets the applicable requirements of 29 C.F.R. § 1910.120 to manage such waste, materials or substances; and

                   (II) Is acting in the course of that full-time employment; and

             (4) For the certification of laboratories that perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and 459.800 to 459.856, inclusive, to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in soil or water.

      (b) Regulations of the Commission may:

             (1) Provide for the licensing and other necessary regulation of generators, including shippers and brokers, who cause that waste to be transported into or through Nevada or for disposal in Nevada;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1681 (Chapter 317, SB 188)ê

 

             (2) Require that the person responsible for a spill, leak , [or] accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, obtain advice on the proper handling of the spill, leak , [or] accident or motor vehicle crash from a consultant certified under the regulations adopted pursuant to paragraph (a); and

             (3) Establish standards relating to the education, experience, performance and financial responsibility required for the certification of consultants.

      2.  The regulations may include provisions for:

      (a) Fees to pay the cost of inspection, certification and other regulation, excluding any activities conducted pursuant to NRS 459.7052 to 459.728, inclusive; and

      (b) Administrative penalties of not more than $2,500 per violation or $10,000 per shipment for violations by persons licensed by the Department, and the criminal prosecution of violations of its regulations by persons who are not licensed by the Department.

      3.  Designated employees of the Department and the Nevada Highway Patrol Division shall enforce the regulations of the Commission relating to the transport and handling of hazardous waste and the leakage or spill of that waste from packages.

      Sec. 109. NRS 459.512 is hereby amended to read as follows:

      459.512  1.  The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the State Fire Marshal for training emergency personnel who respond to the scene of accidents or motor vehicle crashes involving hazardous materials a fee of $4.50 per ton of the volume received for the disposal of hazardous waste by the facility.

      2.  The owner or operator of a facility for the management of hazardous waste shall, in addition to any other applicable fees, pay to the Department to offset partially the cost incurred by the Public Utilities Commission of Nevada for inspecting and otherwise ensuring the safety of any shipment of hazardous materials transported by rail car through or within this State a fee of $1.50 per ton of the volume received for the disposal of hazardous waste by the facility.

      3.  The operator of such a facility shall pay the fees provided in this section, based upon the volume of hazardous waste received by the facility during each quarter of the calendar year, within 30 days after the end of each quarter. The Department may assess and collect a penalty of 2 percent of the unpaid balance for each month, or portion thereof, that the fee remains due.

      Sec. 110. NRS 459.535 is hereby amended to read as follows:

      459.535  1.  Except as otherwise provided in NRS 459.537 and subsection 2 of this section, the money in the Account for the Management of Hazardous Waste may be expended only to pay the costs of:

      (a) The continuing observation or other management of hazardous waste;

      (b) Establishing and maintaining a program of certification of consultants involved in the clean up of leaks of hazardous waste, hazardous material or a regulated substance from underground storage tanks or the clean up of spills of or accidents or motor vehicle crashes involving hazardous waste, hazardous material or a regulated substance;

      (c) Training persons to respond to accidents , motor vehicle crashes or other emergencies related to hazardous materials, including any basic training by the State Fire Marshal which is necessary to prepare personnel for advanced training related to hazardous materials;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1682 (Chapter 317, SB 188)ê

 

training by the State Fire Marshal which is necessary to prepare personnel for advanced training related to hazardous materials;

      (d) Establishing and maintaining a program by the Public Utilities Commission of Nevada to inspect and otherwise ensure the safety of any shipment of hazardous materials transported by rail car through or within the State; and

      (e) Financial incentives and grants made in furtherance of the program developed pursuant to paragraph (c) of subsection 2 of NRS 459.485 for the minimization, recycling and reuse of hazardous waste.

      2.  Money in the Account for the Management of Hazardous Waste may be expended to provide matching money required as a condition of any federal grant for the purposes of NRS 459.800 to 459.856, inclusive, or for any other purpose authorized by the Legislature.

      Sec. 111. NRS 459.537 is hereby amended to read as follows:

      459.537  1.  If the person responsible for a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance does not act promptly and appropriately to clean and decontaminate the affected area properly, and if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment, money from the Account for the Management of Hazardous Waste may be expended to pay the costs of:

      (a) Responding to the leak, spill , [or] accident [;] or crash;

      (b) Coordinating the efforts of state, local and federal agencies responding to the leak, spill , [or] accident [;] or crash;

      (c) Managing the cleaning and decontamination of an area for the disposal of hazardous waste or the site of the leak, spill , [or] accident [;] or crash;

      (d) Removing or contracting for the removal of hazardous waste, hazardous material or a regulated substance which presents an imminent danger to human health, public safety or the environment; or

      (e) Services rendered in responding to the leak, spill , [or] accident [,] or crash, by consultants certified pursuant to regulations adopted by the Commission.

      2.  Except as otherwise provided in this subsection or NRS 459.610 to 459.658, inclusive, the Director shall demand reimbursement of the Account for money expended pursuant to subsection 1 from any person who is responsible for the accident, crash, leak or spill, or who owns or controls the hazardous waste, hazardous material or a regulated substance, or the area used for the disposal of the waste, material or substance. Payment of the reimbursement is due within 60 days after the person receives notice from the Director of the amount due. The provisions of this section do not apply to a spill or leak of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

      3.  At the request of the Director, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

      4.  As used in this section:

      (a) “Does not act promptly and appropriately” means that the person:

             (1) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1683 (Chapter 317, SB 188)ê

 

             (2) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

             (3) Does not act upon the commitment within 24 hours after making it;

             (4) Does not clean and decontaminate the affected area properly; or

             (5) Does not act immediately to clean and decontaminate the affected area properly, if his or her inaction presents an imminent and substantial hazard to human health, public safety or the environment.

      (b) “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving hazardous waste, hazardous material or a regulated substance, including, without limitation, efforts to:

             (1) Contain and dispose of the hazardous waste, hazardous material or regulated substance.

             (2) Clean and decontaminate the area affected by the leak, spill , [or] accident [.] or crash.

             (3) Investigate the occurrence of the leak, spill , [or] accident [.] or crash.

      Sec. 112. NRS 459.718 is hereby amended to read as follows:

      459.718  1.  A person responsible for the care, custody or control of a hazardous material which is involved in an accident , motor vehicle crash or incident occurring during the transportation of the hazardous material by a motor carrier, including any accident , motor vehicle crash or incident occurring during any loading, unloading or temporary storage of the hazardous material while it is subject to active shipping papers and before it has reached its ultimate consignee, shall notify the Division, consistent with the requirements of 49 C.F.R. § 171.15, as soon as practicable if, as a result of the hazardous material:

      (a) A person is killed;

      (b) A person receives injuries that require hospitalization;

      (c) Any damage to property exceeds $50,000;

      (d) There is an evacuation of the general public for 1 hour or more;

      (e) One or more major transportation routes or facilities are closed or shut down for 1 hour or more;

      (f) There is an alteration in the operational flight pattern or routine of any aircraft;

      (g) Any radioactive contamination is suspected;

      (h) Any contamination by an infectious substance is suspected;

      (i) There is a release of a liquid marine pollutant in excess of 450 liters or a solid marine pollutant in excess of 400 kilograms; or

      (j) Any situation exists at the site of the accident , motor vehicle crash or incident which, in the judgment of the person responsible for the care, custody or control of the hazardous material, should be reported to the Division.

      2.  The notification required pursuant to this section must include:

      (a) The name of the person providing the notification;

      (b) The name and address of the motor carrier represented by that person;

      (c) The telephone number where that person can be contacted;

      (d) The date, time and location of the accident , crash or incident;

      (e) The extent of any injuries;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1684 (Chapter 317, SB 188)ê

 

      (f) The classification, name and quantity of the hazardous material involved, if that information is available; and

      (g) The type of accident , crash or incident, the nature of the hazardous material involved and whether there is a continuing danger to life at the scene of the accident , crash or incident.

      3.  A person may satisfy the requirements of this section by providing the information specified in subsection 2 to the person who responds to a telephone call placed to:

      (a) The number 911 in an area where that number is used for emergencies; or

      (b) The number zero in an area where the number 911 is not used for emergencies.

      Sec. 113. NRS 459.735 is hereby amended to read as follows:

      459.735  1.  The Contingency Account for Hazardous Materials is hereby created in the State General Fund.

      2.  The Commission shall administer the Contingency Account for Hazardous Materials. Except as otherwise provided in subsection 4, the money in the Account may be expended for:

      (a) Carrying out the provisions of NRS 459.735 to 459.773, inclusive;

      (b) Carrying out the provisions of 42 U.S.C. §§ 11001 et seq. and 49 U.S.C. §§ 5101 et seq.;

      (c) Maintaining and supporting the operations of the Commission and local emergency planning committees;

      (d) Training and equipping state and local personnel to respond to accidents , motor vehicle crashes and incidents involving hazardous materials;

      (e) The operation of training programs and a training center for handling emergencies relating to hazardous materials and related fires pursuant to NRS 477.045; and

      (f) Any other purpose authorized by the Legislature.

      3.  All money received by this State pursuant to 42 U.S.C. §§ 11001 et seq. or 49 U.S.C. §§ 5101 et seq. must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. In addition, all money received by the Commission from any source must be deposited with the State Treasurer to the credit of the Contingency Account for Hazardous Materials. The State Controller shall transfer from the Contingency Account to the Operating Account of the State Fire Marshal such money collected pursuant to chapter 477 of NRS as is authorized for expenditure in the budget of the State Fire Marshal for use pursuant to paragraph (e) of subsection 2.

      4.  Any fees deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials pursuant to subsection 5 of NRS 482.379365 must be accounted for separately and must be expended to provide financial assistance to this State or to local governments in this State to support preparedness to combat terrorism, including, without limitation, planning, training and purchasing supplies and equipment, or for any other purpose authorized by the Legislature.

      5.  Upon the presentation of budgets in the manner required by law, money to support the operation of the Commission pursuant to this chapter, other than its provision of grants, must be provided by direct legislative appropriation from the State Highway Fund or other legislative authorization to the Contingency Account for Hazardous Materials.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1685 (Chapter 317, SB 188)ê

 

      6.  The interest and income earned on the money in the Contingency Account for Hazardous Materials, after deducting any applicable charges, must be credited to the Account.

      7.  All claims against the Contingency Account for Hazardous Materials must be paid as other claims against the State are paid.

      Sec. 114. NRS 459.748 is hereby amended to read as follows:

      459.748  As used in NRS 459.750 to 459.770, inclusive:

      1.  “Does not act promptly and appropriately” means that the person:

      (a) Cannot be notified of the incident within 2 hours after the initial attempt to contact the person;

      (b) Does not, within 2 hours after receiving notification of the incident, make an oral or written commitment to clean and decontaminate the affected area properly;

      (c) Does not act upon the commitment within 24 hours after making it;

      (d) Does not clean and decontaminate the affected area properly; or

      (e) Does not act immediately to clean and decontaminate the affected area properly, if the inaction of the person presents an imminent and substantial hazard to human health, public safety or the environment.

      2.  “Responding” means any efforts to mitigate, attempt to mitigate or assist in the mitigation of the effects of a spill of or accident or motor vehicle crash involving hazardous material, including, without limitation, efforts to:

      (a) Contain and dispose of the hazardous material.

      (b) Clean and decontaminate the area affected by the spill , [or] accident [.] or crash.

      (c) Investigate the occurrence of the spill , [or] accident [.] or crash.

      Sec. 115. NRS 459.750 is hereby amended to read as follows:

      459.750  Any person who possessed or had in his or her care any hazardous material involved in a spill , [or] accident or motor vehicle crash requiring the cleaning and decontamination of the affected area is responsible for that cleaning and decontamination.

      Sec. 116. NRS 459.755 is hereby amended to read as follows:

      459.755  If the person responsible for hazardous material involved in a spill , [or] accident or motor vehicle crash does not act promptly and appropriately to clean and decontaminate the affected area, and if the inaction of the person presents an imminent and substantial hazard to human health, public safety, any property or the environment, money from the Contingency Account for Hazardous Materials may be expended to pay the costs of:

      1.  Responding to a spill of or an accident or motor vehicle crash involving hazardous material;

      2.  Coordinating the efforts of state, local and federal agencies responding to a spill of or an accident or motor vehicle crash involving hazardous material;

      3.  Managing the cleaning and decontamination of an area for the disposal of hazardous material or the site of a spill of or an accident or motor vehicle crash involving hazardous material; or

      4.  Removing or contracting for the removal of hazardous material which presents an imminent danger to human health, public safety or the environment.

      Sec. 117. NRS 459.760 is hereby amended to read as follows:

      459.760  1.  Except as otherwise provided in this subsection, any state agency accruing expenses in responding to a spill of or an accident or motor vehicle crash involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1686 (Chapter 317, SB 188)ê

 

vehicle crash involving hazardous material may present an itemized accounting of those expenses with a demand for reimbursement of those expenses to the person responsible for the hazardous material. Payment of the reimbursement must be made within 60 days after the person receives notice from the agency of the amount due. The provisions of this section do not apply to a spill of or an accident or motor vehicle crash involving natural gas or liquefied petroleum gas while it is under the responsibility of a public utility.

      2.  If the state agency cannot recover the full amount of reimbursement from the person responsible, it may report to the Commission its need for additional funding. The Commission shall notify the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means during a regular or special session of the Legislature, or the Interim Finance Committee if the Legislature is not in session, of the state agency’s need for additional funding.

      3.  At the request of the state agency, and at any time after the payment for reimbursement is due, the Attorney General shall initiate recovery by legal action of the amount of any unpaid reimbursement plus interest at a rate determined pursuant to NRS 17.130 computed from the date of the incident.

      Sec. 118. NRS 459.765 is hereby amended to read as follows:

      459.765  Any reimbursement and penalty recovered by the Attorney General from a person responsible for hazardous material involved in a spill or accident or motor vehicle crash must be deposited with the State Treasurer for credit to the Contingency Account for Hazardous Materials.

      Sec. 119. NRS 459.770 is hereby amended to read as follows:

      459.770  Any county or city in this State may adopt an ordinance authorizing its legal representative to initiate recovery by legal action from the person responsible for any hazardous material involved in a spill , [or] accident or motor vehicle crash of the amount of any costs incurred by the county or city in responding to the spill of or accident or motor vehicle crash involving hazardous material.

      Sec. 120. NRS 459.773 is hereby amended to read as follows:

      459.773  1.  The State Fire Marshal shall, in cooperation with local fire departments, develop a reference guide for use by state and local personnel who respond to accidents , motor vehicle crashes and incidents involving hazardous materials. The reference guide must provide information which is readily accessible regarding procedures for responding to the first critical moments of an accident , motor vehicle crash or incident involving hazardous materials.

      2.  The State Fire Marshal shall make available, upon request, the reference guide developed pursuant to subsection 1 to local governments, state and local personnel who respond to accidents , motor vehicle crashes and incidents involving hazardous materials and students enrolled in training programs for responding to accidents , motor vehicle crashes and incidents involving hazardous materials.

      Sec. 121. NRS 459.930 is hereby amended to read as follows:

      459.930  1.  Notwithstanding any other provision of law to the contrary and regardless of whether he or she is a participant in a program, a person who:

      (a) Is a bona fide prospective purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1687 (Chapter 317, SB 188)ê

 

pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (b) Is an innocent purchaser is not liable for any response action or cleanup that may be required with respect to any real property pursuant to NRS 445A.300 to 445A.730, inclusive, 445B.100 to 445B.640, inclusive, 459.400 to 459.600, inclusive, or any other applicable provision of law.

      (c) Owns real property that:

             (1) Is contiguous to or otherwise similarly situated with respect to; and

             (2) Is or may be contaminated by a release or threatened release of a hazardous substance from,

Ê other real property that the person does not own, is not liable for any response action or cleanup that may be required with respect to the release or threatened release, provided that the person meets the requirements set forth in section 107(q)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(q)(1).

      2.  A person described in paragraph (a), (b) or (c) of subsection 1 shall report to the Division, in a manner prescribed by the Commission:

      (a) Any of the following substances that are found on or at real property owned by the person:

             (1) Hazardous substances at or above the required reporting levels designated pursuant to sections 102 and 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §§ 9602 and 9603; and

             (2) Petroleum products of such type and in such amount as are required by the Division to be reported; and

      (b) Any response action or cleanup that has been performed with respect to the real property described in paragraph (a).

      3.  The provisions of this section do not otherwise limit the authority of the Administrator, the Commission or the Division to require any person who is responsible for the contamination or pollution of real property, by improperly managing hazardous substances at or on that real property, to perform a response action or cleanup with respect to that real property.

      4.  If there are costs relating to a response action or cleanup that are incurred and unrecovered by the State of Nevada with respect to real property for which a bona fide prospective purchaser of the real property is not liable pursuant to the provisions of this section, the State of Nevada:

      (a) Has a lien against that real property in an amount not to exceed the increase in the fair market value of the real property that is attributable to the response action or cleanup, which increase in fair market value must be measured at the time of the sale or other disposition of the real property; or

      (b) May, with respect to those incurred and unrecovered costs and by agreement with the bona fide prospective purchaser of the real property, obtain from that bona fide prospective purchaser:

             (1) A lien on any other real property owned by the bona fide prospective purchaser; or

             (2) Another form of assurance or payment that is satisfactory to the Administrator.

      5.  The provisions of this section:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1688 (Chapter 317, SB 188)ê

 

      (a) Do not affect the liability in tort of any party; and

      (b) Apply only to real property that is acquired on or after the date that is 60 days after May 26, 2003.

      6.  As used in this section:

      (a) “Administrator” means the Administrator of the Division.

      (b) “Bona fide prospective purchaser” has the meaning ascribed to it in section 101(40) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601(40).

      (c) “Commission” means the State Environmental Commission.

      (d) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources.

      (e) “Hazardous substance” has the meaning ascribed to it in NRS 459.620.

      (f) “Innocent purchaser” means a person who qualifies for the exemption from liability set forth in section 107(b)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9607(b)(3).

      (g) “Participant” has the meaning ascribed to it in NRS 459.622.

      (h) “Program” means a program of voluntary cleanup and relief from liability set forth in NRS 459.610 to 459.658, inclusive.

      (i) “Response action” means any action to mitigate, attempt to mitigate or assist in the mitigation of the effects of a leak or spill of or an accident or motor vehicle crash involving a hazardous substance, including, without limitation, any action to:

             (1) Contain and dispose of the hazardous substance;

             (2) Clean and decontaminate the area affected by the leak, spill , [or] accident [;] or crash; or

             (3) Investigate the occurrence of the leak, spill , [or] accident [.] or crash.

      Sec. 122. NRS 590.615 is hereby amended to read as follows:

      590.615  When the Board finds, under such conditions as may arise, a variation from its rules, regulations or specifications which does not impair the safety of the public and persons using the materials which would otherwise be secure by compliance with such rules, regulations or specifications, the Board may, upon written application, consideration and investigation, grant a variance from the terms of the rules, regulations or specifications on such conditions as it may specify to insure the safety of the public and persons using the materials or services. In granting the variance, the Board shall take into consideration one or more of the following circumstances or conditions and the application shall specify which of them are relied upon:

      1.  The purpose and meaning embodied in the regulation from which the variance is requested and its relative importance in balancing the interests of the licensee and the community or public.

      2.  The reasons why the rules, regulations or specifications cannot be complied with.

      3.  If a consumer tank is involved, whether or not a fire hazard will be created or is maintained.

      4.  The openings which may or may not be made into any buildings below any regulator or container vents.

      5.  Whether or not the adjacent walls or exposures are fireproof.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1689 (Chapter 317, SB 188)ê

 

      6.  Whether or not the installation will be safe in the event the variance is allowed.

      7.  Whether or not the installation will be exposed to [collision] crashes by moving vehicles.

      8.  Any other factors or considerations which impose a hardship on the licensee or which the Board deems appropriate for the granting of a variance.

      Sec. 123. NRS 618.015 is hereby amended to read as follows:

      618.015  1.  It is the purpose of this chapter to provide safe and healthful working conditions for every employee by:

      (a) Establishing regulations;

      (b) Effectively enforcing such regulations;

      (c) Educating and training employees; and

      (d) Establishing reporting procedures for job-related accidents , motor vehicle crashes and illnesses.

      2.  The Legislature finds that such safety and health in employment is a matter greatly affecting the public interest of this State.

      Sec. 124. NRS 618.378 is hereby amended to read as follows:

      618.378  1.  Any accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees or which results in the hospitalization of three or more employees must be reported by the employer orally to the nearest office of the Division within 8 hours after the time that the accident or crash is reported to any agent or employee of the employer. A report submitted to the Division pursuant to the provisions of this subsection must include:

      (a) The name of the employer;

      (b) The location and time of the accident [;] or crash;

      (c) The number of employees killed or hospitalized as a result of the accident [;] or crash;

      (d) A brief description of the accident [;] or crash; and

      (e) The name of a person who may be contacted by the Division for further information.

Ê Upon receipt of such a report, the Division shall notify the employer of the estimated time that the Division’s investigator will arrive at the site of the accident [.] or crash. The Division shall initiate an investigation at the site of the accident or crash within 8 hours after receiving the report.

      2.  An industrial insurer shall provide to the Division a monthly report setting forth the number, type and severity of industrial injuries and occupational diseases reported or claimed by employees in the preceding month. The report must identify the employer and be sorted according to the employer’s Standard Industrial Classification or classification for the purposes of industrial insurance. The Division shall by regulation prescribe the form for the report made pursuant to this subsection. As used in this subsection, “industrial insurer” has the meaning ascribed to the term “insurer” in NRS 616A.270.

      3.  All employers shall maintain accurate records and make reports to the United States Assistant Secretary of Labor in the same manner and to the same extent as if this chapter were not in effect.

      4.  The Division shall make such reasonable reports to the Assistant Secretary of Labor in such form and containing such information as the Assistant Secretary of Labor may from time to time require.

      5.  Requests for variances to federal recordkeeping and reporting regulations must be submitted to and obtained from the Bureau of Labor Statistics, United States Department of Labor.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1690 (Chapter 317, SB 188)ê

 

Statistics, United States Department of Labor. All variances granted by the Bureau of Labor Statistics must be respected by the Division.

      Sec. 125. NRS 618.3785 is hereby amended to read as follows:

      618.3785  1.  If an accident or motor vehicle crash occurs in the course of employment which is fatal to one or more employees or which results in the hospitalization of three or more injured employees, the Division shall, as soon as practicable:

      (a) Provide to each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee a written description of the rights of such persons with regard to an investigation of the accident [;] or crash; and

      (b) Notify each injured employee, the immediate family of each deceased or injured employee and each representative of each deceased or injured employee of:

             (1) The commencement by the Division of any investigation of the accident [;] or crash;

             (2) The result of any informal conference between the employer and the Division;

             (3) The finalization of any agreement between an employer and the Division which formally settles an issue related to the accident [;] or crash;

             (4) The issuance of any citation under the provisions of this chapter related to the accident [;] or crash;

             (5) The receipt by the Division of notice from an employer that the employer wishes to contest or appeal any action or decision of the Division which relates to the accident [;] or crash; and

             (6) The completion by the Division and, if applicable, the Board of any investigation of the accident or crash and any proceeding related to the accident [.] or crash.

      2.  As used in this section, “representative of each deceased or injured employee” means:

      (a) A person previously identified to the Division as an authorized representative of the employee bargaining unit of a labor organization which has a collective bargaining relationship with the employer of the employee and represents the employee.

      (b) An attorney acting on behalf of the employee.

      (c) A person designated by a court to act as the official representative for the employee or the estate of the employee.

      Sec. 126. NRS 618.379 is hereby amended to read as follows:

      618.379  1.  Except as otherwise provided in subsection 2, if any accident or motor vehicle crash occurring in the course of employment is fatal to one or more employees or results in the hospitalization of three or more employees, and is caused, in whole or in part, by any equipment located at the site of the accident [,] or crash, no person may dismantle or otherwise move that equipment until the Division has investigated the accident or crash and has authorized the dismantling or removal of the equipment.

      2.  The provisions of subsection 1 do not apply if the dismantling or removal of the equipment is necessary to free any person trapped by the equipment or to ensure the safety of or to prevent further injury to any person. If any equipment is dismantled or moved to free a trapped person, the equipment may be dismantled or moved only to the extent necessary to free the person.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1691 (Chapter 317, SB 188)ê

 

      3.  Upon the occurrence of an accident or crash described in subsection 1, the employer of an injured employee shall, upon the arrival of an investigator of the Division at the site of the accident [,] or crash, make available for questioning in a reasonable amount of time any person employed by the employer who is determined by the investigator to be necessary for the completion of the investigation, including the immediate supervisor of any injured employee and any employee who witnessed the accident [.] or crash.

      4.  As used in this section, “accident or motor vehicle crash occurring in the course of employment” does not include:

      (a) An accident or crash involving a motor vehicle that is being operated on a public highway in this State.

      (b) A homicide committed at an employer’s place of business.

      Sec. 127. NRS 618.475 is hereby amended to read as follows:

      618.475  1.  If, after an inspection or investigation, the Division issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the Division that the employer wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the Division, the employer fails to notify the Division that the employer intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond the reasonable control of the employer, the Division shall issue an order affirming or modifying the abatement requirements in the citation.

      2.  In the case of an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, if an employer notifies the Division that the employer wishes to contest a citation or proposed assessment of penalty, the Division shall provide the Board with information as to how to contact the immediate family of each deceased employee.

      3.  Any employee or the representative of the employee alleging that the time fixed in the citation for the abatement of a violation by his or her employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearing before the review board.

      4.  If no appeal is filed by an employee or the representative of the employee under subsection 2 of this section within the time limit of 15 working days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.

      Sec. 128. NRS 618.480 is hereby amended to read as follows:

      618.480  1.  During an investigation of an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, the Division shall use its best efforts to interview the immediate family of each deceased employee to obtain any information relevant to the investigation, including, without limitation, information which the deceased employee shared with the immediate family.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1692 (Chapter 317, SB 188)ê

 

family of each deceased employee to obtain any information relevant to the investigation, including, without limitation, information which the deceased employee shared with the immediate family.

      2.  If, after the investigation of the accident [,] or crash, the Division issues a citation under the provisions of this chapter, the Division shall offer to enter into a discussion with the immediate family of each deceased employee within a reasonable time after the Division issues the citation.

      3.  During the discussion described in subsection 2, the Division shall provide each family with:

      (a) Information regarding the citation and abatement process;

      (b) Information regarding the means by which the family may obtain a copy of the final incident report and abatement decision of the Division; and

      (c) Any other information that the Division deems relevant and necessary to inform the family of the outcome of the investigation by the Division.

      Sec. 129. NRS 618.605 is hereby amended to read as follows:

      618.605  1.  Upon the receipt of any written appeal or notice of contest under NRS 618.475, the Division shall within 15 working days notify the Board of such an appeal or contest.

      2.  The Board shall hold a formal fact-finding hearing and render its decision based on the evidence presented at the hearing.

      3.  Prior to any formal fact-finding hearing involving a citation for an accident or motor vehicle crash occurring in the course of employment which is fatal to one or more employees, the Board shall notify the immediate family of each deceased employee of:

      (a) The time and place of the hearing; and

      (b) The fact that the hearing is open to the public.

      4.  Any employee of an employer or representative of the employee may participate in and give evidence at the hearing, subject to rules and regulations of the Board governing the conduct of such hearings.

      Sec. 130. NRS 634.018 is hereby amended to read as follows:

      634.018  “Unprofessional conduct” means:

      1.  Obtaining a certificate upon fraudulent credentials or gross misrepresentation.

      2.  Procuring, or aiding or abetting in procuring, criminal abortion.

      3.  Assuring that a manifestly incurable disease can be permanently cured.

      4.  Advertising, by any form of public communication, a chiropractic practice:

      (a) Using grossly improbable statements; or

      (b) In any manner that will tend to deceive, defraud or mislead the public.

Ê As used in this subsection, “public communication” includes, but is not limited to, communications by means of television, radio, newspapers, books and periodicals, motion picture, handbills or other printed matter.

      5.  Willful disobedience of the law, or of the regulations of the State Board of Health or of the Chiropractic Physicians’ Board of Nevada.

      6.  Conviction of any offense involving moral turpitude, or the conviction of a felony. The record of the conviction is conclusive evidence of unprofessional conduct.

      7.  Administering, dispensing or prescribing any controlled substance.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1693 (Chapter 317, SB 188)ê

 

      8.  Conviction or violation of any federal or state law regulating the possession, distribution or use of any controlled substance. The record of conviction is conclusive evidence of unprofessional conduct.

      9.  Habitual intemperance or excessive use of alcohol or alcoholic beverages or any controlled substance.

      10.  Conduct unbecoming a person licensed to practice chiropractic or detrimental to the best interests of the public.

      11.  Violating, or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of this chapter or the regulations adopted by the Board, or any other statute or regulation pertaining to the practice of chiropractic.

      12.  Employing, directly or indirectly, any suspended or unlicensed practitioner in the practice of any system or mode of treating the sick or afflicted, or the aiding or abetting of any unlicensed person to practice chiropractic under this chapter.

      13.  Repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner.

      14.  Solicitation by the licensee or the licensee’s designated agent of any person who, at the time of the solicitation, is vulnerable to undue influence, including, without limitation, any person known by the licensee to have recently been involved in a motor vehicle [accident,] crash, involved in a work-related accident, or injured by, or as the result of the actions of, another person. As used in this subsection:

      (a) “Designated agent” means a person who renders service to a licensee on a contract basis and is not an employee of the licensee.

      (b) “Solicitation” means the attempt to acquire a new patient through information obtained from a law enforcement agency, medical facility or the report of any other party, which information indicates that the potential new patient may be vulnerable to undue influence, as described in this subsection.

      15.  Employing, directly or indirectly, any person as a chiropractor’s assistant unless the person has been issued a certificate by the Board pursuant to NRS 634.123, or has applied for such a certificate and is awaiting the determination of the Board concerning the application.

      16.  Aiding, abetting, commanding, counseling, encouraging, inducing or soliciting an insurer or other third-party payor to reduce or deny payment or reimbursement for the care or treatment of a patient, unless such action is supported by:

      (a) The medical records of the patient; or

      (b) An examination of the patient by the chiropractic physician taking such action.

      17.  Violating a lawful order of the Board, a lawful agreement with the Board, or any of the provisions of this chapter or any regulation adopted pursuant thereto.

      Sec. 131. NRS 648.012 is hereby amended to read as follows:

      648.012  “Private investigator” means any person who for any consideration engages in business or accepts employment to furnish, or agrees to make or makes any investigation for the purpose of obtaining, including, without limitation, through the review, analysis and investigation of computerized data not available to the public, information with reference to:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1694 (Chapter 317, SB 188)ê

 

      1.  The identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of any person;

      2.  The location, disposition or recovery of lost or stolen property;

      3.  The cause or responsibility for fires, libels, losses, accidents , motor vehicle crashes or damage or injury to persons or to property;

      4.  A crime or tort that has been committed, attempted, threatened or suspected, except an expert witness or a consultant who is retained for litigation or a trial, or in anticipation of litigation or a trial, and who performs duties and tasks within his or her field of expertise that are necessary to form his or her opinion;

      5.  Securing evidence to be used before any court, board, officer or investigating committee; or

      6.  The prevention, detection and removal of surreptitiously installed devices for eavesdropping or observation.

      Sec. 131.3. Chapter 679A of NRS is hereby amended by adding thereto a new section to read as follows:

      The term “crash” has the same meaning as an incident or event previously referred to as an “accident” when used in reference to motor vehicles.

      Sec. 132. NRS 687B.145 is hereby amended to read as follows:

      687B.145  1.  Any policy of insurance or endorsement providing coverage under the provisions of NRS 690B.020 or other policy of casualty insurance may provide that if the insured has coverage available to the insured under more than one policy or provision of coverage, any recovery or benefits may equal but not exceed the higher of the applicable limits of the respective coverages, and the recovery or benefits must be prorated between the applicable coverages in the proportion that their respective limits bear to the aggregate of their limits. Any provision which limits benefits pursuant to this section must be in clear language and be prominently displayed in the policy, binder or endorsement. Any limiting provision is void if the named insured has purchased separate coverage on the same risk and has paid a premium calculated for full reimbursement under that coverage.

      2.  Except as otherwise provided in subsection 5, insurance companies transacting motor vehicle insurance in this State must offer, on a form approved by the Commissioner, uninsured and underinsured vehicle coverage in an amount equal to the limits of coverage for bodily injury sold to an insured under a policy of insurance covering the use of a passenger car. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage. Uninsured and underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer which the insured is legally entitled to recover from the owner or operator of the other vehicle to the extent that those damages exceed the limits of the coverage for bodily injury carried by that owner or operator. If an insured suffers actual damages subject to the limitation of liability provided pursuant to NRS 41.035, underinsured vehicle coverage must include a provision which enables the insured to recover up to the limits of the insured’s own coverage any amount of damages for bodily injury from the insured’s insurer for the actual damages suffered by the insured that exceed that limitation of liability.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1695 (Chapter 317, SB 188)ê

 

any amount of damages for bodily injury from the insured’s insurer for the actual damages suffered by the insured that exceed that limitation of liability.

      3.  An insurance company transacting motor vehicle insurance in this State must offer an insured under a policy covering the use of a passenger car, the option of purchasing coverage in an amount of at least $1,000 for the payment of reasonable and necessary medical expenses resulting from [an accident.] a crash. The offer must be made on a form approved by the Commissioner. The insurer is not required to reoffer the coverage to the insured in any replacement, reinstatement, substitute or amended policy, but the insured may purchase the coverage by requesting it in writing from the insurer. Each renewal must include a copy of the form offering such coverage.

      4.  An insurer who makes a payment to an injured person on account of underinsured vehicle coverage as described in subsection 2 is not entitled to subrogation against the underinsured motorist who is liable for damages to the injured payee. This subsection does not affect the right or remedy of an insurer under subsection 5 of NRS 690B.020 with respect to uninsured vehicle coverage. As used in this subsection, “damages” means the amount for which the underinsured motorist is alleged to be liable to the claimant in excess of the limits of bodily injury coverage set by the underinsured motorist’s policy of casualty insurance.

      5.  An insurer need not offer, provide or make available uninsured or underinsured vehicle coverage in connection with a general commercial liability policy, an excess policy, an umbrella policy or other policy that does not provide primary motor vehicle insurance for liabilities arising out of the ownership, maintenance, operation or use of a specifically insured motor vehicle.

      6.  As used in this section:

      (a) “Excess policy” means a policy that protects a person against loss in excess of a stated amount or in excess of coverage provided pursuant to another insurance contract.

      (b) “Passenger car” has the meaning ascribed to it in NRS 482.087.

      (c) “Umbrella policy” means a policy that protects a person against losses in excess of the underlying amount required to be covered by other policies.

      Sec. 133. NRS 690B.020 is hereby amended to read as follows:

      690B.020  1.  Except as otherwise provided in this section and NRS 690B.035, no policy insuring against liability arising out of the ownership, maintenance or use of any motor vehicle may be delivered or issued for delivery in this State unless coverage is provided therein or supplemental thereto for the protection of persons insured thereunder who are legally entitled to recover damages, from owners or operators of uninsured or hit-and-run motor vehicles, for bodily injury, sickness or disease, including death, resulting from the ownership, maintenance or use of the uninsured or hit-and-run motor vehicle. No such coverage is required in or supplemental to a policy issued to the State of Nevada or any political subdivision thereof, or where rejected in writing, on a form furnished by the insurer describing the coverage being rejected, by an insured named therein, or upon any renewal of such a policy unless the coverage is then requested in writing by the named insured. The coverage required in this section may be referred to as “uninsured vehicle coverage.”

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1696 (Chapter 317, SB 188)ê

 

      2.  The amount of coverage to be provided must be not less than the minimum limits for liability insurance for bodily injury provided for under chapter 485 of NRS, but may be in an amount not to exceed the coverage for bodily injury purchased by the policyholder.

      3.  For the purposes of this section, the term “uninsured motor vehicle” means a motor vehicle:

      (a) With respect to which there is not available at the Department of Motor Vehicles evidence of financial responsibility as required by chapter 485 of NRS;

      (b) With respect to the ownership, maintenance or use of which there is no liability insurance for bodily injury or bond applicable at the time of the [accident] crash or, to the extent of such deficiency, any liability insurance for bodily injury or bond in force is less than the amount required by NRS 485.210;

      (c) With respect to the ownership, maintenance or use of which the company writing any applicable liability insurance for bodily injury or bond denies coverage or is insolvent;

      (d) Used without the permission of its owner if there is no liability insurance for bodily injury or bond applicable to the operator;

      (e) Used with the permission of its owner who has insurance which does not provide coverage for the operation of the motor vehicle by any person other than the owner if there is no liability insurance for bodily injury or bond applicable to the operator; or

      (f) The owner or operator of which is unknown or after reasonable diligence cannot be found if:

             (1) The bodily injury or death has resulted from physical contact of the automobile with the named insured or the person claiming under the named insured or with an automobile which the named insured or such a person is occupying; and

             (2) The named insured or someone on behalf of the named insured has reported the [accident] crash within the time required by NRS 484E.030, 484E.040 or 484E.050 to the police department of the city where it occurred or, if it occurred in an unincorporated area, to the sheriff of the county or to the Nevada Highway Patrol.

      4.  For the purposes of this section, the term “uninsured motor vehicle” also includes, subject to the terms and conditions of coverage, an insured other motor vehicle where:

      (a) The liability insurer of the other motor vehicle is unable because of its insolvency to make payment with respect to the legal liability of its insured within the limits specified in its policy;

      (b) The occurrence out of which legal liability arose took place while the uninsured vehicle coverage required under paragraph (a) was in effect; and

      (c) The insolvency of the liability insurer of the other motor vehicle existed at the time of, or within 2 years after, the occurrence.

Ê Nothing contained in this subsection prevents any insurer from providing protection from insolvency to its insureds under more favorable terms.

      5.  If payment is made to any person under uninsured vehicle coverage, and subject to the terms of the coverage, to the extent of such payment the insurer is entitled to the proceeds of any settlement or recovery from any person legally responsible for the bodily injury as to which payment was made, and to amounts recoverable from the assets of the insolvent insurer of the other motor vehicle.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1697 (Chapter 317, SB 188)ê

 

      6.  A vehicle involved in a [collision] crash which results in bodily injury or death shall be presumed to be an uninsured motor vehicle if no evidence of financial responsibility is supplied to the Department of Motor Vehicles in the manner required by chapter 485 of NRS within 60 days after the [collision] crash occurs.

      Sec. 134. NRS 690B.029 is hereby amended to read as follows:

      690B.029  1.  A policy of insurance against liability arising out of the ownership, maintenance or use of a motor vehicle delivered or issued for delivery in this State to a person who is 55 years of age or older must contain a provision for the reduction in the premiums for 3-year periods if the insured:

      (a) Successfully completes, after attaining 55 years of age and every 3 years thereafter, a course of traffic safety approved by the Department of Motor Vehicles; and

      (b) For the 3-year period before completing the course of traffic safety and each 3-year period thereafter:

             (1) Is not involved in [an accident] a crash involving a motor vehicle for which the insured is at fault;

             (2) Maintains a driving record free of violations; and

             (3) Has not been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, a moving traffic violation or an offense involving:

                   (I) The operation of a motor vehicle while under the influence of intoxicating liquor or a controlled substance; or

                   (II) Any other conduct prohibited by NRS 484C.110, 484C.120, 484C.130 or 484C.430 or a law of any other jurisdiction that prohibits the same or similar conduct.

      2.  The reduction in the premiums provided for in subsection 1 must be based on the actuarial and loss experience data available to each insurer and must be approved by the Commissioner. Each reduction must be calculated based on the amount of the premium before any reduction in that premium is made pursuant to this section, and not on the amount of the premium once it has been reduced.

      3.  A course of traffic safety that an insured is required to complete as the result of moving traffic violations must not be used as the basis for a reduction in premiums pursuant to this section.

      4.  The organization that offers a course of traffic safety approved by the Department of Motor Vehicles shall issue a certificate to each person who successfully completes the course. A person must use the certificate to qualify for the reduction in the premiums pursuant to this section.

      5.  The Commissioner shall review and approve or disapprove a policy of insurance that offers a reduction in the premiums pursuant to subsection 1. An insurer must receive written approval from the Commissioner before delivering or issuing a policy with a provision containing such a reduction.

      Sec. 135. NRS 695B.220 is hereby amended to read as follows:

      695B.220  Blanket hospital or blanket medical or dental service contracts may be issued to a college or school or to the head or principal thereof or to the governing board of any school district providing for services to pupils of such schools when such services are required as the result of accident or motor vehicle crash to such pupils while they are required to be in or on buildings or other premises of the school or district during the time they are required to be therein or thereon by reason of their attendance upon a college or regular day school or any regular day school of a school district or while being transported to and from school or other place of instruction.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1698 (Chapter 317, SB 188)ê

 

a college or regular day school or any regular day school of a school district or while being transported to and from school or other place of instruction. No pupil shall be compelled to accept such service without the consent of a parent or guardian of the pupil.

      Sec. 136. NRS 704.140 is hereby amended to read as follows:

      704.140  1.  It is unlawful for any person engaged in business as a public utility to give or furnish to any state, district, county or municipal officer of this State, or to any person other than those named herein, any pass, frank, free or reduced transportation, or for any state, district, county or municipal officer to accept any pass, frank, free or reduced transportation.

      2.  This section does not prevent the carriage, storage or hauling of property free or at reduced rates for the United States, the State of Nevada or any political subdivision thereof for charitable purposes.

      3.  This chapter does not prohibit a public utility from giving free or reduced rates for transportation of:

      (a) Its own officers, commission agents, employees, attorneys, physicians and surgeons and members of their families, and pensioned ex-employees and ex-employees with disabilities, their minor children or dependents, or witnesses attending any legal investigation in which such carrier is interested.

      (b) Inmates of hospitals or charitable institutions and persons over 65 years of age.

      (c) Persons with physical or mental disabilities who present a written statement from a physician to that effect.

      (d) Persons injured in accidents or [wrecks] motor vehicle crashes and physicians and nurses attending such persons.

      (e) Persons providing relief in cases of common disaster, or for contractors and their employees, in carrying out their contract with such carrier.

      (f) Peace officers when on official duty.

      (g) Attendants of livestock or other property requiring the care of an attendant, including return passage to the place of shipment, if there is no discrimination among such shippers of a similar class.

      (h) Employees of other carriers subject to regulation in any respect by the Commission, or for the officers, agents, employees, attorneys, physicians and surgeons of such other carriers, and the members of their families.

      4.  This chapter does not prohibit public utilities from giving reduced rates for transportation to:

      (a) Indigent, destitute or homeless persons, when under the care or responsibility of charitable societies, institutions or hospitals, and the necessary agents employed in such transportation.

      (b) Students of institutions of learning.

      5.  “Employees,” as used in this section, includes furloughed, pensioned and superannuated employees, and persons who have become disabled or infirm in the service of any such carrier, and persons traveling for the purpose of entering the service of any such carrier.

      6.  Any person violating the provisions of this section shall be punished by a fine of not more than $500.

      Sec. 137. NRS 704.190 is hereby amended to read as follows:

      704.190  1.  Every public utility operating in this State shall, whenever an accident or motor vehicle crash occurs in the conduct of its operation causing death, give prompt notice thereof to the Commission, in such manner and within such time as the Commission may prescribe.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1699 (Chapter 317, SB 188)ê

 

and within such time as the Commission may prescribe. If, in its judgment, the public interest requires it, the Commission may cause an investigation to be made forthwith of any accident [,] or crash, at such place and in such manner as the Commission deems best.

      2.  Every such public utility shall report to the Commission, at the time, in the manner and on such forms as the Commission by its printed rules and regulations prescribes, all accidents or crashes happening in this State and occurring in, on or about the premises, plant, instrumentality or facility used by any such utility in the conduct of its business.

      3.  The Commission shall adopt all reasonable rules and regulations necessary for the administration and enforcement of this section. The rules and regulations must require that all accidents or crashes required to be reported pursuant to this section be reported to the Commission at least once every calendar month by such officer or officers of the utility as the Commission directs.

      4.  The Commission shall adopt and utilize all accident and crash report forms, which must be so designed as to provide a concise and accurate report of the accident [.] or crash. The report must show the true cause of the accident [.] or crash. The accident report forms adopted for the reporting of railroad accidents must, as near as practicable, be the same in design as the railroad accident report forms provided and used by the Surface Transportation Board.

      5.  If any accident or crash is reported to the Commission by the utility as being caused by or through the negligence of an employee and thereafter the employee is absolved from such negligence by the utility and found not to be responsible for the accident [,] or crash, that fact must be reported by the utility to the Commission.

      6.  Each accident report required to be made by a public utility pursuant to this section must be filed in the office of the Commission and there preserved. Each accident or crash report required to be made by a public utility pursuant to this chapter and each report made by the Commission pursuant to its investigation of any accident [:] or crash:

      (a) Except as otherwise provided in subsection 2 of NRS 703.190, must be open to public inspection; and

      (b) Notwithstanding any specific statute to the contrary, must not, in whole or in part, be admitted as evidence or used for any purpose in any suit or action for damages arising out of any matter mentioned in:

             (1) The accident or crash report required to be made by the public utility; or

             (2) The report made by the Commission pursuant to its investigation.

      Sec. 138. NRS 704.300 is hereby amended to read as follows:

      704.300  1.  After an investigation initiated either upon the Commission’s own motion or as the result of the filing of a formal application or complaint by the Department of Transportation, the board of county commissioners of any county, the town board or council of any town or municipality, or any railroad company, the Commission may order for the safety of the traveling public:

      (a) The elimination, alteration, addition or change of a highway crossing or crossings over any railroad at grade, or above or below grade, including its approaches and surface.

      (b) Changes in the method of crossing at grade, or above or below grade.

      (c) The closing of a crossing and the substitution of another therefor.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1700 (Chapter 317, SB 188)ê

 

      (d) The removal of obstructions to the public view in approaching any crossing.

      (e) Such other details of use, construction and operation as may be necessary to make grade-crossing elimination, changes and betterments for the protection of the public and the prevention of accidents and motor vehicle crashes effective.

      2.  The Commission shall order that the cost of any elimination, removal, addition, change, alteration or betterment so ordered must be divided and paid in such proportion by the State, county, town or municipality and the railroad or railroads interested as is provided according to the circumstances occasioning the cost in NRS 704.305.

      3.  If the Commission chooses to conduct a hearing before issuing an order pursuant to subsection 1, all costs incurred by reason of the hearing, including, but not limited to, publication of notices, reporting, transcripts and rental of hearing room, must be apportioned 50 percent to the governmental unit or units affected and 50 percent to the railroad or railroads.

      Sec. 139. NRS 705.090 is hereby amended to read as follows:

      705.090  1.  No railway corporation engaged in the transportation of horses, sheep, cattle, swine or other animals between points situated within this state shall confine or cause the same to be confined in cars or other vehicles of any description for a period longer than 28 consecutive hours without unloading the same for rest, water and feeding during 5 consecutive hours, unless prevented by storm , motor vehicle crash or inevitable accident.

      2.  In estimating such confinement, the time during which the animals have been confined without rest on connecting roads from which they are received must be computed.

      3.  The time of confinement prescribed in this section may be extended to 36 hours upon the written request of the owner or the person in custody of a particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form. The request for extension of time shall be made to the conductor of the train, the agent or other authorized agent of the railroad company over which the livestock is being transported.

      Sec. 140. NRS 706.246 is hereby amended to read as follows:

      706.246  Except as otherwise provided in NRS 706.235:

      1.  A common or contract motor carrier shall not permit or require a driver to drive or tow any vehicle revealed by inspection or operation to be in such condition that its operation would be hazardous or likely to result in a breakdown of the vehicle, and a driver shall not drive or tow any vehicle which by reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause [an accident] a crash or a breakdown of the vehicle. If, while any vehicle is being operated on a highway, it is discovered to be in such an unsafe condition, it may be continued in operation, except as further limited by subsection 2, only to the nearest place where repairs can safely be effected, and even that operation may be conducted only if it is less hazardous to the public than permitting the vehicle to remain on the highway.

      2.  A common or contract motor carrier or private motor carrier shall not permit or require a driver to drive or tow, and a driver shall not drive or tow, any vehicle which:

      (a) By reason of its mechanical condition is so imminently hazardous to operate as to be likely to cause [an accident] a crash or a breakdown; and

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1701 (Chapter 317, SB 188)ê

 

      (b) Has been declared “out of service” by an authorized employee of the Authority, the Department of Motor Vehicles or the Department of Public Safety.

Ê When the repairs have been made, the carrier shall so certify to the Authority or the department that declared the vehicle “out of service,” as required by the Authority or that department.

      Sec. 141. NRS 706.251 is hereby amended to read as follows:

      706.251  1.  Every person operating a vehicle used by any motor carrier under the jurisdiction of the Authority shall forthwith report each [accident] crash occurring on the public highway, wherein the vehicle may have injured the person or property of some person other than the person or property carried by the vehicle, to the sheriff or other peace officer of the county where the [accident] crash occurred. If the [accident] crash immediately or proximately causes death, the person in charge of the vehicle, or any officer investigating the [accident,] crash, shall furnish to the Authority such detailed report thereof as required by the Authority.

      2.  All [accident] crash reports required in this section must be filed in the office of the Authority and there preserved. [An accident] A crash report made as required by this chapter, or any report of the Authority made pursuant to any [accident] crash investigation made by it, is not open to public inspection and must not be disclosed to any person, except upon order of the Authority. The reports must not be admitted as evidence or used for any purpose in any action for damages growing out of any matter mentioned in the [accident] crash report or report of any such investigation.

      Sec. 142. NRS 706.303 is hereby amended to read as follows:

      706.303  The Authority shall adopt regulations requiring all operators of horse-drawn vehicles subject to its regulation and supervision to maintain a contract of insurance against liability for injury to persons and damage to property for each such vehicle. The amounts of coverage required by the regulations:

      1.  Must not exceed a total of:

      (a) For bodily injury to or the death of one person in any one [accident,] crash, $250,000;

      (b) Subject to the limitations of paragraph (a), for bodily injury to or death of two or more persons in any one [accident,] crash, $500,000; and

      (c) For injury to or destruction of property in any one [accident,] crash, $50,000; or

      2.  Must not exceed a combined single-limit for bodily injury to one or more persons and for injury to or destruction of property in any one [accident,] crash, $500,000.

      Sec. 143. NRS 706.305 is hereby amended to read as follows:

      706.305  The Authority shall adopt regulations requiring all operators of taxicabs subject to its regulation and supervision to maintain a contract of insurance against liability for injury to persons and damage to property for each taxicab. The amounts of coverage required by the regulations:

      1.  Must not exceed a total of:

      (a) For bodily injury to or the death of one person in any one [accident,] crash, $250,000;

      (b) Subject to the limitations of paragraph (a), for bodily injury to or death of two or more persons in any one [accident,] crash, $500,000; and

      (c) For injury to or destruction of property in any one [accident,] crash, $50,000; or

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1702 (Chapter 317, SB 188)ê

 

      2.  Must not exceed a combined single-limit for bodily injury to one or more persons and for injury to or destruction of property in any one [accident,] crash, $500,000.

      Sec. 144. NRS 706.3056 is hereby amended to read as follows:

      706.3056  1.  In lieu of the insurance against liability required by the regulations adopted pursuant to NRS 706.305, an operator of a taxicab may deposit with the Department:

      (a) Any security in the amount of $500,000; or

      (b) An amount equal to 110 percent of the average annual costs of claims incurred by the operator for [accidents] crashes involving motor vehicles during the immediately preceding 3 years,

Ê whichever is less, but in no event may the deposit be less than $250,000. The security deposited may be in any form authorized by NRS 706.3058. The Department shall not accept a deposit unless it is accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

      2.  An operator of a taxicab depositing money with the Department pursuant to subsection 1, shall authorize payments from the deposit in the amounts and under the same circumstances as would be required in a contract of insurance against liability which is in compliance with the regulations adopted pursuant to NRS 706.305.

      3.  Any security deposited must be used to satisfy any judgment obtained against the depositor which is final and has not been paid within 30 days after the date of the judgment, unless otherwise ordered by the court issuing the judgment. A depositor, within 24 hours after receiving notice that the security has been used to satisfy a judgment obtained against the depositor, shall deposit with the Department an amount which is necessary to maintain with the Department the amount required by subsection 1. The failure to maintain the full amount required by subsection 1 is a ground for the cancellation of the depositor’s certificate of self-insurance.

      4.  Any money collected by the Department pursuant to subsection 1 must be deposited with the State Treasurer for credit to a separate account in the State General Fund and used for payments authorized pursuant to subsection 2 or to refund money paid by an operator of a taxicab who is no longer participating in a program of self-insurance.

      Sec. 145. NRS 706.351 is hereby amended to read as follows:

      706.351  1.  It is unlawful for:

      (a) A fully regulated carrier to furnish any pass, frank, free or reduced rates for transportation to any state, city, district, county or municipal officer of this State or to any person other than those specifically enumerated in this section.

      (b) Any person other than those specifically enumerated in this section to receive any pass, frank, free or reduced rates for transportation.

      2.  This section does not prevent the carriage, storage or hauling free or at reduced rates of passengers or property for charitable organizations or purposes for the United States, the State of Nevada or any political subdivision thereof.

      3.  This chapter does not prohibit a fully regulated common carrier from giving free or reduced rates for transportation of persons to:

      (a) Its own officers, commission agents or employees, or members of any profession licensed under title 54 of NRS retained by it, and members of their families.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1703 (Chapter 317, SB 188)ê

 

      (b) Inmates of hospitals or charitable institutions and persons over 60 years of age.

      (c) Persons with physical or mental disabilities who present a written statement from a physician to that effect.

      (d) Persons injured in accidents or [wrecks] motor vehicle crashes and physicians and nurses attending such persons.

      (e) Persons providing relief in cases of common disaster.

      (f) Attendants of livestock or other property requiring the care of an attendant, who must be given return passage to the place of shipment, if there is no discrimination among shippers of a similar class.

      (g) Officers, agents, employees or members of any profession licensed under title 54 of NRS, together with members of their families, who are employed by or affiliated with other common carriers, if there is an interchange of free or reduced rates for transportation.

      (h) Indigent, destitute or homeless persons when under the care or responsibility of charitable societies, institutions or hospitals, together with the necessary agents employed in such transportation.

      (i) Students of institutions of learning, including, without limitation, homeless students, whether the free or reduced rate is given directly to a student or to the board of trustees of a school district on behalf of a student.

      (j) Groups of persons participating in a tour for a purpose other than transportation.

      4.  This section does not prohibit common motor carriers from giving free or reduced rates for the transportation of property of:

      (a) Their officers, commission agents or employees, or members of any profession licensed under title 54 of NRS retained by them, or pensioned former employees or former employees with disabilities, together with that of their dependents.

      (b) Witnesses attending any legal investigations in which such carriers are interested.

      (c) Persons providing relief in cases of common disaster.

      (d) Charitable organizations providing food and items for personal hygiene to needy persons or to other charitable organizations within this State.

      5.  This section does not prohibit the Authority from establishing reduced rates, fares or charges for specified routes or schedules of any common motor carrier providing transit service if the reduced rates, fares or charges are determined by the Authority to be in the public interest.

      6.  Only fully regulated common carriers may provide free or reduced rates for the transportation of passengers or household goods, pursuant to the provisions of this section.

      7.  As used in this section, “employees” includes:

      (a) Furloughed, pensioned and superannuated employees.

      (b) Persons who have become disabled or infirm in the service of such carriers.

      (c) Persons who are traveling to enter the service of such a carrier.

      Sec. 146. NRS 706.4479 is hereby amended to read as follows:

      706.4479  1.  If a motor vehicle is towed at the request of someone other than the owner, or authorized agent of the owner, of the motor vehicle, the operator of the tow car shall, in addition to the requirements set forth in the provisions of chapter 108 of NRS:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1704 (Chapter 317, SB 188)ê

 

      (a) Notify the registered and legal owner of the motor vehicle by certified mail not later than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following [an accident] a crash involving the motor vehicle or not later than 15 days after placing any other vehicle in storage:

             (1) Of the location where the motor vehicle is being stored;

             (2) Whether the storage is inside a locked building, in a secured, fenced area or in an unsecured, open area;

             (3) Of the charge for towing and storage;

             (4) Of the date and time the vehicle was placed in storage;

             (5) Of the actions that the registered and legal owner of the vehicle may take to recover the vehicle while incurring the lowest possible liability in accrued assessments, fees, penalties or other charges; and

             (6) Of the opportunity to rebut the presumptions set forth in NRS 487.220 and 706.4477.

      (b) If the identity of the registered and legal owner is not known or readily available, make every reasonable attempt and use all resources reasonably necessary, as evidenced by written documentation, to obtain the identity of the owner and any other necessary information from the agency charged with the registration of the motor vehicle in this State or any other state within:

             (1) Twenty-one days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following [an accident] a crash involving the motor vehicle; or

             (2) Fifteen days after placing any other motor vehicle in storage.

Ê The operator shall attempt to notify the owner of the vehicle by certified mail as soon as possible, but in no case later than 15 days after identification of the owner is obtained for any motor vehicle.

      2.  If an operator includes in the operator’s tariff a fee to be charged to the registered and legal owner of a vehicle for the towing and storage of the vehicle, the fee may not be charged:

      (a) For more than 21 days after placing the motor vehicle in storage if the motor vehicle was towed at the request of a law enforcement officer following [an accident] a crash involving the motor vehicle; or

      (b) For more than 15 days after placing any other vehicle in storage,

Ê unless the operator complies with the requirements set forth in subsection 1.

      3.  If a motor vehicle that is placed in storage was towed at the request of a law enforcement officer following [an accident] a crash involving the motor vehicle or after having been stolen and subsequently recovered, the operator shall not:

      (a) Satisfy any lien or impose any administrative fee or processing fee with respect to the motor vehicle for the period ending 4 business days after the date on which the motor vehicle was placed in storage; or

      (b) Impose any fee relating to the auction of the motor vehicle until after the operator complies with the notice requirements set forth in NRS 108.265 to 108.367, inclusive.

      Sec. 147. 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] a crash 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.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1705 (Chapter 317, SB 188)ê

 

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.

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

      Sec. 148. 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;] a crash; 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] a crash 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 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 of the vehicle or a representative of the insurance company has directed otherwise.

      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.

      4.  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.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1706 (Chapter 317, SB 188)ê

 

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.  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.  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. 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.  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;

      (b) Satisfied the requirements of subsection 5; and

      (c) Otherwise satisfied the requirements of this section.

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

      9.  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] a crash 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.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1707 (Chapter 317, SB 188)ê

 

[an accident] a crash 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. 149. NRS 706.8828 is hereby amended to read as follows:

      706.8828  1.  Except as otherwise provided in subsection 4, a certificate holder shall file with the Administrator, and keep in effect at all times, a policy of insurance with an insurance company licensed to do business in the State of Nevada.

      2.  The insurance policy specified in subsection 1 must:

      (a) Provide the following coverage:

 

For injury to one person in any one [accident] crash.......... $100,000

For injury to two or more persons in any one [accident] crash 300,000

For property damage in any one [accident] crash.................... 10,000

 

      (b) Contain a clause which states substantially that the insurance carrier may only cancel the policy upon 30 days’ written notice to the certificate holder and Administrator; and

      (c) Contain such other provisions concerning notice as may be required by law to be given to the certificate holder.

      3.  If an insurance policy is cancelled, the certificate holder shall not operate or cause to be operated any taxicab that was covered by the policy until other insurance is furnished.

      4.  A certificate holder to whom the Department of Motor Vehicles has issued a certificate of self-insurance may self-insure the coverage required by subsection 2.

      Sec. 150.  1.  When the next reprint of the Nevada Revised Statutes is prepared by the Legislative Counsel, the Legislative Counsel shall revise any provisions of any bill or resolution enacted during the 78th Regular Session of the Nevada Legislature which uses the term “accident” as that term is replaced or amended pursuant to the provisions of this act to cause the term to be replaced or amended in the manner provided in this act.

      2.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, make such changes as necessary so that the term “accident” is replaced with the term “crash” or “motor vehicle crash,” or the term “accident” is amended by adding the term “or motor vehicle crash,” as applicable, as provided for in this act.

      Sec. 150.5.  1.  This act shall be construed as making amendments to provisions of state law for the purpose of substituting the term “crash,” or a variation of that term, for the term “accident,” or a variation of that term, when used in reference to motor vehicles without any intent of the Nevada Legislature to change the coverage, eligibility, liability, penalties, rights or responsibilities conferred by or otherwise resulting from the amendatory provisions of this act.

      2.  Any judicial interpretation of a state law that is rendered, issued or entered before January 1, 2016, and which includes an interpretation of the term “accident,” or a variation of that term, which is amended by or as a result of this act to refer instead to the term “crash,” or a variation of that term, shall be deemed to have the same meaning as though the term had remained unchanged.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1708 (Chapter 317, SB 188)ê

 

result of this act to refer instead to the term “crash,” or a variation of that term, shall be deemed to have the same meaning as though the term had remained unchanged.

      Sec. 151.  This act becomes effective:

      1.  Upon passage and approval for the purpose of adopting regulations or performing any preparatory administrative tasks that are necessary to carry out the provisions of this act; and

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 318, SB 273

Senate Bill No. 273–Senator Hardy

 

CHAPTER 318

 

[Approved: June 1, 2015]

 

AN ACT relating to health care records; prohibiting a custodian of health care records from preventing the physical inspection of any health care records or providing copies thereof under certain circumstances; requiring a custodian of health care records to deliver the health care records or copies thereof under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each provider of health care to: (1) retain the health care records of his or her patients as part of his or her regularly maintained records for 5 years after their receipt or production; and (2) make those health care records available for physical inspection or provide copies thereof for certain persons, including, without limitation, the patient or a representative with written authorization from the patient. If the health care records are retained for at least 5 years or a longer period as provided by federal law and the person for whom the health care records are maintained has attained the age of 23 years, the health care records may be destroyed. (NRS 629.051, 629.061) Existing law defines “provider of health care” to mean a physician licensed pursuant to chapter 630, 630A or 633 of NRS and various other persons involved in the provision of health care. (NRS 629.031) This bill enacts provisions governing the retention of health care records by a custodian of health care records, and defines a “custodian of health care records” to mean any person having lawful custody of any health care records pursuant to chapter 629 of NRS, other than certain specified facilities and hospitals. This bill also: (1) prohibits, under certain circumstances, a custodian of health care records who has lawful custody of any health care records of a provider of health care from preventing the provider of health care from physically inspecting the health care records or from receiving copies of those records upon request; (2) requires a custodian of health care records to deliver the health care records or copies thereof to the provider of health care and the patient under certain circumstances; and (3) subjects a custodian of health care records who violates a provision of this bill to prosecution for a gross misdemeanor and punishment by imprisonment in the county jail for not more than 364 days or by a fine of not more than $25,000, or both, for each violation and the imposition of a civil penalty of not less than $10,000 for each violation.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1709 (Chapter 318, SB 273)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 629 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:

      (a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.

      (b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records of the provider of health care, or copies thereof, to the provider of health care.

      2.  A custodian of health care records who violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.

      3.  In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not less than $10,000 for each violation, to be recovered in a civil action brought in the district court in the county in which the provider of health care’s principal place of business is located or in the district court of Carson City.

      4.  As used in this section, “custodian of health care records” means any person having custody of any health care records pursuant to this chapter. The term does not include:

      (a) A facility for hospice care, as defined in NRS 449.0033;

      (b) A facility for intermediate care, as defined in NRS 449.0038;

      (c) A facility for skilled nursing, as defined in NRS 449.0039;

      (d) A hospital, as defined in NRS 449.012; or

      (e) A psychiatric hospital, as defined in NRS 449.0165.

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

________

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1710ê

 

CHAPTER 319, SB 458

Senate Bill No. 458–Committee on Health and Human Services

 

CHAPTER 319

 

[Approved: June 1, 2015]

 

AN ACT relating to mammography; revising the language of certain notices provided to patients who undergo mammography; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that a patient who undergoes mammography must be given a notice which includes a report of the patient’s breast density and which may include, without limitation, a statement regarding the relationship between breast density, breast cancer and the impact of breast density on the effectiveness of mammography. (NRS 457.1857) Pursuant to existing law, the State Board of Health adopted a regulation prescribing the language of such a notification. (LCB File No. R100-13 which became effective on January 1, 2014) This bill provides new language which must be used in such notification if the report indicates that the breast tissue is dense.

 

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 457.1857 is hereby amended to read as follows:

      457.1857  1.  If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammography must ensure that each report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV) includes, without limitation, a statement of the category of the patient’s breast density which is determined based on the Breast Imaging Reporting and [Database] Data System or such other guidelines as required by the State Board of Health by regulation, and , if applicable, the notice [prescribed by the State Board of Health pursuant to] provided in subsection 2.

      2.  [The State Board of Health shall prescribe by regulation the notice to be included in a report pursuant to subsection 1. The notice must include:

      (a) A statement regarding the benefits, risks and limitations of mammograms;

      (b) A description of factors that may affect the accuracy of a mammogram, including, without limitation, the density of breast tissue or the presence of breast implants;

      (c) A statement that encourages the patient to discuss with his or her provider of health care the patient’s specific risk factors for developing breast cancer; and

      (d) A statement that encourages the patient to discuss with his or her provider of health care whether the patient should adjust his or her schedule for mammograms or consider other appropriate screening options as a result of the patient’s breast density.

      3.  The notice prescribed by regulation pursuant to subsection 2 may include, without limitation:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1711 (Chapter 319, SB 458)ê

 

      (a) A statement regarding the prevalence of dense breast tissue, the relationship between breast density and breast cancer and the manner in which breast density may change over time; and

      (b) A description of the factors that affect the risk of developing breast cancer.

      4.] If the statement of the category of the patient’s breast density which is provided pursuant to subsection 1 indicates that the breast tissue is dense, the report described in subsection 1 must also include a notice in the following form:

 

      Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.

 

      3.  Nothing in this section shall be construed to:

      (a) Create a duty of care or other legal obligation beyond the duty to provide the notice as set forth in this section.

      (b) Require a notice to be provided to a patient that is inconsistent with the notice required by the provisions of 42 U.S.C. § 263b or any regulations promulgated pursuant thereto.

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

________

CHAPTER 320, SB 307

Senate Bill No. 307–Senator Roberson

 

CHAPTER 320

 

[Approved: June 1, 2015]

 

AN ACT relating to public office; revising provisions relating to the lobbying of State Legislators; revising provisions regulating gifts to public officers and candidates for public office; revising provisions governing financial disclosure statements filed by such public officers and candidates; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law in the Nevada Lobbying Disclosure Act (Lobbying Act) prohibits lobbyists from giving State Legislators or members of their immediate family or staff any gifts that exceed $100 in value in the aggregate in any calendar year and prohibits those persons from soliciting or accepting any such gifts. (NRS 218H.930) In defining the term “gift,” the Lobbying Act excludes the cost of entertainment, including the cost of food or beverages, so there is no limit on the amount of entertainment expenditures lobbyists may make for State Legislators or members of their immediate family or staff. (NRS 218H.060) If a lobbyist makes such expenditures, the lobbyist must disclose the expenditures by filing a report with the Director of the Legislative Counsel Bureau. (NRS 218H.400)

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1712 (Chapter 320, SB 307)ê

 

      In addition to the disclosures required by the Lobbying Act, existing law, commonly referred to as the Financial Disclosure Act, requires State Legislators and other state and local public officers and candidates to disclose and report gifts received in excess of an aggregate value of $200 from a donor during a calendar year on financial disclosure statements filed with the Secretary of State. (NRS 281.558-281.581) Unlike the Lobbying Act, the Financial Disclosure Act does not define the term “gift,” but it excludes certain types of gifts from the reporting requirements. (NRS 281.571)

      In 2007, when the Commission on Ethics had the statutory authority to interpret the Financial Disclosure Act, it determined that the law did not require a public officer from a jurisdiction near the proposed Yucca Mountain nuclear waste project to report on his financial disclosure statement that a nuclear fuel reprocessing company working as a contractor on the project paid for certain travel, lodging and meal expenses for the public officer and his spouse to undertake an educational or informational trip to France to learn more about nuclear fuel reprocessing and nuclear emergency preparedness by touring reprocessing facilities operated by the company and meeting with French stakeholders, local leaders and emergency responders. The Commission found that the Legislature had not established what constitutes a gift for the purposes of existing law and that “[n]o evidence exists that the act of accepting an invitation from [the company], to visit its nuclear reprocessing facilities in France and traveling to Europe for that purpose, constitutes a gift.” (In re Phillips, CEO 06-23 (June 15, 2007))

      By contrast, in the 2014 Financial Disclosure Statement Guide produced by the Office of the Secretary of State, the Guide includes as an example of a reportable gift “[t]ravel, lodging, food or registration expenses as part of a ‘fact-finding’ trip, which is part of the official or unofficial duties of a public officer, unless the expenses are paid by the candidate, [the] public officer, or the governmental agency that employs the public officer.” (Nev. Sec’y of State, Financial Disclosure Statement Guide, p. 5 (2014)) However, because this example in the Guide was not promulgated by the Office of the Secretary of State in a regulation adopted under the Nevada Administrative Procedure Act, it does not have the force and effect of law. (NRS 233B.040; State Farm Mut. Auto. Ins. v. Comm’r of Ins., 114 Nev. 535, 543-44 (1998); Labor Comm’r v. Littlefield, 123 Nev. 35, 39-43 (2007))

      Sections 9 and 19 of this bill revise the Lobbying Act and the Financial Disclosure Act to establish a definition for the term “gift” that is similar for both acts. Sections 4 and 17 of this bill also establish a definition for the term “educational or informational meeting, event or trip” that is similar for both acts. Under this bill, a gift does not include an educational or informational meeting, event or trip, but this bill requires the disclosure of such educational or informational meetings, events or trips. Specifically, under sections 4, 8 and 11 of this bill, lobbyists are required to disclose any expenditures made for educational or informational meetings, events or trips provided to State Legislators, and under sections 17, 20 and 27 of this bill, public officers and candidates are required to disclose on their financial disclosure statements any educational or informational meetings, events or trips provided by interested persons having a substantial interest in the legislative, administrative or political action of the public officer or the candidate if elected.

      Sections 9 and 12 of this bill prohibit lobbyists from knowingly or willfully giving gifts in any amount to State Legislators or members of their immediate family or staff, whether or not the Legislature is in a regular or special session. Those sections also prohibit State Legislators or members of their immediate family or staff from knowingly or willfully soliciting or accepting gifts in any amount from lobbyists, whether or not the Legislature is in a regular or special session.

      Sections 2, 3, 15, 16, 18 and 21-33 of this bill revise the Lobbying Act and the Financial Disclosure Act to update and modernize the statutory language, remove redundant provisions and promote consistency between the acts.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1713 (Chapter 320, SB 307)ê

 

      Finally, section 41 of this bill provides that the provisions of this bill apply to public officers and candidates beginning on January 1, 2016. However, section 40 of this bill states that the provisions of this bill do not apply to a financial disclosure statement that is filed by a public officer or candidate to report information for any period that ends before January 1, 2016. As a result, although most public officers will be required to file a financial disclosure statement on or before January 15, 2016, which must disclose information for the 2015 calendar year, the provisions of this bill will not apply to the information that must be disclosed for the 2015 calendar year. (NRS 281.559, 281.561)

      By contrast, most candidates for a public office in 2016 will be required to file a financial disclosure statement, not later than the 10th day after the last day to qualify as a candidate for the office, which must disclose information for: (1) the 2015 calendar year; and (2) the period between January 1, 2016, and the last day to qualify as a candidate for the office. (NRS 281.561) For these candidates, the provisions of this bill will not apply to the information that must be disclosed for the 2015 calendar year but will apply to the information that must be disclosed for the period between January 1, 2016, and the last day to qualify as a candidate for the office.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 218H of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. “Domestic partner” means a person in a domestic partnership.

      Sec. 3. “Domestic partnership” means:

      1.  A domestic partnership as defined in NRS 122A.040; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      Sec. 4. 1.  “Educational or informational meeting, event or trip” means any meeting, event or trip undertaken or attended by a Legislator if, in connection with the meeting, event or trip:

      (a) The Legislator or a member of the Legislator’s household receives anything of value from a lobbyist to undertake or attend the meeting, event or trip; and

      (b) The Legislator provides or receives any education or information on matters relating to the legislative, administrative or political action of the Legislator.

      2.  The term includes, without limitation, any reception, gathering, conference, convention, discussion, forum, roundtable, seminar, symposium, speaking engagement or other similar meeting, event or trip with an educational or informational component.

      3.  The term does not include a meeting, event or trip undertaken or attended by a Legislator for personal reasons or for reasons relating to any professional or occupational license held by the Legislator, unless the Legislator participates as one of the primary speakers, instructors or presenters at the meeting, event or trip.

      4.  For the purposes of this section, “anything of value” includes, without limitation, any actual expenses for food, beverages, registration fees, travel or lodging provided or given to or paid for the benefit of the Legislator or a member of the Legislator’s household or reimbursement for any such actual expenses paid by the Legislator or a member of the Legislator’s household, if the expenses are incurred on a day during which the Legislator or a member of the Legislator’s household undertakes or attends the meeting, event or trip or during which the Legislator or a member of the Legislator’s household travels to or from the meeting, event or trip.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1714 (Chapter 320, SB 307)ê

 

Legislator or a member of the Legislator’s household or reimbursement for any such actual expenses paid by the Legislator or a member of the Legislator’s household, if the expenses are incurred on a day during which the Legislator or a member of the Legislator’s household undertakes or attends the meeting, event or trip or during which the Legislator or a member of the Legislator’s household travels to or from the meeting, event or trip.

      Sec. 5. “Member of the Legislator’s household” means a person who is a member of the Legislator’s household for the purposes of NRS 281.558 to 281.581, inclusive, and sections 14 to 23, inclusive, of this act.

      Sec. 6. “Registrant” means a person who is registered as a lobbyist pursuant to this chapter.

      Sec. 7. NRS 218H.030 is hereby amended to read as follows:

      218H.030  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 218H.050 to 218H.100, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 8. NRS 218H.050 is hereby amended to read as follows:

      218H.050  1.  “Expenditure” means any [advance, conveyance, deposit, distribution, transfer of funds, loan, payment, pledge or subscription] of the following acts by a lobbyist while the Legislature is in a regular or special session:

      (a) Any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering of money , services or anything else of value [, including cost of entertainment, except the payment of a membership fee otherwise exempted pursuant to NRS 218H.400, and any] ; or

      (b) Any contract, agreement, promise or other obligation, whether or not legally enforceable, to make any such expenditure . [while the Legislature is in a regular or special session.]

      2.  The term includes, without limitation:

      (a) Anything of value provided for an educational or informational meeting, event or trip.

      (b) The cost of a party, meal, function or other social event to which every Legislator is invited.

      3.  The term does not include:

      (a) A prohibited gift.

      (b) A lobbyist’s personal expenditures for his or her own food, beverages, lodging, travel expenses or membership fees or dues.

      Sec. 9. NRS 218H.060 is hereby amended to read as follows:

      218H.060  1.  “Gift” means [a payment, subscription, advance,] any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering [or deposit] of money, services or anything else of value , unless consideration of equal or greater value is received.

      2.  [“Gift”] The term does not include:

      (a) [A] Any political contribution of money or services related to a political campaign . [;

      (b) A]

      (b) Any commercially reasonable loan made in the ordinary course of business . [;]

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1715 (Chapter 320, SB 307)ê

 

      (c) Anything of value provided for an educational or informational meeting, event or trip.

      (d) The cost of [entertainment,] a party, meal, function or other social event to which every Legislator is invited, including , without limitation, the cost of food or beverages [; or

      (d)]provided at the party, meal, function or other social event.

      (e) Any ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion from a donor who is not a lobbyist.

      (f) Anything of value received from [:

             (1) A member of the recipient’s immediate family; or

             (2) A relative of] a person who is:

             (1) Related to the recipient , or [relative of the recipient’s] to the spouse or domestic partner of the recipient, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or [from the spouse of any such relative.] affinity; or

             (2) A member of the recipient’s household.

      Sec. 10. NRS 218H.210 is hereby amended to read as follows:

      218H.210  The registration statement of a lobbyist must contain the following information:

      1.  The registrant’s full name, permanent address, place of business and temporary address while lobbying.

      2.  The full name and complete address of each person, if any, by whom the registrant is retained or employed or on whose behalf the registrant appears.

      3.  A listing of any direct business associations or partnerships involving any current Legislator and the registrant or any person by whom the registrant is retained or employed. The listing must include any such association or partnership constituting a source of income or involving a debt or interest in real estate required to be disclosed in a [statement of] financial disclosure statement made by a [candidate for public office or a] public officer or candidate pursuant to NRS 281.571.

      4.  The name of any current Legislator for whom:

      (a) The registrant; or

      (b) Any person by whom the registrant is retained or employed,

Ê has, in connection with a political campaign of the Legislator, provided consulting, advertising or other professional services since the beginning of the preceding regular session.

      5.  A description of the principal areas of interest on which the registrant expects to lobby.

      6.  If the registrant lobbies or purports to lobby on behalf of members, a statement of the number of members.

      7.  A declaration under penalty of perjury that none of the registrant’s compensation or reimbursement is contingent, in whole or in part, upon the production of any legislative action.

      Sec. 11. NRS 218H.400 is hereby amended to read as follows:

      218H.400  1.  Each registrant shall file with the Director:

      (a) Within 30 days after the close of a regular or special session, a final report signed under penalty of perjury concerning the registrant’s lobbying activities; and

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1716 (Chapter 320, SB 307)ê

 

      (b) Between the 1st and 10th day of the month after each month that the Legislature is in a regular or special session, a report concerning the registrant’s lobbying activities during the previous month, whether or not any expenditures were made.

      2.  Each report must:

      (a) Be on a form prescribed by the Director; and

      (b) Include the total of all expenditures, if any, made by the registrant on behalf of a Legislator or an organization whose primary purpose is to provide support for Legislators of a particular political party and House, including expenditures made by others on behalf of the registrant if the expenditures were made with the registrant’s express or implied consent or were ratified by the registrant.

      3.  Except as otherwise provided in subsection 6, the report:

      (a) Must identify each Legislator and each organization whose primary purpose is to provide support for Legislators of a particular political party and House on whose behalf expenditures were made;

      (b) Must be itemized with respect to each such Legislator and organization; and

      (c) Does not have to include any expenditure made on behalf of a person other than a Legislator or an organization whose primary purpose is to provide support for Legislators of a particular political party and House, unless the expenditure is made for the benefit of a Legislator or such an organization.

      4.  If expenditures made by or on behalf of a registrant during the previous month exceed $50, the report must include a compilation of expenditures, itemized in the manner required by the regulations of the Legislative Commission . [, in the following categories:

      (a) Entertainment;

      (b) Expenditures made in connection with a party or similar event hosted by the organization represented by the registrant;

      (c) Gifts and loans, including money, services and anything of value provided to a Legislator, to an organization whose primary purpose is to provide support for Legislators of a particular political party and House, or to any other person for the benefit of a Legislator or such an organization; and

      (d) Other expenditures directly associated with legislative action, not including personal expenditures for food, lodging and travel expenses or membership dues.]

      5.  The Legislative Commission may authorize an audit or investigation by the Legislative Auditor that is proper and necessary to verify compliance with the provisions of this section. If the Legislative Commission authorizes such an audit or investigation:

      (a) A lobbyist shall make available to the Legislative Auditor all books, accounts, claims, reports, vouchers and other records requested by the Legislative Auditor in connection with any such audit or investigation.

      (b) The Legislative Auditor shall confine requests for such records to those which specifically relate to the lobbyist’s compliance with the reporting requirements of this section.

      6.  A report filed pursuant to this section must not itemize with respect to each Legislator an expenditure if the expenditure is the cost of a party, meal, function or other social event to which every Legislator was invited. [For the purposes of this subsection, “function” means a party, meal or other social event.]

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1717 (Chapter 320, SB 307)ê

 

      Sec. 12. NRS 218H.930 is hereby amended to read as follows:

      218H.930  1.  A lobbyist shall not knowingly or willfully make any false statement or misrepresentation of facts:

      (a) To any member of the Legislative Branch in an effort to persuade or influence the member in his or her official actions.

      (b) In a registration statement or report concerning lobbying activities filed with the Director.

      2.  A lobbyist shall not knowingly or willfully give any gift to a member of the Legislative Branch or a member of his or her [staff or] immediate family [gifts that exceed $100 in value in the aggregate in any calendar year.] , whether or not the Legislature is in a regular or special session.

      3.  A member of the Legislative Branch or a member of his or her [staff or] immediate family shall not knowingly or willfully solicit [anything of value from a registrant] or accept any gift [that exceeds $100 in aggregate value in any calendar year.] from a lobbyist, whether or not the Legislature is in a regular or special session.

      4.  A person who employs or uses a lobbyist shall not make that lobbyist’s compensation or reimbursement contingent in any manner upon the outcome of any legislative action.

      5.  Except during the period permitted by NRS 218H.200, a person shall not knowingly act as a lobbyist without being registered as required by that section.

      6.  Except as otherwise provided in subsection 7, a member of the Legislative or Executive Branch of the State Government and an elected officer or employee of a political subdivision shall not receive compensation or reimbursement other than from the State or the political subdivision for personally engaging in lobbying.

      7.  An elected officer or employee of a political subdivision may receive compensation or reimbursement from any organization whose membership consists of elected or appointed public officers.

      8.  A lobbyist shall not instigate the introduction of any legislation for the purpose of obtaining employment to lobby in opposition to that legislation.

      9.  A lobbyist shall not make, commit to make or offer to make a monetary contribution to a Legislator, the Lieutenant Governor, the Lieutenant Governor-elect, the Governor or the Governor-elect during the period beginning:

      (a) Thirty days before a regular session and ending 30 days after the final adjournment of a regular session;

      (b) Fifteen days before a special session is set to commence and ending 15 days after the final adjournment of a special session, if:

             (1) The Governor sets a specific date for the commencement of the special session that is more than 15 days after the date on which the Governor issues the proclamation calling for the special session pursuant to Section 9 of Article 5 of the Nevada Constitution; or

             (2) The members of the Legislature set a date on or before which the Legislature is to convene the special session that is more than 15 days after the date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members calling for the special session pursuant to Section 2A of Article 4 of the Nevada Constitution; or

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1718 (Chapter 320, SB 307)ê

 

      (c) The day after:

             (1) The date on which the Governor issues the proclamation calling for the special session and ending 15 days after the final adjournment of the special session if the Governor sets a specific date for the commencement of the special session that is 15 or fewer days after the date on which the Governor issues the proclamation calling for the special session; or

             (2) The date on which the Secretary of State receives one or more substantially similar petitions signed, in the aggregate, by the required number of members of the Legislature calling for the special session and ending 15 days after the final adjournment of the special session if the members set a date on or before which the Legislature is to convene the special session that is 15 or fewer days after the date on which the Secretary of State receives the petitions.

      Sec. 13. Chapter 281 of NRS is hereby amended by adding thereto the provisions set forth as sections 14 to 23, inclusive, of this act.

      Sec. 14. As used in NRS 281.558 to 281.581, inclusive, and sections 14 to 23, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 281.558 and sections 15 to 21, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 15. “Domestic partner” means a person in a domestic partnership.

      Sec. 16. “Domestic partnership” means:

      1.  A domestic partnership as defined in NRS 122A.040; or

      2.  A domestic partnership which was validly formed in another jurisdiction and which is substantially equivalent to a domestic partnership as defined in NRS 122A.040, regardless of whether it bears the name of a domestic partnership or is registered in this State.

      Sec. 17. 1.  “Educational or informational meeting, event or trip” means any meeting, event or trip undertaken or attended by a public officer or candidate if, in connection with the meeting, event or trip:

      (a) The public officer or candidate or a member of the public officer’s or candidate’s household receives anything of value to undertake or attend the meeting, event or trip from an interested person; and

      (b) The public officer or candidate provides or receives any education or information on matters relating to the legislative, administrative or political action of the public officer or the candidate if elected.

      2.  The term includes, without limitation, any reception, gathering, conference, convention, discussion, forum, roundtable, seminar, symposium, speaking engagement or other similar meeting, event or trip with an educational or informational component.

      3.  The term does not include a meeting, event or trip undertaken or attended by a public officer or candidate for personal reasons or for reasons relating to any professional or occupational license held by the public officer or candidate, unless the public officer or candidate participates as one of the primary speakers, instructors or presenters at the meeting, event or trip.

      4.  For the purposes of this section, “anything of value” includes, without limitation, any actual expenses for food, beverages, registration fees, travel or lodging provided or given to or paid for the benefit of the public officer or candidate or a member of the public officer’s or candidate’s household or reimbursement for any such actual expenses paid by the public officer or candidate or a member of the public officer’s or candidate’s household, if the expenses are incurred on a day during which the public officer or candidate or a member of the public officer’s or candidate’s household undertakes or attends the meeting, event or trip or during which the public officer or candidate or a member of the public officer’s or candidate’s household travels to or from the meeting, event or trip.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1719 (Chapter 320, SB 307)ê

 

candidate’s household, if the expenses are incurred on a day during which the public officer or candidate or a member of the public officer’s or candidate’s household undertakes or attends the meeting, event or trip or during which the public officer or candidate or a member of the public officer’s or candidate’s household travels to or from the meeting, event or trip.

      Sec. 18. “Financial disclosure statement” or “statement” means a financial disclosure statement in the electronic form or other authorized form prescribed by the Secretary of State pursuant to NRS 281.558 to 281.581, inclusive, and sections 14 to 23, inclusive, of this act or in the form approved by the Secretary of State for a specialized or local ethics committee pursuant to NRS 281A.350.

      Sec. 19. 1.  “Gift” means any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering of money, services or anything else of value, unless consideration of equal or greater value is received.

      2.  The term does not include:

      (a) Any political contribution of money or services related to a political campaign.

      (b) Any commercially reasonable loan made in the ordinary course of business.

      (c) Anything of value provided for an educational or informational meeting, event or trip.

      (d) Anything of value excluded from the term “gift” as defined in NRS 218H.060.

      (e) Any ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion from a donor who is not an interested person.

      (f) Anything of value received from a person who is:

             (1) Related to the public officer or candidate, or to the spouse or domestic partner of the public officer or candidate, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity; or

             (2) A member of the public officer’s or candidate’s household.

      Sec. 20. 1.  “Interested person” means a person who has a substantial interest in the legislative, administrative or political action of a public officer or a candidate if elected.

      2.  The term includes, without limitation:

      (a) A lobbyist as defined in NRS 218H.080.

      (b) A group of interested persons acting in concert, whether or not formally organized.

      Sec. 21. 1.  “Member of the public officer’s or candidate’s household” means:

      (a) The spouse or domestic partner of the public officer or candidate;

      (b) A relative who lives in the same home or dwelling as the public officer or candidate; or

      (c) A person, whether or not a relative, who:

             (1) Lives in the same home or dwelling as the public officer or candidate and who is dependent on and receiving substantial support from the public officer or candidate;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1720 (Chapter 320, SB 307)ê

 

             (2) Does not live in the same home or dwelling as the public officer or candidate but who is dependent on and receiving substantial support from the public officer or candidate; or

             (3) Lived in the same home or dwelling as the public officer or candidate for 6 months or more during the immediately preceding calendar year or other period for which the public officer or candidate is filing the financial disclosure statement and who was dependent on and receiving substantial support from the public officer or candidate during that period.

      2.  For the purposes of this section, “relative” means a person who is related to the public officer or candidate, or to the spouse or domestic partner of the public officer or candidate, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity.

      Sec. 22. 1.  Except as otherwise provided in NRS 281.572, the Secretary of State shall provide access through a secure Internet website for the purpose of filing financial disclosure statements to each public officer or candidate who is required to file electronically with the Secretary of State a financial disclosure statement pursuant to NRS 281.558 to 281.581, inclusive, and sections 14 to 23, inclusive, of this act.

      2.  A financial disclosure statement that is filed electronically with the Secretary of State shall be deemed to be filed on the date that it is filed electronically if it is filed not later than 11:59 p.m. on that date.

      Sec. 23. The Secretary of State may adopt regulations necessary to carry out the provisions of NRS 281.558 to 281.581, inclusive, and sections 14 to 23, inclusive, of this act.

      Sec. 24. NRS 281.558 is hereby amended to read as follows:

      281.558  [As used in NRS 281.558 to 281.581, inclusive, “candidate”]

      1.  “Candidate” means any person [:

      1.]  who seeks to be elected to a public office and:

      (a) Who files a declaration of candidacy;

      [2.](b) Who files an acceptance of candidacy; or

      [3.](c) Whose name appears on an official ballot at any election.

      2.  The term does not include a candidate for judicial office who is subject to the requirements of the Nevada Code of Judicial Conduct.

      Sec. 25. NRS 281.559 is hereby amended to read as follows:

      281.559  1.  Except as otherwise provided in [subsections 2 and 3] this section and NRS 281.572, if a public officer who was appointed to the office for which the public officer is serving is entitled to receive annual compensation of $6,000 or more for serving in that office or if the public officer was appointed to the office of Legislator, the public officer shall file electronically with the Secretary of State a [statement of] financial disclosure [,] statement, as follows:

      (a) A public officer appointed to fill the unexpired term of an elected or appointed public officer shall file a [statement of] financial disclosure statement within 30 days after the public officer’s appointment.

      (b) Each public officer appointed to fill an office shall file a [statement of] financial disclosure statement on or before January 15 of:

             (1) Each year of the term, including the year in which the public officer leaves office; and

             (2) The year immediately following the year in which the public officer leaves office, unless the public officer leaves office before January 15 in the prior year.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1721 (Chapter 320, SB 307)ê

 

Ê The statement must disclose the required information for the full calendar year immediately preceding the date of filing.

      2.  If a person is serving in a public office for which the person is required to file a statement pursuant to subsection 1, the person may use the statement the person files for that initial office to satisfy the requirements of subsection 1 for every other public office to which the person is appointed and in which the person is also serving.

      3.  A judicial officer who is appointed to fill the unexpired term of a predecessor or to fill a newly created judgeship shall file a [statement of] financial disclosure statement pursuant to the requirements [of Canon 4I] of the Nevada Code of Judicial Conduct. [Such] To the extent practicable, such a statement [of financial disclosure] must include, without limitation, all information required to be included in a [statement of] financial disclosure statement pursuant to NRS 281.571.

      [4.  A statement of financial disclosure shall be deemed to be filed on the date that it was received by the Secretary of State.

      5.  Except as otherwise provided in NRS 281.572, the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.

      6.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.]

      Sec. 26. NRS 281.561 is hereby amended to read as follows:

      281.561  1.  Except as otherwise provided in [subsections 2 and 3] this section and NRS 281.572, each candidate [for public office] who will be entitled to receive annual compensation of $6,000 or more for serving in the office that the candidate is seeking, each candidate for the office of Legislator and [, except as otherwise provided in subsection 3,] each public officer who was elected to the office for which the public officer is serving shall file electronically with the Secretary of State a [statement of] financial disclosure [,] statement, as follows:

      (a) A candidate for nomination, election or reelection to public office shall file a [statement of] financial disclosure [no] statement not later than the 10th day after the last day to qualify as a candidate for the office. The statement must disclose the required information for the full calendar year immediately preceding the date of filing and for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office. The filing of a [statement of] financial disclosure statement for a portion of a calendar year pursuant to this paragraph does not relieve the candidate of the requirement of filing a [statement of] financial disclosure statement for the full calendar year pursuant to paragraph (b) in the immediately succeeding year, if the candidate is elected to the office.

      (b) Each public officer shall file a [statement of] financial disclosure statement on or before January 15 of:

             (1) Each year of the term, including the year in which the public officer leaves office; and

             (2) The year immediately following the year in which the public officer leaves office, unless the public officer leaves office before January 15 in the prior year.

Ê The statement must disclose the required information for the full calendar year immediately preceding the date of filing.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1722 (Chapter 320, SB 307)ê

 

      2.  Except as otherwise provided in this subsection, if a candidate [for public office] is serving in a public office for which the candidate is required to file a statement pursuant to paragraph (b) of subsection 1 or subsection 1 of NRS 281.559, the candidate need not file the statement required by subsection 1 for the full calendar year for which the candidate previously filed a statement. The provisions of this subsection do not relieve the candidate of the requirement pursuant to paragraph (a) of subsection 1 to file a [statement of] financial disclosure statement for the period between January 1 of the year in which the election for the office will be held and the last day to qualify as a candidate for the office.

      3.  A person elected pursuant to NRS 548.285 to the office of supervisor of a conservation district is not required to file a [statement of] financial disclosure statement relative to that office pursuant to subsection 1.

      4.  A candidate for judicial office or a judicial officer shall file a [statement of] financial disclosure statement pursuant to the requirements [of Canon 4I] of the Nevada Code of Judicial Conduct. [Such] To the extent practicable, such a statement [of financial disclosure] must include, without limitation, all information required to be included in a [statement of] financial disclosure statement pursuant to NRS 281.571.

      [5.  A statement of financial disclosure shall be deemed to be filed on the date that it was received by the Secretary of State.

      6.  Except as otherwise provided in NRS 281.572, the Secretary of State shall provide access through a secure website to the statement of financial disclosure to each person who is required to file the statement with the Secretary of State pursuant to this section.

      7.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.]

      Sec. 27. NRS 281.571 is hereby amended to read as follows:

      281.571  [1.  Statements of] Each financial disclosure [, as approved pursuant to NRS 281A.350 or in such electronic form as the Secretary of State otherwise prescribes,] statement must contain the following information concerning the [candidate for public office or] public officer [:

      (a)]or candidate:

      1.  The [candidate’s or] public officer’s or candidate’s length of residence in the State of Nevada and the district in which the [candidate for public office or] public officer or candidate is registered to vote.

      [(b)]2.  Each source of the [candidate’s or] public officer’s or candidate’s income, or that of any member of the [candidate’s or] public officer’s or candidate’s household who is 18 years of age or older. No listing of individual clients, customers or patients is required, but if that is the case, a general source such as “professional services” must be disclosed.

      [(c)]3.  A list of the specific location and particular use of real estate, other than a personal residence:

             [(1)](a) In which the [candidate for public office or] public officer or candidate or a member of the [candidate’s or] public officer’s or candidate’s household has a legal or beneficial interest;

             [(2)](b) Whose fair market value is $2,500 or more; and

             [(3)](c) That is located in this State or an adjacent state.

      [(d)]4.  The name of each creditor to whom the [candidate for public office or] public officer or candidate or a member of the [candidate’s or] public officer’s or candidate’s household owes $5,000 or more, except for:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1723 (Chapter 320, SB 307)ê

 

             [(1)](a) A debt secured by a mortgage or deed of trust of real property which is not required to be listed pursuant to [paragraph (c);] subsection 3; and

             [(2)](b) A debt for which a security interest in a motor vehicle for personal use was retained by the seller.

      [(e)]5.  If the public officer or candidate has undertaken or attended any educational or informational meetings, events or trips during the immediately preceding calendar year or other period for which the public officer or candidate is filing the financial disclosure statement, a list of all such meetings, events or trips, including:

      (a) The purpose and location of the meeting, event or trip and the name of the organization conducting, sponsoring, hosting or requesting the meeting, event or trip;

      (b) The identity of each interested person providing anything of value to the public officer or candidate or a member of the public officer’s or candidate’s household to undertake or attend the meeting, event or trip; and

      (c) The aggregate value of everything provided by those interested persons to the public officer or candidate or a member of the public officer’s or candidate’s household to undertake or attend the meeting, event or trip.

      6.  If the [candidate for public office or] public officer or candidate has received any gifts in excess of an aggregate value of $200 from a donor during the immediately preceding [taxable] calendar year [,] or other period for which the public officer or candidate is filing the financial disclosure statement, a list of all such gifts, including the identity of the donor and the value of each gift . [, except:

             (1) A gift received from a person who is related to the candidate for public office or public officer within the third degree of consanguinity or affinity.

             (2) Ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion if the donor does not have a substantial interest in the legislative, administrative or political action of the candidate for public office or public officer.

      (f)]7.  A list of each business entity with which the [candidate for public office or] public officer or candidate or a member of the [candidate’s or] public officer’s or candidate’s household is involved as a trustee, beneficiary of a trust, director, officer, owner in whole or in part, limited or general partner, or holder of a class of stock or security representing 1 percent or more of the total outstanding stock or securities issued by the business entity.

      [(g)]8.  A list of all public offices presently held by the [candidate for public office or] public officer or candidate for which this [statement of] financial disclosure statement is required.

      [2.  The Secretary of State may adopt regulations necessary to carry out the provisions of this section.

      3.  As used in this section, “member of the candidate’s or public officer’s household” includes:

      (a) The spouse of the candidate for public office or public officer;

      (b) A person who does not live in the same home or dwelling, but who is dependent on and receiving substantial support from the candidate for public office or public officer; and

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1724 (Chapter 320, SB 307)ê

 

      (c) A person who lived in the home or dwelling of the candidate for public office or public officer for 6 months or more in the year immediately preceding the year in which the candidate for public office or public officer files the statement of financial disclosure.]

      Sec. 28. NRS 281.572 is hereby amended to read as follows:

      281.572  1.  A [candidate or] public officer or candidate who is required to file a [statement of] financial disclosure statement with the Secretary of State pursuant to NRS 281.559 or 281.561 is not required to file the statement electronically if the [candidate or] public officer or candidate has on file with the Secretary of State an affidavit which satisfies the requirements set forth in subsection 2 and which states that:

      (a) The [candidate or] public officer or candidate does not own or have the ability to access the technology necessary to file electronically the [statement of] financial disclosure [;] statement; and

      (b) The [candidate or] public officer or candidate does not have the financial ability to purchase or obtain access to the technology necessary to file electronically the [statement of] financial disclosure [.] statement.

      2.  The affidavit described in subsection 1 must be:

      (a) In the form prescribed by the Secretary of State and signed under an oath to God or penalty of perjury. A [candidate or] public officer or candidate who signs the affidavit under an oath to God is subject to the same penalties as if the [candidate or] public officer or candidate had signed the affidavit under penalty of perjury.

      (b) Except as otherwise provided in subsection 4, filed not less than 15 days before the [statement of] financial disclosure statement is required to be filed.

      3.  A [candidate or] public officer or candidate who is not required to file the [statement of] financial disclosure statement electronically may file the [statement of] financial disclosure statement by transmitting the statement by regular mail, certified mail, facsimile machine or personal delivery. A [statement of] financial disclosure statement transmitted pursuant to this subsection shall be deemed to be filed on the date that it was received by the Secretary of State.

      4.  A person who is appointed to fill the unexpired term of an elected or appointed public officer must file the affidavit described in subsection 1 not later than 15 days after his or her appointment to be exempted from the requirement of filing a [report] financial disclosure statement electronically.

      Sec. 29. NRS 281.573 is hereby amended to read as follows:

      281.573  1.  Except as otherwise provided in subsection 2, [statements of] each financial disclosure statement required by the provisions of NRS 281.558 to 281.572, inclusive, and sections 14 to 23, inclusive, of this act must be retained by the Secretary of State for 6 years after the date of filing.

      2.  For public officers who serve more than one term in either the same public office or more than one public office, the period prescribed in subsection 1 begins on the date of the filing of the last [statement of] financial disclosure statement for the last public office held.

      Sec. 30. NRS 281.574 is hereby amended to read as follows:

      281.574  1.  A list of each public officer who is required to file a [statement of] financial disclosure statement must be submitted electronically to the Secretary of State, in a form prescribed by the Secretary of State, on or before December 1 of each year by:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1725 (Chapter 320, SB 307)ê

 

      (a) Each county clerk for all public officers of the county and other local governments within the county other than cities;

      (b) Each city clerk for all public officers of the city;

      (c) The Director of the Legislative Counsel Bureau for all public officers of the Legislative Branch; and

      (d) The Chief of the Budget Division of the Department of Administration for all public officers of the Executive Branch.

      2.  Each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, and each city clerk shall submit electronically to the Secretary of State, in a form prescribed by the Secretary of State, a list of each candidate [for public office] who filed a declaration of candidacy or acceptance of candidacy with that officer within 10 days after the last day to qualify as a candidate for the applicable office.

      Sec. 31. NRS 281.581 is hereby amended to read as follows:

      281.581  1.  If the Secretary of State receives information that a [candidate for public office or] public officer or candidate willfully fails to file a [statement of] financial disclosure statement or willfully fails to file a [statement of] financial disclosure statement in a timely manner pursuant to NRS 281.559, 281.561 or 281.572, the Secretary of State may, after giving notice to [that person or entity,] the public officer or candidate, cause the appropriate proceedings to be instituted in the First Judicial District Court.

      2.  Except as otherwise provided in this section, a [candidate for public office or] public officer or candidate who willfully fails to file a [statement of] financial disclosure statement or willfully fails to file a [statement of] financial disclosure statement in a timely manner pursuant to NRS 281.559, 281.561 or 281.572 is subject to a civil penalty and payment of court costs and attorney’s fees. The civil penalty must be recovered in a civil action brought in the name of the State of Nevada by the Secretary of State in the First Judicial District Court and deposited by the Secretary of State for credit to the State General Fund in the bank designated by the State Treasurer.

      3.  The amount of the civil penalty is:

      (a) If the statement is filed not more than 10 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $25.

      (b) If the statement is filed more than 10 days but not more than 20 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $50.

      (c) If the statement is filed more than 20 days but not more than 30 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $100.

      (d) If the statement is filed more than 30 days but not more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $250.

      (e) If the statement is not filed or is filed more than 45 days after the applicable deadline set forth in subsection 1 of NRS 281.559, subsection 1 of NRS 281.561 or NRS 281.572, $2,000.

      4.  For good cause shown, the Secretary of State may waive a civil penalty that would otherwise be imposed pursuant to this section. If the Secretary of State waives a civil penalty pursuant to this subsection, the Secretary of State shall:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1726 (Chapter 320, SB 307)ê

 

      (a) Create a record which sets forth that the civil penalty has been waived and describes the circumstances that constitute the good cause shown; and

      (b) Ensure that the record created pursuant to paragraph (a) is available for review by the general public.

      5.  As used in this section, “willfully” means intentionally and knowingly.

      Sec. 32. NRS 281A.350 is hereby amended to read as follows:

      281A.350  1.  Any state agency or the governing body of a county or an incorporated city may establish a specialized or local ethics committee to complement the functions of the Commission. A specialized or local ethics committee may:

      (a) Establish a code of ethical standards suitable for the particular ethical problems encountered in its sphere of activity. The standards may not be less restrictive than the statutory ethical standards.

      (b) Render an opinion upon the request of any public officer or employee of its own organization or level seeking an interpretation of its ethical standards on questions directly related to the propriety of the public officer’s or employee’s own future official conduct or refer the request to the Commission. Any public officer or employee subject to the jurisdiction of the committee shall direct the public officer’s or employee’s inquiry to that committee instead of the Commission.

      (c) Require the filing of [statements of] financial disclosure statements by public officers on forms prescribed by the committee or the city clerk if the form has been:

             (1) Submitted, at least 60 days before its anticipated distribution, to the Secretary of State for review; and

             (2) Upon review, approved by the Secretary of State. The Secretary of State shall not approve the form unless the form contains all the information required to be included in a [statement of] financial disclosure statement pursuant to NRS 281.571.

      2.  The Secretary of State is not responsible for the costs of producing or distributing a form for filing a [statement of] financial disclosure statement pursuant to the provisions of subsection 1.

      3.  A specialized or local ethics committee shall not attempt to interpret or render an opinion regarding the statutory ethical standards.

      4.  Each request for an opinion submitted to a specialized or local ethics committee, each hearing held to obtain information on which to base an opinion, all deliberations relating to an opinion, each opinion rendered by a committee and any motion relating to the opinion are confidential unless:

      (a) The public officer or employee acts in contravention of the opinion; or

      (b) The requester discloses the content of the opinion.

      Sec. 33. NRS 293.186 is hereby amended to read as follows:

      293.186  The Secretary of State and each county clerk, or the registrar of voters of the county if one was appointed pursuant to NRS 244.164, or city clerk who receives from a candidate for public office a declaration of candidacy, acceptance of candidacy or certificate of candidacy shall give to the candidate:

      1.  If the candidate is a candidate for judicial office, the form prescribed by the Administrative Office of the Courts for the making of a [statement of] financial disclosure [;] statement;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1727 (Chapter 320, SB 307)ê

 

      2.  If the candidate is not a candidate for judicial office and is required to file electronically the [statement of] financial disclosure [,] statement, access to the electronic form prescribed by the Secretary of State; or

      3.  If the candidate is not a candidate for judicial office, is required to submit the [statement of] financial disclosure statement electronically and has submitted an affidavit to the Secretary of State pursuant to NRS 281.572, the form prescribed by the Secretary of State,

Ê accompanied by instructions on how to complete the form and the time by which it must be filed.

      Secs. 34-39. (Deleted by amendment.)

      Sec. 40.  The provisions of this act do not apply to a financial disclosure statement that is filed by a public officer or candidate to report information for any period that ends before January 1, 2016.

      Sec. 41.  This act becomes effective:

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

      2.  On January 1, 2016, for all other purposes.

________

CHAPTER 321, SB 327

Senate Bill No. 327–Senators Farley, Harris and Hardy

 

CHAPTER 321

 

[Approved: June 1, 2015]

 

AN ACT relating to air ambulances; providing for the minimum number of attendants and qualifications of those attendants for an air ambulance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the issuance of a permit for the operation of an air ambulance by the Division of Public and Behavioral Health of the Department of Health and Human Services or by the district board of health of a county whose population is 700,000 or more (currently Clark County). (NRS 450B.200) Section 3 of this bill provides for the minimum number of attendants and qualifications for those attendants aboard an air ambulance. Section 5 of this bill revises the training requirements for a licensed physician, registered nurse or licensed physician assistant to be certified as an attendant. Section 6 of this bill authorizes an emergency medical services registered nurse to perform certain procedures.

 

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 450B of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. “Emergency medical services registered nurse” means a registered nurse who is issued a certificate to serve as an attendant by the State Board of Nursing pursuant to subsection 8 of NRS 450B.160.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1728 (Chapter 321, SB 327)ê

 

      Sec. 3. 1.  Except as otherwise provided in subsection 2, during any period in which an air ambulance is used to provide medical transportation services for which a permit is required, the air ambulance must be staffed with, at a minimum:

      (a) One primary attendant who:

             (1) Is an emergency medical services registered nurse who has at least 3 years of critical care nursing experience;

             (2) Has successfully completed an air ambulance attendant course which includes didactic and clinical components and is approved or in compliance with requirements set by the board; and

             (3) Has demonstrated proficiency in basic prehospital skills and advance procedures as specified by the board; and

      (b) One secondary attendant who meets the same qualifications as a primary attendant pursuant to paragraph (a) or:

             (1) Is certified as a paramedic;

             (2) Has at least 3 years of field experience as a paramedic;

             (3) Has successfully completed an air ambulance attendant course which includes didactic and clinical components and is approved or in compliance with requirements set by the board; and

             (4) Has demonstrated proficiency in basic prehospital skills and advance procedures as specified by the board.

      2.  If, as determined by the pilot and medical director of the air ambulance, the weight of the secondary attendant could compromise the performance of the air ambulance, safety or patient care, an air ambulance providing medical transportation services may be staffed with only a primary attendant as described in paragraph (a) of subsection 1.

      3.  The board may adopt regulations specifying the acceptable documentation of the requirements set forth in paragraph (a) or (b) of subsection 1.

      4.  The health authority may issue a letter of endorsement and identification card to an emergency medical services registered nurse or paramedic who satisfies the requirements of paragraph (a) or (b) of subsection 1.

      Sec. 4. NRS 450B.020 is hereby amended to read as follows:

      450B.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 450B.025 to 450B.110, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 5. NRS 450B.160 is hereby amended to read as follows:

      450B.160  1.  The health authority may issue licenses to attendants and to firefighters employed by or serving as volunteers with a fire-fighting agency.

      2.  Each license must be evidenced by a card issued to the holder of the license, is valid for a period not to exceed 2 years and is renewable.

      3.  An applicant for a license must file with the health authority:

      (a) A current, valid certificate evidencing the applicant’s successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.

      (b) A current valid certificate evidencing the applicant’s successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1729 (Chapter 321, SB 327)ê

 

advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.

      (c) A signed statement showing:

             (1) The name and address of the applicant;

             (2) The name and address of the employer of the applicant; and

             (3) A description of the applicant’s duties.

      (d) Such other certificates for training and such other items as the board may specify.

      4.  The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.

      5.  Each operator of an ambulance or air ambulance and each fire-fighting agency shall annually file with the health authority a complete list of the licensed persons in its service.

      6.  Licensed physicians, registered nurses and licensed physician assistants may serve as attendants without being licensed under the provisions of this section. A registered nurse who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the State Board of Nursing. A licensed physician assistant who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the Board of Medical Examiners.

      7.  Each licensed physician, registered nurse and licensed physician assistant who serves as an attendant must have current certification of completion of training in:

      (a) Advanced life-support procedures for patients who require cardiac care;

      (b) Life-support procedures for pediatric patients who require cardiac care; [or] and

      (c) Life-support procedures for patients with trauma that are administered before the arrival of those patients at a hospital.

Ê The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.

      8.  The Board of Medical Examiners and the State Board of Nursing shall issue a certificate pursuant to subsection 7 if the licensed physician, licensed physician assistant or registered nurse attends:

      (a) A course offered by a national organization which is nationally recognized for issuing such certification;

      (b) Training conducted by the operator of an ambulance or air ambulance; or

      (c) Any other course or training,

Ê approved by the Board of Medical Examiners or the State Board of Nursing, whichever is issuing the certification. [The Board of Medical Examiners and the State Board of Nursing may require certification of training in all three areas set forth in subsection 7 for a licensed physician, licensed physician assistant or registered nurse who primarily serves as an attendant in a county whose population is 700,000 or more.]

      Sec. 6.  NRS 450B.197 is hereby amended to read as follows:

      450B.197  An attendant or a firefighter who is a paramedic or emergency medical services registered nurse may perform any procedure and administer any drug:

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1730 (Chapter 321, SB 327)ê

 

      1.  Approved by regulation of the board; or

      2.  Authorized pursuant to NRS 450B.1975, if the attendant or firefighter who is a paramedic has obtained an endorsement pursuant to that section.

      Sec. 7. (Deleted by amendment.)

      Sec. 8.  This act becomes effective on January 1, 2016.

________

CHAPTER 322, AB 470

Assembly Bill No. 470–Committee on Ways and Means

 

CHAPTER 322

 

[Approved: June 1, 2015]

 

AN ACT relating to governmental administration; revising provisions governing the base for allocating costs of the Division of Human Resource Management of the Department of Administration to state agencies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Administrator of the Division of Human Resource Management of the Department of Administration to provide state agencies with an estimate of the cost of carrying out the functions of the Division for the succeeding 2 years in preparation for the budget for each biennium. The estimate must be expressed as a percentage of gross annual salaries paid. (NRS 284.115) This bill eliminates the requirement that the estimate be expressed as a percentage of gross annual salaries paid.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 284.115 is hereby amended to read as follows:

      284.115  1.  The Administrator shall:

      (a) Maintain accurate records reflecting the costs of administering the provisions of this chapter.

      (b) In preparation for the budget for each biennium, determine, on the basis of experience during the 2 preceding fiscal years, the estimated cost [, expressed as a percentage of the gross annual salaries paid,] of carrying out the functions of the Division for the 2 succeeding fiscal years, and inform each department, agency and institution operating under the provisions of this chapter of that cost.

      2.  Each department, agency and institution shall include in its budget for each of the 2 succeeding fiscal years an amount of money equal to the cost estimated pursuant to subsection 1.

      3.  Except as otherwise provided in subsection 4, on July 1 of each year each department, agency and institution shall pay to the Administrator for deposit in the Personnel Operating Fund an assessment equal to the amount of money appropriated to or authorized for that department, agency or institution pursuant to its budget for the costs of personnel administration.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1731 (Chapter 322, AB 470)ê

 

      4.  Any state department, agency or institution may pay the assessment required by subsection 3 on a date or dates other than July 1 if compliance with federal law or regulation so requires.

      5.  Changes in assessments are effective upon approval of the Governor and the Interim Finance Committee.

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

________

CHAPTER 323, SB 261

Senate Bill No. 261–Senators Manendo, Denis, Parks, Spearman, Atkinson; Farley, Ford, Goicoechea, Gustavson, Harris, Kieckhefer, Kihuen, Lipparelli, Roberson, Segerblom, Settelmeyer, Smith and Woodhouse

 

Joint Sponsors: Assemblymen Silberkraus, Carlton, Elliot Anderson, Swank, Carrillo; Bustamante Adams, Dickman, Dooling, Edwards, Fiore, Flores, Gardner, Hambrick, Hickey, Moore, Munford, Neal, Ohrenschall, Oscarson, Seaman, Spiegel, Stewart, Thompson, Trowbridge and Wheeler

 

CHAPTER 323

 

[Approved: June 2, 2015]

 

AN ACT relating to animals; requiring certain research facilities to offer certain dogs and cats to an animal shelter or rescue organization for adoption before euthanizing or destroying such a dog or cat; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill requires certain research facilities to offer dogs and cats that are appropriate for adoption to an animal shelter or rescue organization before euthanizing or destroying such a dog or cat. This bill also provides that such a research facility and its officers, directors, employees and agents are immune from civil liability for any act or omission relating to such an adoption.

 

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

      1.  A research facility that intends to euthanize a dog or cat for any purpose other than scientific, medical or educational research shall, before euthanizing the dog or cat, offer the dog or cat for adoption if the dog or cat is appropriate for adoption. A research facility may offer the dog or cat for adoption through a program of the research facility or enter into a collaborative agreement with an animal shelter that performs the work of an animal rescue organization or an animal rescue organization for the purpose of carrying out the provisions of this subsection. Any such animal shelter or animal rescue organization must be domiciled in Nevada and exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1732 (Chapter 323, SB 261)ê

 

      2.  A research facility and any officer, director, employee or agent of the research facility is immune from civil liability for any act or omission relating to the adoption of a dog or cat pursuant to subsection 1.

      3.  As used in this section, “animal rescue organization” means a nonprofit organization established for the purpose of rescuing animals in need and finding permanent, adoptive homes for such animals.

      Sec. 2. NRS 574.050 is hereby amended to read as follows:

      574.050  As used in NRS 574.050 to 574.200, inclusive [:] , and section 1 of this act:

      1.  “Animal” does not include the human race, but includes every other living creature.

      2.  “First responder” means a person who has successfully completed the national standard course for first responders.

      3.  “Police animal” means an animal which is owned or used by a state or local governmental agency and which is used by a peace officer in performing his or her duties as a peace officer.

      4.  “Research facility” means an organization that is engaged in:

      (a) Animal research for the purpose of testing the performance, safety or quality of a product; or

      (b) Scientific research for scientific, medical or educational purposes.

      5.  “Torture” or “cruelty” includes every act, omission or neglect, whereby unjustifiable physical pain, suffering or death is caused or permitted.

      Sec. 3. NRS 574.200 is hereby amended to read as follows:

      574.200  1.  The provisions of NRS 574.050 to 574.510, inclusive, and section 1 of this act do not:

      [1.](a) Interfere with any of the fish and game laws contained in title 45 of NRS or any laws for the destruction of certain birds.

      [2.](b) Interfere with the right to destroy any venomous reptiles or animals, or any animal known as dangerous to life, limb or property.

      [3.](c) Interfere with the right to kill all animals and fowl used for food.

      [4.](d) Prohibit or interfere with any properly conducted scientific experiments or investigations which are performed under the authority of the faculty of some regularly incorporated medical college or university of this State.

      [5.](e) Interfere with any scientific or physiological experiments conducted or prosecuted for the advancement of science or medicine.

      [6.](f) Prohibit or interfere with established methods of animal husbandry, including the raising, handling, feeding, housing and transporting of livestock or farm animals.

      2.  Nothing contained in subsection 1 shall be deemed to exclude a research facility from the provisions of section 1 of this act.

________

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1733ê

 

CHAPTER 324, AB 321

Assembly Bill No. 321–Assemblymen Silberkraus, Dooling, Trowbridge, Gardner, Seaman; Elliot Anderson, Paul Anderson, Armstrong, Dickman, Edwards, Ellison, Fiore, Flores, Hambrick, Hickey, Jones, Kirner, Moore, Nelson, O’Neill, Oscarson, Stewart, Titus, Wheeler and Woodbury

 

Joint Sponsors: Senators Manendo and Harris

 

CHAPTER 324

 

[Approved: June 2, 2015]

 

AN ACT relating to schools; requiring school districts to enter into contracts with charter schools for the provision of school police officers in certain circumstances; requiring a charter school or private school to provide certain notice to the primary law enforcement agency where the school is located; requiring a chief of school police to supervise a school police officer who provides services to a charter school under certain circumstances; clarifying that the jurisdiction of school police officers extends to all charter school property, buildings and facilities that have contracted with the board of trustees of the school district; requiring a law enforcement agency that is contacted for assistance by a public school or private school which does not have school police to respond according to certain protocols; requiring a local law enforcement agency to consider notifying public schools or private schools when responding to certain situations or when notifying another school regarding a crisis or emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of a charter school to contract with the board of trustees of the school district in which the charter school is located to provide school police officers. (NRS 386.560) Section 1.2 of this bill requires the board of trustees of a school district to enter into a contract to provide school police officers to a charter school if the governing body of a charter school makes a request for the provision of school police officers. Sections 3 and 4 of this bill make conforming changes.

      Section 1.4 of this bill requires a charter school to notify the primary law enforcement agency where the charter school is located of: (1) the location of the charter school; (2) the names of authorized contact persons for the charter school; (3) the number of pupils enrolled in the charter school; and (4) the maximum number of pupils that may enroll in the charter school. Section 1.4 also requires a charter school to notify the primary law enforcement agency if the charter school relocates and if the name of any authorized contact person changes. Section 7.4 of this bill requires a private school to provide notice containing the same information to the primary law enforcement agency where the private school is located. Section 8.5 of this bill requires each charter school and each private school in this State to provide such notice as soon as practicable after July 1, 2015, but before the first day of the 2015-2016 school year regardless of when the school commenced operation.

      Existing law requires the board of trustees of a school district to employ a law enforcement officer to serve as the chief of school police and supervise each person employed as a school police officer. (NRS 391.100) Section 6 of this bill requires a chief of school police to supervise any school police officer that provides services to a charter school pursuant to a contract between the governing body of a charter school and the board of trustees of the school district in which the charter school is located to provide police officers.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1734 (Chapter 324, AB 321)ê

 

      Existing law authorizes the board of trustees of a school district in a county that has a metropolitan police department to contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department. Existing law also authorizes the board of trustees of a school district in a county that does not have a metropolitan police department to contract with the sheriff of that county for the provision of police services in the public schools within the school district. (NRS 391.100) Section 6 also clarifies that the board of trustees of a school district may contract with the metropolitan police department or the sheriff of the county, as applicable, for the provision and supervision of police services in a charter school.

      Existing law extends the jurisdiction of school police officers to all school property, buildings and facilities for the purpose of protecting personnel, pupils and property. (NRS 391.275) Section 7 of this bill clarifies that the jurisdiction of school police officers extends to all charter school property, buildings and facilities that have contracted with the board of trustees of the school district for police services. Section 7 also requires a law enforcement agency that is contacted for assistance by a public school or private school which does not have school police to respond according to the protocol of the law enforcement agency established for responding to calls for assistance from the general public.

      Existing law requires the principal of a public school or private school to contact all appropriate local agencies to respond to a crisis or emergency that occurs at a public school or private school. (NRS 392.648, 394.1696) Sections 7.2 and 7.6 of this bill, respectively, require a local law enforcement agency to consider whether it is necessary and appropriate to notify any other public school or private school of the crisis or emergency under certain circumstances. Sections 7.2 and 7.6 require this notification to include any information necessary for the school to appropriately respond to the crisis or emergency.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 386 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.2 and 1.4 of this act.

      Sec. 1.2. 1.  If the governing body of a charter school makes a request to the board of trustees of the school district in which the charter school is located for the provision of school police officers pursuant to NRS 386.560, the board of trustees of the school district must enter into a contract with the governing body for that purpose. Such a contract must provide for payment by the charter school for the provision of school police officers by the school district which must be in an amount not to exceed the actual cost to the school district of providing the officers, including, without limitation, any other costs associated with providing the officers. If the school district is the sponsor of the charter school, the contract entered into pursuant to this section must be separate from any other contract or agreement with the sponsor.

      2.  Any contract for the provision of school police officers pursuant to this section must be entered into between the governing body of the charter school and the board of trustees of the school district by not later than March 15 for the next school year and must provide for the provision of school police officers for not less than 3 school years.

      3.  A school district that enters into a contract pursuant to this section with a charter school for the provision of school police officers is immune from civil and criminal liability for any act or omission of a school police officer that provides services to the charter school pursuant to the contract.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1735 (Chapter 324, AB 321)ê

 

from civil and criminal liability for any act or omission of a school police officer that provides services to the charter school pursuant to the contract.

      Sec. 1.4. 1.  As soon as practicable after commencing operation, but before the first day of the school year, a charter school shall notify the primary law enforcement agency where the charter school is located of:

      (a) The location of the charter school;

      (b) The names of authorized contact persons for the charter school, including, without limitation, the principal and vice principal of the charter school;

      (c) The number of pupils enrolled in the charter school; and

      (d) The maximum number of pupils that may enroll in the charter school.

      2.  As soon as practicable, but not later than 30 days after a charter school relocates or the name of any authorized contact person changes, the charter school shall notify the primary law enforcement agency of the relocation or change.

      3.  As used in this section, “primary law enforcement agency” means, as applicable:

      (a) The police department of an incorporated city;

      (b) The sheriff’s office of a county; or

      (c) If the county is within the jurisdiction of a metropolitan police department, the metropolitan police department.

      Sec. 2. NRS 386.490 is hereby amended to read as follows:

      386.490  As used in NRS 386.490 to 386.649, inclusive, and sections 1.2 and 1.4 of this act, the words and terms defined in NRS 386.492 to 386.503, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 386.560 is hereby amended to read as follows:

      386.560  1.  The governing body of a charter school may contract with the board of trustees of the school district in which the charter school is located or in which a pupil enrolled in the charter school resides or with the Nevada System of Higher Education for the provision of facilities to operate the charter school or to perform any service relating to the operation of the charter school, including, without limitation, transportation, the provision of health services for the pupils who are enrolled in the charter school and the provision of school police officers. If the board of trustees of a school district or a college or university within the Nevada System of Higher Education is the sponsor of the charter school, the governing body and the sponsor must enter into a service agreement pursuant to NRS 386.561 before the provision of such services [.] , other than for the provision of school police officers when the provisions of section 1.2 of this act apply.

      2.  A charter school may use any public facility located within the school district in which the charter school is located. A charter school may use school buildings owned by the school district only upon approval of the board of trustees of the school district and during times that are not regular school hours.

      3.  The board of trustees of a school district may donate surplus personal property of the school district to a charter school that is located within the school district.

      4.  A charter school may:

      (a) Acquire by construction, purchase, devise, gift, exchange or lease, or any combination of those methods, and construct, reconstruct, improve, maintain, equip and furnish any building, structure or property to be used for any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities and lands;

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1736 (Chapter 324, AB 321)ê

 

any of its educational purposes and the related appurtenances, easements, rights-of-way, improvements, paving, utilities, landscaping, parking facilities and lands;

      (b) Mortgage, pledge or otherwise encumber all or any part of its property or assets;

      (c) Borrow money and otherwise incur indebtedness; and

      (d) Use public money to purchase real property or buildings with the approval of the sponsor.

      5.  Except as otherwise provided in this subsection, upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in a class that is not available to the pupil at the charter school or participate in an extracurricular activity, excluding sports, at a public school within the school district if:

      (a) Space for the pupil in the class or extracurricular activity is available; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate in the class or extracurricular activity.

Ê If the board of trustees of a school district authorizes a pupil to participate in a class or extracurricular activity, excluding sports, pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to attend the class or activity. The provisions of this subsection do not apply to a pupil who is enrolled in a charter school and who desires to participate on a part-time basis in a program of distance education provided by the board of trustees of a school district pursuant to NRS 388.820 to 388.874, inclusive. Such a pupil must comply with NRS 388.858.

      6.  Upon the request of a parent or legal guardian of a pupil who is enrolled in a charter school, the board of trustees of the school district in which the pupil resides shall authorize the pupil to participate in sports at the public school that he or she would otherwise be required to attend within the school district, or upon approval of the board of trustees, any public school within the same zone of attendance as the charter school if:

      (a) Space is available for the pupil to participate; and

      (b) The parent or legal guardian demonstrates to the satisfaction of the board of trustees that the pupil is qualified to participate.

Ê If the board of trustees of a school district authorizes a pupil to participate in sports pursuant to this subsection, the board of trustees is not required to provide transportation for the pupil to participate.

      7.  The board of trustees of a school district may revoke its approval for a pupil to participate in a class, extracurricular activity or sports at a public school pursuant to subsections 5 and 6 if the board of trustees or the public school determines that the pupil has failed to comply with applicable statutes, or applicable rules and regulations of the board of trustees, the public school or the Nevada Interscholastic Activities Association. If the board of trustees so revokes its approval, neither the board of trustees nor the public school is liable for any damages relating to the denial of services to the pupil.

      Sec. 4. NRS 386.563 is hereby amended to read as follows:

      386.563  1.  Unless otherwise authorized by specific statute, it is unlawful for a member of the board of trustees of a school district or an employee of a school district to solicit or accept any gift or payment of money on his or her own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1737 (Chapter 324, AB 321)ê

 

money on his or her own behalf or on behalf of the school district or for any other purpose from a member of a committee to form a charter school, the governing body of a charter school, or any officer or employee of a charter school.

      2.  This section does not prohibit the payment of a salary or other compensation or income to a member of the board of trustees or an employee of a school district for services provided in accordance with a contract made pursuant to NRS 386.560 [.] or section 1.2 of this act.

      3.  A person who violates subsection 1 shall be punished for a misdemeanor.

      Sec. 5. (Deleted by amendment.)

      Sec. 6. NRS 391.100 is hereby amended to read as follows:

      391.100  1.  The board of trustees of a school district may employ a superintendent of schools, teachers and all other necessary employees.

      2.  A person who is initially hired by the board of trustees of a school district on or after January 8, 2002, to teach in a program supported with money from Title I must possess the qualifications required by 20 U.S.C. § 6319(a). For the purposes of this subsection, a person is not “initially hired” if he or she has been employed as a teacher by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

      3.  A person who is employed as a teacher, regardless of the date of hire, must possess, on or before July 1, 2006, the qualifications required by 20 U.S.C. § 6319(a) if the person teaches:

      (a) English, reading or language arts;

      (b) Mathematics;

      (c) Science;

      (d) Foreign language;

      (e) Civics or government;

      (f) Economics;

      (g) Geography;

      (h) History; or

      (i) The arts.

      4.  The board of trustees of a school district:

      (a) May employ teacher aides and other auxiliary, nonprofessional personnel to assist licensed personnel in the instruction or supervision of children, either in the classroom or at any other place in the school or on the grounds thereof. A person who is initially hired as a paraprofessional by a school district on or after January 8, 2002, to work in a program supported with Title I money must possess the qualifications required by 20 U.S.C. § 6319(c). A person who is employed as a paraprofessional by a school district, regardless of the date of hire, to work in a program supported with Title I money must possess, on or before January 8, 2006, the qualifications required by 20 U.S.C. § 6319(c). For the purposes of this paragraph, a person is not “initially hired” if he or she has been employed as a paraprofessional by another school district or charter school in this State without an interruption in employment before the date of hire by the person’s current employer.

      (b) Shall establish policies governing the duties and performance of teacher aides.

      5.  Each applicant for employment pursuant to this section, except a teacher or other person licensed by the Superintendent of Public Instruction, must, as a condition to employment, submit to the school district a full set of the applicant’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1738 (Chapter 324, AB 321)ê

 

must, as a condition to employment, submit to the school district a full set of the applicant’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

      6.  Except as otherwise provided in subsection 7, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Ê to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

      7.  A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

      8.  The board of trustees of a school district may employ or appoint persons to serve as school police officers. If the board of trustees of a school district employs or appoints persons to serve as school police officers, the board of trustees shall employ a law enforcement officer to serve as the chief of school police who is supervised by the superintendent of schools of the school district. The chief of school police shall supervise each person appointed or employed by the board of trustees as a school police officer [.] , including any school police officer that provides services to a charter school pursuant to a contract entered into with the board of trustees pursuant to section 1.2 of this act. In addition, persons who provide police services pursuant to subsection 9 or 10 shall be deemed school police officers.

      9.  The board of trustees of a school district in a county that has a metropolitan police department created pursuant to chapter 280 of NRS may contract with the metropolitan police department for the provision and supervision of police services in the public schools within the jurisdiction of the metropolitan police department and on property therein that is owned by the school district [.] and on property therein that is owned or occupied by a charter school if the board of trustees has entered into a contract with the charter school for the provision of school police officers pursuant to section 1.2 of this act. If a contract is entered into pursuant to this subsection, the contract must make provision for the transfer of each school police officer employed by the board of trustees to the metropolitan police department.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1739 (Chapter 324, AB 321)ê

 

police officer employed by the board of trustees to the metropolitan police department. If the board of trustees of a school district contracts with a metropolitan police department pursuant to this subsection, the board of trustees shall, if applicable, cooperate with appropriate local law enforcement agencies within the school district for the provision and supervision of police services in the public schools within the school district , including, without limitation, any charter school with which the school district has entered into a contract for the provision of school police officers pursuant to section 1.2 of this act, and on property owned by the school district [,] and, if applicable, the property owned or occupied by the charter school, but outside the jurisdiction of the metropolitan police department.

      10.  The board of trustees of a school district in a county that does not have a metropolitan police department created pursuant to chapter 280 of NRS may contract with the sheriff of that county for the provision of police services in the public schools within the school district , including, without limitation, in any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to section 1.2 of this act, and on property therein that is owned by the school district [.] and, if applicable, the property owned or occupied by the charter school.

      Sec. 7. NRS 391.275 is hereby amended to read as follows:

      391.275  1.  The jurisdiction of each school police officer of a school district extends to all school property, buildings and facilities within the school district and, if the board of trustees has entered into a contract with a charter school for the provision of school police officers pursuant to section 1.2 of this act, all property, buildings and facilities in which the charter school is located, for the purpose of:

      (a) Protecting school district personnel, pupils, or real or personal property; or

      (b) Cooperating with local law enforcement agencies in matters relating to personnel, pupils or real or personal property of the school district.

      2.  In addition to the jurisdiction set forth in subsection 1, a school police officer of a school district has jurisdiction:

      (a) Beyond the school property, buildings and facilities when in hot pursuit of a person believed to have committed a crime;

      (b) At activities or events sponsored by the school district that are in a location other than the school property, buildings or facilities within the school district; and

      (c) When authorized by the superintendent of schools of the school district, on the streets that are adjacent to the school property, buildings and facilities within the school district for the purpose of issuing traffic citations for violations of traffic laws and ordinances during the times that the school is in session or school-related activities are in progress.

      3.  A law enforcement agency that is contacted for assistance by a public school or private school which does not have school police shall respond according to the protocol of the law enforcement agency established for responding to calls for assistance from the general public.

      Sec. 7.2. NRS 392.648 is hereby amended to read as follows:

      392.648  1.  If a crisis or an emergency that requires immediate action occurs at a public school, including, without limitation, a charter school, the principal of the school involved, or the principal’s designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 392.620 and in accordance with any deviation approved pursuant to NRS 392.636, contact all appropriate local agencies to respond to the crisis or the emergency.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1740 (Chapter 324, AB 321)ê

 

pursuant to NRS 392.620 and in accordance with any deviation approved pursuant to NRS 392.636, contact all appropriate local agencies to respond to the crisis or the emergency.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

      4.  If a local law enforcement agency responds to a crisis or an emergency that occurs at a public school or notifies a public school regarding a crisis or an emergency that occurs outside of the public school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any other public school, including, without limitation, a charter school, or any private school of the crisis or emergency. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis or emergency.

      Sec. 7.4. Chapter 394 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  As soon as practicable after commencing operation, but before the first day of the school year, a private school shall notify the primary law enforcement agency where the private school is located of:

      (a) The location of the private school;

      (b) The names of authorized contact persons for the private school, including, without limitation, the principal and vice principal of the private school;

      (c) The number of pupils enrolled in the private school; and

      (d) The maximum number of pupils that may enroll in the private school.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1741 (Chapter 324, AB 321)ê

 

      2.  As soon as practicable, but not later than 30 days after a private school relocates or the name of any authorized contact person changes, the private school shall notify the primary law enforcement agency of the relocation or change.

      3.  As used in this section, “primary law enforcement agency” means, as applicable:

      (a) The police department of an incorporated city;

      (b) The sheriff’s office of a county; or

      (c) If the county is within the jurisdiction of a metropolitan police department, the metropolitan police department.

      Sec. 7.6. NRS 394.1696 is hereby amended to read as follows:

      394.1696  1.  If a crisis or an emergency that requires immediate action occurs at a private school, the principal or other person in charge of the private school involved, or his or her designated representative, shall, in accordance with the plan developed for the school pursuant to NRS 394.1687 and in accordance with any deviation approved pursuant to NRS 394.1692, contact all appropriate local agencies to respond to the crisis or the emergency.

      2.  If a local agency that is responsible for responding to a crisis or an emergency is contacted pursuant to subsection 1 and the local agency determines that the crisis or the emergency requires assistance from a state agency, the local agency may:

      (a) If a local organization for emergency management has been established in the city or county in which the local agency that was contacted is located, through such local organization for emergency management, notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency; or

      (b) If a local organization for emergency management has not been established in the city or county in which the local agency that was contacted is located, directly notify the Division of Emergency Management of the Department of Public Safety of the crisis or the emergency and request assistance from the Division in responding to the crisis or the emergency.

      3.  If the Division of Emergency Management of the Department of Public Safety receives notification of a crisis or an emergency and a request for assistance pursuant to subsection 2 and the Governor or the Governor’s designated representative determines that the crisis or the emergency requires assistance from a state agency, the Division shall carry out its duties set forth in the plan developed pursuant to NRS 392.640 and its duties set forth in chapter 414 of NRS, including, without limitation, addressing the immediate crisis or emergency and coordinating the appropriate and available local, state and federal resources to provide support services and counseling to pupils, teachers, and parents or legal guardians of pupils, and providing support for law enforcement agencies, for as long as is reasonably necessary.

      4.  If a local law enforcement agency responds to a crisis or an emergency that occurs at a private school or notifies a private school regarding a crisis or an emergency that occurs outside of the private school, the local law enforcement agency must consider whether it is necessary and appropriate to notify any public school, including, without limitation, a charter school, or any other private school of the crisis or emergency.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1742 (Chapter 324, AB 321)ê

 

emergency. Such notification must include, without limitation, any information necessary for the public school or private school to appropriately respond to the crisis or emergency.

      Sec. 8. NRS 280.287 is hereby amended to read as follows:

      280.287  1.  The department may enter into a contract with the board of trustees of the school district located in the county served by the department for the provision and supervision of police services in the public schools within the school district and any charter school with which the board of trustees has entered into a contract for the provision of school police officers pursuant to section 1.2 of this act, and on property owned by the school district [.] and, if applicable, on property owned or operated by a charter school. If the department enters into a contract pursuant to this section, the department shall create a separate unit designated as the school police unit for this purpose.

      2.  The department may establish different qualifications and training requirements for officers assigned to the school police unit than those generally applicable to officers of the department.

      Sec. 8.5.  As soon as practicable after July 1, 2015, but before the first day of the 2015-2016 school year, each charter school and each private school in this State must comply with the requirements of sections 1.4 and 7.4 of this act, respectively, regardless of when the charter school or private school commenced operation.

      Sec. 9.  This act becomes effective on July 1, 2015.

________

CHAPTER 325, SB 224

Senate Bill No. 224–Committee on Commerce, Labor and Energy

 

CHAPTER 325

 

[Approved: June 2, 2015]

 

AN ACT relating to employment; establishing a conclusive presumption that a person is an independent contractor if certain conditions are met; excluding the relationship between a principal and an independent contractor from certain provisions governing the payment of minimum wage to an employee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 16 of Article 15 of the Nevada Constitution defines the term “employee” and requires each employer to pay a certain minimum wage to each employee. Existing law imposes certain additional requirements relating to compensation, wages and hours of employees. (Chapter 608 of NRS) Section 1 of this bill establishes a conclusive presumption that a person is an independent contractor, rather than an employee, if certain conditions are met. Section 5 of this bill excludes the relationship between a principal and an independent contractor from those relationships that constitute employment relationships for the purpose of requiring the payment of a minimum wage. Section 7 of this bill applies the provisions of this bill to any action or proceeding to recover unpaid wages pursuant to a requirement to pay a minimum wage in which a final decision has not been rendered as of the effective date of this bill.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1743 (Chapter 325, SB 224)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 608 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  For the purposes of this chapter, a person is conclusively presumed to be an independent contractor if:

      (a) Unless the person is a foreign national who is legally present in the United States, the person possesses or has applied for an employer identification number or social security number or has filed an income tax return for a business or earnings from self-employment with the Internal Revenue Service in the previous year;

      (b) The person is required by the contract with the principal to hold any necessary state or local business license and to maintain any necessary occupational license, insurance or bonding; and

      (c) The person satisfies three or more of the following criteria:

             (1) Notwithstanding the exercise of any control necessary to comply with any statutory, regulatory or contractual obligations, the person has control and discretion over the means and manner of the performance of any work and the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the principal in the contract.

             (2) Except for an agreement with the principal relating to the completion schedule, range of work hours or, if the work contracted for is entertainment, the time such entertainment is to be presented, the person has control over the time the work is performed.

             (3) The person is not required to work exclusively for one principal unless:

                   (I) A law, regulation or ordinance prohibits the person from providing services to more than one principal; or

                   (II) The person has entered into a written contract to provide services to only one principal for a limited period.

             (4) The person is free to hire employees to assist with the work.

             (5) The person contributes a substantial investment of capital in the business of the person, including, without limitation, the:

                   (I) Purchase or lease of ordinary tools, material and equipment regardless of source;

                   (II) Obtaining of a license or other permission from the principal to access any work space of the principal to perform the work for which the person was engaged; and

                   (III) Lease of any work space from the principal required to perform the work for which the person was engaged.

Ê The determination of whether an investment of capital is substantial for the purpose of this subparagraph must be made on the basis of the amount of income the person receives, the equipment commonly used and the expenses commonly incurred in the trade or profession in which the person engages.

 


…………………………………………………………………………………………………………………

ê2015 Statutes of Nevada, Page 1744 (Chapter 325, SB 224)ê

 

      2.  The fact that a person is not conclusively presumed to be an independent contractor for failure to satisfy three or more of the criteria set forth in paragraph (c) of subsection 1 does not automatically create a presumption that the person is an employee.

      3.  As used in this section, “foreign national” has the meaning ascribed to it in NRS 294A.325.

      Secs. 2-4.  (Deleted by amendment.)

      Sec. 5. NRS 608.255 is hereby amended to read as follows:

      608.255  For the purposes of this chapter and any other statutory or constitutional provision governing the minimum wage paid to an employee, the following relationships do not constitute employment relationships and are therefore not subject to those provisions:

      1.  The relationship between a rehabilitation facility or workshop established by the Department of Employment, Training and Rehabilitation pursuant to chapter 615 of NRS and an individual with a disability who is participating in a training or rehabilitative program of such a facility or workshop.

      2.  The relationship between a provider of jobs and day training services which is recognized as exempt pursuant to the provisions of 26 U.S.C. § 501(c)(3) and which has been issued a certificate by the Division of Public and Behavioral Health of the Department of Health and Human Services pursuant to NRS 435.130 to 435.310, inclusive, and a person with an intellectual disability or a person with a related condition participating in a jobs and day training services program.

      3.  The relationship between a principal and an independent contractor.

      Sec. 6. (Deleted by amendment.)

      Sec. 7.  The amendatory provisions of this act apply to an action or proceeding to recover unpaid wages pursuant to Section 16 of Article 15 of the Nevada Constitution or NRS 608.250 to 608.290, inclusive, in which a final decision has not been rendered before, on or after the effective date of this act.

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

________

 

Link to Page 1745